Procedure lapsed or withdrawn
2013/0137(COD) Plant reproductive material: production and making available on the market
Lead committee dossier: AGRI/7/12787
Legal Basis TFEU 043-p2
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | AGRI | SILVESTRIS Sergio Paolo Francesco (PPE) | KADENBACH Karin (S&D), LYON George (ALDE), HÄUSLING Martin (Verts/ALE), GIRLING Julie (ECR), RUBIKS Alfreds (GUE/NGL), AGNEW John Stuart (EFD) |
| Opinion | ENVI | AYUSO Pilar (PPE) |
Legal Basis TFEU 043-p2
Subjects
- 3.10.03 Marketing and trade of agricultural products and livestock
- 3.10.06 Crop products in general, floriculture
- 3.10.09.02 Plant health legislation
- 3.10.09.06 Agro-genetics, GMOs
- 3.10.11 Forestry policy
- 3.70.01 Protection of natural resources: fauna, flora, nature, wildlife, countryside; biodiversity
Activites
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2015/03/07
Proposal withdrawn by Commission
- DG {'url': 'http://ec.europa.eu/dgs/health_consumer/index_en.htm', 'title': 'Health and Consumers'}, BORG Tonio
-
2014/03/11
Results of vote in Parliament
- Results of vote in Parliament
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T7-0185/2014
summary
The European Parliament adopted by 511 votes to 136 with 16 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the production and making available on the market of plant reproductive material (plant reproductive material law). Parliament, on first reading under the ordinary legislative procedure, had rejected the Commission proposal, and called on the Commission to withdraw its proposal and submit a new one. To recall, the proposal aims to consolidate and update legislation on the marketing of the material reproduction of plants (MRV) by repealing and replacing twelve existing directives. In its resolution, Parliament referred to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Austrian Federal Council and the Netherlands House of Representatives, asserting that the draft legislative act does not comply with the principle of subsidiarity.
- 2014/03/10 Debate in Parliament
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2014/02/14
Committee report tabled for plenary, 1st reading/single reading
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A7-0112/2014
summary
The Committee on Agriculture and Rural Development adopted the report by Sergio Paolo Francesco SILVESTRIS (EPP, IT) on the proposal for a regulation of the European Parliament and of the Council on the production and making available on the market of plant reproductive material (plant reproductive material law). The parliamentary committee recommended that the European Parliament, at first reading of the ordinary legislative procedure, reject the Commission proposal. It called on the Commission to withdraw its proposal and submit a new one. To recall, the proposal aims to consolidate and update legislation on the marketing of the material reproduction of plants (MRV) by repealing and replacing twelve existing directives.
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A7-0112/2014
summary
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2014/02/11
Vote in committee, 1st reading/single reading
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2013/11/21
Referral to associated committees announced in Parliament
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2013/05/23
Committee referral announced in Parliament, 1st reading/single reading
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2013/05/06
Legislative proposal published
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COM(2013)0262
summary
PURPOSE: to set down rules on the production and making available on the market of plant reproductive material (PRM) with a view to ensuring the quality of that material and informed choices for users. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: “sustainable intensification" and greening of food crop production, in which yields are increased without adverse environmental impact and without the cultivation of more land, have become a central concern. Plant reproductive material legislation is critically important for reaching this aim. The EU Forest Strategy emphasises the importance of the multifunctional role of forest and its sustainable management. The majority of Council Directives for making available on the market of plant reproductive material have first been adopted between 1966 and 1971 and some Directives are more recent. The complexity and fragmentation of the existing legislation is likely to perpetuate existing uncertainties and discrepancies in its implementation between the Member States. This creates an uneven playing field for professional operators on the single market. Developments in the areas of agriculture, horticulture, forestry, plant breeding and making available on the market of plant reproductive material have shown that the legislation needs to be simplified and further adapted to the developments of the sector by replacing the existing Directives by a single Regulation. This proposal is part of a comprehensive package that also includes three other proposals to modernise the plant health, animal health, and official controls acquis. IMPACT ASSESSMENT: the impact assessment concludes that no single option succeeds in achieving the objectives of the review of the current system. The preferred option combines aspects that seek to strike a balance between flexibility for professional operators (Options 2 and 4), biodiversity (Option 4) and the necessary rigour in health and quality requirements (Options 2 and 5) for the fair functioning of the market and for maintaining the quality and health of plant reproductive material. LEGAL BASIS: Article 43(2) of the Treaty on the Functioning of the European Union. CONTENT: the proposal consolidates and updates legislation on the placing on the market of plant reproductive material by repealing and replacing the 12 existing directives. Its main features may be summarised as follows: Objectives: the proposal seeks to: (i) ensure a level playing field across the EU through simplified, clarified and harmonised rules; (ii) reduce unnecessary costs and administrative burden and to increase flexibility; (iii) align PRM legislation with other recent Union strategies; and (iv) foster innovation in plant breeding. The scope of the proposed Regulation covers all forms of PRM. Professional operators: the proposal introduces basic obligations for professional operators concerning the identification of the plant reproductive material they are producing or making available on the market, keeping of records, facilitation of controls and maintenance of the material. The traceability of any plant reproductive material is ensured by the obligation for the professional operators to have information one step before and one step after their commercial activities. PRM other than forest reproductive material: the proposal maintains the basic approach on registration of varieties/material and certification/inspection of lots before making available on the market. However, more flexibility will be given to professional operators. In addition, secondary acts will be adopted setting out the specific requirements for the production and making available on the market of particular species and their categories (pre-basic, basic, certified and standard material). The proposal sets down the requirements for making available on the market of PRM. It retains certain derogations and introduces a derogation on niche market plant reproductive material. It also brings exports within the scope of the Regulation. Production and making available on the market of PRM belonging to non-listed genera or species: PRM not belonging to the listed genera and species shall also be subject to a few basic requirements with regard to its health status, fitness for purpose, appropriate reference to varieties, where applicable, and identification of the respective material and imports. Registration of varieties in national and Union registers: the varieties, in order to be made available on the market throughout the Union, shall be included in a national register or in the Union register via direct application procedure to the CVPO. CPVO will keep the updated information on all plant varieties that can be made available on the market in the Union, including the varieties registered in national registers (Union plant variety database). The proposal establishes the detailed requirements for the variety registration Procedure. A new obligation for each national variety examination centre to be audited by the CPVO will be introduced with the aim to ensure the quality and harmonisation of the variety registration process in the Union. Concerning old varieties, less stringent requirements should continue to be laid down. Production and making available on the market of forest reproductive material: the EU legislation sets a specific approach on forest reproductive material. The proposal establishes the requirements applicable to forest reproductive material. Derogations are envisaged in regard to: (i) authorisation of more stringent national requirements; (ii) prohibition to make available to end-user specified forest reproductive material; and (iii) rules concerning temporary difficulties in supply and rules concerning temporary experiments. BUDGETARY IMPLICATIONS: the financial appropriations for implementing the Regulation up to 31 December 2020 are presented in the Regulation on laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material. DELEGATED ACTS: the proposal includes provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
- DG {'url': 'http://ec.europa.eu/dgs/health_consumer/index_en.htm', 'title': 'Health and Consumers'}, BORG Tonio
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COM(2013)0262
summary
Documents
- Legislative proposal published: COM(2013)0262
- Committee report tabled for plenary, 1st reading/single reading: A7-0112/2014
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0185/2014
| Amendments | Dossier |
| 1965 |
2013/0137(COD)
2013/12/18
ENVI
1565 amendments...
Amendment 100 #
Proposal for a regulation Recital 1 – introductory part (1) The following Directives set out rules for the production and marketing of seeds and propagating material of agricultural crops, vegetables, vine, fruit plants
Amendment 1000 #
Proposal for a regulation Article 84 – paragraph 3 – point b Amendment 1001 #
Proposal for a regulation Article 84 – paragraph 4 Amendment 1002 #
Proposal for a regulation Article 84 – paragraph 4 4. The competent authority may renew the registration of a variety in a national variety register, without an application for renewal being submitted pursuant to paragraphs 1 and 2, where it considers that the renewal of that registration serves sustainable agricultural production and the preservation of genetic diversity
Amendment 1004 #
Proposal for a regulation Article 85 – paragraph 1 – point a (a) if the competent authority concludes, on the basis of any new evidence, that the requirements for registration, as set out in Article 56, with the exception of provisions concerning satisfactory and sustainable value for cultivation and/or use under paragraph 2 (b) and (c), are no longer fulfilled;
Amendment 1005 #
Proposal for a regulation Article 85 – paragraph 1 – point c Amendment 1006 #
Proposal for a regulation Article 85 – paragraph 1 – point d (d) if the person responsible for the maintenance of the variety, as referred to in Article 86(1), so requests, unless maintenance of the variety is assured by another person; the competent authority shall set a deadline for the applicant to find another person to maintain the variety;
Amendment 1007 #
Proposal for a regulation Article 85 – paragraph 2 – subparagraph 1 On request by the applicant or a third party, the competent authority may allow a variety deleted or expired from the national variety register in accordance to paragraph 1(b), 1(c), 1(d), 1(e), 1(f) or 1(h) to continue to be made available on the market until 30 June of the third year following the deletion from the register.
Amendment 1008 #
Proposal for a regulation Article 85 – paragraph 2 – subparagraph 2 Amendment 1009 #
Proposal for a regulation Article 85 – paragraph 3 3. After a variety is deleted from the national variety register, the competent authority shall submit a sample of that variety, and its description, to an officially recognised gene bank dedicated to the conservation of genetic resources, without prejudice to legislation on the protection of plant varieties.
Amendment 101 #
Proposal for a regulation Recital 1 – introductory part (1) The following Directives set out rules for the production and marketing of seeds and propagating material of agricultural crops, vegetables, vine, fruit plants
Amendment 1010 #
Proposal for a regulation Article 85 – paragraph 3 3. After a variety is deleted from the national variety register, the competent authority shall submit a sample of that variety
Amendment 1012 #
Proposal for a regulation Article 86 – paragraph 1 a (new) 1a. Any other person may notify the competent authority with reference to a registered variety that that person is acting as an additional maintainer.
Amendment 1013 #
Proposal for a regulation Article 86 – paragraph 4 Amendment 1014 #
Proposal for a regulation Article 86 – paragraph 4 4. Varieties provided with an officially recognised description shall be maintained in their region(s) of origin. Natural persons, organisations and networks of conservation of genetic resources which maintain landraces (maintainers), shall be more than one. The maintainer who applies for the registration of landrace shall provide with sufficient reproductive material of high germination other maintainers and the national gene bank.
Amendment 1015 #
Proposal for a regulation Article 87 – paragraph 1 – introductory part 1. The competent authorities
Amendment 1016 #
Proposal for a regulation Article 87 – paragraph 1 – introductory part 1.
Amendment 1017 #
Proposal for a regulation Article 87 – paragraph 1 – introductory part 1. The competent authorities
Amendment 1018 #
Proposal for a regulation Article 87 – paragraph 1 – point a Amendment 1019 #
Proposal for a regulation Article 87 – paragraph 1 – point c Amendment 102 #
Proposal for a regulation Recital 1 – point e Amendment 1020 #
Proposal for a regulation Article 87 – paragraph 1 – point e Amendment 1021 #
Proposal for a regulation Article 87 – paragraph 1 – point e Amendment 1022 #
Proposal for a regulation Article 87 – paragraph 1 – point f Amendment 1023 #
Proposal for a regulation Article 87 – paragraph 1 – point f a (new) (fa) the audit referred to in Article 72.
Amendment 1024 #
Proposal for a regulation Article 87 – paragraph 2 2. The actions referred to in paragraph 1 shall only be carried out on demand submitted by the applicant to the competent authority, and after the respective fees have been paid.
Amendment 1025 #
Proposal for a regulation Article 87 – paragraph 3 3. The Commission shall be empowered to adopt
Amendment 1026 #
Proposal for a regulation Article 88 – paragraph 1 1. In the case of varieties provided with an officially recognised description, no fees shall be charged for the actions referred to in
Amendment 1027 #
Proposal for a regulation Article 88 – paragraph 1 1. In the case of varieties provided with an officially recognised description, no fees shall be charged for the actions referred to
Amendment 1028 #
Proposal for a regulation Article 88 – paragraph 2 Amendment 1029 #
Proposal for a regulation Article 88 – paragraph 2 Amendment 103 #
Proposal for a regulation Recital 1 – point e Amendment 1030 #
Proposal for a regulation Article 89 Amendment 1031 #
Proposal for a regulation Article 89 – title Exemptions from the payment of registration fees and reduced payment
Amendment 1032 #
Proposal for a regulation Article 89 – paragraph 1 1. Fees provided for in Article 87
Amendment 1033 #
Proposal for a regulation Article 89 – paragraph 2 2.
Amendment 1034 #
Proposal for a regulation Article 89 – paragraph 2 2.
Amendment 1035 #
Proposal for a regulation Article 89 – paragraph 2 2. Applicants employing fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed EUR
Amendment 1036 #
Proposal for a regulation Article 89 – paragraph 2 2. Applicants
Amendment 1037 #
Proposal for a regulation Article 89 – paragraph 2 2.
Amendment 1038 #
Proposal for a regulation Article 89 – paragraph 2 2. Applicants employing fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed EUR 2 million shall
Amendment 1039 #
Proposal for a regulation Article 89 – paragraph 2 2. Applicants employing fewer than 10 persons and whose consolidated annual turnover or consolidated annual balance sheet total does not exceed EUR
Amendment 104 #
Proposal for a regulation Recital 1 – point e Amendment 1040 #
Proposal for a regulation Article 89 – paragraph 2 2. Applicants
Amendment 1041 #
Proposal for a regulation Article 89 – paragraph 2 2. Applicants
Amendment 1042 #
Proposal for a regulation Article 89 – paragraph 2 a (new) 2a. The payment of fees shall not be required for the registration of varieties or clones in the public domain.
Amendment 1043 #
Proposal for a regulation Article 89 – paragraph 3 Amendment 1044 #
Proposal for a regulation Article 89 – paragraph 3 Amendment 1045 #
Proposal for a regulation Part III – title IV – chapter IV – section 4 (articles 90 to 92) Amendment 1046 #
Proposal for a regulation Article 90 Amendment 1047 #
Proposal for a regulation Article 90 – paragraph 1 – point a Amendment 1048 #
Proposal for a regulation Article 90 – paragraph 1 – point b Amendment 1049 #
Proposal for a regulation Article 91 Amendment 105 #
Proposal for a regulation Recital 2 (2) The basic objective of the above Directives is sustainable agricultural
Amendment 1051 #
Proposal for a regulation Article 92 – paragraph 1 – point b (b) the identification of the
Amendment 1052 #
Proposal for a regulation Article 92 – paragraph 1 – point c a (new) (ca) the name and address of the breeder;
Amendment 1053 #
Proposal for a regulation Article 92 – paragraph 1 – point e (e) where applicable, the name and address of the person responsible for the maintenance of the clone, and, where applicable, the reference number of that person;
Amendment 1054 #
Proposal for a regulation Article 92 – paragraph 1 – point g (g) when known, the geographic origin of the clone;
Amendment 1057 #
Proposal for a regulation Article 93 This Chapter shall apply to varieties
Amendment 1058 #
Proposal for a regulation Article 93 This Chapter shall apply to varieties
Amendment 1059 #
Proposal for a regulation Article 94 – paragraph 1 – introductory part 1. For the registration of a variety
Amendment 106 #
Proposal for a regulation Recital 2 (2) The basic objective of the above Directives is sustainable agricultural, horticultural and forestry production. In order to ensure productivity,
Amendment 1060 #
Proposal for a regulation Article 94 – paragraph 1 – point c Amendment 1061 #
Proposal for a regulation Article 94 – paragraph 1 – point d Amendment 1062 #
Proposal for a regulation Article 94 – paragraph 1 – point d Amendment 1063 #
Proposal for a regulation Article 94 – paragraph 2 2. For the examination of denominations, for variety
Amendment 1064 #
Proposal for a regulation Article 94 – paragraph 2 2. For the examination of denominations, for variety
Amendment 1065 #
Proposal for a regulation Article 94 – paragraph 3 – introductory part 3. When applying Chapter IV for the registration of a variety
Amendment 1066 #
Proposal for a regulation Article 94 – paragraph 3 – introductory part 3. When applying Chapter IV for the registration of a variety
Amendment 1067 #
Proposal for a regulation Article 96 – title Amendment 1068 #
Proposal for a regulation Article 96 – title Amendment 1069 #
Proposal for a regulation Article 96 – paragraph 1 Amendment 107 #
Proposal for a regulation Recital 3 (3) Evolution in the areas of agriculture, horticulture,
Amendment 1070 #
Proposal for a regulation Article 96 – paragraph 1 1. Varieties
Amendment 1071 #
Proposal for a regulation Article 96 – paragraph 1 1. Varieties
Amendment 1072 #
Proposal for a regulation Article 96 – paragraph 1 a (new) 1a. Any other person may notify the competent authority with reference to a registered variety that it acts as an additional maintainer.
Amendment 1073 #
Proposal for a regulation Article 96 – paragraph 2 Amendment 1074 #
Proposal for a regulation Article 96 – paragraph 3 Amendment 1075 #
Proposal for a regulation Article 96 – paragraph 3 3. The persons referred to in paragraph 1 shall keep records concerning the maintenance of the variety
Amendment 1076 #
Proposal for a regulation Article 96 – paragraph 4 Amendment 1077 #
Proposal for a regulation Article 96 – paragraph 4 4. The Agency shall check the way the maintenance is carried out and may, to this purpose, take samples of the varieties
Amendment 1078 #
Proposal for a regulation Article 96 – paragraph 5 Amendment 1079 #
Proposal for a regulation Article 96 – paragraph 5 5. The competent authorities of the Member State where the maintenance of the variety
Amendment 108 #
Proposal for a regulation Recital 3 (3)
Amendment 1080 #
Proposal for a regulation Article 96 – paragraph 5 5. The competent authorities of the Member State where the maintenance of the variety
Amendment 1081 #
Proposal for a regulation Article 96 – paragraph 6 Amendment 1082 #
Proposal for a regulation Article 97 – paragraph 1 Amendment 1083 #
Proposal for a regulation Article 97 – paragraph 1 1. The Commission shall be empowered to adopt delegated acts, in accordance with the procedure referred to in Article 140, setting out the method of the calculation the amount of the fees referred to in Article 87(1) as applied pursuant to Article 94.
Amendment 1084 #
Proposal for a regulation Article 97 – paragraph 2 2. The level at which the fees are set
Amendment 1085 #
Proposal for a regulation Article 97 – paragraph 2 2. The level at which the fees are set pursuant to paragraph 1 shall reflect the principle of sound financial management to allow the Agency to maintain a balanced budget. Derogations or exemptions may be laid down for small undertakings or private individuals.
Amendment 1086 #
Proposal for a regulation Article 97 – paragraph 2 a (new) Amendment 1087 #
Proposal for a regulation Article 101 – paragraph 1 1. Each competent authority shall notify within
Amendment 1088 #
Proposal for a regulation Article 101 – paragraph 2 2. Each competent authority shall notify the Agency of the person responsible for the maintenance of the variety pursuant to
Amendment 1089 #
Proposal for a regulation Article 103 – paragraph 2 2. By 31 March of each year, each competent authority shall notify to the other competent authorities, the Agency and the Commission any amendments of the respective national variety registers which took place during the preceding year.
Amendment 109 #
Proposal for a regulation Recital 3 (3) Evolution in the areas of agriculture, horticulture, forestry, plant breeding and making available on the market of plant reproductive material has shown that the legislation needs to be simplified and further adapted to the developments of the sector. Therefore, the above Directives should be replaced by a single Regulation on the
Amendment 1090 #
Proposal for a regulation Article 103 – paragraph 4 4. The competent authority shall
Amendment 1091 #
Proposal for a regulation Article 103 – paragraph 4 4. The competent authority shall
Amendment 1092 #
Proposal for a regulation Article 103 – paragraph 4 4. The competent authority shall
Amendment 1093 #
Proposal for a regulation Article 104 – paragraph 1 1. The
Amendment 1094 #
Proposal for a regulation Article 104 – paragraph 4 4. The Agency shall
Amendment 1095 #
Proposal for a regulation Article 104 – paragraph 4 4. The Agency shall
Amendment 110 #
Proposal for a regulation Recital 6 (6) In order to determine the scope of the several provisions of this Regulation it is necessary to define the concepts of ‘professional operator’ and ‘making available on the market’. In particular, in view of the marketing developments of the sector, the definition of ‘making available on the market’ should be as wide as possible to ensure all forms of transactions of plant reproductive material. That definition should include inter alia persons concluding sales through distance contracts (e.g. electronically) and persons who collect basic forest material. Farmers exchanging seeds from their own farm on their own behalf and for their own account should not be regarded as professional operators.
Amendment 1102 #
Proposal for a regulation Article 106 – paragraph 1 – point k (k) "provenance" means the place in which any seed source or stand is growing;
Amendment 1103 #
Proposal for a regulation Article 106 – paragraph 1 – point k (k) "provenance" means the place in which any seed source or stand is growing;
Amendment 1104 #
Proposal for a regulation Article 106 – paragraph 1 – point q (q) "tested": means derived from basic forest material consisting of stands, seed orchards, parents of families, clones or clonal mixtures of superior quality, which must have been demonstrated by comparative testing or estimated from the genetic evaluation of the components of the basic forest material;
Amendment 1105 #
Proposal for a regulation Article 106 – paragraph 1 – point q (q) "tested": means derived from basic forest material consisting of stands, seed orchards, parents of families, clones or clonal mixtures of superior quality, which must have been demonstrated by comparative testing or estimated from the genetic evaluation of the components of the basic forest material;
Amendment 1106 #
Proposal for a regulation Article 106 – paragraph 1 – point r – introductory part (r) "plant
Amendment 1107 #
Proposal for a regulation Article 106 – paragraph 1 – point r – introductory part (r) "plant
Amendment 1108 #
Proposal for a regulation Article 106 – paragraph 1 – point u (u) "
Amendment 1109 #
Proposal for a regulation Article 106 – paragraph 1 – point u (u) "
Amendment 111 #
Proposal for a regulation Recital 6 (6) In order to determine the scope of the several provisions of this Regulation it is necessary to define the concepts of ‘professional operator’ and ‘making available on the market’. In particular, in view of the marketing developments of the sector, the definition of ‘making available on the market’ should be as wide as possible to ensure all forms of transactions of plant reproductive material. That definition should include inter alia persons concluding sales through distance contracts (e.g. electronically)
Amendment 1110 #
Proposal for a regulation Article 110 – paragraph 1 1. The Member States shall for species in Annex IX demarcate the regions of provenance of basic forest material consisting of stands or seed sources and intended for the production of forest reproductive material under the ‘source- identified’ and ‘selected’ categories.
Amendment 1111 #
Proposal for a regulation Article 110 – paragraph 1 1. The Member States shall for species in Annex IX demarcate the regions of provenance of basic forest material consisting of stands or seed sources and intended for the production of
Amendment 1112 #
Proposal for a regulation Article 112 – paragraph 2 2. Each Member State shall establish, publish and update a summary of the national register in the form of a national list or catalogue.
Amendment 1113 #
Proposal for a regulation Article 112 – paragraph 4 – point b (b) category
Amendment 1114 #
Proposal for a regulation Article 112 – paragraph 4 – point b (b) category
Amendment 1115 #
Proposal for a regulation Article 112 – paragraph 4 – point f – point i (i) for basic forest material intended for production of the ‘source-identified’ category, region of provenance and geographical position defined by latitude and longitude or the latitudinal and longitudinal range;
Amendment 1116 #
Proposal for a regulation Article 112 – paragraph 4 – point f – point i (i) for basic forest material intended for production of the ‘source-identified’ category, region of provenance and geographical position defined by latitude and longitude or the latitudinal and longitudinal range;
Amendment 1117 #
Proposal for a regulation Article 112 – paragraph 4 – point h (h) area: the
Amendment 1118 #
Proposal for a regulation Article 112 – paragraph 4 – point h (h) area: the
Amendment 1119 #
Proposal for a regulation Article 117 – paragraph 4 Amendment 112 #
Proposal for a regulation Recital 6 (6) In order to determine the scope of the
Amendment 1120 #
Proposal for a regulation Article 117 – paragraph 4 4. Forest reproductive material belonging to the species and artificial hybrids listed in Annex IX which propagate vegetatively may only be made available on the market under the ‘selected’ category if it has been mass propagated from seeds.
Amendment 1121 #
Proposal for a regulation Article 117 – paragraph 4 4. Forest reproductive material belonging to the species and artificial hybrids listed in Annex IX which propagate vegetatively may only be made available on the market under the ‘selected’ category if it has been mass propagated from seeds.
Amendment 1122 #
Proposal for a regulation Article 123 – paragraph 2 – point d (d) the purpose (specific objective for which the basic material was selected);
Amendment 1123 #
Proposal for a regulation Article 123 – paragraph 2 – point i (i)
Amendment 1124 #
Proposal for a regulation Article 123 – paragraph 2 – point j (j) the type of planting stock (whether
Amendment 1125 #
Proposal for a regulation Article 123 – paragraph 2 – point j (j) the type of planting stock (whether
Amendment 1126 #
Proposal for a regulation Article 124 – paragraph 1 – point a Amendment 1127 #
Proposal for a regulation Article 124 – paragraph 1 – point a (a) the master certificate number(s) issued under Article 122(1) or the reference to the other document available according to Article 122 (3) and (4);
Amendment 1128 #
Proposal for a regulation Article 124 – paragraph 2 – point b (b) the germination
Amendment 1129 #
Proposal for a regulation Article 124 – paragraph 2 – point b (b) the germination
Amendment 113 #
Proposal for a regulation Recital 6 (6) In order to determine the scope of the several provisions of this Regulation it is necessary to define the concepts of ‘professional operator’ and ‘making available on the market’. In particular, in view of the marketing developments of the sector, the definition of ‘making available on the market’ should be as wide as possible to ensure all forms of transactions of plant reproductive material. That definition should include inter alia persons concluding sales through distance contracts (e.g. electronically)
Amendment 1130 #
Proposal for a regulation Article 131 – title Exemption for small quantities of seed
Amendment 1131 #
Proposal for a regulation Article 135 Amendment 1132 #
Proposal for a regulation Article 136 Amendment 1133 #
Proposal for a regulation Article 136 – paragraph 2 2.
Amendment 1134 #
Proposal for a regulation Article 136 – paragraph 2 2.
Amendment 1135 #
Proposal for a regulation Article 140 – paragraph 2 2. The delegation of power referred to in Articles 11(3), 13(3), 14(3), 15(5), 16(2), 17(4), 18(4), 18(6), 20(4), 21(5), 23(3), 30(4), 32(1), 33(3), 34(6), 36(4), 38(4),
Amendment 1136 #
Proposal for a regulation Article 140 – paragraph 2 2. The delegation of power referred to in Articles
Amendment 1137 #
Proposal for a regulation Article 140 – paragraph 3 3. The delegation of power referred to in Articles 11(3), 13(3), 14(3), 15(5), 16(2), 17(4), 18(4), 18(6), 20(4), 21(5), 23(3), 30(4), 32(1), 33(3), 34(6), 36(4), 38(4), 39(3), 44(1), 56(5), 56(6), 59(2), 64(4), 65(3), 67(2), 72(2), 74(1)
Amendment 1138 #
Proposal for a regulation Article 140 – paragraph 3 3. The Articles
Amendment 1139 #
Proposal for a regulation Article 140 – paragraph 5 5. A delegated act adopted pursuant to Articles 11(3), 13(3), 14(3), 15(5), 16(2), 17(4), 18(4), 18(6), 20(4), 21(5), 23(3), 30(4), 32(1), 33(3), 34(6), 36(4), 38(4), 39(3), 44(1), 56(5), 56(6), 59(2), 64(4), 65(3), 67(2), 72(2), 74(1)
Amendment 114 #
Proposal for a regulation Recital 6 (6) In order to determine the scope of the several provisions of this Regulation it is necessary to define the concepts of ‘professional operator’ and ‘making available on the market’. In particular,
Amendment 1140 #
Proposal for a regulation Article 140 – paragraph 5 5. A delegated act adopted pursuant to Articles
Amendment 1141 #
Proposal for a regulation Article 142 – point 1 Regulation 2100/94 Article 4 – paragraph 2 – point b Amendment 1142 #
Proposal for a regulation Article 142 – point 1 Regulation 2100/94 Article 4 – paragraph 2 – point f Amendment 1143 #
Proposal for a regulation Article 142 – point 1 Regulation 2100/94 Article 4 – paragraph 2 – point i Amendment 1144 #
Proposal for a regulation Article 144 – paragraph 1a (new) 1a. Without prejudice to more detailed requirements laid down in this Regulation, the following Articles and Annexes shall continue to apply: (a) Articles 21 to 22 of, and Annexes I to V to the repealed Council Directive 66/401 EEC; (b) Articles 21 to 22 of, and Annexes I to V to the repealed Council Directive 66/402 EEC; (c) Articles 17 to 18 of, and Annexes I to IV to the repealed Council Directive 68/193 EEC; (d) Articles 16 to 18 and 24 of the repealed Council Directive 2002/53 EC; (e) Articles 27 to 29 of, and Annexes I to IV to the repealed Council Directive 2002/54 EC; (f) Articles 45 to 47 of, and Annexes I to V to the repealed Council Directive 2002/55 EC; (g) Articles 24 to 26 of, and Annexes I to III to the repealed Council Directive 2002/56 EC; (h) Articles 24 to 26 of, and Annexes I to V to the repealed Council Directive 2002/57 EC.
Amendment 115 #
Proposal for a regulation Recital 6 (6) In order to determine the scope of the several provisions of this Regulation it is necessary to define the concepts of ‘professional operator’ and ‘making available on the market’. In particular, in view of the marketing developments of the sector, the definition of ‘making available on the market’ should be as wide as possible to ensure all forms of transactions
Amendment 116 #
Proposal for a regulation Recital 6 a (new) (6a) Private gardeners and farmers, who use seeds and plants and produce them for their own consumption, are not covered by this Regulation. The rules laid down in this Regulation shall only apply to the marketing of plant reproductive material aimed at commercial exploitation.
