2023/0227(COD) | [ParlTrack]

Proposal for a regulation
Recital 42

(42) Specific obligations should be introduced for professional operators active in the area of the production with a view to marketing and marketing of PRM, to ensure their accountability, more effective official controls and proper application of this Regulation. However, the specific characteristics and limitations of micro- entreprises should be taken into consideration.

Amendment 101 #

Proposal for a regulation
Recital 42

(42) Specific, effective and proportionate obligations should be introduced for professional operators active in the area of the production and marketing of PRM, to ensure their accountability, more effective official controls and proper application of this Regulation.

Amendment 102 #

Proposal for a regulation
Recital 47

(47) The registered varieties should be further notified by the competent authorities via the EU Plant Variety Portal to the Union variety register, to ensure an overview of all varieties allowed for marketing in the Union. This notification process should be efficient and timely in order to facilitate swift and easy access for stakeholders to the data on authorised varieties.

Amendment 103 #

Proposal for a regulation
Recital 48

(48) Herbicide tolerant varieties are varieties that have been bred to be intentionally tolerant to herbicides, in order to be cultivated in combination of the use of those herbicides. If such cultivation is not done under appropriate conditions, it may lead to development of weeds resistant to those herbicides, spread of such resistance genes in the environment or to the need to increase of quantities of herbicides applied. As this Regulation aims to contribute to the sustainability of agricultural production, the competent authorities of Member States responsible for the registration of varieties and the Member States where the varieties are to be cultivated, should be able to subject the cultivation of those varieties in their territory to cultivation conditions appropriate for avoiding those undesirable effects. Moreover, where varieties have particular characteristics, other than tolerance to herbicides, that could have undesirable agronomic effects, they should also be subject to cultivation conditions, in order to address those agronomic effects. Those conditions should apply to the cultivation of those varieties for any purpose, including food, feed and other products, and not only for purposes of production and marketing of PRM. This is necessary to achieve the objectives of this Regulation to contribute to sustainable agricultural production beyond the stage of production and marketing of PRM.

Amendment 104 #

Proposal for a regulation
Recital 48

(48) Herbicide tolerant varieties are varieties that have been bred to be intentionally tolerant to herbicides, in order to be cultivated in combination of the use of those herbicides. If such cultivation is not done under appropriate conditions, it may lead to development of weeds resistant to those herbicides, spread of such resistance genes in the environment or to the need to increase of quantities of herbicides applied. As this Regulation aims to contribute to the sustainability of agricultural production, the competent authorities of Member States ~~responsible for the registration of v~~in which such varieties would be mariket~~ies~~ed should be able to subject the cultivation of those varieties in their territory to cultivation conditions appropriate for avoiding those undesirable effects. Moreover, where varieties have particular characteristics, other than tolerance to herbicides, that could have undesirable agronomic effects, they should also be subject to cultivation conditions, in order to address those agronomic effects. Those conditions should apply to the cultivation of those varieties for any purpose, including food, feed and other products, and not only for purposes of production and marketing of PRM. This is necessary to achieve the objectives of this Regulation to contribute to sustainable agricultural production beyond the stage of production and marketing of PRM.

Amendment 105 #

Proposal for a regulation
Recital 49

(49) In order to ~~contribute to the sustainability of agricultural production and~~ serve economic, environmental and broader societal needs, new varieties of ~~all~~ genera or species of agricultural crops other than vegetables to be only produced and marketed as pre- basic, basic or certified seeds or material should show an improvement compared to the other varieties of the same genera or species registered in the same national variety register, concerning certain aspects. Among those aspects are their yield, including yield stability and yield under low input conditions; tolerance/resistance to biotic stresses, including plant diseases caused by nematodes, fungi, bacteria, viruses, insects and other pests; tolerance/resistance to abiotic stresses, including adaptation to climate change conditions; more efficient use of natural resources, such as water and nutrients; reduced need for external inputs, such as plant protection products and fertilisers; characteristics that enhance the sustainability of storage, processing and distribution; and quality or nutritional characteristics (‘value for ~~sustainable~~ cultivation and use’). For the purpose of deciding on the variety registration and in order to provide sufficient flexibility to register varieties with the most desirable characteristics, those aspects should be considered for a given variety as a whole. In order to ensure that these varieties can help agricultural production to be more sustainable, their examination of the value for cultivation and use should be conducted under organic conditions, or, where competent authorities are not able to carry out an examination under organic conditions, under low-input conditions.