Amendment 117 #
Proposal for a regulation Recital 9 (9) In order to ensure transparency and more effective controls on the
Amendment 1178 #
Proposal for a regulation Annex I – item 19 Amendment 118 #
Proposal for a regulation Recital 9 (9) In order to ensure transparency and more effective controls on the production and making available on the market of plant reproductive material, professional operators should be registered. Farmers should not be considered as professional operators. However, in order to reduce the administrative burden for professional operators, by allowing them to register only once in a single register, it is appropriate that they register
Amendment 1183 #
Proposal for a regulation Annex I – item 27 Beta vulgaris L. except for vegetable use
Amendment 119 #
Proposal for a regulation Recital 12 (12) Certain genera and species of plant reproductive material, with the exception of those marketed exclusively for ornamental use and those intended for sale to home gardeners, should be subject to enhanced requirements concerning their production and making available on the market due to their increased economic, health or environmental importance. That importance should be determined through the area or value of production of those genera or species, the number of professional operators or the content of substances which present a potential risk for health or the environment. The majority of those genera and species is currently regulated by the above Directives. Those genera and species should be inserted in a specific list (hereinafter: ‘listed genera and species’).
Amendment 1191 #
Proposal for a regulation Annex I – item 31 Brassica napus L. except for vegetable use
Amendment 1193 #
Proposal for a regulation Annex I – item 34 Brassica rapa L. except for vegetable use
Amendment 120 #
Proposal for a regulation Recital 13 (13) In order to ensure transparency and enable informed choices by consumers, plant reproductive material belonging to listed genera and species should only be produced or made available on the market under predefined categories. Those categories should reflect different quality levels and production stages and be named ‘pre-basic’, ‘basic’, ‘certified’ and ‘standard’
Amendment 1205 #
Proposal for a regulation Annex I – item 44 Amendment 1206 #
Proposal for a regulation Annex I – item 44 Amendment 1207 #
Proposal for a regulation Annex I – item 44 Amendment 121 #
Proposal for a regulation Recital 14 (14) In order to ensure the widest possible availability of plant reproductive material and choices by its users, professional operators should, in principle, be able to make available on the market plant reproductive material belonging to listed genera or species under any of the categories, considering that production and marketing conditions between agricultural and horticultural species are different. However, in order to ensure food and feed security,
Amendment 1212 #
Proposal for a regulation Annex I – item 48 Amendment 122 #
Proposal for a regulation Recital 24 (24) For the preservation of the natural environment in the context of the conservation of genetic resources, it is desirable to allow the mixture of plant reproductive material belonging to listed genera or species with non-listed genera or species.
Amendment 123 #
Proposal for a regulation Recital 27 (27) Plant reproductive material which is distributed exclusively on the local market and made available on the market only in limited quantities by small producers (“niche market plant reproductive material”) should be
Amendment 1231 #
Proposal for a regulation Annex I – item 67 Amendment 124 #
Proposal for a regulation Recital 27 (27) Plant reproductive material which is made available on the market only in limited quantities
Amendment 125 #
Proposal for a regulation Recital 27 (27) Plant reproductive material which is made available on the market only in limited quantities
Amendment 126 #
Proposal for a regulation Recital 30 (30) Basic requirements should be set for plant reproductive material not belonging to listed genera or species, to ensure minimum quality and identification standards for their production and making available on the market. Those requirements should also apply to plant reproductive material marketed for ornamental purposes and to propagating material intended for sale to home gardeners.
Amendment 127 #
Proposal for a regulation Recital 36 (36)
Amendment 1270 #
Proposal for a regulation Annex I – item 105 Amendment 1275 #
Proposal for a regulation Annex I – item 111 Amendment 128 #
Proposal for a regulation Recital 36 (36) In the context of the Convention on Biological Diversity to which the Union is a party, the Union has committed to maintain the genetic diversity of cultivated plants, and of wild relatives, and to minimise genetic erosion. That commitment complements the objective of the Union to halt biodiversity loss by 2020. In that context, certain varieties including landraces should be allowed to be produced and made available on the market even if they do not comply with the requirements concerning distinctiveness, uniformity or stability, to ensure their conservation and sustainable use and thus contribute to the sustainability of agriculture and the adaptation to climate change. Therefore, those varieties should only be registered on the basis of an officially recognised description.
Amendment 129 #
Proposal for a regulation Recital 36 (36) In the context of the Convention on Biological Diversity to which the Union is a party, the Union has committed to maintain the genetic diversity of cultivated plants, and of wild relatives, and to minimise genetic erosion. That commitment complements the objective of the Union to halt biodiversity loss by 2020 and take action to safeguard biodiversity. In that context, certain varieties should be allowed to be produced and made available on the market even if they do not comply with the requirements concerning distinctiveness, uniformity or stability, to ensure their conservation and sustainable use and thus contribute to the sustainability of agriculture and the adaptation to climate change. Therefore, those varieties should only be registered on the basis of an officially recognised description. In addition the EU may proactively foster the continued existence of old, rare varieties and local varieties by establishing a Europe-wide network of gene banks (‘EuropArch’), if necessary supported by European ex-situ documentation attached to the agency (‘BioEuropeana’).
Amendment 130 #
Proposal for a regulation Recital 40 (40) The Union variety register should also include all varieties that are registered in the national variety registers. In this way, it will be ensured that the Union variety register offers a transparent overview of all varieties registered in the Union. In addition the EU may proactively foster the continued existence of old, rare varieties and local varieties by establishing a Europe-wide network of gene banks (‘EuropArch’), if necessary supported by European ex-situ documentation attached to the agency (‘BioEuropeana’).
Amendment 131 #
Proposal for a regulation Recital 43 (43) In order to facilitate the registration of varieties which serve at combating genetic erosion in the Union, Member States should
Amendment 1317 #
Proposal for a regulation Annex I – item 128 Pisum sativum L. except for vegetable use
Amendment 132 #
Proposal for a regulation Recital 43 (43) In order to facilitate the registration of varieties which serve at combating genetic erosion in the Union, Member States should
Amendment 1322 #
Proposal for a regulation Annex I – item 135 Amendment 1323 #
Proposal for a regulation Annex I – item 135 Amendment 1324 #
Proposal for a regulation Annex I – item 135 Amendment 133 #
Proposal for a regulation Recital 45 Amendment 1334 #
Proposal for a regulation Annex I – item 144 Amendment 1335 #
Proposal for a regulation Annex I – item 144 Amendment 1336 #
Proposal for a regulation Annex I – item 144 Amendment 134 #
Proposal for a regulation Recital 45 Amendment 135 #
Proposal for a regulation Recital 46 Amendment 136 #
Proposal for a regulation Recital 46 Amendment 1360 #
Proposal for a regulation Annex I – item 154 Raphanus sativus L. except for vegetable use
Amendment 1368 #
Proposal for a regulation Annex I – item 161 Amendment 1369 #
Proposal for a regulation Annex I – item 163 Amendment 137 #
Proposal for a regulation Recital 47 Amendment 1370 #
Proposal for a regulation Annex I – item 164 Amendment 1373 #
Proposal for a regulation Annex I – item 168 Amendment 138 #
Proposal for a regulation Recital 47 Amendment 1386 #
Proposal for a regulation Annex I – item 180 Amendment 1388 #
Proposal for a regulation Annex I – item 186 Amendment 139 #
Proposal for a regulation Recital 48 Amendment 1395 #
Proposal for a regulation Annex I a (new) Amendment 1396 #
Proposal for a regulation Annex I b (new) Amendment 1397 #
Proposal for a regulation Annex II – heading REQUIREMENTS FOR PRE-BASIC, BASIC
Amendment 1398 #
Proposal for a regulation Annex II – Part A – point 1 – point b – introductory part (b) where appropriate, the material shall be planted and /or sowed in a way that there is:
Amendment 1399 #
Proposal for a regulation Annex II – Part A – point 1 – point c (c) where appropriate, appropriate attention shall be paid to the machines and any equipment used to ensure absence of weed or other species which are difficult to distinguish at seed level in laboratory tests;
Amendment 140 #
Proposal for a regulation Recital 48 Amendment 1400 #
Proposal for a regulation Annex II – Part A – point 2 – point b Amendment 1401 #
Proposal for a regulation Annex II – Part A – point 2 – point f Amendment 1402 #
Proposal for a regulation Annex II – Part B – paragraph 1 – point h Amendment 1403 #
Proposal for a regulation Annex II – Part C – section B – point 1 – point a (a) where appropriate, the sample to be drawn from a lot shall have the appropriate minimum weight for determining content of certain weeds, to ensure representative sampling and suitable size for the analysis of the material to assess whether the quality requirements have been fulfilled.
Amendment 1404 #
Proposal for a regulation Annex II – Part D – point b Amendment 1405 #
Proposal for a regulation Annex II – Part D – point c Amendment 1406 #
Proposal for a regulation Annex II – Part D – point d Amendment 1407 #
Proposal for a regulation Annex II – Part D a (new) Da. Points 2(a), 2(d), 2(g) of PART A, (b), (c), (e), (h) of PART B and (b) of PART D shall not apply to heterogeneous material, and registration under officially recognised description made available on the market as standard material.
Amendment 1408 #
Proposal for a regulation Annex III – Part A – Title Content of official label and operator
Amendment 1409 #
Proposal for a regulation Annex III – Part A – introductory part The official label and the operator
Amendment 141 #
Proposal for a regulation Recital 49 Amendment 1410 #
Proposal for a regulation Annex III – Part A – point c (c) where applicable, the two-letter code indicated in norm ISO 3166-1 alpha 222 for the Member State and, where appropriate, the name or acronym of the respective competent authority(ies) with which the professional operator is registered, with the exception of niche market material; __________________ 22 ISO 3166-1:2006, Codes for the representation of names of countries and their subdivisions – Part 1: Country codes. International Organization for Standardization, Geneva.
Amendment 1411 #
Proposal for a regulation Annex III – Part A – point e (e) where relevant, the lot number of the plant reproductive material concerned, and, where relevant, a reference to a unique traceability data carrier, such as bar code, hologram or chip;
Amendment 1412 #
Proposal for a regulation Annex III – Part A – point e (e) where relevant, the lot number of the plant reproductive material concerned, and, where relevant, a reference to a unique traceability data carrier, such as bar code, hologram or chip;
Amendment 1413 #
Proposal for a regulation Annex III – Part A – point h (h) references to the country of production or countries in case of mixture, with the two letter code referred to in point (c) with the exception of niche market material;
Amendment 1414 #
Proposal for a regulation Annex III – Part A – point h (h) references to the country of production or countries in case of mixture, with the two letter code referred to in point (c), with the exception of niche market material;
Amendment 1415 #
Proposal for a regulation Annex III – Part A – point h (h) references to the country of production or countries in case of mixture, with the two letter code referred to in point (c), with the exception of niche market material;
Amendment 1416 #
Proposal for a regulation Annex III – Part A – point i (i) where applicable, references to declared number of seeds, rootstocks or other units of reproductive material, or, where applicable, the net or gross weight;
Amendment 1417 #
Proposal for a regulation Annex III – Part A – point j (j) where applicable, indications concerning category of plant reproductive material and, where appropriate, sub- divisions of categories;
Amendment 1418 #
Proposal for a regulation Annex III – Part A – point k (k) where relevant, references to month and year of labelling or references to month and year of last sampling;
Amendment 1419 #
Proposal for a regulation Annex III – Part A – point k (k) where relevant, references to month and year of labelling or references to month and year of last sampling;
Amendment 142 #
Proposal for a regulation Recital 49 Amendment 1420 #
Proposal for a regulation Annex III – Part A – point l Amendment 1421 #
Proposal for a regulation Annex III – Part A – point l Amendment 1422 #
Proposal for a regulation Annex III – Part A – point n a (new) (na) details of the origin of the basic type
Amendment 1423 #
Proposal for a regulation Annex III – Part A – point n b (new) Amendment 1424 #
Proposal for a regulation Annex III – Part A – point n c (new) (nc) use (‘MB’) or non-use (‘NMB’) of microbiological methods for breeding, selection or multiplication.
Amendment 1425 #
Proposal for a regulation Annex III – Part A – point n d (new) (nd) the indication of all non-traditional breeding methods used for that plant reproductive material.
Amendment 1426 #
Proposal for a regulation Annex III – Part A – point n e (new) (ne) the indication of all non-traditional breeding methods used for the plant reproductive material.
Amendment 1427 #
Proposal for a regulation Annex III – Part A – point n f (new) (nf) details of the breeding method
Amendment 1428 #
Proposal for a regulation Annex III – Part B – point e (e) where relevant, the reference number of the lot given by the operator;
Amendment 1429 #
Proposal for a regulation Annex III – Part B – point f (f) where applicable, declared number of seeds, rootstocks or other units of reproductive material, or, where applicable, the net or gross weight;
Amendment 143 #
Proposal for a regulation Recital 50 Amendment 1430 #
Proposal for a regulation Annex III – Part B – point g Amendment 1431 #
Proposal for a regulation Annex III – Part B – point h Amendment 1432 #
Proposal for a regulation Annex III – Part B – point j (j) the place of production, if different from the place indicated by (d);
Amendment 1433 #
Proposal for a regulation Annex III – Part B – point l Amendment 1434 #
Proposal for a regulation Annex IV – Part A – point b Amendment 1435 #
Proposal for a regulation Annex IV – Part A – point b Amendment 1436 #
Proposal for a regulation Annex IV – Part A – point c Amendment 1437 #
Proposal for a regulation Annex IV – Part A – point c Amendment 1438 #
Proposal for a regulation Annex IV – Part A – point c a (new) (ca) they are of vital importance for food processing, feed processing or industrial Processing. The number of species selected according to the above criteria must not exceed 10;
Amendment 1439 #
Proposal for a regulation Annex IV – Part B – point a Amendment 144 #
Proposal for a regulation Recital 50 Amendment 1440 #
Proposal for a regulation Annex IV – Part B – point b Amendment 1441 #
Proposal for a regulation Annex IV – Part B – point c (c) they are susceptible to the presence of undesirable substances which represent a major threat to human or animal health according to intended and traditional uses;
Amendment 1442 #
Proposal for a regulation Annex IV – Part B – point d Amendment 145 #
Proposal for a regulation Recital 53 Amendment 146 #
Proposal for a regulation Recital 55 Amendment 147 #
Proposal for a regulation Recital 55 (55) In order to ensure that plant reproductive material of listed genera or species
Amendment 148 #
Proposal for a regulation Recital 67 Amendment 149 #
Proposal for a regulation Recital 74 Amendment 150 #
Proposal for a regulation Recital 75 Amendment 151 #
Proposal for a regulation Recital 76 Amendment 152 #
Proposal for a regulation Recital 76 Amendment 153 #
Proposal for a regulation Recital 77 Amendment 154 #
Proposal for a regulation Recital 79 Amendment 155 #
Proposal for a regulation Recital 79 – point a (a) authorisation of Member States to adopt more stringent requirements than those adopted pursuant to this Regulation concerning plant reproductive material of listed genera or species
Amendment 156 #
Proposal for a regulation Recital 79 – point a (a) authorisation of Member States to adopt more stringent requirements than those adopted pursuant to this Regulation concerning plant reproductive material of listed genera or species
Amendment 157 #
Proposal for a regulation Recital 79 – point i Amendment 158 #
Proposal for a regulation Recital 79 – point i Amendment 159 #
Proposal for a regulation Recital 79 – point j Amendment 160 #
Proposal for a regulation Recital 79 – point j Amendment 161 #
Proposal for a regulation Recital 79 – point k Amendment 162 #
Proposal for a regulation Recital 79 – point k Amendment 163 #
Proposal for a regulation Article 1 – paragraph 1 – point a Amendment 164 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) the production, with a view to making available on the market, of plant reproductive material aiming at commercial exploitation; and
Amendment 165 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) the production of plant reproductive material, with a view to making it available on the market
Amendment 166 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) the production, with a view to making it available on the market, of plant reproductive material; and
Amendment 167 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) the making available on the market of plant reproductive material aiming at commercial exploitation.
Amendment 168 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a)
Amendment 169 #
Proposal for a regulation Article 2 – paragraph 1 – point a a (new) (aa) which is forest reproductive material;
Amendment 170 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) intended solely for, and maintained by, not-for-profit gene banks, organisations and networks of conservation of genetic resources
Amendment 171 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) intended
Amendment 172 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) intended solely for, and maintained by, not-for-profit gene banks, organisations and networks of conservation of genetic resources
Amendment 173 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) intended solely for,
Amendment 174 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) intended solely for
Amendment 175 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) intended solely for, and maintained by, officially recognised gene banks, organisations and networks of conservation of genetic resources
Amendment 176 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) intended solely for, and maintained by, natural persons, gene banks, organisations and networks
Amendment 177 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) intended solely for, and maintained by, gene banks, officially recognised organisations and networks of conservation of genetic resources, or natural or legal persons belonging to those organisations or networks;
Amendment 178 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) intended
Amendment 179 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) intended solely for, and maintained and disseminated by, gene banks, organisations and networks of conservation of genetic resources, or persons belonging to those organisations or networks, including in situ/on farm conservation;
Amendment 180 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) maint
Amendment 181 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) exchanged
Amendment 182 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) exchanged in kind in small quantities between persons other than professional operators.
Amendment 183 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) exchanged in kind in small quantities between persons
Amendment 184 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) exchanged
Amendment 185 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) exchanged in kind between persons other than professional operators acquiring for their own use plants or plant products.
Amendment 186 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) exchanged in kind in small quantities between persons other than professional operators.
Amendment 187 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) exchanged
Amendment 188 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) exchanged in kind between persons other than professional operators, in accordance with provisions on the legal protection of varieties.
Amendment 189 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) exchanged in kind between persons other than professional operators or where the activities in question are of an amateur nature and on a very small scale and are aimed at end users who are not professional operators.
Amendment 190 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) exchanged in kind between persons
Amendment 191 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) exchanged in kind or marketed in trivial quantities between persons other than professional operators.
Amendment 192 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) exchanged in kind between
Amendment 193 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) exchanged in kind between persons other than professional operators
Amendment 194 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) exchanged
Amendment 195 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) exchanged in kind, or marketed in small non-commercial quantities, between persons
Amendment 196 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) exchanged
Amendment 197 #
Proposal for a regulation Article 2 – paragraph 1 – point d a (new) (da) intended for forestry purposes.
Amendment 198 #
Proposal for a regulation Article 2 – paragraph 1 – point d b (new) (db) produced by a farmer on his own farm on his own behalf and for his own account.
Amendment 199 #
Proposal for a regulation Article 2 – paragraph 1 – point d c (new) (dc) intended for (re-)export
Amendment 200 #
Proposal for a regulation Article 2 – paragraph 1 – point d d (new) (dd) produced by a farmer on their own farm, under their own name and at their own expense.
Amendment 201 #
Proposal for a regulation Article 2 – paragraph 1 – point d e (new) (de) placed on the market in a limited total quantity for end use by home gardeners only
Amendment 202 #
Proposal for a regulation Article 2 – paragraph 1 – point d f (new) (df) that is intended for forestry purposes
Amendment 203 #
Proposal for a regulation Article 2 – paragraph 1 – point d g (new) (dg) produced by farmers on their own farm, on their own behalf and on their own account.
Amendment 204 #
Proposal for a regulation Article 2 – paragraph 1 – point d h (new) (dh) open-pollinated plants and seeds;
Amendment 205 #
Proposal for a regulation Article 2 – paragraph 1 – point d a (new) (da) intended for forestation and reforestation.
Amendment 206 #
Proposal for a regulation Article 2 – paragraph 1 – point d j (new) (dj) produced and used exclusively for personal usage.
Amendment 207 #
Proposal for a regulation Article 2 – paragraph 1 – point d k (new) (dk) which would be defined as "ornamental"
Amendment 208 #
Proposal for a regulation Article 2 – paragraph 1 – point d l (new) (dl) produced by a farmer on his own farm on his own behalf and for own account;
Amendment 209 #
Proposal for a regulation Article 3 – point 1 (1) ‘plant
Amendment 210 #
Proposal for a regulation Article 3 – point 1 (1) ‘plant
Amendment 211 #
Proposal for a regulation Article 3 – point 2 (2)
Amendment 212 #
Proposal for a regulation Article 3 – point 2 (2) ‘plant reproductive material’ means seed and other propagating material; 'seed' means seeds of plants intended for cultivation; 'other propagating material' means parts of plant(s) capable of, and intended for, producing entire plants;
Amendment 213 #
Proposal for a regulation Article 3 – point 2 (2) ‘plant reproductive materials’ means
Amendment 214 #
Proposal for a regulation Article 3 – point 2 (2) ‘plant reproductive materials’ means
Amendment 215 #
Proposal for a regulation Article 3 – point 2 a (new) (2a) ‘niche material’ means plant reproductive material producing varieties intended solely to be produced and made available on the local market and in limited quantities or intended for final users;
Amendment 216 #
Proposal for a regulation Article 3 – point 2 b (new) (2b) ‘heterogeneous material’ means plant reproductive material not belonging to a variety within the meaning of point 1 of Article 10 and not fulfilling the requirements relating to distinctiveness, uniformity and stability laid down in Articles 60, 61 and 62;
Amendment 217 #
Proposal for a regulation Article 3 – point 3 (
Amendment 218 #
Proposal for a regulation Article 3 – point 3 (
Amendment 219 #
Proposal for a regulation Article 3 – point 3 a (new) (3a) 'ornamental' means a plant which is grown primarily for a decorative purpose.
Amendment 220 #
Proposal for a regulation Article 3 – point 5 (5) ‘making available on the market’ means the holding for the purpose of sale within the Union, including offering for sale or for any other form of transfer, and the sale, distribution, import into
Amendment 221 #
Proposal for a regulation Article 3 – point 5 (5)
Amendment 222 #
Proposal for a regulation Article 3 – point 5 (5) ‘making available on the market’ means the holding for the purpose of sale within the Union, including offering for sale or for any other form of transfer, and the sale, distribution
Amendment 223 #
Proposal for a regulation Article 3 – point 5 (5)
Amendment 224 #
Proposal for a regulation Article 3 – point 5 (5)
Amendment 225 #
Proposal for a regulation Article 3 – point 5 (5) ‘making available on the market’ means the holding for the purpose of sale within the Union, including offering for sale or for any other form of transfer, and the sale, distribution, import into, and export out of, the Union and other forms of transfer by an operator for the purpose of commercial cultivation, whether free of charge or not;
Amendment 226 #
Proposal for a regulation Article 3 – point 5 (5) ‘making available on the market’ means the holding for the purpose of sale within the Union, including offering for sale or for any other form of transfer, and the sale, distribution, import into, and export out of, the Union and other forms of transfer, whether free of charge or not, with a view to commercial exploitation;
Amendment 227 #
Proposal for a regulation Article 3 – point 5 (5) ‘making available on the market’ means the holding for the purpose of sale
Amendment 228 #
Proposal for a regulation Article 3 – point 5 (5) ‘making available on the market’ means the holding for the purpose of sale within the Union, including offering for sale or for any other form of transfer, and the sale, distribution, import into, and export out of, the Union and other forms of transfer, by a professional operator aimed at commercial exploitation and whether free of charge or not;
Amendment 229 #
Proposal for a regulation Article 3 – point 5 (5)
Amendment 230 #
Proposal for a regulation Article 3 – point 5 (5) ‘making available on the market’ means the holding for the purpose of sale within the Union, including offering for sale or for any other form of transfer, and the sale, distribution, import into, and export out of, the Union and other forms of transfer, w
Amendment 231 #
Proposal for a regulation Article 3 – point 6 – introductory part (6)
Amendment 232 #
Proposal for a regulation Article 3 – point 6 – introductory part (6)
Amendment 233 #
Proposal for a regulation Article 3 – point 6 – introductory part (6) 'professional operator' means any natural or legal person carrying out, as a profession, at least one of the following activities with regard to plant reproductive material, with a view to commercial exploitation:
Amendment 234 #
Proposal for a regulation Article 3 – point 6 – introductory part (6)
Amendment 235 #
Proposal for a regulation Article 3 – point 6 – introductory part (6) ‘professional operator’ means any natural or legal person carrying out, as a profession, at least one of the following activities with regard to plant reproductive material with a view to making it available on the market:
Amendment 236 #
Proposal for a regulation Article 3 – point 6 – introductory part (6) ‘professional operator’ means any natural or legal person carrying out, as a profession, at least one of the following activities with regard to plant reproductive material in view to making available on the market:
Amendment 237 #
Proposal for a regulation Article 3 – point 6 – introductory part (6) ‘professional operator’ means any natural or legal person carrying out, as a profession, at least one of the following activities with regard to plant reproductive material with a view to making it available on the market:
Amendment 238 #
Proposal for a regulation Article 3 – point 6 – introductory part (6) ‘professional operator’ means any natural or legal person carrying out, as a profession, at least one of the following activities with regard to plant reproductive material aimed at commercial exploitation:
Amendment 241 #
Proposal for a regulation Article 3 – point 6 – point a (a) produc
Amendment 242 #
Proposal for a regulation Article 3 – point 6 – point a (a) producing in order to directly make available on the market;
Amendment 243 #
Proposal for a regulation Article 3 – point 6 – point a (a) producing, excluding assisting farmer- breeders;
Amendment 244 #
Proposal for a regulation Article 3 – point 6 – point a (a) producing, excluding assisting farmer- breeders;
Amendment 249 #
Proposal for a regulation Article 3 – point 6 – point d Amendment 250 #
Proposal for a regulation Article 3 – point 6 – point d (d) providing services excluding transport;
Amendment 251 #
Proposal for a regulation Article 3 – point 6 – point e Amendment 252 #
Proposal for a regulation Article 3 – point 6 – point e (e) preserving, including storing
Amendment 253 #
Proposal for a regulation Article 3 – point 6 – point e (e) preserving
Amendment 254 #
Proposal for a regulation Article 3 – point 6 – point f Amendment 255 #
Proposal for a regulation Article 3 – point 6 – point f Amendment 256 #
Proposal for a regulation Article 3 – point 6 – point f (f) making available on the market
Amendment 257 #
Proposal for a regulation Article 3 – point 6 – point f (f) its making available on the market.
Amendment 258 #
Proposal for a regulation Article 3 – point 6 – point f (f) making available on the market, with a view to marketing and not for the purpose of commercial exploitation.
Amendment 260 #
Proposal for a regulation Article 3 – point 6 – paragraph 1 a (new) Farmers who exchange seeds from their own farm, on their own account, are not professional operators.
Amendment 261 #
Proposal for a regulation Article 3 – point 6 – paragraph 1 a (new) Farmers exchanging seeds from their own farm on their own behalf and for their own account are not professional operators;
Amendment 262 #
Proposal for a regulation Article 3 – point 6 a (new) (6a) 'Home gardener' means an individual, charitable organisation or community group who undertake gardening as a leisure pursuit for purposes which may include charitable fund-raising;
Amendment 263 #
Proposal for a regulation Article 3 – point 9 Amendment 264 #
Proposal for a regulation Article 3 – point 9 Amendment 265 #
Proposal for a regulation Article 3 – point 10 a (new) (10a) 'Small quantities' means quantities no larger than those sufficient to sow or plant 0.25 ha of land at usual sowing or planting rates for the species concerned.
Amendment 266 #
Proposal for a regulation Article 3 – paragraph 1 – point 10 b (new) (10b) "Own holding" means any holding or part thereof which is managed within the same common business entity. The seed produced shall be suitable for use on land managed within the same common business entity, where the business entity shares in the financial risks and rewards of the crop.
Amendment 267 #
Proposal for a regulation Article 3 – paragraph 1 – point 10 c (new) (10c) ‘material or variety in the public domain’ means plant reproductive material which is not protected by any type of intellectual property right.
Amendment 268 #
Proposal for a regulation Article 3 – paragraph 1 – point 10 d (new) (10d) ‘final users’ means final users as defined in Article 2(8) of Regulation (EU) No .../... on protective measures against pests of plants;
Amendment 269 #
Proposal for a regulation Article 4 Plant reproductive material shall be subject to no restrictions concerning its production and making available on the market, other than those laid down in this Regulation, in Directive 94/62/EC, Regulation (EC) No 338/97, Directive 2001/18/EC, Regulation (EC) No 1829/2003, Regulation (EC) No 1830/2003, Regulation (EU) on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union and Regulation (EU) No …/… [Office of Publication, please insert number of Regulation on protective measures against pests of plants]
Amendment 270 #
Proposal for a regulation Article 4 Plant reproductive material shall be subject to no restrictions concerning its production and making available on the market, other than those laid down in this Regulation, in Directive 94/62/EC, Regulation (EC) No 338/97, Directive 2001/18/EC, Regulation
Amendment 271 #
Proposal for a regulation Article 4 Plant reproductive material shall be subject to no restrictions concerning its production and making available on the market, other than those laid down in this Regulation, in Directive 94/62/EC, Regulation (EC) No 2100/1994 and corresponding Member States' legislation, Regulation (EC) No 338/97, Directive 2001/18/EC, Regulation (EC) No 1829/2003, Regulation (EC) No 1830/2003, Regulation (EU) No …/… [Office of Publication, please insert number of Regulation on protective measures against pests of plants] and in Union legislation restricting the production or making available on the market of invasive alien species.
Amendment 272 #
Proposal for a regulation Article 5 Professional operators shall be registered in
Amendment 273 #
Proposal for a regulation Article 5 Professional operators, with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account directly with other farmers or with end users and operators whose annual turnover or annual balance sheet total does not exceed EUR 2 million, shall be registered in the registers referred to in Article 61 of Regulation (EC) No …/… (Office of Publication, please insert number of Regulation on protective measures against pests of plants) in accordance with the provisions of Article 62 of that Regulation.
Amendment 274 #
Proposal for a regulation Article 5 Professional operators, with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account directly with other farmers or with end users, shall be registered in the registers referred to in Article 61 of Regulation (EC) No …/… (Office of Publication, please insert number of Regulation on protective measures against pests of plants) in accordance with the provisions of Article 62 of that Regulation.
Amendment 275 #
Proposal for a regulation Article 5 Professional operators shall be registered in the registers referred to in Article 61 of Regulation (EC) No …/… (Office of Publication, please insert number of
Amendment 276 #
Proposal for a regulation Article 5 Professional operators with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account directly with other farmers or with end users shall be registered in the registers referred to in Article 61 of Regulation (EC) No
Amendment 277 #
Proposal for a regulation Article 5 Professional operators shall be registered in the registers referred to in Article 61 of Regulation (EC) No …/… (Office of Publication, please insert number of Regulation on protective measures against pests of plants) in accordance with the provisions of Article 62 of that Regulation, unless otherwise stated.
Amendment 278 #
Proposal for a regulation Article 5 – paragraph 1 a (new) If, on the date of entry into force of this Regulation, the professional operators are already registered by the competent authority in registers other than those referred to above, those registers shall remain valid;
Amendment 279 #
Proposal for a regulation Article 5 – paragraph 1 a (new) Professional operators marketing solely and directly to non-professional end users, such as home gardeners, shall be excluded from the requirement to register as professional operators under this Regulation.
Amendment 280 #
Proposal for a regulation Article 6 Professional operators shall
Amendment 281 #
Proposal for a regulation Article 6 Professional operators shall
Amendment 282 #
Proposal for a regulation Article 6 Professional operators shall ensure that plant reproductive material produced and made available on the market under their control fulfils the requirements of this Regulation and shall take responsibility for this.