Amendment 106 #

Proposal for a regulation
Recital 49

(49) In order to contribute to the sustainability of agricultural production and serve economic, environmental and broader societal needs, new varieties of all genera or species should show an improvement compared to the other varieties of the same genera or species registered in the same national variety register, concerning certain agronomic, use and environmental aspects. Among those aspects are their yield, including yield stability and yield under low input conditions; tolerance/resistance to biotic stresses, including plant diseases caused by nematodes, fungi, bacteria, viruses, insects and other pests; tolerance/resistance to abiotic stresses, including adaptation to climate change conditions; more efficient use of natural resources, such as water and nutrients; reduced need for external inputs, such as plant protection products and fertilisers; characteristics that enhance the sustainability of storage, processing and distribution; and quality, technological or nutritional characteristics (‘value for sustainable cultivation and use’). For the purpose of deciding on the variety registration and in order to provide sufficient flexibility to register varieties with the most desirable characteristics, those aspects should be considered for a given variety as a whole. Given the significant resources and preparation needed for this examination, for some species it should be performed in a voluntary way. In the cases that the examination is a condition to acess the register, that examination should be carried out only by the competent authority.

Amendment 107 #

Proposal for a regulation
Recital 49

(49) In order to contribute to the sustainability of agricultural production and serve economic, environmental and broader societal needs, new varieties of all genera or species should show an improvement compared to the other varieties of the same genera or species registered in the same national variety register, concerning certain aspects. Among those aspects are their yield, including yield stability and yield under low input conditions; tolerance/resistance to biotic stresses, including plant diseases caused by nematodes, fungi, bacteria, viruses, insects and other pests; tolerance/resistance to abiotic stresses, including adaptation to climate change conditions; more efficient use of natural resources, such as water and nutrients; reduced need for external inputs, such as plant protection products and fertilisers; characteristics that enhance the sustainability of cultivation, harvesting, storage, processing ~~and~~, distribution; and use, and quality or nutritional characteristics (‘value for sustainable cultivation and use’). For the purpose of deciding on the variety registration and in order to provide sufficient flexibility to register varieties with the most desirable characteristics, those aspects should be considered for a given variety as a whole.

Amendment 108 #

Proposal for a regulation
Recital 50

(50) As organic varieties suitable for organic production as defined in Article 3 of Regulation (EU) 2018/848 are characterised by a high level of genetic and phenotypical diversity between individual reproductive units, it is appropriate that their registration is subject to adjusted DUS, and in particular as regards the requirements concerning uniformity. Furthermore, in order for that such varieties to be better adapted to the specific needs of organic production, their examination of the value for ~~sustainable~~ cultivation and use should be conducted under organic conditions.

Amendment 109 #

Proposal for a regulation
Recital 55

(55) However, there should be the possibility to carry out the technical examination for the satisfactory value for sustainable cultivation and use of a variety on the premises of the applicant and under the official supervision of the competent authority. This is necessary in order to ease the administrative burden, ensure the availability of testing facilities and reduce costs for the competent authorities. However, the competent authority should be in charge of the testing arrangements. Moreover, professional operators involved in the breeding of new varieties, and on the basis of their co-operation with the competent authorities, have proven qualified to carry out such examinations as they possess the respective expertise, knowledge and appropriate resources.deleted

Amendment 110 #

Proposal for a regulation
Recital 55

(55) ~~However, t~~There should be the possibility to carry out the technical examination for the satisfactory value for sustainable cultivation and use of a variety on the premises of the applicant and under the official supervision of the competent authority~~. This is necessary in order to ease th~~ in the voluntary system. This could ease administrative burden, ensure the availability of testing facilities and reduce costs for the competent authorities. However, the competent authority should be in charge of the testing arrangements. Moreover, professional operators involved in the breeding of new varieties, and on the basis of their co-operation with the competent authorities, have proven qualified to carry out such examinations as they possess the respective expertise, knowledge and appropriate resources. However, in the cases where the examination is a mandatory condition to acess the register, that examination should be carried out only by the competent authority

Amendment 111 #

Proposal for a regulation
Recital 56

(56) In order to ensure the credibility and high quality of the examinations on distinctness, uniformity and stability, the premises of the competent authorities where they take place should be audited by the Community Plant Variety Office (‘CPVO’).The premises of the applicants where the examination for the satisfactory value for ~~sustainable~~ cultivation and use takes place under official supervision, should be audited by the respective competent authorities, to ensure compliance with the applicable requirements.

Amendment 112 #

Proposal for a regulation
Recital 57

(57) The period of the registration of a variety should be 10 years, so as to encourage innovation in the breeding sector, and the removal from the market of old varieties and their replacement by new ones. However, that period should be 30 years for conservation varieties and for varieties of genera or species of fruit plants and vine, due to the longer time required for the completion of the productive cycle of those genera or species.

Amendment 113 #

Proposal for a regulation
Recital 60 a (new)

(60 a) Some conventionally bred varieties are already linked to patents and, in the future, new EU legislation on new genomic techniques may trigger a proliferation of varieties with patented traits. In this context, it is convenient that this regulation provides more transparency by indicating in the national and Union registers the presence of any patent covered by varieties so that breeders and farmers can make informed choices.

Amendment 114 #

Proposal for a regulation
Recital 64

(64) Regulation (EU) 2018/848 should be amended to align the definitions of ‘plant reproductive material’ and ‘heterogeneous material’ with the definitions provided for by this Regulation. Moreover, the empowerment for the Commission to adopt specific provisions for the marketing of PRM of organic heterogeneous material should be excluded from Regulation (EU) 2018/848, as all rules concerning the production and marketing of PRM should be set out in this Regulation for reasons of legal clarity.deleted

Amendment 115 #

Proposal for a regulation
Recital 64

Amendment 116 #

Proposal for a regulation
Recital 64

Amendment 117 #

Proposal for a regulation
Recital 64

(64) Regulation (EU) 2018/848 should be amended to align the definitions of ‘plant reproductive material’ ~~and ‘heterogeneous material’~~ with the definitions provided for by this Regulation. Moreover, the empowerment for the Commission to adopt specific provisions for the marketing of PRM of organic heterogeneous material should be excluded from Regulation (EU) 2018/848, as all rules concerning the production and marketing of PRM should be set out in this Regulation for reasons of legal clarity.

Amendment 118 #

Proposal for a regulation
Recital 70

(70) In order to adapt testing and requirements for the ~~sustainable~~ value of cultivation and use requirements to the potential technical and scientific developments, and the possible development of international standards, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of supplementing this Regulation with certain elements. Those consist of the necessary methodologies for the growing trials to be carried out with a view to assessing, and adopting further requirements for, ~~sustainable~~ value of cultivation and use for certain genera or species.

Amendment 119 #

Proposal for a regulation
Recital 72

(72) In order to adapt the provisions of this Regulation concerning technical examinations of varieties to the technical and scientific developments and the practical needs of competent authorities and professional operators, and follow up on the experience gained from the application of the respective rules, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of supplementing this Regulation by setting out the rules concerning the audit of the premises of professional operators to carry out technical examinations for the satisfactory value for ~~sustainable~~ cultivation and use.

Amendment 120 #

Proposal for a regulation
Recital 73

(73) In order to adapt the provisions of this Regulation concerning the examination for ~~sustainable~~ cultivation and use to the technical or scientific developments, and to any new Union policies or rules on sustainable agriculture, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of supplementing this Regulation by establishing the minimum requirements for carrying out this examination, establishing the methodologies for assessing the characteristics examined, establishing the standards for the evaluation and the reporting of the results of this examination and amending the characteristics examined.

Amendment 121 #

Proposal for a regulation
Recital 81 a (new)

(81a) The Commission should identify sources of financing to make available to the Member States with a view to setting up specialised, official EU-accredited laboratories for PRM testing which will make this assessment based on specific procedures identical to all the authorities in the Member States.

Amendment 122 #

Proposal for a regulation
Recital 85

(85) ~~In order to ensure uniform conditions for the implementation of this Regulation, implementing powers~~The Commission should be ~~confer~~empowered to ~~the Commission for deciding~~adopt specific rules on the organisation of temporary experiments to seek improved alternatives to the scope and certain provisions of this Regulation.

Amendment 123 #

Proposal for a regulation
Recital 91

(91) This Regulation should apply from 3 years after its entry into force, in order to allow the competent authorities and the professional operators to adapt to its provisions and also to provide the necessary time for the adoption of the respective delegated and implementing acts. The rules concerning the satisfactory value for ~~sustainable~~ cultivation and use of varieties of vegetables and fruit plants should however apply from 5 years after its entry into force. That additional time period is needed for the competent authorities and professional operators to make the necessary preparations and carry out the first tests in the fields complying with those new rules.

Amendment 124 #

Proposal for a regulation
Article 1 – paragraph 1

This Regulation ~~lays down rules for the production and~~applies to the production with a view to marketing and to marketing in the Union of plant reproductive material (‘PRM’), and in particular requirements for the production of PRM in the field and other sites, categories of material, identy and quality requirements, certification, labelling, packaging, imports, professional operators and the registration of varieties.

Amendment 125 #

Proposal for a regulation
Article 1 – paragraph 2

This Regulation also lays down rules concerning the conditions of cultivation of certain varieties that are tolerant to herbicides or that could have undesirable agronomic effects, including the cultivation for purposes beyond the production and marketing of PRM, for the production of food, feed and other products.

Amendment 126 #

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 3

The requirements concerning production and imports of PRM shall apply only to production with a view to its marketing in the Union.

Amendment 127 #

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 3

The requirements concerning production of PRM shall apply only to production with a view to its marketing or import of PRM in final packaging within the Union.

Amendment 128 #

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 3

The requirements concerning production of PRM shall apply only to production or import with a view to its sale on the Union market~~ing~~.

Amendment 129 #

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 3

The requirements concerning production of PRM shall apply only to production or import with a view to its marketing as PRM in the Union.

Amendment 130 #

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 3

The requirements concerning production of PRM shall apply only to production with a view to ~~its~~ marketing and importation onto the EU internal market.