Amendment 283 #
Proposal for a regulation Article 6 Professional operators shall ensure that plant reproductive material
Amendment 284 #
Proposal for a regulation Article 6 Professional operators shall ensure that plant reproductive material
Amendment 285 #
Proposal for a regulation Article 7 – title Specific responsibilities of professional operators
Amendment 286 #
Proposal for a regulation Article 7 – title Specific responsibilities of professional operators
Amendment 287 #
Proposal for a regulation Article 7 – introductory part Professional operators producing plant
Amendment 288 #
Proposal for a regulation Article 7 – introductory part Professional operators producing plant reproductive material, with the exception of farmers producing plant reproductive material from their own farm on their own behalf and on their own account, shall:
Amendment 289 #
Proposal for a regulation Article 7 – introductory part Professional operators
Amendment 290 #
Proposal for a regulation Article 7 – introductory part Professional operators
Amendment 291 #
Proposal for a regulation Article 7 – point h Amendment 292 #
Proposal for a regulation Article 7 – point h (h) make available to the competent authorities, on request, any contracts with third parties concerning the production of plant reproductive material.
Amendment 293 #
Proposal for a regulation Article 7 – point h (h) make available to the competent authorities, on request, any contracts with third parties for the sale of reproductive material.
Amendment 294 #
Proposal for a regulation Article 7 – point h a (new) (ha) where the variety is protected by a Plant Variety Right (PVR), a professional operator must have the consent of the holder to produce seed of the variety.
Amendment 295 #
Proposal for a regulation Article 8 – paragraph 1 1. Professional operators shall ensure that plant reproductive material is traceable at
Amendment 296 #
Proposal for a regulation Article 8 – paragraph 1 1. Professional operators shall ensure that plant reproductive material is traceable at
Amendment 297 #
Proposal for a regulation Article 8 – paragraph 1 1. Professional operators, with the exception of farmers who exchange seeds from their own farm on their behalf and on their own account, shall ensure that plant reproductive material is traceable at all stages of production and making available on the market.
Amendment 298 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 For the purpose of paragraph 1, professional operators, with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account, shall keep information allowing them to identify the professional operators, which have supplied them with plant reproductive material, and the material concerned.
Amendment 299 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 For the purpose of paragraph 1, professional operators, with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account and operators whose annual turnover or annual balance sheet total does not exceed EUR 2 million, shall keep information allowing them to identify the professional operators, which have supplied them with plant reproductive material, and the material concerned.
Amendment 300 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 For the purpose of paragraph 1, professional operators, with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account, and operators whose annual turnover or annual balance sheet total does not exceed EUR 2 million, shall keep information allowing them to identify the persons to whom they have supplied plant reproductive material and the material concerned, unless that material has been supplied in retail.
Amendment 301 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 For the purpose of paragraph 1, professional operators with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account, shall keep information allowing them to identify the persons to whom they have supplied plant reproductive material and the material concerned, unless that material has been supplied in retail.
Amendment 302 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 For the purpose of paragraph 1, professional operators shall keep information allowing them to identify the persons to whom they have supplied plant reproductive material and the material concerned, unless that material has been supplied
Amendment 303 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 For the purpose of paragraph 1, professional operators shall keep information allowing them to identify the persons to whom they have supplied plant reproductive material and the material concerned, unless that material has been supplied in retail to non-professional end users.
Amendment 304 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 For the purpose of paragraph 1, with the exception of farmers producing plant reproductive material from their own farm on their own behalf and on their own account, professional operators shall keep information allowing them to identify the persons to whom they have supplied plant
Amendment 305 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 For the purpose of paragraph 1, professional operators shall keep information allowing them to identify the persons to whom they have supplied plant reproductive material and the material concerned, unless that material has been supplied
Amendment 306 #
Proposal for a regulation Article 8 – paragraph 4 Amendment 307 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 1 In the case of plant reproductive material,
Amendment 308 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 1 In the case of plant reproductive material,
Amendment 309 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 1 In the case of plant reproductive material, other than forest reproductive material, professional operators with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account, and operators whose annual turnover or annual balance sheet total does not exceed EUR 2 million, shall keep records of the plant reproductive material referred to in paragraphs 2 and 3 for three years after that material has been respectively supplied to or by them.
Amendment 310 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 1 In the case of plant reproductive material, other than forest reproductive material, professional operators with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account, shall keep records of the plant reproductive material referred to in paragraphs 2 and 3 for three years after that material has been respectively supplied
Amendment 311 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 1 In the case of plant reproductive material, other than forest, orchard and vineyard reproductive material, professional operators shall keep records of the plant reproductive material referred to in paragraphs 2 and 3 for three years after that material has been respectively supplied to or by them.
Amendment 312 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 2 Amendment 313 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 2 Amendment 314 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 2 In the case of forest, orchard and vineyard reproductive material, the respective period shall be ten years.
Amendment 315 #
Proposal for a regulation Article 8 – paragraph 4 a (new) (4a) This provision shall not apply to plant propagating material not listed in accordance with Title IV, or to heterogeneous material as specified in Article 14(3).
Amendment 316 #
Proposal for a regulation Article 8 a (new) Amendment 317 #
Proposal for a regulation Article 8 a (new) Amendment 318 #
Proposal for a regulation Part III PLANT REPRODUCTIVE MATERIAL
Amendment 319 #
Proposal for a regulation Article 9 This Part shall apply to the production, with a view to making available on the market, and to the making available on the market of plant reproductive
Amendment 320 #
Proposal for a regulation Article 9 This Part shall apply to the production, with a view to making available on the market, and to the making available on the market of plant reproductive
Amendment 321 #
Proposal for a regulation Article 9 This Part shall apply to the
Amendment 322 #
Proposal for a regulation Article 10 – point 1 – introductory part (1) ‘DUS variety’ means a plant grouping within a single botanical taxon of the lowest known rank, which fulfils all of the following requirements:
Amendment 323 #
Proposal for a regulation Article 10 – point 1 a (new) (1a) "Heterogeneous variety" means a plant grouping within a single botanical taxon, which fulfils all of the following requirements: (a) it is defined by the expression of the characteristics that results from a variable combination of different genotypes; (b) it is distinguished from any other plant grouping by the expression of at least one of the characteristics referred to in point (a); (c) it is considered as a unit with regard to its suitability for being reproduced unchanged within a determined mode of production, region and environment; (d) is not a mixture of varieties protected by a PBR, and does not contain any patented plant;
Amendment 324 #
Proposal for a regulation Article 10 – point 2 (2)
Amendment 325 #
Proposal for a regulation Article 10 – point 3 (3) 'officially recognised description' means a description of a variety, which has been recognised by a competent authority, includes the specific characteristics of the variety, makes it identifiable and has been obtained by means other than examination of the variety's distinctiveness, uniformity and stability
Amendment 326 #
Proposal for a regulation Article 10 – point 3 (3) ‘officially recognised description’ means a description of a variety, which has been recognised by a competent authority, includes the specific characteristics of the variety, makes it identifiable and has been obtained by means other than examination of the variety's distinctiveness, uniformity and stability
Amendment 327 #
Proposal for a regulation Article 10 – point 4 Amendment 328 #
Proposal for a regulation Article 10 – point 4 (4) ‘clone’ means an individual progeny, originally derived from another plant by artificial vegetative reproduction such as laboratory tissue culture, which remains genetically identical to the latter;
Amendment 329 #
Proposal for a regulation Article 10 – point 4 a (new) (4a) ‘heterogeneous material’ means material resulting from the crossing of two or more varieties, strains or other identified material and having common characteristics;
Amendment 330 #
Proposal for a regulation Article 10 – point 5 (5) 'variety maintenance' means the actions to ensure that a variety remains consistent with its
Amendment 331 #
Proposal for a regulation Article 10 – point 5 (5) ‘variety maintenance’ means the actions to ensure that a variety remains
Amendment 332 #
Proposal for a regulation Article 10 – point 6 (6) 'pre-basic material' means plant reproductive material which is at the first step of production under official supervision and is intended for the production
Amendment 333 #
Proposal for a regulation Article 10 – point 6 (6) ‘pre-basic material’ means plant reproductive material which is at the first step of production under official control and is intended for the production of further pre-basic material and other categories of plant reproductive material;
Amendment 334 #
Proposal for a regulation Article 10 – point 6 (6) ‘pre-basic material’ means plant reproductive material which is at the first step of production and is intended for the production of other categories of plant reproductive material, and meets the requirements for this category;
Amendment 335 #
Proposal for a regulation Article 10 – point 7 (7) 'basic material' means plant reproductive material which has been produced from pre-basic or basic material, and is
Amendment 336 #
Proposal for a regulation Article 10 – point 7 (7) ‘basic material’ means plant reproductive material which has been produced from pre-basic or basic material, and is intended for the production of further basic material or certified material;
Amendment 337 #
Proposal for a regulation Article 10 – point 7 (7) ‘basic material’ means plant reproductive material which has been produced from pre-basic material, and is intended for the production of certified material, and meets the requirements for this category;
Amendment 338 #
Proposal for a regulation Article 10 – point 8 (8) 'certified material" means plant reproductive material which has been produced from pre-basic
Amendment 339 #
Proposal for a regulation Article 10 – point 8 (8) ‘certified material’ means plant reproductive material which has been produced from pre-basic
Amendment 340 #
Proposal for a regulation Article 10 – point 8 (8) ‘certified material’ means plant reproductive material which has been produced from
Amendment 341 #
Proposal for a regulation Article 10 – point 9 (9) ‘standard material’ means plant reproductive material
Amendment 342 #
Proposal for a regulation Article 10 – point 9 (9) ‘standard material’ means plant reproductive material
Amendment 343 #
Proposal for a regulation Article 10 – point 9 (9) 'standard material' means plant reproductive material other than pre-basic, basic or certified material
Amendment 344 #
Proposal for a regulation Article 10 – point 9 a (new) (9a) ‘commercial material’ means plant reproductive material which is identifiable solely as belonging to a species and meets the requirements of this Regulation;
Amendment 345 #
Proposal for a regulation Article 10 – point 9 a (new) (9a) ‘commercial material’ means plant reproductive material which is identifiable solely as belonging to a species and meets the requirements of this Regulation;
Amendment 346 #
Proposal for a regulation Article 10 – point 10 (10) ‘category’ means
Amendment 347 #
Proposal for a regulation Article 10 – point 10 (10) ‘category’ means
Amendment 348 #
Proposal for a regulation Article 10 – point 10 a (new) (10a) 'Landrace' means the varieties which are created by farmers, are adapted to the environmental conditions of their region and are characterised by high genetic diversity.
Amendment 349 #
Proposal for a regulation Article 10 – point 10 a (new) (10a) 'heterogeneous material' means plant reproductive material that has been newly bred and that does not belong to a variety as defined in point (1) of this Article, and is not a mixture of varieties;
Amendment 350 #
Proposal for a regulation Article 10 – point 10 a (new) (10a) ‘material or variety in the public domain’ means plant reproductive material which is not protected by any type of intellectual property right.
Amendment 351 #
Proposal for a regulation Article 10 – point 10 a (new) (10a) 'heterogeneous material' means plant reproductive material that does not belong to a variety as defined in Point (1) of this Article, and is not a mixture of varieties protected by any intellectual property right.
Amendment 352 #
Proposal for a regulation Part III – Title II Amendment 353 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. This Title shall apply to the
Amendment 354 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. This Title shall apply to the production and making available on the market of plant reproductive material belonging to genera and species which comply with one or more of the following criteria in one or more Member States, with the exception of material intended exclusively for ornamental use:
Amendment 355 #
Proposal for a regulation Article 11 – paragraph 1 – point a (a) they represent a significant area of production, larger than 0.1% of the total agricultural area of the European Union;
Amendment 356 #
Proposal for a regulation Article 11 – paragraph 1 – point a (a) they represent a significant area of production, larger than 0,1% of the total agricultural area of the European Union;
Amendment 357 #
Proposal for a regulation Article 11 – paragraph 1 – point a (a) they represent a significant area of production, more than 0.1% of the European Union's total agricultural area;
Amendment 358 #
Proposal for a regulation Article 11 – paragraph 1 – point b (b) they represent a significant value of production, larger than 0.1% of the total value of agricultural production of the European Union;
Amendment 359 #
Proposal for a regulation Article 11 – paragraph 1 – point b (b) they represent a significant value of production, larger than 0,1% of the total value of agricultural production of the European Union;
Amendment 360 #
Proposal for a regulation Article 11 – paragraph 1 – point b (b) they represent a significant value of production, more than 0.1% of the total value of the European Union's agricultural production;
Amendment 361 #
Proposal for a regulation Article 11 – paragraph 1 – point c Amendment 362 #
Proposal for a regulation Article 11 – paragraph 1 – point c (c) they are produced or made available on the market by
Amendment 363 #
Proposal for a regulation Article 11 – paragraph 1 – point c (c) they are
Amendment 364 #
Proposal for a regulation Article 11 – paragraph 1 – point c (c) they are
Amendment 365 #
Proposal for a regulation Article 11 – paragraph 1 – point d Amendment 366 #
Proposal for a regulation Article 11 – paragraph 1 – point d Amendment 367 #
Proposal for a regulation Article 11 – paragraph 1 – point d Amendment 368 #
Proposal for a regulation Article 11 – paragraph 1 – point d Amendment 369 #
Proposal for a regulation Article 11 – paragraph 4 a (new) 4a. This Title shall not apply if the genera and species listed in Annex I are produced and made available on the market for ornamental use.
Amendment 370 #
Proposal for a regulation Article 11 – paragraph 3 3. The Commission
Amendment 371 #
Proposal for a regulation Article 11 – paragraph 4 4. This Title shall also apply to rootstocks and other parts of plants (hereinafter jointly referred to as ‘rootstocks’), which belong to genera and species not listed in Annex I, if material of one of the genera or species listed in Annex I, or their hybrids, is grafted on them. Should the material not belong to variety in the case of rootstocks, the species or interspecific hybrid concerned shall be referenced.
Amendment 372 #
Proposal for a regulation Article 11 – paragraph 4 a (new) Amendment 373 #
Proposal for a regulation Article 11 – paragraph 4 a (new) 4a. This Title shall not apply to propagating material of genera and species listed in Annex I, when the material: - is intended for ornamental use, or - is marketed for home gardeners. That material will be covered by Title III provisions.
Amendment 374 #
Proposal for a regulation Article 11 – paragraph 4 a (new) 4a. Species used exclusively as ornamentals are excluded.
Amendment 375 #
Proposal for a regulation Article 11 – paragraph 4 a (new) 4a. This Title shall not apply to: - Species exclusively for ornamental use; - Plant reproductive material of Annex I species intended for ornamental uses or for use solely by non-professional users, unless a higher level of control is needed for plant health purposes. - Plant reproductive material of Annex I species intended for ornamental use or marketed in small quantities to non- professional users, such as home gardeners.
Amendment 376 #
Proposal for a regulation Article 11 a (new) Article 11a Varieties which are solely exploited for ornamental use shall be excluded from the list of species covered by Annex I to the Regulation.
Amendment 377 #
Proposal for a regulation Article 12 – paragraph 1 – introductory part 1.
Amendment 378 #
Proposal for a regulation Article 12 – paragraph 1 – introductory part 1. Plant reproductive material may
Amendment 379 #
Proposal for a regulation Article 12 – paragraph 1 – point d Amendment 380 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 381 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 382 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 383 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 384 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 385 #
Proposal for a regulation Article 12 – paragraph 2 – point a (a) to the purpose of ensuring food and feed security;
Amendment 386 #
Proposal for a regulation Article 12 – paragraph 2 – point a (a) to the purpose of ensuring
Amendment 387 #
Proposal for a regulation Article 12 – paragraph 2 – point a (a) to the purpose of ensuring
Amendment 388 #
Proposal for a regulation Article 12 – paragraph 2 – point a (a) to the purpose of ensuring food and feed security;
Amendment 389 #
Proposal for a regulation Article 12 – paragraph 2 – point b Amendment 390 #
Proposal for a regulation Article 12 – paragraph 2 a (new) 2a. The genera and species referred to in paragraph 2 are listed in Annex Ia.
Amendment 391 #
Proposal for a regulation Article 12 – paragraph 3 Amendment 392 #
Proposal for a regulation Article 12 – paragraph 3 Amendment 393 #
Proposal for a regulation Article 12 – paragraph 3 Amendment 394 #
Proposal for a regulation Article 12 – paragraph 3 Amendment 395 #
Proposal for a regulation Article 12 – paragraph 3 Amendment 396 #
Proposal for a regulation Article 12 – paragraph 3 3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140
Amendment 397 #
Proposal for a regulation Article 12 – paragraph 3 3. The
Amendment 398 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 399 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 400 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 401 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 402 #
Proposal for a regulation Article 12 – paragraph 4 – point a (a) it belongs to a variety provided with an official or an officially recognised description;
Amendment 403 #
Proposal for a regulation Article 12 – paragraph 4 – point b (b) it is heterogeneous material in the meaning of Article 1
Amendment 404 #
Proposal for a regulation Article 12 – paragraph 4 – point b (b) it is heterogeneous material in the meaning of point 2b of Article
Amendment 405 #
Proposal for a regulation Article 12 – paragraph 4 – point c Amendment 406 #
Proposal for a regulation Article 12 – paragraph 4 – point c (c) it is niche market material in the meaning of point 2a of Article 3
Amendment 407 #
Proposal for a regulation Article 13 – title Amendment 408 #
Proposal for a regulation Article 13 – title Amendment 409 #
Proposal for a regulation Article 13 – title Amendment 410 #
Proposal for a regulation Article 13 – paragraph 1 – introductory part 1. Plant reproductive material
Amendment 411 #
Proposal for a regulation Article 13 – paragraph 1 – introductory part 1. Plant reproductive material
Amendment 412 #
Proposal for a regulation Article 13 – paragraph 1 – point a (a) the registration requirements set out in
Amendment 413 #
Proposal for a regulation Article 13 – paragraph 1 – point a (a) the registration requirements set out in Section 2, with the exception of standard material;
Amendment 414 #
Proposal for a regulation Article 13 – paragraph 1 – point a (a) the registration requirements set out in Section 2, with the exception of standard material;
Amendment 415 #
Proposal for a regulation Article 13 – paragraph 1 – point b (b) the
Amendment 416 #
Proposal for a regulation Article 13 – paragraph 1 – point b (b) the
Amendment 417 #
Proposal for a regulation Article 13 – paragraph 1 – point c (c) the handling requirements set out in Section
Amendment 418 #
Proposal for a regulation Article 13 – paragraph 1 – point d (d) the identification, and, where applicable, certification requirements set out in Section
Amendment 419 #
Proposal for a regulation Article 13 – paragraph 2 Amendment 420 #
Proposal for a regulation Article 13 – paragraph 2 2. Paragraph 1 (a) and (b) shall not apply to
Amendment 421 #
Proposal for a regulation Article 13 – paragraph 2 2. Paragraph 1(b) shall not apply to
Amendment 422 #
Proposal for a regulation Article 13 – paragraph 2 2. Paragraphs 1(a) and 1(b) shall not apply to
Amendment 423 #
Proposal for a regulation Article 13 – paragraph 2 2. Paragraph 1 (a) and 1(b) shall not apply to
Amendment 424 #
Proposal for a regulation Article 14 – paragraph 1 1. Plant reproductive material may be produced and made available on the market
Amendment 425 #
Proposal for a regulation Article 14 – paragraph 1 1. Plant reproductive material may be
Amendment 426 #
Proposal for a regulation Article 14 – paragraph 1 1. Plant reproductive material may
Amendment 427 #
Proposal for a regulation Article 14 – paragraph 1 1. Plant reproductive material may be produced and made available on the market only if it belongs to a variety registered in a national variety register referred to in Article 51 or in the Union variety register referred to in Article 52, with the exception of varieties intended for ornamental purposes.
Amendment 428 #
Proposal for a regulation Article 14 – paragraph 2 Amendment 429 #
Proposal for a regulation Article 14 – paragraph 2 2. By way of derogation to paragraph 1 of this Article, rootstocks may be produced and made available on the market with
Amendment 430 #
Proposal for a regulation Article 14 – paragraph 2 2. By way of derogation to paragraph 1 of this Article, rootstocks may be produced and made available on the market with
Amendment 431 #
Proposal for a regulation Article 14 – paragraph 2 a (new) 2a. By way of derogation from paragraph 1 of this Article, varieties intended exclusively for export or re-export outside the Union shall be exempt from the registration requirement referred to in paragraph 1.
Amendment 432 #
Proposal for a regulation Article 14 – paragraph 2 a (new) 2a. By way of derogation from paragraph 1 of this Article, varieties intended exclusively for export or re-export to third countries shall be exempt from the requirement to belong to a variety included in a national variety register as referred to in Article 51 or in the Union variety register referred to in Article 52.
Amendment 438 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 1 3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out that, by way of derogation to paragraph 1 of this Article, plant reproductive material may be produced and made available on the market without belonging to a variety in the meaning of point (1) of Article 10 (
Amendment 439 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 1 3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out that, by way of derogation to paragraph 1 of this Article, plant reproductive material may be produced and made available on the market without belonging to a fixed variety in the meaning of point (1) of Article 10 (‘hereafter ’heterogeneous material‘) and not fulfilling the requirements on distinctiveness, uniformity and stability as set out in articles 60, 61 and 62 and satisfactory value for cultivation and/or use or sustainable value for cultivation and/or use as set out in articles 58 and 59.
Amendment 440 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 1 3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out that, by way of derogation to paragraph 1 of this Article, plant reproductive material may be produced and made available on the market without belonging to a DUS variety in the meaning of point (1) of Article 10 (‘hereafter ’heterogeneous material or variety‘) and not fulfilling the requirements on distinctiveness, uniformity and stability as set out in articles 60, 61 and 62 and satisfactory value for cultivation and/or use or sustainable value for cultivation and/or use as set out in articles 58 and 59.
Amendment 441 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 – point a (a) rules on labelling
Amendment 442 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 – point a (a) rules on labelling
Amendment 443 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 – point b (b) rules concerning description of the material, including obtaining procedures, the breeding methods and parental material used, description of the production scheme for the plant reproductive material and availability of standard samples, characteristics shared by all of the plants stemming from the material, or the constant characteristics (in field and/or harvest) but which are not necessarily shared when the material is grown using a specific production method within a specific environment and region, and also depending on the place and year of the commercialized batch of production and the availability of standard samples;
Amendment 444 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 – point b (b) rules concerning description of the material, including the breeding methods and parental material used, description of the production scheme for the plant reproductive material including specification of the content of the individual components and availability of standard samples;
Amendment 445 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 – point b (b) rules concerning description of the material, including the breeding methods and parental material used, description of the production scheme for the plant reproductive material and availability of standard samples, as well as common characteristics of constant characteristics (at the time of growing or harvest) of the population;
Amendment 446 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 – point d Amendment 447 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 – point d (d) establishment by the local or national competent authorities of registers for heterogeneous material, modalities for registration and content of those registers;
Amendment 448 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 – point d (d) establishment by the competent local or national authorities of registers for heterogeneous material, modalities for registration and content of those registers;
Amendment 449 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 – point d (d) establishment by the competent national authorities of registers for heterogeneous material, modalities for registration and content of those registers;
Amendment 450 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 – point e Amendment 451 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 – point e Amendment 452 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 3 Those delegated acts shall be adopted by [Office of Publications, please insert date of application of this Regulation…]
Amendment 453 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 3 Those delegated acts shall be adopted by [Office of Publications, please insert date of application of this Regulation…]
Amendment 454 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 3 Those delegated acts shall be adopted by [Office of Publications, please insert date of application of this Regulation…]. They may be adopted per particular genera or species except heterogeneous and facultative heterogeneous species including forage species.
Amendment 455 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 3 Those delegated acts shall be adopted by [Office of Publications, please insert date of application of this Regulation…]. They may be adopted per particular genera or species, except for genera and species already marketed as populations and mainly in mixtures, as is the case for grass and clover. Material protected by plant variety right, patented, or genetically modified can not be marketed as heterogeneous plant material.
Amendment 456 #
Proposal for a regulation Article 14 – paragraph 3 a (new) 3a. Heterogeneous material shall be defined under one of the following categories: (a) "Population" means genetically diverse material of plant species bred through half diallel crossing of several (or at least xx) identified varieties, lines or other material. (b) "Compose cross populations" (CCPS') mean populations that are generated by intercrossing genetically diverse varieties , lines or other material, bulking the F1 or F2 progeny and then exposing the stock to natural selection in successive generations. Other dynamic populations may be generated by variations on the CCPs model which may include different crossing protocols, or the introduction plant or mass selection among the generations of natural selection. Populations may also be generated from a mixture of varieties mixed and additionally growing the mixture for at least one year.
Amendment 457 #
Proposal for a regulation Article 14 – paragraph 3 b (new) 3b. Heterogenous material, when made available on the market, shall be accompanied by a label, containing the information set out in Part B to Annex III. The label shall include the notion "Heterogenous material". The label referred to in subparagraph 1 shall be produced by the professional operator and shall be clear and indelible. It shall be affixed on the outside of the package, the container or the bundle of heterogenous material. It shall be printed in at least one of the official languages of the Union. The professional operator shall indicate on the label referred to in paragraph 1 the species or group of species in such a way as to avoid confusion with any varietal denomination. The colour and form of the label shall be substantially distinct from the colour and the form of the official labels referred to in Article 19 paragraph 1. This article shall apply without prejudice to Article 49 paragraph 4 of Regulation (EC) 1107/2009 concerning the label and documents accompanying treated seeds in the meaning of that Regulation.
Amendment 458 #
Proposal for a regulation Article 14 – paragraph 3 c (new) 3c. Heterogenous material may be made available on the market if a description of the plant reproductive material is available to the purchaser including: (a) the breeding methods and parantel material used; and when relevant (b) a description of the production scheme for the heterogeneous material; and (c) the availability of the standard samples. Registration of heterogeneous material: Heterogeneous material may be registered in a national catalogue pursuant the same rules concerning officially recognised description concerning: (a) registration procedure of articles 66 to 75 and 78 to 81; (b) registration period of articles 82 to 85; (c) registration fees of articles 88 and 89.
Amendment 459 #
Proposal for a regulation Article 14 a (new) Amendment 460 #
Proposal for a regulation Article 14 a (new) Amendment 461 #
Proposal for a regulation Article 14 b (new) Article 14b Derogations applicable to niche material 1. Article 13(1)(b) shall not apply to the requirements concerning the production of niche material. 2. Niche material shall be registered free of charge in the national variety register referred to in Article 51 and labelled with the indication ‘niche material’. 3. The persons who produce niche market varieties shall keep records of the quantities of the material produced and made available on the market, for each genus, species or type of material. On request, they shall make those records available to the competent authorities. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 140 in order to determine: (a) by way of derogation from Article 14(1), the conditions under which the niche material may be produced and made available on the market without belonging to a variety registered in a national variety register referred to in Article 51 or in the Union variety register referred to in Article 52; (b) the maximum size of packages, containers or bundles for the different genera or species concerned; (c) requirements concerning traceability, lots and labelling of the niche varieties concerned; (d) the modalities for making the material available on the market; (e) the rules concerning maintenance; (f) the rules concerning the local nature of the market.
Amendment 462 #
Proposal for a regulation Article 15 Amendment 463 #
Proposal for a regulation Article 15 Amendment 464 #
Proposal for a regulation Article 15 Amendment 465 #
Proposal for a regulation Article 15 Amendment 466 #
Proposal for a regulation Article 15 Amendment 467 #
Proposal for a regulation Article 15 Plant reproductive material belonging to a clone may be produced and made available on the market only if that clone is registered in a national variety register referred to in Article 51 or in the Union variety register referred to in Article 52, or, if it complies with Article 36 (niche market material) or Article 57 (variety with officially recognized description).
Amendment 468 #
Proposal for a regulation Article 15 Plant reproductive material belonging to a clone may be
Amendment 469 #
Proposal for a regulation Article 15 – paragraph 1 a (new) Notwithstanding paragraph 1, the plant propagation material belonging to a population of heterogeneous clones resulting from mass selection can be produced and sold on the market preceded by the words "massal selection" if that heterogeneous population is registered in a varietal register for heterogeneous material referred to in Article 14 – .paragraph 3. – point (d).
Amendment 470 #
Proposal for a regulation Article 15 – paragraph 1 a (new) By way of derogation from paragraph 1, plant reproductive material from a clone may be produced and made available on the market if preceded by the words "niche material" if the clone belongs to niche material as indicated in article 36.
Amendment 471 #
Proposal for a regulation Article 15 a (new) Article 15a Requirements for niche varieties 1. Plant reproductive material may be produced and made available on the market locally, at the level of a NUTS 2 region, and in limited quantities, as niche varieties registered in a national variety register referred to in Article 51, on the basis of an officially recognised description. A reference sample is made available to the Competent Authorities together with the proposed description. 2. The persons who produce niche varieties shall keep records of the quantities of the material produced and made available on the market, per genera, species or type of material. On request, they shall make those records available to the competent authorities. 3. The Commission shall establish delegated acts in accordance with Article 140, setting out, with regard to the production and making available on the market of niche varieties, the following: (a) the maximum size of packages, containers or bundles, per particular genera or species concerned; (b) requirements concerning traceability, lots and labelling of the niche varieties concerned; (c) modalities of making available on the market, in a manner ensuring that such modalities do not constitute a barrier to the marketing of niche varieties.
Amendment 472 #
Proposal for a regulation Article 15 a (new) Amendment 473 #
Proposal for a regulation Article 15 a (new) Article 15 a Requirements for Niche Market Varieties 1) Plant reproductive material may made available on the market as niche market varieties on the basis of an officially recognised description where: (a) the varieties or landraces concerned have no intrinsic value for commercial crop production, but have been developed for growing under particular conditions. A variety shall be considered as having been developed for growing under particular conditions if it has been developed for growing under particular agro-technical, climatic or pedological conditions, such as manual care or repeated harvesting. (b) it is labelled with the indication 'niche market material'. 2) The persons who produce niche market material shall keep records of the quantities of the material produced and made available on the market per genera, species or type of material. On request, they shall make those records available to the competent authorities. 3) Niche market varieties shall be sold in quantities no larger than those sufficient to sow or plant 0.25 ha of land at usual sowing or planting rates for the species concerned.