Amendment 131 #

Proposal for a regulation
Article 2 – paragraph 2 – point a

(a) to ensure quality and diversity of choice for PRM, and its availability for professional operators, farmers and final users;

Amendment 132 #

Proposal for a regulation
Article 2 – paragraph 2 – point a

(a) to ensure quality, safety and diversity of choice for PRM, and its availability for professional operators and final users;

Amendment 133 #

Proposal for a regulation
Article 2 – paragraph 2 – point b

(b) to ensure ~~a equal~~proportionate conditions for the competition of the professional operators across the Union and the functioning of the internal market in PRM that recognizes the differences in scale of operaters in the market palce;

Amendment 134 #

Proposal for a regulation
Article 2 – paragraph 2 – point b

(b) to ensure ~~a equal~~proportionate conditions for the competition of the professional operators across the Union and the functioning of the internal market in PRM;

Amendment 135 #

Proposal for a regulation
Article 2 – paragraph 2 – point d

(d) to contribute to the dynamic conservation and sustainable use of plant genetic resources and agro-biodiversity;

Amendment 136 #

Proposal for a regulation
Article 2 – paragraph 2 – point e

(e) to contribute to sustainable agricultural production, adapted to the diversity of current and future projected pedoclimatic conditions;

Amendment 137 #

Proposal for a regulation
Article 2 – paragraph 2 – point f a (new)

(f a) to support innovation for the development of resilient PRM that would contribute to enhance crops that favor soil protection, such as leguminous;

Amendment 138 #

Proposal for a regulation
Article 2 – paragraph 2 – point f a (new)

(f a) to ensure adquate competation in the internal market so that PRM is available to farmers and other final users at a reasonable cost;

Amendment 139 #

Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2 – introductory part

The delegated act referred to in the first subparagraph shall add genera or species to the list in Annex I if they fulfil at least ~~two~~one of the following elements:

Amendment 140 #

Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2 – introductory part

The delegated act referred to in the first subparagraph shall add genera or species to the list in Annex I if they fulfil at least ~~two~~one of the following elements:

Amendment 141 #

Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2 – introductory part

The delegated act referred to in the first subparagraph shall add genera or species to the list in Annex I if they fulfil at least ~~two~~one of the following elements:

Amendment 142 #

Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2 – point a

(a) represent a ~~significant~~considerable area of production of PRM and a ~~significant~~considerable value of marketed PRM in the Union

Amendment 143 #

Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2 – point a

(a) represent a ~~significant~~considerable area of production of PRM and a ~~significant~~considerable value of marketed PRM in the Union

Amendment 144 #

Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2 – point b

(b) are of substantial importance for security of food and feed production in the Union, compared to other genera and species not listed in that Annex; ~~and~~or

Amendment 145 #

Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2 – point c a (new)

(c a) present an interest in term of agronomy, sustainability or nutritional characteristics.

Amendment 146 #

Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2 – point c a (new)

(ca) are of interest from an agronomic, nutritional or sustainability perspective.

Amendment 147 #

Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 3

The delegated act referred to in the first subparagraph shall remove genera or species from the list in Annex I if they no longer fulfil at least ~~two~~one of the elements set out in the second subparagraph.

Amendment 148 #

Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 3

Amendment 149 #

Proposal for a regulation
Article 2 – paragraph 4 – point a

(a) propagating material of ornamental plants as defined in Article 2 of Directive 98/56/EC and ornamental purposes of agricultural crops in the Part A of Annex I;

Amendment 150 #

Proposal for a regulation
Article 2 – paragraph 4 – point c

Amendment 151 #

Proposal for a regulation
Article 2 – paragraph 4 – point c

Amendment 152 #

Proposal for a regulation
Article 2 – paragraph 4 – point d

(d) PRM sold or transferred in any way, whether free of charge or not, between final users for their own private use and outside their commercial activities, and for theirs private use only and linked to conservation and biodiversity’s goals of the PRM;

Amendment 153 #

Proposal for a regulation
Article 2 – paragraph 4 – point d

(d) PRM for which plant variety rights have not been granted sold or transferred in any way, whether free of charge or not, between final users for their own private use and outside their commercial activities and outside the scope of ensuring their production activities;

Amendment 154 #

Proposal for a regulation
Article 2 – paragraph 4 – point d

(d) PRM sold or transferred in any way, whether free of charge or not, between final users ~~for their own private use and outside their commercial activities~~;

Amendment 155 #

Proposal for a regulation
Article 2 – paragraph 4 – point d

(d) PRM sold or transferred in any way, whether free of charge or not, between final users ~~for their own private use and outside their commercial activities~~;

Amendment 156 #

Proposal for a regulation
Article 2 – paragraph 4 – point e

(e) ~~PRM used solely for official testing, breeding, inspections, exhibition~~exceptions concerning the supply of PRM to official testing and inspection bodies; exceptions concerning the supply of PRM as grown to providers of services for processing or packaging, under the condition that the provider of services does not acquire title to the plants thus supplied and the identity of the plants is ensured; exceptions concerning the supply of PRM under certain conditions to providers of services for the production of certain agricultural raw materials, intended for industrial purposes, or seed propagation for that purpose; exceptions for PRM intended for scientific purposes, selection work, other test or trial purposes; exceptions from marketing requirements concerning plants for ~~scientific purpos~~planting not finally certified; exceptions from marketing requirements set out in the provisions of Implementing Decision (EU) 2017/478; exceptions from marketing requirements for plants for planting shown to be intended for export to third countries.

Amendment 157 #

Proposal for a regulation
Article 2 – paragraph 4 – point e

(e) PRM ~~used solely~~sold or transferred in any way, whether free of charge or not, for official testing, breeding, inspections, exhibitions or scientific purposes. including on-farm research and activities carried out by gene banks;

Amendment 158 #

Proposal for a regulation
Article 2 – paragraph 4 – point e

(e) PRM ~~used solely~~sold or transferred in any way, whether free of charge or not, for official testing, breeding, inspections, exhibitions or scientific purposes., including for on-farm research and testing;

Amendment 159 #

Proposal for a regulation
Article 2 – paragraph 4 – point e

(e) PRM ~~used solely~~sold or transferred in any way, whether free of charge or not, for official testing, breeding, inspections, exhibitions or scientific purposes, including on-farming research.

Amendment 160 #

Proposal for a regulation
Article 2 – paragraph 4 – point e

(e) PRM ~~used solely~~sold or transferred in any way, whether free of charge or not, for official testing, breeding, inspections, exhibitions or scientific purposes., including on-farm research;

Amendment 161 #

Proposal for a regulation
Article 2 – paragraph 4 – point e

(e) PRM ~~used solely~~sold or transferred in any way, whether free of charge or not, for official testing, breeding, inspections, exhibitions or scientific purposes., including on-farm research;

Amendment 162 #

Proposal for a regulation
Article 2 – paragraph 4 – point e

(e) PRM used solely for official testing, breeding, inspections, exhibitions or scientific purposes, including on-farm research.

Amendment 163 #

Proposal for a regulation
Article 2 – paragraph 4 – point e a (new)

(e a) PRM, transferred or sold by small seed producers (natural persons, smallholder farmers or micro enterprises). This PRM (i) is produced on farm for the purpose of the conservation and sustainable use of plant genetic resources and agro biodiversity, and (ii) is no F1 hybrid, and (iii) does not consist of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 2 NGT plant as defined in Article 3(8) of Regu- lation (EU) …/… (Office of Publications, please insert reference to NGT Regula- tion ...), and (iv) cannot be subject, as a whole or in genetic components, to intellectual property rights that limit their use for conservation, research, breeding, education, includ- ing on farm by a farmer who uses the PRM grown on the farm, of this variety for these objectives, (v) has no intrinsic value for commercial production and is marketed in small pack- ages.

Amendment 164 #

Proposal for a regulation
Article 2 – paragraph 4 – point e a (new)

(ea) material not intended for commercial exploitation of a variety, such as the provision of PRM to service providers, without the service provider acquiring ownership of the PRM, or the production of certain raw materials intended for industrial purposes without the PRM being made available to the market.

Amendment 165 #

Proposal for a regulation
Article 2 – paragraph 4 – point e a (new)

(e a) PRM accessed, sold or transferred in any way in small quantities as defined in Annnex IX, whether free of charge or not, for the purpose of the conservation and sustainable use of plant genetic resources and agro-biodiversity.

Amendment 166 #

Proposal for a regulation
Article 2 – paragraph 4 – point e a (new)

(ea) PRM accessed, sold or transferred in any way in small quantities as defined in Annex IX, whether free of charge or not, for the purpose of the conservation and sustainable use of plant genetic resources and agrobiodiversity.

Amendment 167 #

Proposal for a regulation
Article 2 – paragraph 4 – point e a (new)

(e a) PRM accessed, sold or transferred in any way, whether free of charge or not, for the purpose of the conservation and sustainable use of plant genetic resources and agro-biodiversity;

Amendment 168 #

Proposal for a regulation
Article 2 – paragraph 4 – point e a (new)

(e a) PRM accessed, sold or transferred in any way, whether free of charge or not, for the purpose of the conservation and sustainable use of plant genetic resources and agro-biodiversity;

Amendment 169 #

Proposal for a regulation
Article 2 – paragraph 4 – point e a (new)

(e a) PRM managed by public gene banks.

Amendment 170 #

Proposal for a regulation
Article 2 – paragraph 4 – point e b (new)

(e b) where it would restrict rights that are defined by the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) or the United Nations Declaration on the Rights of Peasants and Other People Living in Rural Areas (UNDROP).

Amendment 171 #

Proposal for a regulation
Article 2 – paragraph 4 – point e b (new)

(e b) PRM, transferred or sold by genebanks, organisations and networks outside of commercial activities for the purpose of the conservation and sustainable use of plant genetic resources and agro biodiversity;

Amendment 172 #

Proposal for a regulation
Article 2 – paragraph 4 – point e b (new)

(e b) The transfer of samples of Plant Genetic Resources for Food and Agriculture, including for breeding, training, conservation and repatriation.