Amendment 474 #
Proposal for a regulation Article 15 a (new) Article 15 a Making heterogeneous material available on the market 1. Plant reproductive material may be produced and made available on the market as heterogeneous material, registered in a national variety register referred to in Article 51, on the basis of an officially recognised description. This includes inter alia a) Landraces, conservation varieties or selections thereof which do not comply with articles 60, 61 and 62 but provide a certain stability as regards their agronomic performance, b) multicomponent varieties derived from open pollination (polycross) of a defined set of parental lines which do not comply with articles 60, 61 and 62 but provide a certain stability as regards their agronomic performance, c) Open pollinated varieties and populations of completely or partially outcrossing species which do not comply with articles 60, 61 and 61 but provide a certain stability as regards their agronomic performance, d) Population crosses between open pollinated populations or open pollinated varieties with high level of heterogeneity, e) Composite cross populations derived from crosses of defined parental lines and evolved in a certain environment with a high level of heterogeneity and high plasticity needed for adaptation to changing environmental conditions. 2. Heterogeneous material is obtained through methods which respect natural crossing barriers. 3. The making available on the market of heterogeneous material shall comply with the provisions of Title III.
Amendment 475 #
Proposal for a regulation Article 73 – paragraph 2 – point b (b) compliance with the requirements of a
Amendment 475 #
Proposal for a regulation Article 15 b (new) Article 15 b Heterogeneous material 1. Plant reproductive material may be produced and made available on the market as heterogeneous material, registered in a national variety register referred to in Article 51, on the basis of a description for heterogeneous material, with due observance of the conditions referred to in paragraph 2 of this article. 2. The Commission shall adopt delegated acts, in accordance with Article 140, setting out the conditions under which heterogeneous material of particular generaor species may be made available on the market. 3. Those delegated acts shall set out the following: (a) the genera or species to which the provisions of this Article may apply; (b) requirements concerning traceability and the labelling and packaging of the heterogeneous material concerned; (c) modalities of making available on the market in a manner ensuring that such modalities do not constitute a barrier to the registration and marketing of the heterogeneous material concerned; (d) Requirements guaranteeing that no official examination was performed on the distinctness, uniformity and stability as set out in articles 60, 61 and 62 on the heterogeneous material concerned and that this material did not meet one or more of the requirements.
Amendment 476 #
Proposal for a regulation Article 73 – paragraph 2 – point c Amendment 476 #
Proposal for a regulation Article 16 – title Amendment 477 #
Proposal for a regulation Article 73 – paragraph 3 Amendment 477 #
Proposal for a regulation Article 16 – paragraph 1 1. The Commission may, by means of implementing acts, adopt a list of genera and species which, after having collected scientific evidence proving that a species requires special considerations concerning its making available on the market, contains such species. Plant reproductive material shall be produced in accordance with the production requirements set out in Part A of Annex II and shall be made available on the market only if it fulfils the quality requirements set out in Part B of Annex II.
Amendment 478 #
Proposal for a regulation Article 74 Amendment 478 #
Proposal for a regulation Article 16 – paragraph 1 1. Plant reproductive material
Amendment 479 #
Proposal for a regulation Article 74 Amendment 479 #
Proposal for a regulation Article 16 – paragraph 1 1.
Amendment 480 #
Proposal for a regulation Article 74 – paragraph 1 – subparagraph 1 – point d (d) the establishment of quality management systems, including record of activities and CPVO protocols or UPOV guidelines, to be used for the technical examination;
Amendment 480 #
Proposal for a regulation Article 16 – paragraph 1 1.
Amendment 481 #
Proposal for a regulation Article 75 – paragraph 1 1. Where, in the framework of the technical examination referred to in Article 71(1), an examination of the genealogical components is necessary, the results of that examination and the description of the genealogical components shall be treated as confidential, if the applicant so requests. The genealogical composition of the variety shall only be kept confidential until the variety is registered in the Union variety register or a national variety register.
Amendment 481 #
Proposal for a regulation Article 16 – paragraph 1 1. Plant reproductive material undergoing official certification shall be produced in accordance with the
Amendment 482 #
Proposal for a regulation Article 75 – paragraph 2 2. In the case of varieties of plant reproductive material intended exclusively for the production of agricultural raw materials for industrial purposes, and if so requested by the applicant, the results of the technical examination referred to in Article 71(1) and the intended uses of those varieties shall be treated as confidential. The result of the technical examination and the intended uses shall only be kept confidential until the variety is registered in the union variety register or a national variety register.
Amendment 482 #
Proposal for a regulation Article 16 – paragraph 3 – introductory part 3. Those delegated acts shall take into account the relevant international technical and scientific standard recommendations, including the following:
Amendment 483 #
Proposal for a regulation Article 76 – title Amendment 483 #
Proposal for a regulation Article 16 – paragraph 4 Amendment 484 #
Proposal for a regulation Article 76 – paragraph 1 Amendment 484 #
Proposal for a regulation Article 17 – paragraph 2 2. During processing, packaging, storage
Amendment 485 #
Proposal for a regulation Article 76 – paragraph 2 Amendment 485 #
Proposal for a regulation Article 17 – paragraph 3 3. During processing, packaging, storage
Amendment 486 #
Proposal for a regulation Article 76 – paragraph 3 Amendment 486 #
Proposal for a regulation Article 17 – paragraph 3 3. During processing, packaging, storage, transport or at delivery, lots of plant reproductive material may be split into two or more lots. In that case the professional operator shall keep records concerning the origin of the new lots, except when there is no more than one intermediary between the producer and the user and all professional operators concerned supply the same local or regional markets.
Amendment 487 #
Proposal for a regulation Article 77 – paragraph 1 a (new) 1a. Applicants shall be given the opportunity to visit sites where the technical examination is carried out, to be given the results of the examination, provide additional information, and discuss the results with the competent authority.
Amendment 487 #
Proposal for a regulation Article 17 – paragraph 3 3. During processing, packaging, storage, transport or at delivery, lots of plant reproductive material may be split into two or more lots. In that case the professional operator shall keep records concerning the origin of the new lots except when there is no more than one intermediary between the producer and the user and all professional operators concerned supply the same local or regional markets.
Amendment 488 #
Proposal for a regulation Article 77 – paragraph 2 a (new) 2a. The competent authority shall collect any complaint that a denomination has been misused. Once a complaint has been received, the competent authority shall assess if the denomination has been misused and the reasons that have oriented the choice of the applicant to misuse the denomination. (a) where the assessment reveals that the applicant involuntarily misused an existing denomination, the competent authority shall make this denomination unique and distinguishable from the misused one by changing or amending it. The applicant may suggest proposals for the changed or amended denomination; (b) where the assessment reveals that the applicant could not have been unaware that he misused an existing denomination, the competent authority shall adopt a decision deleting registration according to Article 85 (1) (a) or (g).
Amendment 488 #
Proposal for a regulation Article 17 – paragraph 4 Amendment 489 #
Proposal for a regulation Article 78 – paragraph 2 – subparagraph 1 a (new) Amendment 489 #
Proposal for a regulation Article 17 – paragraph 4 a (new) 4a. The maximum size of lots shall ensure homogeneity of the plant reproductive material concerned; shall ensure the performance of the controls and shall not be higher than the quantity transportable in a single road vehicle. The identification of lots shall ensure the traceability of the plant reproductive material concerned.
Amendment 490 #
Proposal for a regulation Article 82 – paragraph 1 1. The validity period of the registration of a variety in a national variety register shall be
Amendment 490 #
Proposal for a regulation Article 18 – paragraph 2 2. Packages and containers shall be closed in such a way that they cannot be opened without damaging the closure and, in the case of packaging, without the packaging showing signs of tampering.
Amendment 491 #
Proposal for a regulation Article 83 – paragraph 1 1. The registration of a variety in a national variety register may be renewed for further periods of
Amendment 491 #
Proposal for a regulation Article 18 – paragraph 5 a (new) 5 a. This article does not apply to plant reproductive material which is made available on the market with no more than one intermediary between the producer and the user and all professional operators concerned supply the same local or regional markets.
Amendment 492 #
Proposal for a regulation Article 84 – paragraph 3 – introductory part 3. The renewal of the registration of a variety in a national variety register shall only be granted if the
Amendment 492 #
Proposal for a regulation Article 19 – paragraph 1 1. Pre-basic, basic or certified material
Amendment 493 #
Proposal for a regulation Article 84 – paragraph 3 – point a Amendment 493 #
Proposal for a regulation Article 19 – paragraph 1 1. Pre-basic, basic or certified material
Amendment 494 #
Proposal for a regulation Article 84 – paragraph 3 – point b Amendment 494 #
Proposal for a regulation Article 19 – paragraph 2 2. Official labels shall certify that pre- basic, basic or certified material
Amendment 495 #
Proposal for a regulation Article 84 – paragraph 4 4. The competent authority may renew the registration of a variety in a national variety register, without an application for renewal being submitted pursuant to paragraphs 1 and 2, where it considers that the renewal of that registration serves sustainable agricultural production and the preservation of genetic diversity
Amendment 495 #
Proposal for a regulation Article 19 – paragraph 5 – subparagraph 1 a (new) This certification and identification shall apply to those varieties which are entered in the European variety register. National trademarks or certification systems shall continue to be admissible.
Amendment 496 #
Proposal for a regulation Article 85 Amendment 496 #
Proposal for a regulation Article 19 – paragraph 5 a (new) 5a. This article shall under no circumstances prevent the use of national or private labels and certification schemes.
Amendment 497 #
Proposal for a regulation Article 85 – paragraph 2 – subparagraph 1 On request by the applicant or a third party, the competent authority may allow a variety deleted from the national variety register in accordance to paragraph 1(b), 1(c), 1(d), 1(e), 1(f) or 1(h) to continue to be made available on the market until 30 June of the third year following the deletion from the register.
Amendment 497 #
Proposal for a regulation Article 19 – paragraph 5 a (new) 5a. This article shall under no circumstances prevent the use of national or private labels and certification schemes.
Amendment 498 #
Proposal for a regulation Article 85 – paragraph 2 – subparagraph 1 On request by the applicant or a third party, the competent
Amendment 498 #
Proposal for a regulation Article 19 – paragraph 5 a (new) 5a. Standard materials shall be subjected to subsequent random, risk-based official checks.
Amendment 499 #
Proposal for a regulation Article 85 – paragraph 2 – subparagraph 2 Amendment 499 #
Proposal for a regulation Article 19 – paragraph 5 a (new) 5a. Standard materials shall be subjected to subsequent random, risk-based official checks.
Amendment 500 #
Proposal for a regulation Article 85 – paragraph 2 – subparagraph 2 Amendment 500 #
Proposal for a regulation Article 20 – paragraph -1 (new) -1. This article applies to potatoes and to species which are grown on more than 5% of the total agricultural area in the Union. These species are listed in Annex Ia.
Amendment 501 #
Proposal for a regulation Article 85 – paragraph 3 Amendment 501 #
Proposal for a regulation Article 20 – paragraph -1 (new) -1. This article shall apply to potatoes and to species which are grown on more than 5% of the total agricultural area in the Union. These species are listed in Annex Ia.
Amendment 502 #
Proposal for a regulation Article 85 – paragraph 3 3. After a variety is deleted from the national variety register, the competent authority shall submit a sample of that variety, and its description, and in the case of a hybrid including its parent lines, to a gene bank dedicated to the conservation of genetic resources.
Amendment 502 #
Proposal for a regulation Article 20 – paragraph 3 – introductory part 3. Those delegated acts shall take into account the applicable international technical and scientific standard recommendations
Amendment 503 #
Proposal for a regulation Article 86 Amendment 503 #
Proposal for a regulation Article 21 – paragraph 1 1. The official label
Amendment 504 #
Proposal for a regulation Article 86 – paragraph 1 1. Varieties registered in a national variety register shall be maintained by the applicant or by any other person acting in mutual agreement with the applicant. That other person shall be notified by the applicant to the competent authority. Any other person may notify the competent authority with reference to a registered variety that that person is acting as an additional maintainer.
Amendment 504 #
Proposal for a regulation Article 21 – paragraph 1 1. The official label and the operator's label shall contain the information set out in Part A of Annex III.
Amendment 505 #
Proposal for a regulation Article 87 – paragraph 1 – point f Amendment 505 #
Proposal for a regulation Article 21 – paragraph 1 1. The official label and the operator's label shall contain the information set out in Part A of Annex III, with the addition of information stating whether or not microbiological processes have been used in selection and/or propagation.
Amendment 506 #
Proposal for a regulation Article 88 – paragraph 1 Amendment 506 #
Proposal for a regulation Article 21 – paragraph 2 2. The official label and the operator’s label shall be written in one of the official Union languages. They shall be legible, indelible, printed on one side, not previously been used and easily visible. The order in which the entries are printed shall always be the same, as indicated by the European Commission.
Amendment 507 #
Proposal for a regulation Article 88 – paragraph 1 1. In the case of varieties provided with an officially recognised description, no fees shall be charged for the actions referred to
Amendment 507 #
Proposal for a regulation Article 21 – paragraph 2 2. The official label and the operator’s label shall be written in one of the official Union languages. They shall be legible, indelible, printed on one side, not previously been used and easily visible. The order in which the entries are printed shall always be the same, in accordance with requirements determined by the Commission.
Amendment 508 #
Proposal for a regulation Article 88 – paragraph 2 Amendment 508 #
Proposal for a regulation Article 21 – paragraph 3 3. The official label shall have a distinct colour per category of plant reproductive material. The colours shall be those laid down in Part C of Annex III.
Amendment 509 #
Proposal for a regulation Article 89 – paragraph 1 1. Fees provided for in Article 87
Amendment 509 #
Proposal for a regulation Article 21 – paragraph 3 3. The official label shall have a distinct colour per category of plant reproductive material. The colours shall be those laid down in Part C of Annex III.
Amendment 510 #
Proposal for a regulation Article 89 – paragraph 2 2. Applicants
Amendment 510 #
Proposal for a regulation Article 21 – paragraph 5 – introductory part 5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out requirements, further to the requirements referred to in paragraphs 1 and 2, for official
Amendment 511 #
Proposal for a regulation Article 89 – paragraph 2 2. Applicants
Amendment 511 #
Proposal for a regulation Article 21 – paragraph 5 – point f (f) in case of mixtures, the detailed composition by means of an indication of the percentage by weight of the various components by species and, where appropriate, by variety, or the indication of the name of the mixture provided that the competent authority has been supplied with information on its detailed composition;
Amendment 512 #
Proposal for a regulation Article 89 – paragraph 3 Amendment 512 #
Proposal for a regulation Article 21 – paragraph 5 – point g a (new) (ga) the order in which the information is printed on the label and its possible codification.
Amendment 513 #
Proposal for a regulation Article 96 – paragraph 1 Amendment 513 #
Proposal for a regulation Article 21 – paragraph 5 – point g a (new) (ga) the order in which the information is printed on the label and its possible codification.
Amendment 514 #
Proposal for a regulation Article 97 – paragraph 1 Amendment 514 #
Proposal for a regulation Article 21 – paragraph 7 7. The Commission shall, by means of implementing acts, adopt the format(s) of the official label
Amendment 515 #
Proposal for a regulation Article 97 – paragraph 2 Amendment 515 #
Proposal for a regulation Article 22 – introductory part Amendment 516 #
Proposal for a regulation Article 102 – paragraph 1 1. The competent authority shall keep a file on each variety registered in the national variety register, containing the official description, the examination report and any complementary examination report pursuant to Article 76. Where applicable, the file shall only contain the officially recognised description of the variety
Amendment 516 #
Proposal for a regulation Article 22 – introductory part The official labels shall only be produced and affixed by:
Amendment 517 #
Proposal for a regulation Article 103 – paragraph 4 4. The competent authority shall, on request, take appropriate measures to make available the information contained in the files of the national variety register to any person requesting access to this information. This access has to be granted free of charge and by electronic means. This provision shall not apply
Amendment 517 #
Proposal for a regulation Article 22 – introductory part The official labels shall be produced and/or affixed by:
Amendment 518 #
Proposal for a regulation Article 103 – paragraph 4 4. The competent authority shall
Amendment 518 #
Proposal for a regulation Article 22 – point b (b) the competent authority
Amendment 519 #
Proposal for a regulation Article 104 – paragraph 1 1. The
Amendment 520 #
Proposal for a regulation Article 104 – paragraph 4 4. The Agency shall
Amendment 520 #
Proposal for a regulation Article 23 – paragraph 1 – introductory part Amendment 521 #
Proposal for a regulation Part IV Amendment 521 #
Proposal for a regulation Article 23 – paragraph 1 – introductory part Amendment 522 #
Proposal for a regulation Article 23 – paragraph 1 – introductory part 1. Professional operators may be authorised by the competent authority to carry out
Amendment 523 #
Proposal for a regulation Article 144 – paragraph 1 1. Repeals 1. The acts referred to in Annex XIII are hereby repealed.
Amendment 523 #
Proposal for a regulation Article 23 – paragraph 1 – point a (a) they possess the necessary knowledge
Amendment 524 #
Proposal for a regulation Article 146 – paragraph 1 This
Amendment 524 #
Proposal for a regulation Article 23 – paragraph 1 – point b (b) they possess, or have access to, adequate equipment and laboratories to apply correctly and efficiently the requirements referred to in Articles 16(2) and 20(2)
Amendment 525 #
Proposal for a regulation Article 146 – paragraph 3 This
Amendment 525 #
Proposal for a regulation Article 23 – paragraph 1 – point f (f) they use appropriately qualified inspection and laboratory staff
Amendment 526 #
Proposal for a regulation Annex 1 – paragraph 1 Amendment 526 #
Proposal for a regulation Article 23 – paragraph 2 2. The authorisation referred to in paragraph 1 may be granted for particular or all genera or species, categories of plant reproductive material or activities.
Amendment 527 #
Proposal for a regulation Annex 1 – point 7 Amendment 527 #
Proposal for a regulation Article 23 – paragraph 3 Amendment 528 #
Proposal for a regulation Article 24 – paragraph 1 1. For the purposes of the official supervision referred to in point (a) of Article 22, competent authorities shall
Amendment 529 #
Proposal for a regulation Article 24 – paragraph 1 1. For the purposes of the official supervision referred to in point (a) of Article 22, competent authorities shall
Amendment 530 #
Proposal for a regulation Article 24 – paragraph 3 3. In addition to the inspection, sampling and testing referred to in paragraph 2, the competent authorities may carry out further field inspections, sampling or testing, if
Amendment 531 #
Proposal for a regulation Annex 1 – point 11 Amendment 531 #
Proposal for a regulation Article 24 – paragraph 4 – point b a (new) (ba) accreditation of the professional operator's entire activity in respect of plant reproductive material, based on externally accredited quality assurance and disapplying some or all of the provisions of paragraphs 2 and 3.
Amendment 532 #
Proposal for a regulation Article 25 Amendment 533 #
Proposal for a regulation Article 25 Where the official labels are produced by the competent authorities, as referred to in point (b) of Article 22, the competent authorities shall carry out all necessary field inspections, sampling and testing in accordance with the certification schemes, adopted pursuant to Article 20(2), to confirm compliance with the production and quality requirements adopted pursuant to Article 16(2).
Amendment 534 #
Proposal for a regulation Article 25 Where the official labels are produced by the competent authorities, as referred to in point (b) of Article 22, the competent authorities
Amendment 535 #
Proposal for a regulation Article 25 Where the official labels are produced by the competent authorities, as referred to in point (b) of Article 22, the competent authorities shall carry out all necessary field inspections, sampling and testing in accordance with the certification schemes, adopted pursuant to Article 20(2), to confirm compliance with the
Amendment 536 #
Proposal for a regulation Annex 1 – point 19 Amendment 536 #
Proposal for a regulation Article 27 – title Notification of the intended
Amendment 537 #
Proposal for a regulation Article 27 – title Notification of the intended
Amendment 538 #
Proposal for a regulation Article 27 Professional operators shall inform the competent authorities in due time about their intention to
Amendment 539 #
Proposal for a regulation Article 27 Professional operators shall inform the competent authorities in due time about their intention to produce pre-basic, basic and certified material plant reproductive material, and to carry out the certification referred to in Article 19(1). That notification shall state the plant species, origin of the material, location of the production plots, varieties and categories concerned.
Amendment 540 #
Proposal for a regulation Article 27 Professional operators shall inform the competent authorities in due time about their intention to produce pre-basic, basic and certified material plant reproductive material, and to carry out the certification referred to in Article 19(1). That notification shall state the plant species, origin of the material, location of the production plots, varieties and categories concerned.
Amendment 541 #
Proposal for a regulation Article 28 Operators' labels shall be produced and affixed by the professional operator after verifying through its own inspections, sampling and testing, that the plant reproductive material
Amendment 542 #
Proposal for a regulation Article 28 Operators' labels shall be produced and affixed by the professional operator after verifying through its own inspections, sampling and testing, that the plant reproductive material complies with the
Amendment 543 #
Proposal for a regulation Article 28 Operators' labels shall be produced and affixed by the professional operator after verifying through its own inspections, sampling and testing, that the plant reproductive material
Amendment 544 #
Proposal for a regulation Article 29 – paragraph 1 1. The official label and the operator's label shall be produced with reference to a lot. The operators' label shall be produced with reference to a lot only if the lot concerned is bigger than what is typically required to cultivate one hectare. They shall be affixed, where
Amendment 545 #
Proposal for a regulation Article 29 – paragraph 1 1. The official label
Amendment 546 #
Proposal for a regulation Article 29 – paragraph 2 2. If a lot is split into more lots, a new official label or operator's label shall be issued for each lot. If several lots are merged into a new lot, a new official label or operator's label shall be issued for that new lot. These requirements shall not apply to local circulation of plant reproductive material.
Amendment 547 #
Proposal for a regulation Article 29 – paragraph 2 a (new) 2a. These requirements shall not apply to local circulation of plant reproductive material.
Amendment 548 #
Proposal for a regulation Article 30 – title Post certification tests for pre-basic, basic and certified material with official label
Amendment 549 #
Proposal for a regulation Article 30 – paragraph 1 1. After the certification referred to in Article 19(1), the competent authorities may carry out tests on the plant reproductive material (hereinafter ‘post certification tests’) to confirm that it complies with the quality requirements as referred to in Article 16(2) and the certification schemes adopted pursuant to Article 20(2). Post certification tests of the preceding generation may be used as pre control for the next generation.
Amendment 550 #
Proposal for a regulation Article 30 – paragraph 3 3. Post certification tests shall be carried out through samples taken by the competent authority
Amendment 551 #
Proposal for a regulation Annex 1 – point 42 Amendment 551 #
Proposal for a regulation Article 30 – paragraph 3 3. Post certification tests shall be carried out through samples taken by the competent authority. They shall assess the identity and purity of the plant reproductive material concerned. Samples may be taken by the professional operator in compliance with Articles 23 and 24 in cases where the primary purpose of the test is pre-control of the next generation.
Amendment 552 #
Proposal for a regulation Article 30 – paragraph 4 – introductory part 4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out rules for the post certification tests of plant reproductive material belonging to particular genera or species. Those rules shall take into account the development of scientific and technical knowledge.
Amendment 553 #
Proposal for a regulation Article 30 – paragraph 4 – point a Amendment 554 #
Proposal for a regulation Article 30 – paragraph 4 – point a Amendment 555 #
Proposal for a regulation Annex 1 – point 48 Amendment 555 #
Proposal for a regulation Article 30 – paragraph 4 – point b Amendment 556 #
Proposal for a regulation Article 31 – paragraph 1 1. Where the post certification tests show that pre-basic, basic or certified material
Amendment 557 #
Proposal for a regulation Article 31 – paragraph 1 1. Where the post certification tests show that pre-basic, basic or certified material has not been
Amendment 558 #
Proposal for a regulation Article 31 – paragraph 2 2. If it is repeatedly found, during the post certification tests, that a professional operator
Amendment 562 #
Proposal for a regulation Article 32 a (new) Article 32 a The seed mixture shall be permitted to contain a small percentage amount of a component that does not belong to the genera or species mentioned in Annex I.
Amendment 563 #
Proposal for a regulation Article 32 a (new) Article 32 a Mixtures Mixtures of varieties and/or genera and species may be made available on the market with the following restrictions: (a) An official label may only be affixed to the mixture if all the ingredients of the mixture have been certified with an official label before. All other mixtures, including those containing genera and species not listed in Annex I shall be made available on the market as standard material. (b) The label of the mixture has to contain an ingredient's list with at least the common name and the weight percentage of each ingredient.
Amendment 565 #
Proposal for a regulation Article 33 – title Amendment 566 #
Proposal for a regulation Article 33 – paragraph 1 – introductory part 1. Competent authorities may authorise the production and making available on the market of a mixture of plant reproductive material belonging to genera or species listed in Annex I, with plant reproductive material belonging to genera or species not listed in Annex I
Amendment 567 #
Proposal for a regulation Article 33 – paragraph 1 – point a Amendment 568 #
Proposal for a regulation Article 33 – paragraph 1 – point b Amendment 569 #
Proposal for a regulation Article 33 – paragraph 1 – point b a (new) (ba) it meets the requirements of proper agronomic practice;
Amendment 570 #
Proposal for a regulation Article 33 – paragraph 2 Amendment 571 #
Proposal for a regulation Annex 1 – point 67 Amendment 571 #
Proposal for a regulation Article 33 – paragraph 3 – point b (b) requirements for the authorisation referred to in paragraph 1
Amendment 572 #
Proposal for a regulation Article 33 – paragraph 3 – point c (c) requirements for the packages and containers of
Amendment 573 #
Proposal for a regulation Article 33 – paragraph 3 – point d (d) labelling requirements for
Amendment 574 #
Proposal for a regulation Article 33 – paragraph 3 – point e Amendment 575 #
Proposal for a regulation Article 33 – paragraph 3 – point f Amendment 576 #
Proposal for a regulation Article 33 – paragraph 3 – point g Amendment 577 #
Proposal for a regulation Article 33 a (new) Article 33 a Preservation mixtures 1. Preservation mixtures may only be made available on the market as standard material. 2. In the case it is not possible to make a preservation mixture available on the market as standard material, an indication of the natural environment where the preservation mixture has been harvested shall be provided. This information shall at least include: (a) the date and the place of harvest; and (b) which plant societies are concerned.
Amendment 579 #
Proposal for a regulation Article 34 – title Plant reproductive material of varieties
Amendment 580 #
Proposal for a regulation Article 34 – paragraph 1 1. By way of derogation from Article 14(1), competent authorities may authorise professional operators, for a specified period of time,
Amendment 581 #
Proposal for a regulation Article 34 – paragraph 1 1. By way of derogation from Article 14(1), competent authorities may authorise professional operators, for a specified period of time,
Amendment 582 #
Proposal for a regulation Article 34 – paragraph 1 1. By way of derogation from Article 14(1), competent authorities may authorise professional operators, for a specified period of time, to make available on the market for tests and trials, on farms or other production premises, maximum quantities of plant reproductive material belonging to a variety
Amendment 583 #
Proposal for a regulation Article 34 – paragraph 3 – point a (a) a brief description of the proposed tests and trials;
Amendment 584 #
Proposal for a regulation Article 34 – paragraph 3 – point b Amendment 585 #
Proposal for a regulation Article 34 – paragraph 3 – point c Amendment 586 #
Proposal for a regulation Article 34 – paragraph 3 – point e Amendment 587 #
Proposal for a regulation Article 34 – paragraph 4 4. The Member States whose competent authorities have granted the authorisation referred to in paragraph 1 shall
Amendment 588 #
Proposal for a regulation Article 34 – paragraph 6 – point b a (new) (ba) the quality requirements for plant reproductive material marketed under these provisions.
Amendment 589 #
Proposal for a regulation Article 34 – paragraph 6 – point b a (new) (ba) quality requirements for the reproductive material.
Amendment 593 #
Proposal for a regulation Article 36 – paragraph 1 – introductory part Article 14(1) shall not apply to plant reproductive material where
Amendment 594 #
Proposal for a regulation Annex 1 – point 105 Amendment 594 #
Proposal for a regulation Article 36 – paragraph 1 – point a Amendment 595 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a) i
Amendment 596 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a) it is made available on the market in small quantities by persons other than professional operators
Amendment 597 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a) it is made available on the market in small quantities
Amendment 598 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a) it is made available on the market in small quantities
Amendment 599 #
Proposal for a regulation Annex 1 – point 111 Amendment 599 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a) it is made available on the market in small quantities by persons other than professional operators
Amendment 600 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a)
Amendment 601 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a) it is made available on the local market in
Amendment 602 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a) the varieties concerned are local and of lesser interest, and it is made available on the market in small quantities by persons other than professional operators, or by professional operators
Amendment 603 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a) it is
Amendment 604 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a) it is made available on the market
Amendment 605 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a) it is made available on the market
Amendment 606 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a) it is made available on the market
Amendment 607 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a) it is made available on the market
Amendment 608 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a) it is
Amendment 609 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a) it is made available on the market
Amendment 610 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a) it is made available on the market in small quantities by persons other than professional operators, or by professional operators employing no more than ten persons and whose consolidated annual turnover or consolidated balance sheet total does not exceed EUR
Amendment 611 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a) it is
Amendment 612 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a) it is made available on the market
Amendment 613 #
Proposal for a regulation Article 36 – paragraph 1 – point a (a) it is made available on the market in small quantities by persons other than professional operators, or by professional operators employing no more than ten persons and whose annual turnover or balance sheet total does not exceed EUR 2 million
Amendment 614 #
Proposal for a regulation Article 36 – paragraph 1 – point a a (new) (a a) it is transmitted by the producer directly to the final grower, or retailer who can then sell it to the final farmer;
Amendment 615 #
Proposal for a regulation Article 36 – paragraph 1 – point a b (new) (ab) it is freely reproducible;
Amendment 616 #
Proposal for a regulation Article 36 – paragraph 1 – point a c (new) (ac) it was obtained , selected and multiplied without the use of microbiological processes;
Amendment 617 #
Proposal for a regulation Article 36 – paragraph 1 – point a a (new) (aa) it is in the public domain;
Amendment 618 #
Proposal for a regulation Article 36 – paragraph 1 – point b a (new) (ba) it is sold directly or with only one intermediary by the producer to the end user;
Amendment 619 #
Proposal for a regulation Article 36 – paragraph 1 – point b a (new) (ba) it fulfils the conditions set out in Title III of this regulation.
Amendment 620 #
Proposal for a regulation Article 36 – paragraph 1 – point b a (new) (ba) it is made available directly or with only one intermediary by the producer to the end user;
Amendment 621 #
Proposal for a regulation Article 36 – paragraph 1 – point b a (new) (ba) it complies with the provisions of Title III of this act.
Amendment 622 #
Proposal for a regulation Annex 1 – point 161 Amendment 622 #
Proposal for a regulation Article 36 – paragraph 1 – point b b (new) (bb) it is freely reproducible;
Amendment 623 #
Proposal for a regulation Annex 1 – point 163 Amendment 623 #
Proposal for a regulation Article 36 – paragraph 1 – point b b (new) (bb) it is freely reproducible;
Amendment 624 #
Proposal for a regulation Annex 1 – point 164 Amendment 624 #
Proposal for a regulation Article 36 – paragraph 1 – point b c (new) (bc) it is bred, selected or multiplied without the use of microbiological process.