Amendment 173 #

Proposal for a regulation
Article 2 – paragraph 4 – point e c (new)

(e c) where it would restrict rights that are defined by the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) or the United Nations Declara- tion on the Rights of Peasants and Other People Living in Rural Areas (UNDROP);

Amendment 174 #

Proposal for a regulation
Article 2 – paragraph 4 – point e d (new)

(e d) Wild plant seeds, including commercially marketed seeds, which are largely used for renaturation purposes.

Amendment 175 #

Proposal for a regulation
Article 2 – paragraph 4 a (new)

(4a) Preservation mixtures

Amendment 176 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – introductory part

(2) ‘professional operator’ means any ~~natural or legal person, involved professionally in one or more of the following activities in the Union concerning PRM:~~person, governed by public or private law, involved professionally in, and legally responsible for, one or more of the following activities concerning plants, plant products and other objects: (a) planting; (b) breeding; (c) production, including growing, multiplying and maintaining; (d) introduction into, and movement within and out of, the Union territory; (e) making available on the market; (f) storage, collection, dispatching and processing;

Amendment 177 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – introductory part

(2) ‘professional operator’ means any natural or legal person, involved professionally in one or more of the following activities in the Union concerning PRM:, aimed at the commercial exploitation of the PRM by the professional operator;

Amendment 178 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – introductory part

(2) ‘professional operator’ means any natural or legal person, involved professionally in one or more of the following activities in the Union concerning PRM, aimed at the commercial exploitation of the PRM by the professional operator outside of a services contract:

Amendment 179 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – introductory part

(2) ‘professional operator’ means any ~~natural or legal person, involved professionally in one or more of the following activities in the Union concerning PRM~~person, governed by public or private law, involved professionally in, and legally responsible for, one or more of the following activities concerning plants, plant products and other objects:

Amendment 180 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – introductory part

(2) ‘professional operator’ means any ~~natural or~~ legal person, involved professionally in one or more of the following activities in the Union concerning PRM aimed at professional agricultural production:

Amendment 181 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – introductory part

(2) ‘professional operator’ means any natural or legal person, involved professionally in one or more of the following activities in the Union concerning the commercial exploitation of PRM:

Amendment 182 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point a

(a) production, including growing, multiplying and maintaining;

Amendment 183 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point a

(a) production with a view to marketing;

Amendment 184 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point a

(a) p~~roduction~~lanting;

Amendment 185 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point a a (new)

(a a) planting;

Amendment 186 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point a b (new)

(a b) breeding;

Amendment 187 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point b

(b) making available on the market~~ing~~;

Amendment 188 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point b

(b) ~~market~~breeding;

Amendment 189 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point b a (new)

(b a) introduction into, and movement within and out of, the Union territory;

Amendment 190 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point c

~~(c) maintenance of varieties;~~deleted

Amendment 191 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point c

~~(c) maintenance of varieties;~~deleted

Amendment 192 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point c

Amendment 193 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point c

Amendment 194 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point d

~~(d) provision of services for identity and quality;~~deleted

Amendment 195 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point d

~~(d) provision of services for identity and quality;~~deleted

Amendment 196 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point d

(d) ~~provision of services for identity and qualit~~introduction into, and movement within and out of, the Union territory;

Amendment 197 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point e

(e) ~~preservation, storage, drying, processing, treating, packaging, sealing, labelling, sampling~~making available orn t~~esting~~he market;

Amendment 198 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point e

(e) ~~preservation, storage, drying, processing, treating, packaging, sealing, labelling, sampling or t~~storage, collection, dispatching and procestsing;

Amendment 199 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point e a (new)

(e a) Farmers carrying out activities pursuant to Article 30 shall not be considered professional operators;

Amendment 200 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point e a (new)

(e a) storage, collection, dispatching and processing;

Amendment 201 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point e a (new)

(e a) import;

Amendment 202 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point e b (new)

(e b) breeding of varieties;

Amendment 203 #

Proposal for a regulation
Article 3 – paragraph 1 – point 3

(3) ‘marketing’ means the following actions conducted by a professional operator: sale, holding with a view to sale, transfer ~~for free~~, or offering for sale or any other way of transferring or distribution aimed at the commercial exploitation of PRM to third parties within, or imported into, the Union

Amendment 204 #

Proposal for a regulation
Article 3 – paragraph 1 – point 3

(3) ‘marketing’ means the following actions conducted by a professional operator: sale, holding, ~~transfer for free,~~ or offering for sale or any other way of transferring or distribution of PRM within, or import into, the Union, aimed at the commercial exploitation of the PRM;

Amendment 205 #

Proposal for a regulation
Article 3 – paragraph 1 – point 3

(3) ‘marketing’ means the following actions conducted by a professional operator: sale, holding, ~~transfer for free,~~ or offering for sale or any other way of transferring or distribution within, or import into, the Union aimed at the commercial exploitation of the PRM;

Amendment 206 #

Proposal for a regulation
Article 3 – paragraph 1 – point 3

(3) ‘marketing’ means the following actions conducted by a professional operator: sale, holding, transfer for free, or offering for sale, including online sale, or any other way of transferring or distribution within, or import into, the Union

Amendment 207 #

Proposal for a regulation
Article 3 – paragraph 1 – point 3

Amendment 208 #

Proposal for a regulation
Article 3 – paragraph 1 – point 3

(3) ‘marketing’ means the following actions conducted by a professional operator for commercial use: sale, holding, transfer for free, or offering for sale or any other way of transferring or distribution within, or import into, the Union,

Amendment 209 #

Proposal for a regulation
Article 3 – paragraph 1 – point 3

(3) ‘marketing’ means the following commercial actions conducted by a professional operator: sale, holding, transfer for free, or offering for sale or any other way of transferring or distribution within, or import into, the Union

Amendment 210 #

Proposal for a regulation
Article 3 – paragraph 1 – point 3

(3) ‘marketing’ means the ~~following actions conducted by a professional operator: sale, holding, transfer for fre~~sale, holding with a view to sale, or offer~~ing~~ for sale orand any ~~other wa~~disposal, supply ofr transfer~~ring or distribution within, or import into, the Un~~ aimed at commercial exploitation of seed to third parties, whether or not for consideration;

Amendment 211 #

Proposal for a regulation
Article 3 – paragraph 1 – point 3

(3) ‘'marketing’' means the ~~following actions conducted by a professional operator: sale, holding, transfer for fre~~sale, holding with a view to sale, or offer~~ing~~ for sale orand any ~~other wa~~disposal, supply ofr transfer~~ring or distribution within, or import into, the Un~~ aimed at commercial exploitation of seed to third parties, whether or not for consideration.

Amendment 212 #

Proposal for a regulation
Article 3 – paragraph 1 – point 4

(4) ‘variety’ means a variety as defined in Article 5(2) of Regulation (EC) No 2100/94, other than a ‘conservation/ diversity variety’ or an ‘organic variety suitable for organic production’ ;

Amendment 213 #

Proposal for a regulation
Article 3 – paragraph 1 – point 5

~~(5) ‘clone’ means an individual plant progeny, originally derived from another single plant by vegetative reproduction, remaining genetically identical to that plant;~~deleted

Amendment 214 #

Proposal for a regulation
Article 3 – paragraph 1 – point 6

(6) ‘selected clone’ means a clone that has been selected and chosen for some special intravarietal phenotypic traits and its phytosanitary status that give the selected clone a better performance, is true to the description of the variety to which it belongs and, in the case of selected clones not belonging to a variety, it is true to the description of the species to which it belongs; applicable to vines and those species of fruit trees in which such intravarietal variability has occurred;

Amendment 215 #

Proposal for a regulation
Article 3 – paragraph 1 – point 6

(6) ‘selected clone’ means a clone that has been selected and chosen for some special intravarietal phenotypic traits and its phytosanitary status that give the selected clone a better performance, is true to the description of the variety to which it ~~belongs and, in the case of selected clones not belonging to a variety, it is true to the description of the species to which it~~ belongs;

Amendment 216 #

Proposal for a regulation
Article 3 – paragraph 1 – point 7

(7) ‘polyclonal plant reproductive material’ means ~~a group of sev~~propagating material ~~distinct individual plant progenies derived from different genotypes, each of which is true to the description of the variety to which it belongs~~obtained from a selection with the prediction of genetic gains, made through quantitative genetic tools, of a group of at least 7 genotypes from the same experimental set of a specific ancient variety, containing most of its intra- varietal diversity;

Amendment 217 #

Proposal for a regulation
Article 3 – paragraph 1 – point 8

~~(8) ‘multiclonal mixture’ means a mixture of selected clones, all belonging to the same variety or species, as appropriate, whereby each of them has been obtained through independent selection;~~deleted

Amendment 218 #

Proposal for a regulation
Article 3 – paragraph 1 – point 8

~~(8) ‘multiclonal mixture’ means a mixture of selected clones, all belonging to the same variety or sp~~deleted (This amendment applies throughout the text. Adopting it will necies~~, as appropriate, whereby each of them has been obtained through independent selection;~~sitate corresponding changes throughout.)