Amendment 625 #
Proposal for a regulation Article 36 – paragraph 1 – point b c (new) (bc) it is bred, selected and multiplied without microbiological methods;
Amendment 626 #
Proposal for a regulation Article 36 – paragraph 1 a (new) 1a. To reduce the administrative burden, micro-businesses shall be exempt from paying the full registration fee.
Amendment 627 #
Proposal for a regulation Annex 1 – point 168 Amendment 627 #
Proposal for a regulation Article 36 – paragraph 2 Amendment 628 #
Proposal for a regulation Article 36 – paragraph 2 Amendment 629 #
Proposal for a regulation Article 36 – paragraph 2 2. The persons who produce niche market material for commercial cultivation shall keep records of the quantities of the material produced and made available on the market, per genera, species or type of material. On request, they shall make those records available to the competent authorities.
Amendment 630 #
Proposal for a regulation Article 36 – paragraph 2 2. The persons who produce niche market material shall keep records of the quantities of the material produced and made available on the market, per genera, species or type of material, except where annual turnover is less than EUR 5 000. On request, they shall make those records available to the competent authorities.
Amendment 631 #
Proposal for a regulation Article 36 – paragraph 3 Amendment 632 #
Proposal for a regulation Article 36 – paragraph 3 Amendment 633 #
Proposal for a regulation Article 36 – paragraph 3 Amendment 634 #
Proposal for a regulation Annex 1 – point 180 Amendment 634 #
Proposal for a regulation Article 36 – paragraph 3 Amendment 635 #
Proposal for a regulation Article 36 – paragraph 3 – introductory part 3. The Commission shall be empowered to adopt
Amendment 636 #
Proposal for a regulation Annex 1 – point 186 Amendment 636 #
Proposal for a regulation Article 36 – paragraph 3 – introductory part 3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out, with regard to the production and making available on the market of niche material
Amendment 637 #
Proposal for a regulation Article 36 – paragraph 3 – point a Amendment 638 #
Proposal for a regulation Article 36 – paragraph 3 – point a (a) the maximum size of packages, containers or bundles, including for commercial cultivation by small farmers;
Amendment 639 #
Proposal for a regulation Article 36 – paragraph 3 – point a (a) the maximum size of packages,
Amendment 640 #
Proposal for a regulation Article 36 – paragraph 3 – point b (b) requirements concerning traceability, lots and labelling of the niche market material concerned, which indicate to the ultimate purchaser the origin of the variety and the place and year of production of each lot sold.
Amendment 641 #
Proposal for a regulation Article 36 – paragraph 3 – point b (b) requirements concerning traceability, lots and labelling of the niche market material concerned including year and place of multiplication as well as the breeding method.
Amendment 642 #
Proposal for a regulation Annex II – heading 1 REQUIREMENTS FOR PRE-BASIC, BASIC
Amendment 642 #
Proposal for a regulation Article 36 – paragraph 3 – point b a (new) (ba) the maximum quantities per species and per operator to be placed on the market each year.
Amendment 643 #
Proposal for a regulation Annex II – part A – paragraph 2 – point b Amendment 643 #
Proposal for a regulation Article 36 – paragraph 3 – point c Amendment 644 #
Proposal for a regulation Annex II – part A – paragraph 2 – point f Amendment 644 #
Proposal for a regulation Article 36 – paragraph 3 – point c Amendment 645 #
Proposal for a regulation Annex II – part B – paragraph 1 – point h Amendment 645 #
Proposal for a regulation Article 36 – paragraph 3 – point c Amendment 646 #
Proposal for a regulation Annex I – part D – paragraph 1 – point c Amendment 646 #
Proposal for a regulation Article 36 – paragraph 3 – point c (c) criteria to be used to define the local market and modalities of making available on th
Amendment 647 #
Proposal for a regulation Annex II – part D – paragraph 1 – point d Amendment 647 #
Proposal for a regulation Article 36 – paragraph 3 – point c a (new) (ca) criteria to be used to determine the maximum amount of produced and marketed reproductive material which may be sold as a niche market variety;
Amendment 648 #
Proposal for a regulation Annex II – part DA (new) Points 2(a), 2(d), 2(g) of PART A, points (b), (c), (e), (h) of PART B and point (b) of PART D shall not apply to heterogeneous material, and plant reproductive material registered under officially recognised description and made available on the market as standard material
Amendment 648 #
Proposal for a regulation Article 36 – paragraph 3 – point c a (new) (c a) rules on information on processes of multiplication used
Amendment 649 #
Proposal for a regulation Annex III – part A – point b (b) the common name, or names in case of mixture, of the plant species concerned in one of the official Union languages and, optionally, in one or more of the regional or minority languages of the Member State in which the material has been placed on the market;
Amendment 649 #
Proposal for a regulation Article 36 – paragraph 3 a (new) 3a. The label may bear either the botanical name or the common name of the species, according to paragraphs (a) and (b) of Part A and Part B of Annex III.
Amendment 650 #
Proposal for a regulation Annex III – part A – point h (h) references to the country of production or countries in case of mixture, with the two letter code referred to in point (c), with the exception of niche market material;
Amendment 651 #
Proposal for a regulation Annex III – part A – point k (k) where relevant, references to month and year of labelling or references to month and year of last sampling;
Amendment 651 #
Proposal for a regulation Article 37 – paragraph 1 – subparagraph 1 1. In order to remove temporary difficulties in the general supply of plant reproductive material that may occur in a Member State, the competent authority of the Member State concerned may authorise the making available on the market of seed with a reduced germination rate
Amendment 652 #
Proposal for a regulation Annex III – part A – point l Amendment 652 #
Proposal for a regulation Article 37 – paragraph 1 – subparagraph 1 1. In order to remove temporary difficulties in the general supply of plant reproductive material that may occur in a Member State, the competent authority of the Member State concerned may authorise the making available on the market of seed with a reduced germination rate, provided that such rate is reduced by less than
Amendment 653 #
Proposal for a regulation Annex III – part A – point l Amendment 653 #
Proposal for a regulation Article 37 – paragraph 1 – subparagraph 1 1. In order to remove temporary difficulties in the general supply of plant reproductive material that may occur in a Member State, the competent authority of the Member State concerned may authorise the making available on the market of seed with a reduced germination rate, provided that such rate is reduced by less than
Amendment 654 #
Proposal for a regulation Annex III – part A – point n a (new) (na) the indication of all non-traditional breeding methods used for obtaining that plant reproductive material.
Amendment 654 #
Proposal for a regulation Article 37 – paragraph 1 – subparagraph 1 1. In order to remove temporary difficulties in the general supply of plant reproductive material that may occur in a Member State, the competent authority of the Member State concerned may authorise the making available on the market of seed with a reduced germination rate, provided that such rate is reduced by less than
Amendment 655 #
Proposal for a regulation Annex III – part B – point b (b) the common name in one of the official languages of the Union and, optionally, in one or more of the regional or minority languages of the Member State in which the material has been placed on the market;
Amendment 655 #
Proposal for a regulation Article 37 – paragraph 4 a (new) Amendment 656 #
Proposal for a regulation Annex III – part B – point l Amendment 657 #
Proposal for a regulation Annex IV – part A – point b Amendment 657 #
Proposal for a regulation Article 38 – paragraph 1 – point b (b) the plant reproductive material is identified as not finally certified material
Amendment 658 #
Proposal for a regulation Annex IV – part A – point c Amendment 658 #
Proposal for a regulation Article 38 – paragraph 2 2. Plant reproductive material referred to in paragraph 1 may be made available on the market
Amendment 659 #
Proposal for a regulation Annex IV – part A – point c a (new) (ca) they are of vital importance for food processing, feed processing or industrial Processing. The number of species selected according to the above criteria must not exceed 10;
Amendment 659 #
Proposal for a regulation Article 38 – paragraph 2 2. Plant reproductive material referred to in paragraph 1 may be made available on the market
Amendment 660 #
Proposal for a regulation Annex V Amendment 660 #
Proposal for a regulation Article 38 – paragraph 2 2. Plant reproductive material referred to in paragraph 1 may be made available on the market only
Amendment 661 #
Proposal for a regulation Article 38 – paragraph 3 Amendment 663 #
Proposal for a regulation Article 39 – paragraph 1 1.
Amendment 664 #
Proposal for a regulation Article 39 – paragraph 1 1. Competent authorities may authorise the making available on the market of seeds
Amendment 665 #
Proposal for a regulation Article 39 – paragraph 2 2. Seed referred to in paragraph 1 may be
Amendment 666 #
Proposal for a regulation Article 39 – paragraph 2 2. Seed referred to in paragraph 1 may be made available on the market
Amendment 667 #
Proposal for a regulation Article 39 – paragraph 2 2. Seed referred to in paragraph 1 may be made available on the market
Amendment 668 #
Proposal for a regulation Article 39 – paragraph 3 – point b (b) t
Amendment 669 #
Proposal for a regulation Article 40 – paragraph 1 – subparagraph 1 1. The Commission may authorise Member States, by means of implementing acts, to adopt more stringent production and
Amendment 670 #
Proposal for a regulation Article 40 a (new) Article 40a Maintenance of a fair national market Member States may adopt emergency measures, by means of national legislation, under the following situations. 1. Measures are needed to insure proportionality and subsidiarity; 2. Measures are needed to insure the availability of rare and historical plant reproductive materials on the market; 3. Measures are needed to protect the environment or presence of agricultural biodiversity; 4. Measures are needed to protect indigenous rights and traditional ways of life. Member States shall notify the Commission and the other Member States of each measure adopted pursuant to this Article.
Amendment 671 #
Proposal for a regulation Article 40 a (new) Article 40a Maintenance of a fair national market Member States may adopt emergency measures, by means of national legislation, under the following situations. 1. Measures are needed to ensure proportionality and subsidiarity; 2. Measures are needed to ensure the availability of rare and historical plant reproductive materials on the market; 3. Measures are needed to protect the environment or presence of agricultural biodiversity; 4. Measures are needed to protect indigenous rights and traditional ways of life. Member States shall notify the Commission and the other Member States of each Measure adopted pursuant to this Article.
Amendment 673 #
Proposal for a regulation Article 42 – paragraph 1 a (new) 1a. These provisions shall not apply to small undertakings and farms which supply local markets.
Amendment 674 #
Proposal for a regulation Article 42 a (new) Article 42a Local circulation Small producers making available on the market plant propagating material only on the local market (local circulation) shall be excluded from the obligations of this legislation.
Amendment 675 #
Proposal for a regulation Article 42 a (new) Article 42a Local circulation Small producers making available plant reproductive material only on the local market for local circulation shall be excluded from the obligations under this legislation.
Amendment 676 #
Proposal for a regulation Article 42 a (new) Amendment 677 #
Proposal for a regulation Article 43 Amendment 678 #
Proposal for a regulation Article 43 Plant reproductive material produced and made available on the market as pre- basic, basic or certified material, as referred to in Article 19(1), may be imported from third countries only if it is established, pursuant to Article 44, that it fulfils requirements equivalent to those applicable to plant reproductive material produced and made available on the market in the Union.
Amendment 679 #
Proposal for a regulation Article 43 – paragraph 1 Plant reproductive material may be imported from third countries
Amendment 680 #
Proposal for a regulation Article 43 Plant reproductive material produced and/or made available on the market as pre-basic, basic or certified material as referred to in Article 19, paragraph 1, may be imported from third countries only if it is established, pursuant to Article 44, that it fulfils requirements equivalent to those applicable to plant reproductive material produced and made available on the market in the Union.
Amendment 681 #
Proposal for a regulation Article 43 – paragraph 1 a (new) Amendment 682 #
Proposal for a regulation Article 43 – paragraph 1 a (new) 1a. Import to the Union of plant reproductive material shall not be prohibited or restricted, except in one of the following cases: a) it is prohibited by an existing trade agreement; b) import is explicitly prohibited bu another legislative act of the Union; c) a demonstrable risk exists from plant disease, invasive species or other phytosanitary risk not already present and established in the Union; d) a demonstrable risk exists of consumer fraud; e) materials are being made available on the market at subsidized or at a price so low it constitutes dumping and the total commercial value exceeds 1 million Euros.
Amendment 683 #
Proposal for a regulation Article 43 a (new) Article 43a Import conditions Imports to the Union of Plant reproductive material shall not be prohibited or restricted, except in one of the following cases: (a) It is prohibited by an existing trade agreement. (b) Import is explicitly prohibited by another Union act. (c) A demonstrable risk exists from plant disease, invasive species or other phytosanitary risk not already present and established in the Union. (d) A demonstrable risk of consumer fraud exists. (e) Materials are being made available on the market at subsidized prices or at a price so low it constitutes dumping, and the total commercial value exceeds 1 million Euros. (f) The PRM to be imported or its lot do not comply with the quality requirements of this Regulation for the respective species and categories and types of material.
Amendment 684 #
Proposal for a regulation Article 44 – paragraph 1 – subparagraph 1 – introductory part 1. The Co
Amendment 685 #
Proposal for a regulation Article 44 a (new) Article 44a Import controls 1. Where there is an evidence at the boarder that imported plant reproductive material is likely to constitute a serious risk to human, animal and plant health or the environment, the provisions concerning quarantine pests as implemented in Regulation (EC) No .../... (Office of Publication, please insert number of Regulation on protective measures against pests of plants) shall apply. 2. The provisions of paragraph 1 shall apply without prejudice to Commission Regulation (EC) No 507/2008 of 6 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre (Codified version). 3. The importer of plant reproductive material shall provide a written legal declaration providing that the plant reproductive material does not infringe any right granted by Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights or Directive 98/44/EC of The European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions.
Amendment 686 #
Proposal for a regulation Article 45 – paragraph 2 – point a (a) in the case of pre-basic, basic or certified material in accordance with the requirements of Annex 1, on an official document or on an additional official label
Amendment 687 #
Proposal for a regulation Article 45 – paragraph 2 – point a (a) in the case of pre-basic, basic or certified material, on an official document or on an additional official label, in accordance with the requirements of Annex 1 of this Regulation;
Amendment 688 #
Proposal for a regulation Article 46 – paragraph 3 Amendment 689 #
Proposal for a regulation Article 46 – paragraph 3 3. Where the export of plant reproductive material to a third country is neither governed by an agreement with a third country nor by the rules of the third country into which that plant reproductive material is to be exported, it shall meet the requirements
Amendment 690 #
Proposal for a regulation Article 46 – paragraph 3 a (new) 3 a. Notwithstanding the provisions of 1, 2, 3 exports can be carry out in accordance with the bilateral agreement between the professional operators (exports according to contract)
Amendment 691 #
Proposal for a regulation Part III – title III Production and making available on the market of plant reproductive material not belonging to genera or species listed in Annex I or for use only as decorative plants
Amendment 692 #
Proposal for a regulation Article 47 This Title shall apply to the production and making available on the market of plant reproductive material belonging to genera and species other than the ones listed in Annex I or for use only as decorative plants.
Amendment 693 #
Proposal for a regulation Article 47 This Title shall apply to the production and making available on the market of plant reproductive material belonging to genera and species other than th
Amendment 694 #
Proposal for a regulation Article 47 This Title shall apply to the production and making available on the market of plant reproductive material: a) belonging to genera and species other than the ones listed in Annex I; b) belonging to species listed in Annex I and marketed in small quantities to non- professional end users; c) belonging to species listed in Annex I but marketed solely for ornamental use.
Amendment 695 #
Proposal for a regulation Article 47 This Title shall apply to the production and making available on the market of plant reproductive material belonging to genera and species other than the ones listed in Annex I and for provisions of article 14 (3) (heterogeneous material), article 36 (niche markets) and article 57 (registration under officially recognised description).
Amendment 696 #
Proposal for a regulation Article 47 – paragraph 1 a (new) This Title shall also apply to propagating material of genera and species listed in Annex I, when the material: - is marketed for ornamental purposes, or - is intended for sale to home gardeners.
Amendment 697 #
Proposal for a regulation Article 48 – paragraph 1 – point c (c) in the case of seeds, it shall have satisfactory germination and specific purity, as appropriate for other genera and related species concerned included in Annex I, to allow
Amendment 698 #
Proposal for a regulation Article 48 – paragraph 1 – point c (c) in the case of seeds, it shall have satisfactory germination and specific purity, as appropriate for the genera and related species concerned included in Annex I, to allow an appropriate number of plants per area after sowing, and to ensure the maximum yield and quality of the production;
Amendment 699 #
Proposal for a regulation Article 48 – paragraph 1 – point c (c) in the case of seeds, it shall have satisfactory germination, as appropriate for the genera and species concerned, to allow an appropriate number of plants per area after sowing, and to ensure the
Amendment 700 #
Proposal for a regulation Article 48 – paragraph 1 – point e a (new) (e a) It shall include an informed consent regarding plant reproductive material associated with patents as set out in article 13 paragraph 3.
Amendment 701 #
Proposal for a regulation Article 48 – paragraph 2 Amendment 702 #
Proposal for a regulation Article 48 – paragraph 2 Amendment 703 #
Proposal for a regulation Article 48 – paragraph 2 – introductory part 2. Compliance with the requirements of points (a), (b), (c), (d) and (e) of paragraph 1 shall be assessed in light of the applicable international standard recommendations, including the following:
Amendment 704 #
Proposal for a regulation Article 48 – paragraph 3 Amendment 705 #
Proposal for a regulation Article 48 – paragraph 3 Amendment 706 #
Proposal for a regulation Article 49 – paragraph 5 a (new) 5a. Where the plant reproductive material concerned is not more than what is typically required to cultivate one hectare, the plant reproductive material is exempted from labelling requirements provided in this Article.
Amendment 709 #
Proposal for a regulation Article 50 – paragraph 1 – point c (c) the variety has been entered in any other public or private list with an official
Amendment 710 #
Proposal for a regulation Article 50 – paragraph 1 – point c (c) the
Amendment 711 #
Proposal for a regulation Article 50 – paragraph 1 – point c (c) the
Amendment 712 #
Proposal for a regulation Article 50 – paragraph 1 – point c (c) the variety has been entered in any other public or private list with a
Amendment 713 #
Proposal for a regulation Article 50 – paragraph 1 – point c a (new) c a) the variety can be shown to be commonly known to consumers from information available in the public domain.
Amendment 714 #
Proposal for a regulation Article 50 – paragraph 1 – point c a (new) (ca) the variety concerned is commonly known to consumers from information available in the public domain.
Amendment 715 #
Proposal for a regulation Article 50 – paragraph 1 – point c a (new) (ca) the variety is commonly known;
Amendment 716 #
Proposal for a regulation Article 50 – paragraph 1 – point c b (new) (cb) the variety is entered on a list kept by an operator with its detailed description and denomination. Such lists shall be drawn up in accordance with accepted international guidelines, where these are applicable. The lists shall be available, on request, to the responsible competent authority;
Amendment 717 #
Proposal for a regulation Article 50 – paragraph 2 – subparagraph 2 Where the variety is not protected by a plant variety right or registered pursuant to Title IV, as referred to in points (a) and (b) of paragraph 1, but has been entered in a public or private list
Amendment 718 #
Proposal for a regulation Article 50 – paragraph 2 – subparagraph 2 Where the variety is not protected by a plant variety right or registered pursuant to Title IV, as referred to in points (a) and (b) of paragraph 1, but has been entered in a public or private list
Amendment 719 #
Proposal for a regulation Article 50 – paragraph 2 – subparagraph 2 Where the variety is not protected by a plant variety right or registered pursuant to Title IV, as referred to in points (a) and (b) of paragraph 1, but has been entered in a public or private list
Amendment 720 #
Proposal for a regulation Article 50 – paragraph 2 – subparagraph 2 Where the variety is not protected by a plant variety right or registered pursuant to
Amendment 721 #
Proposal for a regulation Article 51 – paragraph 1 1. Each Member State shall establish, publish and update a single national register of varieties
Amendment 722 #
Proposal for a regulation Article 51 – paragraph 1 1. Each Member State shall establish, publish and update a single national register of varieties
Amendment 723 #
Proposal for a regulation Article 51 – paragraph 2 Amendment 724 #
Proposal for a regulation Article 52 – paragraph 1 – subparagraph 1 1. The Agency shall establish, publish and update a single register of varieties
Amendment 725 #
Proposal for a regulation Article 52 – paragraph 1 – subparagraph 1 1. The Agency shall establish, publish and update a single register of varieties
Amendment 726 #
Proposal for a regulation Article 52 – paragraph 1 – subparagraph 2 – point a (a) varieties
Amendment 727 #
Proposal for a regulation Article 52 – paragraph 1 – subparagraph 2 – point a (a) varieties
Amendment 728 #
Proposal for a regulation Article 52 – paragraph 1 – subparagraph 2 – point b (b) varieties
Amendment 729 #
Proposal for a regulation Article 52 – paragraph 1 – subparagraph 2 – point b (b) varieties
Amendment 730 #
Proposal for a regulation Article 52 – paragraph 2 a (new) 2a. In addition the EU may proactively foster the continued existence of old, rare varieties and conservation and local varieties by establishing a Europe-wide network of gene banks ('EuropArch'), if necessary supported by a European ex- situ documentation centre attached to the agency ('BioEuropeana').
Amendment 731 #
Proposal for a regulation Article 53 – paragraph 1 – point b (b) the denomination of the variety and, for varieties made available on the market before the entry into force of this Regulation, where applicable, its synonyms and the method by which the variety was bred;
Amendment 732 #
Proposal for a regulation Article 53 – paragraph 1 – point b a (new) (b a) the method by which the variety is bred;
Amendment 733 #
Proposal for a regulation Article 53 – paragraph 1 – point b a (new) (b a) the registration type: official description or officially recognised description;
Amendment 734 #
Proposal for a regulation Article 53 – paragraph 1 – point b b (new) (b b) where applicable, a documentation that the variety is protected by plant breeders' rights or is related to a patent;
Amendment 735 #
Proposal for a regulation Article 53 – paragraph 1 – point c (c) the name, and, where applicable, the reference number, of the
Amendment 736 #
Proposal for a regulation Article 53 – paragraph 1 – point c (c) where applicable, the name, and, where applicable, the reference number, of the applicant;
Amendment 737 #
Proposal for a regulation Article 53 – paragraph 1 – point c (c) the name, and, where applicable, the reference number, of the
Amendment 738 #
Proposal for a regulation Article 53 – paragraph 1 – point d (d) where applicable, the date of the registration of the variety and, where applicable, of the renewal of the registration;
Amendment 739 #
Proposal for a regulation Article 53 – paragraph 1 – point e Amendment 740 #
Proposal for a regulation Article 53 – paragraph 1 – point e Amendment 741 #
Proposal for a regulation Article 53 – paragraph 1 – point e (e) where applicable, the date of the end of validity of registration;
Amendment 742 #
Proposal for a regulation Article 53 – paragraph 1 – point f (f) the official description of the variety, or, where, applicable, the officially recognised description of the variety
Amendment 743 #
Proposal for a regulation Article 53 – paragraph 1 – point f (f) the official description of the variety, or, where, applicable, the officially recognised description of the variety
Amendment 744 #
Proposal for a regulation Article 53 – paragraph 1 – point g (g) where applicable, the name of the professional operator responsible for the maintenance of a variety;
Amendment 745 #
Proposal for a regulation Article 53 – paragraph 1 – point k (k) where applicable, a summary of the results of the examinations for satisfactory
Amendment 746 #
Proposal for a regulation Article 53 – paragraph 1 – point k a (new) (ka) if applicable, a statement that the variety is protected by plant breeders' rights or is related to a patent.
Amendment 747 #
Proposal for a regulation Article 53 – paragraph 1 – point k a (new) (ka) where applicable, the indication that the variety has been bred using non- traditional breeding methods, including an enumeration of all the methods used for obtaining that variety.
Amendment 748 #
Proposal for a regulation Article 53 – paragraph 1 – point k b (new) (k b) The genealogical components of the variety
Amendment 749 #
Proposal for a regulation Article 53 – paragraph 1 a (new) 1a. These data shall be available to the public.
Amendment 750 #
Proposal for a regulation Article 53 – paragraph 2 a (new) (2a) All of these data are kept available to the public.
Amendment 755 #
Proposal for a regulation Article 54 – point b (b) where applicable, the reference under which the variety, to which the clone belongs, is registered in the national variety register or Union variety register;
Amendment 756 #
Proposal for a regulation Article 54 – point c (c) where applicable, the denomination of the variety to which the clone belongs and, for varieties made available on the market before the entry into force of this Regulation, where applicable its synonyms;
Amendment 757 #
Proposal for a regulation Article 54 – point d (d) where applicable, the date of the registration of the clone and, where applicable, of the renewal of the registration;
Amendment 758 #
Proposal for a regulation Article 54 – point e Amendment 759 #
Proposal for a regulation Article 54 – point e Amendment 760 #
Proposal for a regulation Article 54 – point e (e) where applicable, the end of validity of the registration;
Amendment 761 #
Proposal for a regulation Article 54 – point f (f) where applicable, the indication that the variety to which the clone belongs has been registered with an officially recognised description
Amendment 762 #
Proposal for a regulation Article 54 – point f (f) where applicable, the indication that the variety to which the clone belongs has been registered with an officially recognised description,
Amendment 763 #
Proposal for a regulation Article 54 – point g a (new) (g a) where applicable, the indication that the variety to which the clone belongs has been granted a plant variety right or is linked to a granted or pending patent application.
Amendment 764 #
Proposal for a regulation Article 55 – introductory part In the case of a variety
Amendment 765 #
Proposal for a regulation Article 55 – point b (b)
Amendment 766 #
Proposal for a regulation Article 56 – paragraph 1 – introductory part 1.
Amendment 767 #
Proposal for a regulation Article 56 – paragraph 1 – point a (a) they bear a denomination deemed suitable pursuant to Article 64
Amendment 768 #
Proposal for a regulation Article 56 – paragraph 2 – introductory part 2. In order to be registered in a national variety register pursuant to Chapter IV, varieties
Amendment 769 #
Proposal for a regulation Article 56 – paragraph 2 – point b (b) in case they belong to genera or species with particular importance for the
Amendment 770 #
Proposal for a regulation Article 56 – paragraph 2 – point b (b) in case they belong to genera or species with particular importance for the satisfactory development of agriculture in the Union, as referred to in paragraph 5, they
Amendment 771 #
Proposal for a regulation Article 56 – paragraph 2 – point c Amendment 772 #
Proposal for a regulation Article 56 – paragraph 2 – point c (c) in case they belong to genera or species with particular importance for the sustainable development of agriculture in the Union, as referred to in paragraph 6, they have a sustainable value for cultivation and/or use pursuant to Article 5
Amendment 773 #
Proposal for a regulation Article 56 – paragraph 2 – point c a (new) (ca) they are not used as mere components for the creation or production of other varieties.
Amendment 774 #
Proposal for a regulation Article 56 – paragraph 3 – introductory part 3. The requirements set out in paragraph 2(b) and (c) shall not apply to the following
Amendment 775 #
Proposal for a regulation Article 56 – paragraph 3 – point a a (new) (aa) heterogeneous material;
Amendment 776 #
Proposal for a regulation Article 56 – paragraph 4 – point b (b) they do not belong to genera or species with particular importance for the
Amendment 777 #
Proposal for a regulation Article 56 – paragraph 4 – point c Amendment 778 #
Proposal for a regulation Article 56 – paragraph 4 – point c Amendment 779 #
Proposal for a regulation Article 56 – paragraph 4 – point c (c) in case they belong to genera or species
Amendment 780 #
Proposal for a regulation Article 56 – paragraph 5 Amendment 781 #
Proposal for a regulation Article 56 – paragraph 5 Amendment 782 #
Proposal for a regulation Article 56 – paragraph 5 Amendment 783 #
Proposal for a regulation Article 56 – paragraph 5 5. The
Amendment 784 #
Proposal for a regulation Article 56 – paragraph 6 Amendment 785 #
Proposal for a regulation Article 56 – paragraph 6 Amendment 786 #
Proposal for a regulation Article 56 – paragraph 6 Amendment 787 #
Proposal for a regulation Article 56 – paragraph 6 Amendment 788 #
Proposal for a regulation Article 56 – paragraph 6 6. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140,
Amendment 789 #
Proposal for a regulation Article 56 a (new) Article 56a Registration of varieties developed for growing under particular conditions 1. A variety developed for growing under particular conditions, but with no intrinsic value for commercial production, may be registered in a national variety register on the basis of an officially recognised description if the variety complies with the following conditions: (a) previously has not been registered in a national variety register or in the union variety register or has been registered in such register before this regulation has entered into force as a variety developed for growing under particular conditions; (b) does not comply with the conditions set out in article 57.1 (b); (c) complies with article 57.2 (b) and (c); (d) complies with article 57.4 (b); (e) bears a denomination deemed suitable pursuant to article 64; (f) is considered having been developed for growing under particular agro- technical, climatic or soil conditions. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 140, setting out, with regard to the production and making available on the market, of varieties with no immediate value that belongs to particular genera and species, one or more of the following: (a) the maximum size of the packages, containers or bundles; (b) traceability, lots and labelling of the varieties; (c) modalities of making available on the market.
Amendment 790 #
Proposal for a regulation Article 57 – paragraph 1 – introductory part 1.
Amendment 791 #
Proposal for a regulation Article 57 – paragraph 1 – point a (a) in case the variety had been previously not registered in a national variety register or in the Union variety register
Amendment 792 #
Proposal for a regulation Article 57 – paragraph 1 – point a (a) in case the variety had been previously not registered in a national variety register or in the Union variety register
Amendment 793 #
Proposal for a regulation Article 57 – paragraph 1 – point a (a) in case the variety had been previously not registered in a national variety register or in the Union variety register
Amendment 794 #
Proposal for a regulation Article 57 – paragraph 1 – point a (a) in case the variety had been previously not registered in a national variety register or in the Union variety register
Amendment 795 #
Proposal for a regulation Article 57 – paragraph 1 – point a (a) in case the variety had been previously not registered in a national variety register or in the Union variety register
Amendment 796 #
Proposal for a regulation Article 57 – paragraph 1 – point b Amendment 797 #
Proposal for a regulation Article 57 – paragraph 1 – point b (b) in case the variety had been previously registered in any national variety register or in the Union variety register on the basis of a technical examination pursuant to Article 71, but has been deleted from those registers
Amendment 798 #
Proposal for a regulation Article 57 – paragraph 1 – point b (b) in case the variety had been previously registered in any national variety register or in the Union variety register on the basis of a technical examination pursuant to Article 71
Amendment 799 #
Proposal for a regulation Article 57 – paragraph 1 – point b (b) in case the variety had been previously registered in any national variety register or in the Union variety register on the basis of a technical examination pursuant to Article 71,
Amendment 800 #
Proposal for a regulation Article 57 – paragraph 1 – point b (b) in case the variety had been previously registered in any national variety register or in the Union variety register on the basis of a technical examination pursuant to Article 71, but has been deleted from those registers
Amendment 801 #
Proposal for a regulation Article 57 – paragraph 1 – point b a (new) (ba) the variety is not of commercial significance.
Amendment 802 #
Proposal for a regulation Article 57 – paragraph 1 – point b a (new) (ba) It shall be mandatory to provide a sample of the variety for the purpose of official checks and complaints.
Amendment 803 #
Proposal for a regulation Article 57 – paragraph 1 – point b a (new) (ba) it is sold directly or with only one intermediary by the producer to the end user,
Amendment 804 #
Proposal for a regulation Article 57 – paragraph 1 – point b a (new) (ba) in case the variety has never been made available on the market.
Amendment 805 #
Proposal for a regulation Article 57 – paragraph 1 – point b a (new) (ba) it is niche market material within the meaning of point 2a of Article 3(1);
Amendment 806 #
Proposal for a regulation Article 57 – paragraph 1 – point b a (new) (ba) or if the variety has never been made available on the market,
Amendment 807 #
Proposal for a regulation Article 57 – paragraph 1 – point b a (new) (ba) in case the variety has been newly bred, it is of a species or type developed for specialised markets such as for organic production.
Amendment 808 #
Proposal for a regulation Article 57 – paragraph 1 – point b b (new) (bb) it is heterogeneous material within the meaning of point 2b of Article 3(1).
Amendment 809 #
Proposal for a regulation Article 57 – paragraph 1 – point b b (new) (bb) has been obtained, selected and / or multiplied without the use of microbiological processes.
Amendment 810 #
Proposal for a regulation Article 57 – paragraph 1 – point b b (new) (bb) it is reely reproducible,
Amendment 811 #
Proposal for a regulation Article 57 – paragraph 1 – point b b (new) (bb) in case it is a niche market variety as defined in Article 36.
Amendment 812 #
Proposal for a regulation Article 57 – paragraph 1 – point b c (new) (bc) it is bred, selected or multiplied without microbiological methods.
Amendment 813 #
Proposal for a regulation Article 57 – paragraph 1 a (new) 1a. It shall be mandatory to deliver a sample of the variety for the purpose of official checks and complaints.
Amendment 814 #
Proposal for a regulation Article 57 – paragraph 2 – point a Amendment 815 #
Proposal for a regulation Article 57 – paragraph 2 – point a Amendment 816 #
Proposal for a regulation Article 57 – paragraph 2 – point a Amendment 817 #
Proposal for a regulation Article 57 – paragraph 2 – point a Amendment 818 #
Proposal for a regulation Article 57 – paragraph 2 – point a Amendment 819 #
Proposal for a regulation Article 57 – paragraph 2 – point a Amendment 820 #
Proposal for a regulation Article 57 – paragraph 2 – point a Amendment 821 #
Proposal for a regulation Article 57 – paragraph 2 – point a Amendment 822 #
Proposal for a regulation Article 57 – paragraph 2 – point a Amendment 823 #
Proposal for a regulation Article 57 – paragraph 2 – point a Amendment 824 #
Proposal for a regulation Article 57 – paragraph 2 – point c a (new) (ca) a description of that variety is known to exist in literature or is accessible as traditional knowledge of local communities within the Union
Amendment 825 #
Proposal for a regulation Article 57 – paragraph 2 a (new) 2a. In order to be registered on the basis of a description for heterogeneous material, heterogeneous material shall comply with the following conditions: (a) the material is identifiable and described, including the breeding scheme and parental material used; (b) the production scheme and the maintenance of the heterogeneous material is described and a reference sample is made available; (c) the procedure for the maintenance of the heterogeneous material is described;
Amendment 826 #
Proposal for a regulation Article 57 – paragraph 3 Amendment 827 #
Proposal for a regulation Article 57 – paragraph 3 Amendment 828 #
Proposal for a regulation Article 57 – paragraph 3 Amendment 829 #
Proposal for a regulation Article 57 – paragraph 3 Amendment 830 #
Proposal for a regulation Article 57 – paragraph 3 Amendment 831 #
Proposal for a regulation Article 57 – paragraph 3 Amendment 832 #
Proposal for a regulation Article 57 – paragraph 3 3. After the registration of a variety in a national variety register pursuant to paragraph 2(a), national competent authorities may approve additional region(s) of origin for that variety.
Amendment 833 #
Proposal for a regulation Article 57 – paragraph 4 – point a (a) it is based, where available, on information from plant genetic resources authorities or from organisations recognised for that purpose by the Member States;
Amendment 834 #
Proposal for a regulation Article 57 – paragraph 4 – point a (a) it is based, where available, on information from growers themselves, plant genetic resources authorities or from organisations recognised for that purpose by the Member States; and
Amendment 835 #
Proposal for a regulation Article 57 – paragraph 4 – point b (b) its accuracy is supported by the results of previous official inspections or unofficial examinations and expert publications or knowledge gained from practical experience during cultivation, reproduction and use.
Amendment 836 #
Proposal for a regulation Article 57 – paragraph 4 – point b (b) it
Amendment 837 #
Proposal for a regulation Article 57 – paragraph 4 – point b a (new) (ba) in the case of a newly bred variety, the description delivered by the applicant is examined for correctness according to the respective technical guidance by the competent authority.
Amendment 838 #
Proposal for a regulation Article 57 – paragraph 4 a (new) 4a. There shall be no fees for the registration of these varieties by SMEs.
Amendment 839 #
Proposal for a regulation Article 57 – paragraph 4 a (new) 4a. After the entry into force of this Regulation conservation varieties shall be registered in the national variety register on the basis of the officially recognised description, provided that the requirements of paragraphs 2 and 4 of this article are fulfilled. Conservation varieties belonging to species not listed in Annex I shall be registered under the same procedure.
Amendment 840 #
Proposal for a regulation Article 57 – paragraph 4 a (new) 4a. Descriptions of heterogeneous material or varieties intended for local markets or non-professional final users shall be supported by the results of previous official inspections or unofficial examinations or knowledge gained from practical experience during cultivation, reproduction and use. Their accuracy shall be supported by an appropriate technical examination carried out by the competent authority on the basis of a sample provided by the applicant.
Amendment 841 #
Proposal for a regulation Article 57 a (new) Amendment 842 #
Proposal for a regulation Article 58 – title Satisfactory and sustainable value for cultivation and/or use
Amendment 843 #
Proposal for a regulation Article 58 – paragraph 1 1. For the purpose of paragraph 2(b) of Article 56, varieties shall be deemed to have
Amendment 844 #
Proposal for a regulation Article 58 – paragraph 1 1. For the purpose of paragraph 2(b) of Article 56, varieties shall be deemed to have a satisfactory and sustainable value for cultivation and/or use if, compared to other varieties examined under similar agro-climatic conditions and similar production systems, their characteristics, taken as a whole, offer, at least as far as production in any region is concerned, susceptibility to pests, input of resources, susceptibility to undesirable substances or adaptation to divergent agro-climatic conditions, a clear improvement either for cultivation in general or for the specific uses which can be made of the crops or the products derived therefrom.
Amendment 845 #
Proposal for a regulation Article 58 – paragraph 1 a (new) 1a. The design, criteria and conditions of examination shall take into account the targeted use of the variety, in particular as regards climatic and environmental conditions and/or low input or organic farming conditions.
Amendment 846 #
Proposal for a regulation Article 58 – paragraph 1 a (new) 1a. Those varieties in particular which play a significant role in connection with climate change and the environment and/or regional markets or organic farming shall be deemed to have a satisfactory value for cultivation and/or use.
Amendment 847 #
Proposal for a regulation Article 58 – paragraph 2 – subparagraph 1 – introductory part Member States shall adopt rules concerning the examinations to determine the satisfactory and sustainable value for cultivation and/or use of the varieties to be registered in their national variety register. Those rules shall concern the characteristics of the varieties in one or more of the following areas:
Amendment 848 #
Proposal for a regulation Article 58 – paragraph 2 – subparagraph 1 – point b a (new) (ba) resistance to pests;
Amendment 849 #
Proposal for a regulation Article 58 – paragraph 2 – subparagraph 1 – point b b (new) (bb) decreased content of undesirable substances;
Amendment 850 #
Proposal for a regulation Article 58 – paragraph 2 – subparagraph 1 – point b c (new) (bc) increased adaptation to divergent agro-climatic environment.
Amendment 853 #
Amendment 854 #
Proposal for a regulation Article 60 – paragraph 1 1. For the purposes of the official description, referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be distinct, if it is
Amendment 855 #
Proposal for a regulation Article 60 – paragraph 1 1. For the purposes of the official description, referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be distinct, if it is clearly
Amendment 856 #
Proposal for a regulation Article 60 – paragraph 2 – point a (a) that variety is included in a
Amendment 857 #
Proposal for a regulation Article 60 – paragraph 2 – point b (b) an application has been filed for registration of that variety in a
Amendment 858 #
Proposal for a regulation Article 60 – paragraph 2 – point c a (new) (ca) the variety is in a reference collection or a precise description of it is available in a publication.
Amendment 859 #
Proposal for a regulation Article 60 – paragraph 2 – point c a (new) (ca) a description of that variety is known to exist in literature or is accessible as traditional knowledge of local communities within the Union.
Amendment 860 #
Proposal for a regulation Article 61 For the purposes of the official description, referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be uniform if, subject to the variation that may be expected from the particular features of its reproduction and type or to variation within the variety, it is sufficiently uniform in the expression of those characteristics which are included in the examination for distinctness, as well as in the expression of
Amendment 861 #
Proposal for a regulation Article 61 For the purposes of the official description, referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be uniform if, subject to the variation that may be expected from the particular features of its reproduction and type, it is sufficiently uniform in the expression of those characteristics which are
Amendment 862 #
Proposal for a regulation Article 61 – paragraph 1 a (new) 1a. The respective examination designs shall take into account that reference varieties must be equal to the tested variety regarding the particular features of its variety type and mode of reproduction.
Amendment 863 #
Proposal for a regulation Article 62 For the purposes of the official description referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be stable if the expression of those characteristics which are included in the examination for distinctness, as well as any other characteristics used for the variety description, remains fundamentally unchanged after repeated reproduction or, in the case of cycles of reproduction, at the end of each such cycle. Variations within a variety which constitute adaptations to changed environmental conditions shall be accepted in the official examination.
Amendment 864 #
Proposal for a regulation Article 62 For the purposes of the official description referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be stable if the expression of those characteristics
Amendment 865 #
Proposal for a regulation Article 63 If a variety has been granted a plant variety right pursuant to Article 62 of Regulation (EC) No 2100/1994,
Amendment 866 #
Proposal for a regulation Article 63 If a variety has been granted a plant variety right pursuant to Article 62 of Regulation (EC) No 2100/1994,
Amendment 867 #
Proposal for a regulation Article 63 If a variety has been granted a plant variety right pursuant to Article 62 of
Amendment 868 #
Proposal for a regulation Article 63 – paragraph 1 a (new) 1a. A variety placed on a national register pursuant to Article 51 shall be deemed to be distinct, uniform and stable, for the purpose of recognising the plant variety right pursuant to Regulation (EC) No 2100/1994 and to have a suitable denomination for the purposes of Article 63 of that Regulation.
Amendment 869 #
Proposal for a regulation Article 63 – paragraph 1 a (new) 1a. A variety placed on a national register pursuant to Article 51 shall be deemed to be distinct, uniform and stable, for the purpose of recognising the plant variety right pursuant to Regulation (EC) No 2100/1994 and to have a suitable denomination for the purposes of Article 63 of that Regulation.
Amendment 870 #
Proposal for a regulation Article 64 – paragraph 1 – introductory part 1. For the purposes of point (a) of Article 56(1), the denomination of a variety shall
Amendment 871 #
Proposal for a regulation Article 64 – paragraph 1 – introductory part 1. The denomination of a variety may be expressed in the form of a code or an invented name. For the purposes of point (a) of Article 56(1), the denomination of a variety shall not be deemed suitable if:
Amendment 872 #
Proposal for a regulation Article 64 – paragraph 1 – point a Amendment 873 #
Proposal for a regulation Article 64 – paragraph 1 – point a Amendment 874 #
Proposal for a regulation Article 64 – paragraph 1 – point b Amendment 875 #
Proposal for a regulation Article 64 – paragraph 1 – point b Amendment 876 #
Proposal for a regulation Article 64 – paragraph 1 – point c Amendment 877 #
Proposal for a regulation Article 64 – paragraph 1 – point c (c) it is identical to, or may be confused with, a variety denomination under which another variety of the same or of a closely related species is entered in a national variety register or in the Union variety register, or under which material of another variety has been made available on the market in a Member State or in a Member of the International Union for the
Amendment 878 #
Proposal for a regulation Article 64 – paragraph 1 – point c (c) it is identical to, or may be confused with, a variety denomination under which another variety of the same or of a closely related species is entered in a national variety register or in the Union variety register, or under which material of another variety has been made available on the market in a Member State or in a Member of the International Union for the Protection of New Varieties of Plants, unless that other variety no longer remains in existence and its denomination has acquired no special significance; or the name of that variety is known to exist in literature or is accessible as traditional knowledge of local communities within the Union;
Amendment 879 #
Proposal for a regulation Article 64 – paragraph 1 – point d Amendment 880 #
Proposal for a regulation Article 64 – paragraph 1 – point d Amendment 881 #
Proposal for a regulation Article 64 – paragraph 1 – point e Amendment 882 #
Proposal for a regulation Article 64 – paragraph 1 – point e (e) it is
Amendment 883 #
Proposal for a regulation Article 64 – paragraph 1 – point f Amendment 884 #
Proposal for a regulation Article 64 – paragraph 1 – point f Amendment 885 #
Proposal for a regulation Article 64 – paragraph 1 – point f (f) it is liable to mislead or to cause confusion concerning the characteristics, the value or the identity of the variety, or the identity of the breeder. In particular, it must be different from any denomination designating, in any of the Union’s Member States, a pre-existing variety of the same or a closely related botanical species.
Amendment 886 #
Proposal for a regulation Article 64 – paragraph 3 Amendment 887 #
Proposal for a regulation Article 64 – paragraph 3 a (new) 3a. A variety with official description shall not be registered in the national variety register with the traditional-historically known name of a landrace.
Amendment 888 #
Proposal for a regulation Article 64 – paragraph 4 Amendment 889 #
Proposal for a regulation Article 64 – paragraph 4 Amendment 890 #
Proposal for a regulation Article 64 – paragraph 4 Amendment 891 #
Proposal for a regulation Article 64 – paragraph 4 – introductory part 4. The Co
Amendment 892 #
Proposal for a regulation Article 64 – paragraph 4 a (new) 4a. Exclusive use of the denomination of a landrace shall not be allowed in any stage of the production, processing or trade of a landrace product.
Amendment 896 #
Proposal for a regulation Article 65 – paragraph 1 – point a Amendment 897 #
Proposal for a regulation Article 65 – paragraph 3 Amendment 898 #
Proposal for a regulation Article 66 – paragraph 1 1.
Amendment 899 #
Proposal for a regulation Article 66 – paragraph 1 1.
Amendment 900 #
Proposal for a regulation Article 66 – paragraph 2 2. The application referred to in paragraph 1 shall be submitted in writing
Amendment 901 #
Proposal for a regulation Article 66 – paragraph 2 a (new) 2a. The application referred to in paragraph 1 may be made after completion of the technical examination referred to in Article 71 and examination of the denomination referred to in Article 78.
Amendment 902 #
Proposal for a regulation Article 67 – paragraph 1 – point c a (new) (ca) the name and address of the breeder in addition to details on how the variety was obtained;
Amendment 903 #
Proposal for a regulation Article 67 – paragraph 1 – point e (e) where applicable, the name and address of the person responsible for the maintenance of the variety, and, where applicable, the reference number of that person;
Amendment 904 #
Proposal for a regulation Article 67 – paragraph 1 – point f (f) a description of the main characteristics of the variety and
Amendment 905 #
Proposal for a regulation Article 67 – paragraph 1 – point h Amendment 906 #
Proposal for a regulation Article 67 – paragraph 1 – point h (h) when known, the geographic origin of the variety;
Amendment 907 #
Proposal for a regulation Article 67 – paragraph 1 – point k a (new) (ka) where applicable, the indication that the variety has been breed using non- traditional breeding methods, including an enumeration of all the methods used for obtaining that variety;
Amendment 908 #
Proposal for a regulation Article 67 – paragraph 1 – point m Amendment 909 #
Proposal for a regulation Article 67 – paragraph 1 – point m (m) where applicable, a declaration that the variety has satisfactory value for cultivation and/or a use a
Amendment 910 #
Proposal for a regulation Article 67 – paragraph 1 – point m (m) where applicable, a declaration that the variety has satisfactory value for cultivation and/or a use as referred to in Article 58(1)
Amendment 911 #
Proposal for a regulation Article 67 – paragraph 1 – point m a (new) (ma) where applicable, an indication that the variety has been cultivated using non- traditional breeding methods, including a list of all the methods used to obtain that variety.
Amendment 912 #
Proposal for a regulation Article 67 – paragraph 2 Amendment 913 #
Proposal for a regulation Article 67 – paragraph 3 Amendment 914 #
Proposal for a regulation Article 67 – paragraph 3 Amendment 915 #
Proposal for a regulation Article 68 Amendment 916 #
Proposal for a regulation Article 68 Amendment 917 #
Proposal for a regulation Article 68 Amendment 918 #
Proposal for a regulation Article 68 Amendment 919 #
Proposal for a regulation Article 69 – paragraph 1 – introductory part 1. The competent authority shall register each application for registration in the national variety register it receives, and shall carry out the formal examination of that application. The formal examination of the application shall examine whether the application
Amendment 920 #
Proposal for a regulation Article 69 – paragraph 1 – point a Amendment 921 #
Proposal for a regulation Article 69 – paragraph 1 – point a (a) the
Amendment 922 #
Proposal for a regulation Article 69 – paragraph 1 – point a (a) the content requirements laid down in Article 67
Amendment 923 #
Proposal for a regulation Article 69 – paragraph 1 – point b Amendment 924 #
Proposal for a regulation Article 69 – paragraph 1 – point b Amendment 925 #
Proposal for a regulation Article 69 – paragraph 1 – point b Amendment 926 #
Proposal for a regulation Article 69 – paragraph 2 Amendment 927 #
Proposal for a regulation Article 69 – paragraph 2 2. If the application does not comply with the requirements laid down in Article 67
Amendment 928 #
Proposal for a regulation Article 70 – title Amendment 929 #
Proposal for a regulation Article 70 The date of application for registration shall be the date on which an application
Amendment 930 #
Proposal for a regulation Article 70 The date of application for registration shall be the date on which an application complying with the content requirements laid down in Article 67
Amendment 931 #
Proposal for a regulation Article 71 – paragraph 1 1. Where, as a result of the formal examination, the application is found to comply with the content requirements referred to in Article 67
Amendment 932 #
Proposal for a regulation Article 71 – paragraph 1 1. Where, as a result of the formal examination, the application is found to comply with the content requirements referred to in Article 67 and the format adopted pursuant to Article 68, a technical examination of the variety shall be carried out
Amendment 933 #
Proposal for a regulation Article 71 – paragraph 1 1. The description is adapted to the variety type and mode of reproduction. Where, as a result of the formal examination, the application is found to comply with the content requirements referred to in Article 67 and the format adopted pursuant to Article 68, a technical examination of the variety shall be carried out for the purpose of establishing an official description. The modes of technical examination and of establishing an official description shall take into account the variety type and mode of reproduction.
Amendment 934 #
Proposal for a regulation Article 71 – paragraph 2 – introductory part 2. The technical examination referred to in paragraph 1 shall
Amendment 935 #
Proposal for a regulation Article 71 – paragraph 2 – subparagraph 1 a (new) In order to carry out the technical examination referred to in paragraph 1, the applicant shall provide a sample of sufficient quality and quantity of the variety, as specified by the competent authority.
Amendment 936 #
Proposal for a regulation Article 71 – paragraph 3 – subparagraph 1 The technical examination referred to in paragraph 1 shall be carried out by the competent authorities in accordance with the requirements referred to in Article 74. Member States shall ensure that the competent authority or authorities perform the duties arising from this Regulation in an objective manner.
Amendment 937 #
Proposal for a regulation Article 71 – paragraph 3 – subparagraph 1 The technical examination referred to in paragraph 1 shall be carried out by or on behalf of the competent authorities in accordance with
Amendment 938 #
Proposal for a regulation Article 71 – paragraph 3 – subparagraph 2 Amendment 939 #
Proposal for a regulation Article 71 – paragraph 3 – subparagraph 2 Amendment 940 #
Proposal for a regulation Article 71 – paragraph 3 – subparagraph 2 a (new) On request submitted by the applicant to the competent authority, the technical examination shall be carried out under specific climatic conditions in the Member State the competent authority is responsible for.
Amendment 941 #
Proposal for a regulation Article 71 – paragraph 4 4.
Amendment 942 #
Proposal for a regulation Article 71 – paragraph 5 Amendment 943 #
Proposal for a regulation Article 71 – paragraph 5 5. By way of derogation from paragraph 4, the competent authority may decide that the technical examination referred to in paragraph
Amendment 944 #
Proposal for a regulation Article 71 – paragraph 5 a (new) 5a. Each Member State is required to respond to requests for technical review made by one of its nationals and establish facilities and appropriate organization procedures for this purpose
Amendment 946 #
Proposal for a regulation Article 72 – paragraph 1 – subparagraph 2 – point b Amendment 947 #
Proposal for a regulation Article 72 – paragraph 1 – subparagraph 2 – point b Amendment 948 #
Proposal for a regulation Article 72 – paragraph 1 – subparagraph 2 – point b a (new) (ba) the independence from economic operators or their professional organizations
Amendment 952 #
Proposal for a regulation Article 73 – paragraph 1 1. The applicant may carry out the technical examination referred to in Article 71(1), or part of it, only if it has been authorised thereto by the competent authority or by the Agency if the competent authority has not been audited by the Agency for the species concerned in accordance with Article 72. Technical examination by the applicant shall be carried out in particular premises, which are dedicated to this
Amendment 953 #
Proposal for a regulation Article 73 – paragraph 1 1. The applicant may carry out the technical examination referred to in Article 71(1), or part of it, only if it has been authorised thereto by the competent authority or by the Agency if the competent authority has not been audited by the Agency for the species concerned in accordance with Article 72. Technical examination by the applicant shall be carried out in particular premises, which are dedicated to this purpose.
Amendment 954 #
Proposal for a regulation Article 73 – paragraph 1 1. The applicant, or other legal person acting on their behalf, may carry out the technical examination referred to in Article 71(1), or part of it, only if it has been authorised thereto by the competent authority.
Amendment 955 #
Proposal for a regulation Article 73 – paragraph 2 – introductory part 2. Prior to granting the authorisation to carry out the technical examination, the competent authority, or where applicable the Agency, shall audit the premises and the organisation of the applicant. That audit shall verify whether the premises and organisation are suitable for carrying out the technical examination as regards:
Amendment 956 #
Proposal for a regulation Article 73 – paragraph 2 – introductory part 2. Prior to granting the authorisation to carry out the technical examination, the competent authority, or where applicable the Agency, shall audit the premises and the organisation of the applicant. That audit shall verify whether the premises and organisation are suitable for carrying out the technical examination as regards:
Amendment 957 #
Proposal for a regulation Article 73 – paragraph 2 – introductory part 2. Prior to granting the authorisation to carry out the technical examination, the competent authority or delegated body shall audit the premises and the organisation of the applicant or legal person acting on behalf of the applicant. That audit shall verify whether the premises and organisation are suitable for carrying out the technical examination as regards:
Amendment 958 #
Proposal for a regulation Article 73 – paragraph 2 – point a Amendment 959 #
Proposal for a regulation Article 73 – paragraph 2 – point a (a) compliance with the requirements for distinctiveness, uniformity and stability referred to in Articles 60, 61 and 62;
Amendment 960 #
Proposal for a regulation Article 73 – paragraph 3 Amendment 961 #
Proposal for a regulation Article 73 – paragraph 4 4. On the basis of the audit referred to in paragraph 1, the competent authority, or where applicable the Agency, may recommend to the applicant, if appropriate, actions to ensure the suitability of the applicant’s premises and organisation.
Amendment 962 #
Proposal for a regulation Article 73 – paragraph 4 4. On the basis of the audit referred to in
Amendment 963 #
Proposal for a regulation Article 73 – paragraph 4 4. On the basis of the audit referred to in paragraph 1, the competent authority may recommend to the applicant, if appropriate, actions to ensure the suitability of the
Amendment 964 #
Proposal for a regulation Article 73 – paragraph 5 – subparagraph 1 Further to the authorisation and audit referred to in paragraph 1, the competent authority, or where applicable the Agency, may carry out additional audits and, where applicable, recommend to the
Amendment 965 #
Proposal for a regulation Article 73 – paragraph 5 – subparagraph 1 Further to the authorisation and audit referred to in paragraph 1, the competent authority and the Agency may carry out additional audits and, where applicable, recommend to the applicant, within a specific period of time, corrective actions concerning the applicant’s premises and the organisation.
Amendment 966 #
Proposal for a regulation Article 73 – paragraph 5 – subparagraph 1 Further to the authorisation and audit referred to in paragraph 1, the competent authority may carry out additional audits and, where applicable, recommend to the
Amendment 967 #
Proposal for a regulation Article 73 – paragraph 5 – subparagraph 2 In case the competent authority or the Agency concludes that the applicant’s premises and organisation are not suitable, it may revoke or modify the authorisation referred to in paragraph 1.
Amendment 968 #
Proposal for a regulation Article 73 – paragraph 5 – subparagraph 2 In case the competent authority or the Agency concludes that the applicant’s premises and organisation are not suitable, it may revoke or modify the authorisation referred to in paragraph 1.
Amendment 969 #
Proposal for a regulation Article 73 – paragraph 5 – subparagraph 2 In case the competent authority concludes that the
Amendment 972 #
Proposal for a regulation Article 74 – paragraph 1 – subparagraph 1 – point d (d) the establishment of quality management systems, including record of activities and
Amendment 973 #
Proposal for a regulation Article 74 – paragraph 1 – subparagraph 2 Those delegated acts shall take into account the available technical and scientific protocols, including international ones.
Amendment 974 #
Proposal for a regulation Article 75 – paragraph 1 1. Where, in the framework of the technical examination referred to in Article 71(1), an examination of the genealogical components is necessary, the results of that examination and the description of the genealogical components shall be treated as confidential, if the applicant so requests. The genealogical composition of the variety shall only be kept confidential until the variety is registered in the Union variety register or a national variety register.
Amendment 975 #
Proposal for a regulation Article 75 – paragraph 2 2. In the case of varieties of plant reproductive material intended exclusively for the production of agricultural raw materials for industrial purposes, and if so requested by the applicant, the results of the technical examination referred to in Article 71(1) and the intended uses of those varieties shall be treated as confidential. The result of the technical examination and the intended uses shall only be kept confidential until the variety is registered in the union variety register or a national variety register
Amendment 976 #
Proposal for a regulation Article 76 – title Amendment 977 #
Proposal for a regulation Article 76 – paragraph 1 Amendment 978 #
Proposal for a regulation Article 76 – paragraph 2 Amendment 979 #
Proposal for a regulation Article 76 – paragraph 2 a (new) 2a. The provisional examination report, where requested, shall be incorporated into the assessment of the value for cultivation and use.
Amendment 980 #
Proposal for a regulation Article 76 – paragraph 3 Amendment 981 #
Proposal for a regulation Article 77 – paragraph 1 1.
Amendment 982 #
Proposal for a regulation Article 77 – paragraph 1 a (new) 1a. Applicants shall be given the opportunity to visit sites where the technical examination is carried out, to be given the results of the examination, provide additional information, and discuss the results with the competent authority.
Amendment 983 #
Proposal for a regulation Article 77 – paragraph 2 2. Competent authorities shall, on reasoned request, make available the examination reports to third parties, subject to national or Union provisions on data protection and applicable rules on confidentiality. Results of Value for Cultivation and Use (VCU) are available to everyone.
Amendment 984 #
Proposal for a regulation Article 77 – paragraph 2 a (new) 2a. The competent authority shall collect any complaint that a denomination has been misused. Once a complaint has been received, the competent authority shall assess if the denomination has been misused and the reasons that have oriented the choice of the applicant to misuse the denomination. Where the assessment reveals that the applicant involuntarily misused an existing denomination, the competent authority shall make this denomination unique and distinguishable from the misused one by changing or amending it. The applicant may suggest proposals for the changed or amended denomination; Where the assessment reveals that the applicant could not have been unaware that he misused an existing denomination, the competent authority shall adopt a decision deleting registration according to Article 85 (1) (a) or (g).
Amendment 985 #
Proposal for a regulation Article 77 a (new) Article 77a Examination report and official recognised description The competent authority shall establish the examination report and the official recognised description based on the requirements of Article 57 (4).
Amendment 986 #
Proposal for a regulation Article 78 – paragraph 2 a (new) 2a. The competent authority shall collect any complaint that a denomination has been misused. When a complaint has been formulated, the competent authority shall assess if the denomination has been misused and the reasons that have oriented the choice of the registrant to misuse the denomination. Where the assessment reveals that the applicant involuntary misused an existing denomination, the competent authority shall make this denomination unique and distinguishable from the misused one by changing or amending it. The applicant may suggest proposals for the changed or amended denomination; Where the assessment reveals that the applicant could not have been unaware that he misused an existing denomination, the competent authority shall adopt a decision refusing registration as set out in article 79(2).
Amendment 987 #
Proposal for a regulation Article 79 – paragraph 1 1. If, on the basis of the procedure set out in Articles
Amendment 988 #
Proposal for a regulation Article 79 – paragraph 4 a (new) 4a. The competent authority shall register the conservation variety in the national variety register where the variety complies with the applicable requirements set out in Article 57 paragraph 4 on the basis of the procedure set out in Articles 66, 67 (with the exception of points j and l), 68, 69, 70, 76, 77a, 78.
Amendment 99 #
Proposal for a regulation Title Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL On the
Amendment 991 #
Proposal for a regulation Article 80 – paragraph 1 1. By way of derogation from Articles 66 to 79, the competent authorities shall register in their national variety registers all varieties officially accepted or registered, before the entry into force of this Regulation, in the catalogues, lists or registers established by their Member States pursuant to Article 3 of Directive 2002/53/EC, Article 3(2) of Directive 2002/55/EC, Article 7(4) of Directive 2008/90/EC and Article 5 of Directive 68/193/EEC
Amendment 992 #
Proposal for a regulation Article 80 – paragraph 1 1. By way of derogation from Articles 66 to 79, the competent authorities shall
Amendment 993 #
Proposal for a regulation Article 82 – paragraph 1 1. The validity period of the registration of a variety in a national variety register shall be
Amendment 994 #
Proposal for a regulation Article 82 – paragraph 1 1. The validity period of the registration of a variety in a national variety register shall be
Amendment 995 #
Proposal for a regulation Article 83 – paragraph 1 1. The registration of a variety in a national variety register may be renewed for further periods of
Amendment 996 #
Proposal for a regulation Article 83 – paragraph 1 1. The registration of a variety in a national variety register may be renewed for further periods of
Amendment 997 #
Proposal for a regulation Article 84 – paragraph 3 – introductory part 3. The renewal of the registration of a variety in a national variety register shall only be granted if the
Amendment 998 #
Proposal for a regulation Article 84 – paragraph 3 – point a Amendment 999 #
Proposal for a regulation Article 84 – paragraph 3 – point a (a) the variety continues complying with the requirements of Article 56, with the exception of provisions concerning satisfactory and sustainable value for cultivation and/or use under paragraph 2 (b) and (c) and, where applicable of Article 57;
source: PE-526.155
2013/12/20
ENVI
200 amendments...
Amendment 100 #
Proposal for a regulation Recital 33 (33) Varieties should
Amendment 101 #
Proposal for a regulation Recital 36 (36)
Amendment 102 #
Proposal for a regulation Recital 36 (36) In the context of the Convention on
Amendment 103 #
Proposal for a regulation Recital 37 Amendment 104 #
Proposal for a regulation Recital 37 (37) However, the varieties registered on the basis of an officially recognised description should
Amendment 105 #
Proposal for a regulation Recital 40 (40) The Union variety register should also include all varieties that are registered in the national variety registers. In this way, it will be ensured that the Union variety register offers a transparent overview of all varieties registered in the Union. In addition the EU may proactively foster the continued existence of old, rare varieties and local varieties by establishing a Europe-wide network of gene banks (‘EuropArch’), if necessary supported by European ex-situ documentation attached to the agency (‘BioEuropeana’).
Amendment 106 #
Proposal for a regulation Recital 43 (43) In order to facilitate the registration of
Amendment 107 #
Proposal for a regulation Recital 44 (44) In order to protect the commercial interests and intellectual property of professional operators, the results of the examination and the description of the genealogical components should be treated as confidential until the variety is finally registered, if the breeder so requests. For the sake of transparency, all descriptions of varieties listed in the national variety registers or in the Union variety register should be made publicly available.
Amendment 108 #
Proposal for a regulation Recital 79 Amendment 109 #
Proposal for a regulation Recital 79 – point k a (new) (ka) adoption of a list of genera and species which, after having collected scientific evidence proving that a species requires special considerations concerning its making available on the market, shall fulfil the obligations provided for in Annex II.
Amendment 110 #
Proposal for a regulation Recital 82 Amendment 111 #
Proposal for a regulation Recital 82 (82) Since the objective of this Regulation,
Amendment 112 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part This
Amendment 113 #
Proposal for a regulation Article 1 – paragraph 1 – point a Amendment 114 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) intended
Amendment 115 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) intended solely for, and maintained and disseminated by, gene banks, organisations and networks of conservation of genetic resources, including in situ on farm conservation, or persons belonging to those organisations or networks;
Amendment 116 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) exchanged in kind, or marketed in small non-commercial quantities, between persons other than professional operators.
Amendment 117 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) exchanged
Amendment 118 #
Proposal for a regulation Article 2 – paragraph 1 – point d d) exchanged
Amendment 119 #
Proposal for a regulation Article 2 – paragraph 1 – point d d) exchanged in kind between persons
Amendment 120 #
Proposal for a regulation Article 2 – paragraph 1 – point d d) exchanged in kind between
Amendment 121 #
Proposal for a regulation Article 2 – paragraph 1 – point d a (new) (da) placed on the market in a limited total quantity for end use by home gardeners only;
Amendment 122 #
Proposal for a regulation Article 2 – paragraph 1 – point d a (new) (da) produced by a farmer on their own farm, under their own name and at their own expense.
Amendment 123 #
Proposal for a regulation Article 2 – paragraph 1 – point d a (new) (da) produced by farmers on their own farm, on their own behalf and on their own account.
Amendment 124 #
Proposal for a regulation Article 2 – paragraph 1 – point d b (new) (db) which would be defined as "ornamental".
Amendment 125 #
Proposal for a regulation Article 3 – paragraph 1 – point 2 (2) ‘plant reproductive material’ means seed and other propagating material; (2a) 'seed' means seeds of plants intended for cultivation; (2b) 'other propagating material' means parts of plant(s) capable of, and intended for, producing entire plants;
Amendment 126 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 a (new) (3a) 'ornamental' means a plant which is grown primarily for a decorative purpose.
Amendment 127 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 (5)
Amendment 128 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 (5) ‘making available on the market’
Amendment 129 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 (5) ‘making available on the market’ means the holding for the purpose of sale within the Union, including offering for sale or for any other form of transfer, and the sale, distribution, import into, and export out of, the Union and other forms of transfer by a professional operator and aimed at commercial exploitation, whether free of charge or not;
Amendment 130 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 5)
Amendment 131 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 – introductory part (6) ‘professional operator’ means any natural or legal person carrying out, as a profession, at least one of the following activities with regard to plant reproductive material aimed at commercial exploitation:
Amendment 132 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 – introductory part (6)
Amendment 133 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 – introductory part (6) ‘professional operator’ means any natural or legal person
Amendment 134 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 – introductory part (6) ‘professional operator’ means any natural or legal person carrying out, as a profession, at least one of the following
Amendment 135 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 – point a Amendment 136 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 – point a Amendment 137 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 – point a Amendment 138 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 – point a (a) producing in order to directly make available on the market;
Amendment 139 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 – point b Amendment 140 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 – point b Amendment 141 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 – point c Amendment 142 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 – point c Amendment 143 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 – point c Amendment 144 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 – point d Amendment 145 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 – point d Amendment 146 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 – point e Amendment 147 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 – point e Amendment 148 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 – point f Amendment 149 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 a (new) (6a) 'home gardener' means an individual, charitable organisation or community group who undertake gardening as a leisure pursuit for purposes which may include charitable fund-raising.
Amendment 150 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 a (new) (6a) ‘final user’ means any person, acting for purposes which are outside its trade, business or profession, who acquires for its own use plants or plant products.
Amendment 151 #
Proposal for a regulation Article 3 – paragraph 1 – point 9 Amendment 152 #
Proposal for a regulation Article 3 – paragraph 1 – point 9 Amendment 153 #
Proposal for a regulation Article 3 – paragraph 1 – point 10 a (new) (10a) 'Small quantities' shall be defined as quantities no larger than those sufficient to sow or plant 0.25 ha of land at usual sowing or planting rates for the species concerned.
Amendment 154 #
Proposal for a regulation Article 3 – paragraph 1 – point 10 a (new) (10a) 'home gardener' means a private person using plant reproductive material in the garden associated with their home or in an allotment garden or equivalent.
Amendment 155 #
Proposal for a regulation Article 3 – paragraph 1 – point 10 a (new) Amendment 156 #
Proposal for a regulation Article 3 – paragraph 1 – point 10 b (new) (10b) "Own holding" shall be considered to be any holding or part thereof which is managed within the same common business entity. The seed produced shall be suitable for use on land managed within the same common business entity, where the business entity shares in the financial risks and rewards of the crop.
Amendment 157 #
Proposal for a regulation Article 3 – paragraph 1 – point 10 b (new) (10b) ‘area of adaptation’ means the region or regions, other than the region of origin, in which the variety has naturally adapted.
Amendment 158 #
Proposal for a regulation Article 4 – paragraph 1 Plant reproductive material shall be subject to no restrictions concerning its production and making available on the market, other than those laid down in this Regulation, in Directive 94/62/EC, Regulation (EC) No 2100/1994 and corresponding Member States' legislation, Regulation (EC) No 338/97, Directive 2001/18/EC, Regulation (EC) No 1829/2003, Regulation (EC) No 1830/2003, Regulation (EU) No
Amendment 159 #
Proposal for a regulation Article 5 – paragraph 1 Professional operators shall be registered in the registers referred to in Article 61 of Regulation (EC) No
Amendment 160 #
Proposal for a regulation Article 5 – paragraph 1 a (new) Professional operators marketing solely and directly to non-professional end users, such as home gardeners, shall be excluded from the requirement to register as professional operators under this Regulation.
Amendment 161 #
Proposal for a regulation Article 6 – paragraph 1 Professional operators shall ensure that plant reproductive material
Amendment 162 #
Proposal for a regulation Article 6 – paragraph 1 Professional operators shall ensure that plant reproductive material
Amendment 163 #
Proposal for a regulation Article 7 – title Specific responsibilities of professional operators
Amendment 164 #
Proposal for a regulation Article 7 – title Specific responsibilities of professional operators
Amendment 165 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part Professional operators
Amendment 166 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part Professional operators producing plant reproductive material, other than farmers producing plant reproductive material on their own farm, on their own behalf, and for their own benefit, shall:
Amendment 167 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part Professional operators
Amendment 168 #
Proposal for a regulation Article 7 – paragraph 1 – point h (h) make available to the competent authorities, on request, any contracts with third parties concerning the production of plant reproductive material.
Amendment 169 #
Proposal for a regulation Article 8 – paragraph 1 1. Professional operators shall ensure that plant reproductive material is traceable at
Amendment 170 #
Proposal for a regulation Article 8 – paragraph 1 1. Professional operators shall ensure that plant reproductive material is traceable at
Amendment 171 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 For the purpose of paragraph 1, professional operators shall keep information allowing them to identify the p
Amendment 172 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 For the purpose of paragraph 1, professional operators shall keep information allowing them to identify the persons to whom they have supplied plant reproductive material and the material concerned, unless that material has been supplied in retail to non-professional end users.
Amendment 173 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 For the purpose of paragraph 1, professional operators, with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account, and operators whose annual turnover or annual balance sheet total does not exceed EUR 2 million, shall keep information allowing them to identify the persons to whom they have supplied plant reproductive material and the material concerned, unless that material has been supplied in retail.
Amendment 174 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 1 In the case of plant reproductive material, other than forest reproductive material, professional operators, other than farmers exchanging seeds from their own farm on their own behalf and for their own benefit, shall keep records of the plant reproductive material referred to in paragraphs 2 and 3 for three years after that material has been respectively supplied to or by them. This provision shall not apply to plant reproductive material not listed in accordance with Title IV or to heterogeneous material as referred to in Article 14(3).
Amendment 175 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 1 In the case of plant reproductive material,
Amendment 176 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 2 Amendment 177 #
Proposal for a regulation Part 3 – title PLANT REPRODUCTIVE MATERIAL OTHER THAN FOREST REPRODUCTIVE MATERIAL AND MATERIAL FOR THE VEGETATIVE PROPAGATION OF THE VINE
Amendment 178 #
Proposal for a regulation Article 9 – paragraph 1 This Part shall apply to the production, with a view to making available on the market, and to the making available on the market of plant reproductive material other than forest reproductive material and material for the vegetative propagation of the vine.
Amendment 179 #
Proposal for a regulation Article 9 – paragraph 1 This Part shall apply to the
Amendment 180 #
Proposal for a regulation Article 10 – paragraph 1 – point 4 Amendment 181 #
Proposal for a regulation Article 10 – paragraph 1 – point 5 (5) ‘variety maintenance’ means the actions to ensure that a variety remains consistent with its
Amendment 182 #
Proposal for a regulation Article 10 – paragraph 1 – point 6 (6)
Amendment 183 #
Proposal for a regulation Article 10 – paragraph 1 – point 7 (7)
Amendment 184 #
Proposal for a regulation Article 10 – paragraph 1 – point 8 (8)
Amendment 185 #
Proposal for a regulation Article 10 – paragraph 1 – point 10 a (new) (10a) ‘heterogeneous material’ means plant reproductive material that does not belong to a variety as defined in point (1) of this Article, and is not a mixture of varieties;
Amendment 186 #
Proposal for a regulation Article 10 – paragraph 1 – point 10 a (new) (10 a) 'heterogeneous material' means plant reproductive material that does not belong to a variety as defined in Article 10(1), and is not a mixture of varieties or plants protected by any intellectual property right.
Amendment 187 #
Proposal for a regulation Article 10 – paragraph 1 a (new) (10a) 'heterogeneous material' means plant reproductive material that does not belong to a variety as defined in Article 10(1), and is not a mixture of varieties protected by any intellectual property right.
Amendment 188 #
Proposal for a regulation Part III – title II Amendment 189 #
Proposal for a regulation Article 11 – paragraph 1 – introductory part 1. This Title shall apply to the
Amendment 190 #
Proposal for a regulation Article 11 – paragraph 1 – point a (a) they represent a significant area of production, larger than 0,1% of the total agricultural area of the European Union;
Amendment 191 #
Proposal for a regulation Article 11 – paragraph 1 – point a (a) they represent a significant area of production exceeding 0.1% of the total Union agricultural area;
Amendment 192 #
Proposal for a regulation Article 11 – paragraph 1 – point b (b) they represent a significant value of production, larger than 0,1% of the total value of agricultural production of the European Union;
Amendment 193 #
Proposal for a regulation Article 11 – paragraph 1 – point b (b) they represent a significant
Amendment 194 #
Proposal for a regulation Article 11 – paragraph 1 – point c (c) they are
Amendment 195 #
Proposal for a regulation Article 11 – paragraph 1 – point c (c) they are
Amendment 196 #
Proposal for a regulation Article 11 – paragraph 1 – point c Amendment 197 #
Proposal for a regulation Article 11 – paragraph 1 – point d Amendment 198 #
Proposal for a regulation Article 11 – paragraph 4 a (new) (4 a) This Title shall not apply to: - Species exclusively for ornamental use; - Plant reproductive material of Annex I species intended for ornamental uses or for use solely by non-professional users, unless a higher level of control is needed for plant health purposes. - Plant reproductive material of Annex I species intended for ornamental use or marketed in small quantities to non- professional users, such as home gardeners.
Amendment 199 #
Proposal for a regulation Article 11 – paragraph 4 a (new) (4a) This Title shall not apply to propagating material of genera and species listed in Annex I, when the material: - is intended for ornamental use, or - is marketed for home gardeners. That material will be covered by Title III provisions.
Amendment 200 #
Proposal for a regulation Article 12 – paragraph 1 – introductory part 1.
Amendment 201 #
Proposal for a regulation Article 12 – paragraph 1 – introductory part 1.
Amendment 202 #
Proposal for a regulation Article 12 – paragraph 1 – point d Amendment 203 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 204 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 205 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 206 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 207 #
Proposal for a regulation Article 12 – paragraph 2 – point b Amendment 208 #
Proposal for a regulation Article 12 – paragraph 3 Amendment 209 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 210 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 211 #
Proposal for a regulation Article 12 – paragraph 4 – point b (b) it is heterogeneous material in the meaning of Article 14
Amendment 212 #
Proposal for a regulation Article 12 – paragraph 4 – point c a (new) (ca) It is seed or plant reproductive material of vegetables, ornamental plants, fruit plants, wine or aromatic or medical herbs;
Amendment 213 #
Proposal for a regulation Article 13 – title Amendment 214 #
Proposal for a regulation Article 13 – title Amendment 215 #
Proposal for a regulation Article 13 – paragraph 1 – introductory part 1. Plant reproductive material
Amendment 216 #
Proposal for a regulation Article 13 – paragraph 1 – introductory part 1. Plant reproductive material
Amendment 217 #
Proposal for a regulation Article 13 – paragraph 1 – point a (a) the registration requirements set out in Section 2, with the exception of standard material;
Amendment 218 #
Proposal for a regulation Article 13 – paragraph 1 – point b (b) the
Amendment 219 #
Proposal for a regulation Article 13 – paragraph 2 2. Paragraph 1 (a) and 1 (b) shall not apply to
Amendment 220 #
Proposal for a regulation Article 13 – paragraph 2 2. Paragraphs 1(a) and 1(b) shall not apply to
Amendment 221 #
Proposal for a regulation Article 13 – paragraph 2 2. Paragraph 1 (a) and (b) shall not apply to
Amendment 222 #
Proposal for a regulation Article 14 – paragraph 1 1. Plant reproductive material may be
Amendment 223 #
Proposal for a regulation Article 14 – paragraph 1 1. Plant reproductive material may be
Amendment 224 #
Proposal for a regulation Article 14 – paragraph 1 1. Plant reproductive material may be
Amendment 225 #
Proposal for a regulation Article 14 – paragraph 1 1. Plant reproductive material may be produced and made available on the market
Amendment 226 #
Proposal for a regulation Article 14 – paragraph 2 2. By way of derogation to paragraph 1 of this Article, rootstocks m
Amendment 229 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 1 Amendment 230 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 – introductory part Th
Amendment 231 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 – point a (a) rules on labelling and packaging to indicate to the end purchaser the region of selection of the material and the production location and date of each lot sold; rules on packaging to ensure that it is adapted to the needs of potential professional users;
Amendment 232 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 – point b (b) rules concerning description of the material, including obtaining procedures, the breeding methods and parental material used, description of the production scheme for the plant reproductive material and availability of standard samples, characteristics shared by all of the plants stemming from the material, or the constant characteristics (in field and/or harvest) but which are not necessarily shared when the material is grown using a specific production method within a specific environment and region, and also depending on the place and year of the commercialized batch of production and the availability of standard samples;
Amendment 233 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 – point c Amendment 234 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 – point d (d) establishment by the competent local or national authorities of registers for heterogeneous material, modalities for registration and content of those registers;
Amendment 235 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 2 – point e Amendment 236 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 3 Those delegated acts shall be adopted by [Office of Publications, please insert date
Amendment 237 #
Proposal for a regulation Article 14 a (new) Article 14a Making available on the market of heterogeneous material Plant reproductive material may be produced and made available on the market as heterogeneous material, registered in a national variety register referred to in Article 51, on the basis of an officially recognised description. This includes inter alia : a) Landraces, conservation varieties or selections thereof which do not comply with articles 60, 61 and 62 but provide a certain stability as regards their agronomic performance, b) Multicomponent varieties derived from open pollination (polycross) of a defined set of parental lines which do not comply with articles 60, 61 and 62 but provide a certain stability as regards their agronomic performance, c) Open pollinated varieties and populations of completely or partially outcrossing species which do not comply with articles 60, 61 and 61 but provide a certain stability as regards their agronomic performance, d) Population crosses between open pollinated populations or open pollinated varieties with high level of heterogeneity, e) Composite cross populations derived from crosses of defined parental lines and evolved in a certain environment with a high level of heterogeneity and high plasticity needed for adaptation to changing environmental conditions. 2) Heterogeneous material is obtained through methods which respect natural crossing barriers. 3) The making available on the market of heterogeneous material shall comply with the provisions of Title III of Part III of this act.
Amendment 238 #
Proposal for a regulation Article 14 a (new) Amendment 239 #
Proposal for a regulation Article 15 Amendment 240 #
Proposal for a regulation Article 15 Amendment 241 #
Proposal for a regulation Article 15 – paragraph 1 Amendment 242 #
Proposal for a regulation Article 15 a (new) Article 15a Making heterogeneous material available on the market 1. Plant reproductive material may be made available on the market as heterogeneous material, and registered in a national variety register as referred to in Article 51 on the basis of an officially recognised description. This includes inter alia a) Landraces, conservation varieties or selections thereof which do not comply with articles 60, 61 and 62 but provide a certain stability as regards their agronomic performance, b) multicomponent varieties derived from open pollination (polycross) of a defined set of parental lines which do not comply with articles 60, 61 and 62 but provide a certain stability as regards their agronomic performance, c) Open pollinated varieties and populations of completely or partially outcrossing species which do not comply with articles 60, 61 and 61 but provide a certain stability as regards their agronomic performance, d) Population crosses between open pollinated populations or open pollinated varieties with high level of heterogeneity, e) Composite cross populations derived from crosses of defined parental lines and evolved in a certain environment with a high level of heterogeneity and high plasticity needed for adaptation to changing environmental conditions. 2. Heterogeneous material is obtained through methods which respect natural crossing barriers. 3. The making available on the market of heterogeneous material shall comply with the provisions of Title III of this act.
Amendment 243 #
Proposal for a regulation Article 15 a (new) Article 15a Requirements for Niche Market Varieties 1) Plant reproductive material may be made available on the market as niche market varieties on the basis of an officially recognised description where: (a) the varieties or landraces concerned have no intrinsic value for commercial crop production, but have been developed for growing under particular conditions. A variety shall be considered as having been developed for growing under particular conditions if it has been developed for growing under particular agro-technical, climatic or pedological conditions, such as manual care or repeated harvesting. (b) it is labelled with the indication 'niche market material'. 2) The persons who produce niche market material shall keep records of the quantities of the material produced and made available on the market per genera, species or type of material. On request, they shall make those records available to the competent authorities. 3) Niche market varieties shall be sold in quantities no larger than those sufficient to sow or plant 0.25 ha of land at usual sowing or planting rates for the species concerned.
Amendment 244 #
Proposal for a regulation Article 16 – title Amendment 245 #
Proposal for a regulation Article 16 – paragraph 1 1. Plant reproductive material
Amendment 246 #
Proposal for a regulation Article 16 – paragraph 1 1.
Amendment 247 #
Proposal for a regulation Article 16 – paragraph 1 1. Plant reproductive material
Amendment 248 #
Proposal for a regulation Article 17 – paragraph 3 3. During processing, packaging, storage, transport or at delivery, lots of plant reproductive material may be split into two or more lots. In that case the professional operator shall keep records concerning the origin of the new lots except when there is no more than one intermediary between the producer and the user and all professional operators concerned supply the same local or regional markets.
Amendment 249 #
Proposal for a regulation Article 19 – paragraph 1 1. Pre-basic, basic or certified material
Amendment 250 #
Proposal for a regulation Article 19 – paragraph 1 1. Pre-basic, basic or certified material
Amendment 251 #
Proposal for a regulation Article 19 – paragraph 5 a (new) (5a) This certification and identification shall apply to those varieties entered in the European variety register. National trademarks or certification systems shall remain unaffected.
Amendment 252 #
Proposal for a regulation Article 19 – paragraph 5 a (new) (5a) This article should under no circumstances prevent the use of national or private labels and certification schemes.
Amendment 253 #
Proposal for a regulation Article 20 – paragraph - 1 (new) (-1) This article applies to potatoes and to species which are grown on more than 5% of the total agricultural area in the Union. These species are listed in Annex Ia.
Amendment 254 #
Proposal for a regulation Article 21 – paragraph 1 1. The official label
Amendment 255 #
Proposal for a regulation Article 21 – paragraph 5 – introductory part 5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out requirements,
Amendment 256 #
Proposal for a regulation Article 21 – paragraph 7 7. The Commission shall, by means of implementing acts, adopt the format(s) of the official
Amendment 257 #
Proposal for a regulation Article 22 – paragraph 1 – point b (b) the competent authority
Amendment 260 #
Proposal for a regulation Article 23 – paragraph 1 – introductory part 1. Professional operators may be authorised by the competent authority to carry out
Amendment 261 #
Proposal for a regulation Article 23 – paragraph 2 2. The authorisation referred to in paragraph 1 may be granted for particular or all genera or species, categories of plant reproductive material or activities.
Amendment 262 #
Proposal for a regulation Article 24 – paragraph 4 – point b a (new) (ba) accreditation of the professional operator's entire activity in respect of plant reproductive material, based on externally accredited quality assurance and disapplying some or all of the provisions of paragraphs 2 and 3;
Amendment 263 #
Proposal for a regulation Article 25 – paragraph 1 Where the official labels are produced by the competent authorities, as referred to in point (b) of Article 22, the competent authorities shall carry out all necessary field inspections, sampling and testing in accordance with the certification schemes, adopted pursuant to Article 20(2), to confirm compliance with the
Amendment 264 #
Proposal for a regulation Article 25 – paragraph 1 Where the official labels are produced by the competent authorities, as referred to in point (b) of Article 22, the competent authorities shall carry out all necessary field inspections, sampling and testing in accordance with the certification schemes, adopted pursuant to Article 20(2), to confirm compliance with the
Amendment 265 #
Proposal for a regulation Article 27 – title Notification of the intended
Amendment 266 #
Proposal for a regulation Article 27 – title Notification of the intended
Amendment 267 #
Proposal for a regulation Article 27 – paragraph 1 Professional operators shall inform the competent authorities in due time about their intention to
Amendment 268 #
Proposal for a regulation Article 28 – paragraph 1 Operators' labels shall be produced and
Amendment 269 #
Proposal for a regulation Article 28 – paragraph 1 Operators' labels shall be produced and affixed by the professional operator after verifying through its own inspections, sampling and testing, that the plant reproductive material complies with the
Amendment 270 #
Proposal for a regulation Article 29 – paragraph 1 1. The official label and the operator's label
Amendment 271 #
Proposal for a regulation Article 29 – paragraph 2 2. If a lot is split into more lots, a new official label or operator's label shall be issued for each lot. If several lots are merged into a new lot, a new official label or operator's label shall be issued for that new lot. These requirements shall not apply to local circulation of plant reproductive material.
Amendment 272 #
Proposal for a regulation Article 30 – title Post certification tests for pre-basic, basic and certified material with official label
Amendment 273 #
Proposal for a regulation Article 30 – paragraph 1 1. After the certification referred to in Article 19(1), the competent authorities may carry out tests on the plant reproductive material (hereinafter
Amendment 274 #
Proposal for a regulation Article 30 – paragraph 4 – introductory part 4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out rules for the post certification tests of plant reproductive material belonging to particular genera or species. Those rules shall take into account the development of scientific and technical knowledge.
Amendment 75 #
Proposal for a regulation Title 0 The Committee on environment, public health and food safety calls on the Committee on agriculture and rural development, as the committee responsible, to reject the Commission proposal.
Amendment 76 #
Proposal for a regulation Title 0 The Committee on the Environment, Public Health and Food Safety calls on the Committee on Agriculture and Rural Development, as the committee responsible, to propose that the Commission proposal be rejected.
Amendment 77 #
Proposal for a regulation Title 0 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL On the
Amendment 78 #
Proposal for a regulation Title 0 The Committee on environment, public health and food safety calls on the Committee on agriculture and rural development, as the committee responsible, to reject the Commission proposal.
Amendment 79 #
Proposal for a regulation Title 0 Proposal for a
Amendment 80 #
Proposal for a regulation Title 0 Amendment 81 #
Proposal for a regulation Recital 1 – point e Amendment 82 #
Proposal for a regulation Recital 2 (2) The basic objective of the above Directives is sustainable agricultural,
Amendment 83 #
Proposal for a regulation Recital 2 (2) The basic objective of the above Directives is sustainable agricultural, horticultural and forestry production.
Amendment 84 #
Proposal for a regulation Recital 2 (2) The basic objective of the above Directives is sustainable agricultural, horticultural and forestry production, as well as the proactive conservation of Europe’s natural species diversity. In order to ensure productivity, the health, quality and diversity of plant reproductive material is of outmost importance for agriculture, horticulture, food and feed security, and the economy in general. Moreover, to ensure sustainability, legislation should take account of the need to meet consumers' expectations, to ensure the adaptability of production to manifold agricultural, horticultural and environmental conditions, to face the challenges of climate change and to foster the protection of agro-biodiversity. In addition the EU may proactively foster the continued existence of old, rare varieties and local varieties by establishing a Europe-wide network of gene banks (‘EuropArch’), if necessary supported by European ex-situ documentation attached to the agency (‘BioEuropeana’).
Amendment 85 #
Proposal for a regulation Recital 3 (3)
Amendment 86 #
Proposal for a regulation Recital 6 (6) In order to determine the scope of the several provisions of this Regulation it is necessary to define the concepts of
Amendment 87 #
Proposal for a regulation Recital 6 (6) In order to determine the scope of the several provisions of this Regulation it is necessary to define the concepts of
Amendment 88 #
Proposal for a regulation Recital 6 a (new) (6a) Private gardeners and farmers, who use seeds and plants and produce them for their own consumption, are not covered by this Regulation. The rules laid down in this Regulation shall only apply to the marketing of plant reproductive material aimed at commercial exploitation.
Amendment 89 #
Proposal for a regulation Recital 7 (7) Given the needs of producers and the requirements for flexibility and proportionality, this Regulation should not
Amendment 90 #
Proposal for a regulation Recital 7 (7) Given the needs of producers and the requirements for flexibility and proportionality, this Regulation should not apply to reproductive material intended solely for testing, scientific and breeding purposes, to gene banks, organisations and networks devoted to the exchange and conservation of genetic resources (including on-farm conservation), or to reproductive material exchanged in kind between persons not
Amendment 91 #
Proposal for a regulation Recital 9 (9) In order to ensure transparency and
Amendment 92 #
Proposal for a regulation Recital 12 (12) Certain genera and species of plant reproductive material, with the exception of those marketed exclusively for ornamental use and those intended for sale to home gardeners, should be subject to enhanced requirements concerning their production and making available on the market due to their increased economic, health or environmental importance. That importance should be determined through the area or value of production of those genera or species, the number of professional operators or the content of substances which present a potential risk
Amendment 93 #
Proposal for a regulation Recital 13 (13) In order to ensure transparency and enable informed choices by consumers, plant reproductive material belonging to listed genera and species should only be produced or made available on the market under predefined categories. Those categories should reflect different quality levels and production stages and be named
Amendment 94 #
Proposal for a regulation Recital 14 (14) In order to ensure the widest possible availability of plant reproductive material and choices by its users, professional operators should, in principle, be able to make available on the market plant reproductive material belonging to listed genera or species under any of the categories, considering that production and marketing conditions between agricultural and horticultural species are different. However, in order to ensure food and feed security,
Amendment 95 #
Proposal for a regulation Recital 14 (14)
Amendment 96 #
Proposal for a regulation Recital 16 (16) In order to allow for informed choices by users concerning its identity and characteristics, plant reproductive material belonging to listed genera and species
Amendment 97 #
Proposal for a regulation Recital 27 (27) Plant reproductive material which is
Amendment 98 #
Proposal for a regulation Recital 30 (30) Basic requirements should be set for plant reproductive material not belonging to listed genera or species, to ensure minimum quality and identification standards for their production and making available on the market. Those requirements should also apply to plant reproductive material marketed for ornamental purposes and to propagating material intended for sale to home gardeners.
Amendment 99 #
Proposal for a regulation Recital 31 (31) In order to ensure that all varieties have access to registration and are subject to common rules and conditions rules should be established for the registration of
source: PE-526.081
2014/02/07
ENVI
200 amendments...
Amendment 275 #
Proposal for a regulation Article 30 – paragraph 4 – point a Amendment 276 #
Proposal for a regulation Article 30 – paragraph 4 – point b Amendment 277 #
Proposal for a regulation Article 31 – paragraph 1 1. Where the post certification tests show that pre-basic, basic or certified material has not been
Amendment 278 #
Proposal for a regulation Article 31 – paragraph 1 1. Where the post certification tests show that pre-basic, basic or certified material
Amendment 279 #
Proposal for a regulation Article 31 – paragraph 2 2. If it is repeatedly found, during the post certification tests, that a professional operator
Amendment 282 #
Proposal for a regulation Article 32 a (new) Amendment 284 #
Proposal for a regulation Article 33 – paragraph 1 – introductory part 1. Competent authorities may authorise the production and making available on the
Amendment 285 #
Proposal for a regulation Article 33 – paragraph 1 – point a Amendment 286 #
Proposal for a regulation Article 33 – paragraph 1 – point b Amendment 287 #
Proposal for a regulation Article 33 – paragraph 2 Amendment 288 #
Proposal for a regulation Article 33 – paragraph 3 – point c (c) requirements for the
Amendment 289 #
Proposal for a regulation Article 33 – paragraph 3 – point d (d)
Amendment 290 #
Proposal for a regulation Article 33 – paragraph 3 – point f Amendment 291 #
Proposal for a regulation Article 33 – paragraph 3 – point g Amendment 292 #
Proposal for a regulation Article 33 a (new) Article 33a Preservation mixtures 1. Preservation mixtures may only be made available on the market as standard material. 2. In the case it is not possible to make a preservation mixture available on the market as standard material, an indication of the natural environment where the preservation mixture has been harvested shall be provided. This information shall at least include: (a) the date and the place of harvest; and (b) which plant societies are concerned.
Amendment 293 #
Proposal for a regulation Article 34 – paragraph 3 – point b Amendment 294 #
Proposal for a regulation Article 34 – paragraph 3 – point c Amendment 295 #
Proposal for a regulation Article 34 – paragraph 3 – point e Amendment 296 #
Proposal for a regulation Article 34 – paragraph 6 – point b a (new) (ba) the quality requirements for plant reproductive material marketed under these provisions;
Amendment 298 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 1 – point a (a) i
Amendment 299 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 1 – point a (a) it is
Amendment 300 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 1 – point a (a) it is made available on the market
Amendment 301 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 1 – point a (a) it is made available on the market in small quantities by persons other than professional operators, or by professional operators employing no more than ten persons
Amendment 302 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 1 – point b a (new) Amendment 303 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 1 – point b a (new) (ba) it is freely reproducible;
Amendment 304 #
Proposal for a regulation Article 36 – paragraph 1 – subparagraph 1 – point b b (new) (bb) it was obtained, selected and multiplied with traditional breeding methods which respect natural crossing barriers.
Amendment 305 #
Proposal for a regulation Article 36 – paragraph 3 Amendment 306 #
Proposal for a regulation Article 36 – paragraph 3 – introductory part 3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out, with regard to the production and making available on the market of niche material
Amendment 307 #
Proposal for a regulation Article 36 – paragraph 3 – point a (a) the maximum size of packages, containers or bundles, commensurate with the needs of professional and non- professional farmers who could use it;
Amendment 308 #
Proposal for a regulation Article 36 – paragraph 3 – point b (b) requirements concerning traceability, lots and labelling of the niche market material concerned
Amendment 309 #
Proposal for a regulation Article 36 – paragraph 3 – point c a (new) (ca) rules on information on processes of multiplication used
Amendment 310 #
Proposal for a regulation Article 37 – paragraph 1 – subparagraph 1 In order to remove temporary difficulties in the general supply of plant reproductive material that may occur in a Member State, the competent authority of the Member State concerned may authorise the making available on the market of seed with a reduced germination rate, provided that such rate is reduced by less than
Amendment 311 #
Proposal for a regulation Article 37 – paragraph 4 a (new) 4a. In order to remove temporary difficulties in the general supply of plant reproductive material that may occur in a Member State, the competent authority of the Member State concerned may authorise the making available on the market of plant reproductive material with reduced quality requirements, other than the reduced germination requirements as referred to in paragraph 1, compared to the quality requirements applicable pursuant to Article 16(2). That authorisation shall be granted, on the basis of a reasoned request submitted by the professional operator concerned, for a specific period of time which shall not exceed four months, while seed imports from remaining Member States must be listed on the appropriate Member State National List. The label of the plant reproductive material made available on the market pursuant to this paragraph shall be brown. It shall state that the reproductive material in question complies with lower quality requirements than those referred to in Article 16(2).
Amendment 312 #
Proposal for a regulation Article 38 – paragraph 2 2. Plant reproductive material referred to in paragraph 1 may be made available on the market
Amendment 313 #
Proposal for a regulation Article 39 – paragraph 1 1.
Amendment 314 #
Proposal for a regulation Article 39 – paragraph 2 2. Seed referred to in paragraph 1 may be made available on the market
Amendment 315 #
Proposal for a regulation Article 40 a (new) Article 40a Maintenance of a fair national market Member States may adopt emergency measures, by means of national legislation, in the following situations. 1. Measures are needed to ensure proportionality and subsidiarity; 2. Measures are needed to ensure the availability of rare and traditional plant reproductive materials on the market; 3. Measures are needed to protect the environment or presence of agricultural biodiversity; 4. Measures are needed to protect indigenous rights and traditional ways of life. Member States shall notify the Commission and the other Member States of each measure adopted pursuant to this Article.
Amendment 317 #
Proposal for a regulation Article 42 – paragraph 1 a (new) 1a. The provisions of this regulation shall not apply to small undertakings and farms which supply local markets.
Amendment 318 #
Proposal for a regulation Article 42 a (new) Amendment 319 #
Proposal for a regulation Article 43 Amendment 320 #
Proposal for a regulation Article 43 – paragraph 1 Plant reproductive material may be imported from third countries
Amendment 321 #
Proposal for a regulation Article 43 a (new) Article 43 a Import conditions Imports to the Union of Plant reproductive material shall not be prohibited or restricted, except in one of the following cases: (a) It is prohibited by an existing trade agreement. (b) Import is explicitly prohibited by another Union act. (c) A demonstrable risk exists in relation to plant disease, invasive species or other phytosanitary risk not already present and established in the Union. (d) A demonstrable risk of consumer fraud exists. (e) Materials are being made available on the market at subsidized prices or at a price so low that it constitutes dumping, and the total commercial value exceeds 1 million Euros. (f) The PRM to be imported or its lot do not comply with the quality requirements of this Regulation for the respective species and categories and types of material.
Amendment 322 #
Proposal for a regulation Article 44 – paragraph 1 – subparagraph 1 – introductory part The Co
Amendment 323 #
Proposal for a regulation Article 46 – paragraph 3 Amendment 324 #
Proposal for a regulation Article 47 – paragraph 1 This Title shall apply to the production and making available on the market of plant reproductive material: (a) belonging to genera and species other than the ones listed in Annex I; (b) belonging to species listed in Annex I and marketed in small quantities to non- professional end users; (c) belonging to species listed in Annex I but marketed solely for ornamental use.
Amendment 325 #
Proposal for a regulation Article 47 – paragraph 1 This Title shall apply to the
Amendment 326 #
Proposal for a regulation Article 47 – paragraph 1 a (new) This Title shall also apply to propagating material of genera and species listed in Annex I, when the material: - is marketed for ornamental purposes, or - is intended for sale to home gardeners
Amendment 327 #
Proposal for a regulation Article 48 – paragraph 1 – point c (c) in the case of seeds, it shall have satisfactory germination, as appropriate for the genera and species concerned, to allow an appropriate number of plants per area after sowing, and to ensure the
Amendment 328 #
Proposal for a regulation Article 48 – paragraph 2 Amendment 329 #
Proposal for a regulation Article 48 – paragraph 3 Amendment 330 #
Proposal for a regulation Article 49 – paragraph 5 a (new) 5a. Where the plant reproductive material concerned is not more than what is typically required to cultivate one hectare, the plant reproductive material is exempted from labelling requirements provided for in this Article.
Amendment 331 #
Proposal for a regulation Article 50 Amendment 332 #
Proposal for a regulation Article 50 Amendment 333 #
Proposal for a regulation Article 50 – paragraph 1 – point c (c) the
Amendment 334 #
Proposal for a regulation Article 50 – paragraph 1 – point c (c) the
Amendment 335 #
Proposal for a regulation Article 50 – paragraph 1 – point c a (new) (ca) the variety can be shown to be commonly known to consumers from information available in the public domain.
Amendment 336 #
Proposal for a regulation Article 50 – paragraph 1 – point c a (new) (ca) the variety concerned is commonly known to consumers from information available in the public domain.
Amendment 337 #
Proposal for a regulation Article 50 – paragraph 2 – subparagraph 2 Where the variety is not protected by a plant variety right or registered pursuant to Title IV, as referred to in points (a) and (b) of paragraph 1, but has been entered in a public or private list
Amendment 338 #
Proposal for a regulation Article 50 – paragraph 2 – subparagraph 2 Where the variety is not protected by a plant variety right or registered pursuant to Title IV, as referred to in points (a) and (b) of paragraph 1, but has been entered in a public or private list
Amendment 339 #
Proposal for a regulation Article 51 – paragraph 2 Amendment 340 #
Proposal for a regulation Article 52 – paragraph 2 a (new) 2a. In addition the EU may proactively foster the continued existence of old, rare varieties and local varieties by establishing a Europe-wide network of gene banks (‘EuropArch’), if necessary supported by European ex-situ documentation attached to the agency (‘BioEuropeana’).
Amendment 341 #
Proposal for a regulation Article 53 – paragraph 1 – point b a (new) Amendment 342 #
Proposal for a regulation Article 53 – paragraph 1 – point b a (new) (ba) the method by which the variety was bred; if applicable, a statement that the variety is protected by plant breeders’ rights or any other form of intellectual property right; all these data are kept available to the public;
Amendment 343 #
Proposal for a regulation Article 53 – paragraph 1 – point b b (new) (bb) where applicable, the indication of the origin of the genetic material used and data required under the Regulation (EU) on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union [xxx]21d; 21d OJ …,….
Amendment 344 #
Proposal for a regulation Article 53 – paragraph 1 – point c (c) the name, and, where applicable, the reference number, of the
Amendment 345 #
Proposal for a regulation Article 53 – paragraph 1 – point e Amendment 346 #
Proposal for a regulation Article 53 – paragraph 1 – point f (f) the official description of the variety, or, where, applicable, the officially recognised description of the variety
Amendment 347 #
Proposal for a regulation Article 53 – paragraph 1 – point f (f) the official description of the variety, or, where
Amendment 348 #
Proposal for a regulation Article 53 – paragraph 1 – point f (f) the official description of the variety, or, where, applicable, the officially recognised description of the variety with an indication of the region
Amendment 349 #
Proposal for a regulation Article 53 – paragraph 1 – point k a (new) (ka) where applicable, the indication that the variety has been bred using non- traditional breeding methods, including an enumeration of all the methods used for obtaining that variety.
Amendment 350 #
Proposal for a regulation Article 53 – paragraph 1 – point k b (new) (kb) The genealogical components of the variety.
Amendment 351 #
Proposal for a regulation Article 54 Amendment 352 #
Proposal for a regulation Article 54 – paragraph 1 – point e Amendment 353 #
Proposal for a regulation Article 54 – paragraph 1 – point f (f) where applicable, the indication that the variety to which the clone belongs has been registered with an officially recognised description
Amendment 354 #
Proposal for a regulation Article 56 – paragraph 1 – introductory part 1.
Amendment 355 #
Proposal for a regulation Article 56 – paragraph 1 – introductory part 1.
Amendment 356 #
Proposal for a regulation Article 56 – paragraph 1 – point a (a) they bear a denomination deemed suitable pursuant to Article 64 and Article 78 (3);
Amendment 357 #
Proposal for a regulation Article 56 – paragraph 2 – introductory part 2. In order to be registered in a national variety register pursuant to Chapter IV, varieties
Amendment 358 #
Proposal for a regulation Article 56 – paragraph 2 – point a (a) they have an official description showing compliance with the requirements of distinctiveness, uniformity and stability set out in Articles 60, 61 and 62, or are provided with an officially recognised description pursuant to Article 57; the description is adapted to the variety type and mode of reproduction;
Amendment 359 #
Proposal for a regulation Article 56 – paragraph 2 – point b (b) in case they belong to genera or species with particular importance for the satisfactory development of agriculture in the Union, as referred to in paragraph 5, they
Amendment 360 #
Proposal for a regulation Article 56 – paragraph 2 – point b (b) in case they belong to genera or species with particular importance for the satisfactory development of agriculture in the Union, as referred to in paragraph 5, they
Amendment 361 #
Proposal for a regulation Article 56 – paragraph 2 – point c Amendment 362 #
Proposal for a regulation Article 56 – paragraph 2 – point c (c) in case they belong to genera or species with particular importance for the sustainable development of agriculture in the Union, as referred to in paragraph 6, they
Amendment 363 #
Proposal for a regulation Article 56 – paragraph 4 – point b (b) they do not belong to genera or species with particular importance for the
Amendment 364 #
Proposal for a regulation Article 56 – paragraph 4 – point c Amendment 365 #
Proposal for a regulation Article 56 – paragraph 4 – point c (c) in case they belong to genera or species with particular importance for the sustainable development of agriculture in the Union, as referred to in paragraph 6, they
Amendment 366 #
Proposal for a regulation Article 56 – paragraph 5 Amendment 367 #
Proposal for a regulation Article 56 – paragraph 5 Amendment 368 #
Proposal for a regulation Article 56 – paragraph 5 Amendment 369 #
Proposal for a regulation Article 56 – paragraph 6 Amendment 370 #
Proposal for a regulation Article 56 – paragraph 6 Amendment 371 #
Proposal for a regulation Article 56 – paragraph 6 Amendment 372 #
Proposal for a regulation Article 56 – paragraph 6 Amendment 373 #
Proposal for a regulation Article 57 – title Registration of varieties and heterogeneous material provided with an officially recognised description
Amendment 374 #
Proposal for a regulation Article 57 – paragraph 1 – introductory part 1. A variety or heterogeneous material may be registered in a national variety register on the basis of an officially recognised description if one of the
Amendment 375 #
Proposal for a regulation Article 57 – paragraph 1 – point a (a) in case
Amendment 376 #
Proposal for a regulation Article 57 – paragraph 1 – point a (a) in case the variety had been previously not registered in a national variety register or in the Union variety register
Amendment 377 #
Proposal for a regulation Article 57 – paragraph 1 – point a (a) in case the variety had been previously not registered in a national variety register or in the Union variety register
Amendment 378 #
Proposal for a regulation Article 57 – paragraph 1 – point b (b) in case
Amendment 379 #
Proposal for a regulation Article 57 – paragraph 1 – point b (b) in case the variety had been previously registered in any national variety register or in the Union variety register on the basis of a technical examination pursuant to Article 71
Amendment 380 #
Proposal for a regulation Article 57 – paragraph 1 – point b (b) in case the variety had been previously registered in any national variety register or in the Union variety register on the basis of a technical examination pursuant to Article 71, but has been deleted from those registers
Amendment 381 #
Proposal for a regulation Article 57 – paragraph 1 – point b a (new) (ba) in case it is heterogeneous material as set out in Article 15a;
Amendment 382 #
Proposal for a regulation Article 57 – paragraph 1 – point b a (new) (ba) in case the variety has been newly bred, it is of a species or type developed for specialised markets such as for organic production.
Amendment 383 #
Proposal for a regulation Article 57 – paragraph 1 – point b a (new) (ba) this variety has been obtained, selected and / or multiplied with traditional methods which respect natural crossing barriers.
Amendment 384 #
Proposal for a regulation Article 57 – paragraph 1 – point b b (new) (bb) in case it is a niche market variety as defined in Article 36.
Amendment 385 #
Proposal for a regulation Article 57 – paragraph 2 – introductory part 2. In order to be registered on the basis of an officially recognised description, a variety
Amendment 386 #
Proposal for a regulation Article 57 – paragraph 2 – point a Amendment 387 #
Proposal for a regulation Article 57 – paragraph 2 – point a Amendment 388 #
Proposal for a regulation Article 57 – paragraph 2 – point a Amendment 389 #
Proposal for a regulation Article 57 – paragraph 2 – point a (a) it
Amendment 390 #
Proposal for a regulation Article 57 – paragraph 2 – point c a (new) (ca) a description of that variety is known to exist in literature or is accessible as traditional knowledge of local communities within the Union.
Amendment 391 #
Proposal for a regulation Article 57 – paragraph 2 a (new) 2a. In order to be registered on the basis of an officially recognised description, heterogeneous material shall comply with the following conditions: (a) the material is identifiable and described, including the breeding procedure and parental material used; (b) the production scheme and the maintenance of the heterogeneous material is described and a sample has been made available; (c) the accuracy of the officially recognised description is confirmed by the results of an appropriate official examination by the competent authority on the basis of the sample.
Amendment 392 #
Proposal for a regulation Article 57 – paragraph 3 Amendment 393 #
Proposal for a regulation Article 57 – paragraph 3 Amendment 394 #
Proposal for a regulation Article 57 – paragraph 3 3. After the registration of a variety in a national variety register pursuant to paragraph 2(a), competent authorities may
Amendment 395 #
Proposal for a regulation Article 57 – paragraph 4 – introductory part 4.
Amendment 396 #
Proposal for a regulation Article 57 – paragraph 4 – point a (a) it is based, where available, on information from plant genetic resources authorities or from organisations recognised for that purpose by the Member States, or it is based on a description delivered by the applicant which complies with the respective technical requirement; and
Amendment 397 #
Proposal for a regulation Article 57 – paragraph 4 – point a (a) it is based, where available, on information from plant genetic resources authorities or from organisations recognised for that purpose by the Member States;
Amendment 398 #
Proposal for a regulation Article 57 – paragraph 4 – point b (b) it
Amendment 399 #
Proposal for a regulation Article 57 – paragraph 4 – point b a (new) (ba) in the case of a newly bred variety, the description delivered by the applicant is examined for correctness according to the respective technical guidance by the competent authority.
Amendment 400 #
Proposal for a regulation Article 57 – paragraph 4 – point b a (new) (ba) the hybrid material shall be identifiable and described, including the breeding scheme and parental material used.
Amendment 401 #
Proposal for a regulation Article 58 – title Amendment 402 #
Proposal for a regulation Article 58 – paragraph 1 1. For the purpose of paragraph 2(b) of Article 56, varieties shall be deemed to have a
Amendment 403 #
Proposal for a regulation Article 58 – paragraph 1 a (new) 1a. Those varieties in particular which play a significant role in connection with climate change and the environment and/or regional markets or organic farming shall be deemed to have a satisfactory value for cultivation and/or use.
Amendment 404 #
Proposal for a regulation Article 58 – paragraph 1 a (new) 1a. The design, criteria and conditions of examination shall take into account the targeted use of the variety, in particular as regards climatic and environmental conditions and/or low input or organic farming conditions.
Amendment 405 #
Proposal for a regulation Article 58 – paragraph 2 – subparagraph 1 – introductory part Member States shall adopt rules concerning the examinations to determine the
Amendment 406 #
Proposal for a regulation Article 58 – paragraph 2 – subparagraph 1 – point b a (new) (ba) resistance to pests;
Amendment 407 #
Proposal for a regulation Article 58 – paragraph 2 – subparagraph 1 – point b b (new) (bb) decreased content of undesirable substances; or
Amendment 408 #
Proposal for a regulation Article 58 – paragraph 2 – subparagraph 1 – point b c (new) (bc) increased adaptation to divergent agro-climatic environment.
Amendment 409 #
Proposal for a regulation Article 59 Amendment 410 #
Proposal for a regulation Article 60 – paragraph 1 1. For the purposes of the official description, referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be distinct, if it is clearly distinguishable, by reference to the expression of
Amendment 411 #
Proposal for a regulation Article 60 – paragraph 1 1. For the purposes of the official description, referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be distinct, if it is
Amendment 412 #
Proposal for a regulation Article 60 – paragraph 1 1. For the purposes of the official description, referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be distinct, if it is clearly distinguishable, by reference to the expression of
Amendment 413 #
Proposal for a regulation Article 60 – paragraph 2 – point a (a) that variety is included in a
Amendment 414 #
Proposal for a regulation Article 60 – paragraph 2 – point b (b) an application has been filed for registration of that variety in a
Amendment 415 #
Proposal for a regulation Article 60 – paragraph 2 – point c a (new) (ca) a description of that variety is known to exist in literature or is accessible as traditional knowledge of local communities within the Union
Amendment 416 #
Proposal for a regulation Article 61 – paragraph 1 For the purposes of the official description, referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be uniform if, subject to the variation that may be expected from the particular features of its reproduction and type, it is sufficiently uniform in the expression of those characteristics which are
Amendment 417 #
Proposal for a regulation Article 61 – paragraph 1 For the purposes of the official description, referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be uniform if, subject to the variation that may be expected from the particular features of its reproduction and type, it is sufficiently uniform in the expression of those characteristics which are included in the examination for distinctness, as well as in the expression of any other characteristics used for its official description. The respective trial designs shall take into account: a) reference varieties must be equal to the tested variety regarding the particular features of its variety type and mode of reproduction; b) in case of open pollinated varieties for which no variety protection is applied for, no more than 20 characteristics in total should be assessed, all of which should be relevant characteristics for the final user.
Amendment 418 #
Proposal for a regulation Article 61 – paragraph 1 For the purposes of the official description, referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be uniform if, subject to the variation that may be expected from the particular features of its reproduction and type or to variation within the variety, it is sufficiently uniform in the expression of those characteristics which are included in the examination for distinctness, as well as in the expression of
Amendment 419 #
Proposal for a regulation Article 61 – paragraph 1 For the purposes of the official description, referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be uniform if, subject to the variation that may be expected from the particular features of its mode of reproduction and variety type, it is sufficiently uniform in the expression of
Amendment 420 #
Proposal for a regulation Article 61 – paragraph 1 – subparagraph 1 a (new) The respective examination designs shall take into account that reference varieties must be equal to the tested variety regarding the particular features of its variety type and mode of reproduction.
Amendment 421 #
Proposal for a regulation Article 62 – paragraph 1 For the purposes of the official description referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be stable
Amendment 422 #
Proposal for a regulation Article 62 – paragraph 1 For the purposes of the official description referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be stable if the expression of those characteristics which are included in the examination for distinctness, as well as any other characteristics used for the variety description, remains fundamentally unchanged after repeated reproduction or, in the case of cycles of reproduction, at the end of each such cycle. Variations within a variety which constitute adaptations to changed environmental conditions shall be accepted in the official examination.
Amendment 423 #
Proposal for a regulation Article 62 – paragraph 1 For the purposes of the official description referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be stable if the expression of those characteristics which are included in the examination for distinctness, as well as any other characteristics used for the variety description, remains mainly unchanged after repeated reproduction or, in the case of cycles of reproduction, at the end of each such cycle, subject to the variation that may be expected from the particular features of its mode of reproduction and variety type or from local conditions.
Amendment 424 #
Proposal for a regulation Article 63 – paragraph 1 If a variety has been granted a plant variety right pursuant to Article 62 of Regulation
Amendment 425 #
Proposal for a regulation Article 63 – paragraph 1 If a variety has been granted a plant variety right pursuant to Article 62 of Regulation (EC) No 2100/1994, or pursuant to the legislation of a Member State, that variety shall be deemed to be distinct, uniform and stable, for the purpose of the official description as referred to in point (a) of Article 56(2) and (3) and to have a suitable denomination for the purposes of point (a)
Amendment 426 #
Proposal for a regulation Article 63 – paragraph 1 – subparagraph 1 a (new) If a variety is included in a national variety register pursuant to Article 51, it shall be deemed to be distinct, uniform and stable for the purpose of the recognition of the plant variety right pursuant to Regulation (EC) No 2100/1994 and shall be deemed to have a suitable denomination for the purpose of Article 63 of that Regulation.
Amendment 427 #
Proposal for a regulation Article 64 – paragraph 1 – introductory part 1. For the purposes of point (a) of Article 56(1), the denomination of a variety shall
Amendment 428 #
Proposal for a regulation Article 64 – paragraph 1 – introductory part 1. The denomination of a variety may be expressed in the form of a code or an invented name. For the purposes of point (a) of Article 56(1), the denomination of a variety shall not be deemed suitable if:
Amendment 429 #
Proposal for a regulation Article 64 – paragraph 1 – point a Amendment 430 #
Proposal for a regulation Article 64 – paragraph 1 – point b Amendment 431 #
Proposal for a regulation Article 64 – paragraph 1 – point b Amendment 432 #
Proposal for a regulation Article 64 – paragraph 1 – point c Amendment 433 #
Proposal for a regulation Article 64 – paragraph 1 – point c (c) it is identical to, or may be confused with, a variety denomination under which another variety of the same or of a closely related species is entered in a national variety register or in the Union variety register, or under which material of another variety has been made available on the market in a Member State or in a Member
Amendment 434 #
Proposal for a regulation Article 64 – paragraph 1 – point d Amendment 435 #
Proposal for a regulation Article 64 – paragraph 1 – point e Amendment 436 #
Proposal for a regulation Article 64 – paragraph 1 – point e (e) it is
Amendment 437 #
Proposal for a regulation Article 64 – paragraph 1 – point f Amendment 438 #
Proposal for a regulation Article 64 – paragraph 1 a (new) 1a. For the purposes of Article 57, where a variety is produced in an adaptation area, the denomination of that variety shall not be deemed suitable if it bears geographical references. This paragraph shall not apply where the variety in question is used as one of the products covered by Regulation (EU) No 1151/201221f. __________________ 21f OJ L 343, 14.12.2012, p. 1.
Amendment 439 #
Proposal for a regulation Article 64 – paragraph 2 2. Without prejudice to paragraphs 1 and 1a, if a variety is already registered in other national variety registers, or in the Union variety register, the denomination shall only be deemed suitable if it is identical to that appearing in those registrations.
Amendment 440 #
Proposal for a regulation Article 64 – paragraph 4 Amendment 441 #
Proposal for a regulation Article 64 – paragraph 4 Amendment 442 #
Proposal for a regulation Article 64 – paragraph 4 – introductory part 4. The Co
Amendment 443 #
Proposal for a regulation Part III – title IV – chapter III – section 2 Amendment 444 #
Proposal for a regulation Article 65 – paragraph 3 Amendment 445 #
Proposal for a regulation Article 66 – paragraph 1 1.
Amendment 446 #
Proposal for a regulation Article 66 – paragraph 2 2. The application referred to in paragraph 1 shall be submitted in writing
Amendment 447 #
Proposal for a regulation Article 67 – paragraph 1 – point k a (new) (ka) where applicable, the indication that the variety has been breed using non- traditional breeding methods, including an enumeration of all the methods used for obtaining that variety;
Amendment 448 #
Proposal for a regulation Article 67 – paragraph 1 – point m a (new) (ma) the methods and breeding techniques by which the variety was obtained;
Amendment 449 #
Proposal for a regulation Article 67 – paragraph 3 Amendment 450 #
Proposal for a regulation Article 67 – paragraph 3 Amendment 451 #
Proposal for a regulation Article 68 Amendment 452 #
Proposal for a regulation Article 68 – paragraph 1 Amendment 453 #
Proposal for a regulation Article 69 – paragraph 1 – point a (a) the content requirements laid down in Article 67
Amendment 454 #
Proposal for a regulation Article 69 – paragraph 1 – point b Amendment 455 #
Proposal for a regulation Article 69 – paragraph 1 – point b Amendment 456 #
Proposal for a regulation Article 69 – paragraph 2 Amendment 457 #
Proposal for a regulation Article 69 – paragraph 2 2. If the application does not comply with the requirements laid down in Article 67
Amendment 458 #
Proposal for a regulation Article 70 – paragraph 1 The date of application for registration shall be the date on which an application complying with the content requirements laid down in Article 67
Amendment 459 #
Proposal for a regulation Article 71 – paragraph 1 1. The description is adapted to the variety type and mode of reproduction. Where, as a result of the formal examination, the application is found to comply with the content requirements referred to in Article 67 and the format adopted pursuant to Article 68, a technical examination of the variety shall be carried out for the purpose of establishing an official description. The modes of technical examination and of establishing an official description shall take into account the variety type and mode of reproduction.
Amendment 460 #
Proposal for a regulation Article 71 – paragraph 1 1. Where, as a result of the formal examination, the application is found to comply with the content requirements referred to in Article 67
Amendment 461 #
Proposal for a regulation Article 71 – paragraph 2 – introductory part 2. The technical examination referred to in paragraph 1 shall
Amendment 462 #
Proposal for a regulation Article 71 – paragraph 2 – point b (b) where applicable, that the variety has a
Amendment 463 #
Proposal for a regulation Article 71 – paragraph 3 – subparagraph 2 Amendment 464 #
Proposal for a regulation Article 71 – paragraph 3 – subparagraph 2 a (new) On request submitted by the applicant to the competent authority, the technical examination shall be carried out under specific climatic conditions in the member state the competent authority is responsible for.
Amendment 465 #
Proposal for a regulation Article 71 – paragraph 4 4.
Amendment 466 #
Proposal for a regulation Article 71 – paragraph 5 Amendment 467 #
Proposal for a regulation Article 71 – paragraph 5 Amendment 468 #
Proposal for a regulation Article 71 – paragraph 5 5. By way of derogation from paragraph 4, the competent authority may decide that the technical examination referred to in paragraph
Amendment 472 #
Proposal for a regulation Article 73 – paragraph 1 1. The applicant, or other legal person acting on their behalf, may carry out the technical examination referred to in Article 71(1), or part of it, only if it has been authorised thereto by the competent authority.
Amendment 473 #
Proposal for a regulation Article 73 – paragraph 2 – introductory part 2. Prior to granting the authorisation to carry out the technical examination, the competent authority or delegated body shall audit the premises and the organisation of the applicant or legal person acting on behalf of the applicant. That audit shall verify whether the premises and organisation are suitable for carrying out the technical examination as regards:
Amendment 474 #
Proposal for a regulation Article 73 – paragraph 2 – point a (a) compliance with the requirements for distinctiveness, uniformity and stability referred to in Articles 60, 61 and 62;
source: PE-526.154
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History
(these mark the time of scraping, not the official date of the change)
2015-11-04Show (3) Changes | Timetravel
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CELEX:52013PC0262:EN
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2015-03-12Show (2) Changes | Timetravel
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Awaiting Council 1st reading position / budgetary conciliation convocationNew
Procedure lapsed or withdrawn |
2014-11-09Show (5) Changes
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| other |
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| procedure |
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