Amendment 219 #

Proposal for a regulation
Article 3 – paragraph 1 – point 11

(11) ‘officially recognised description’ means a ~~written~~ description ofused to describe a conservation variety, which has been recognised by a competent authority, includes the specific characteristics of the variety, and has been obtained by other means than the examination of its distinctness, uniformity and stabilitydrawn up by a public or private body with the necessary capacity and expertise to do so and which has been recognised by a competent authority as a sufficiently comprehensive description to ensure the identification and distinguishability of the conservation variety. To this end, it must include a minimum number of relevant varietal characteristics allowing it to be identified and distinguished from the other varieties;

Amendment 220 #

Proposal for a regulation
Article 3 – paragraph 1 – point 11

(11) ‘officially recognised description’ means a written description of a ~~conservation~~ variety, which has been recognised by a competent authority, includes the specific characteristics of the variety, and has been obtained by other means than the examination of its distinctness, uniformity and stability;

Amendment 221 #

Proposal for a regulation
Article 3 – paragraph 1 – point 11

Amendment 222 #

Proposal for a regulation
Article 3 – paragraph 1 – point 17

(17) ‘standard seed’ means seed, other than pre-basic, basic or certified seed, that ~~is not intended for further multiplication, and~~has been produced from pre-basic, basic, certified or standard seed, that that satisfies the respective conditions laid down in Part A of Annex III;

Amendment 223 #

Proposal for a regulation
Article 3 – paragraph 1 – point 18

(18) ‘pre-basic material’ means PRM, other than seeds, that belongs to a generation preceeding the generation of basic material, is intended for the production and certification of basic or certified material, and has been found by means of official certification or certification under official supervision to satisfy the respective conditions laid down in Part B; part C and Part E of Annex II;

Amendment 224 #

Proposal for a regulation
Article 3 – paragraph 1 – point 19

(19) ‘basic material’ means PRM, other than seed, that has been produced from pre-basic material or preceding generations of basic material, is intended for the production and certification of further generations of basic material or certified material, and has been found by means of official certification or certification under official supervision to satisfy the respective conditions laid down in Part B, part C and Part E of Annex II;

Amendment 225 #

Proposal for a regulation
Article 3 – paragraph 1 – point 19 a (new)

(19a) ‘mother plant’ means an identified plant intended for propagation

Amendment 226 #

Proposal for a regulation
Article 3 – paragraph 1 – point 19 b (new)

(19b) ‘pre-basic mother plant’ means a mother plant intended for the production of pre-basic material or of lower categories;

Amendment 227 #

Proposal for a regulation
Article 3 – paragraph 1 – point 19 c (new)

(19c) ‘pre-basic mother plant’ means a mother plant intended for the production of pre-basic material or of lower categories

Amendment 228 #

Proposal for a regulation
Article 3 – paragraph 1 – point 19 d (new)

(19d.) 'certified mother plant' means a mother plant intended for the production of certified or lower-category material;

Amendment 229 #

Proposal for a regulation
Article 3 – paragraph 1 – point 19 e (new)

(19e.) ‘standard mother plant’ means a mother plant intended for the production of standard material;

Amendment 230 #

Proposal for a regulation
Article 3 – paragraph 1 – point 20

(20) ‘certified material’ means PRM, other than seed, that has been produced from pre-basic, basic or preceding generations of certified material, and has been found by means of official certification or certification under official supervision to satisfy the respective conditions laid down in Part B, Part C and Part E of Annex II;

Amendment 231 #

Proposal for a regulation
Article 3 – paragraph 1 – point 20

Amendment 232 #

Proposal for a regulation
Article 3 – paragraph 1 – point 21

(21) ‘standard material’ means PRM other than seed, and other than pre-basic, basic or certified material, that is not intended for further multiplication, and satisfies the respective conditions laid down in Part B, Part C and Part E of Annex III;

Amendment 233 #

Proposal for a regulation
Article 3 – paragraph 1 – point 21

(21) ‘standard material’ means PRM other than seed, and other than pre-basic, basic or certified material, that ~~is not intended for further multiplication, and~~has been produced from pre- basic, basic, certified or standard material, that satisfies the respective conditions laid down in Part B of Annex III;

Amendment 234 #

Proposal for a regulation
Article 3 – paragraph 1 – point 21

(21) ‘standard material’ means PRM other than seed, and other than pre-basic, basic or certified material~~, that is not intended for further multiplication,~~ and satisfies the respective conditions laid down in Part B of Annex III;

Amendment 235 #

Proposal for a regulation
Article 3 – paragraph 1 – point 24 a (new)

(24a) 'multiplication' means the vegetative production of mother plants to obtain a sufficient number of mother plants of the same category;

Amendment 236 #

Proposal for a regulation
Article 3 – paragraph 1 – point 24 b (new)

(24b) ‘renewal of a mother plant’ means replacement of a mother plant by another plant obtained vegetatively from that plant;

Amendment 237 #

Proposal for a regulation
Article 3 – paragraph 1 – point 27 – introductory part

(27) ‘organic heterogeneous material’ means ~~a plant grouping within a single botanical taxon of the lowest known rank which:~~organic heterogeneous material as defined in Article 3(18) of Regulation (EU) 2018/848, produced in accordance with Regulation (EU) 2018/848; intended only for further use in organic production;

Amendment 238 #

Proposal for a regulation
Article 3 – paragraph 1 – point 27 – point d a (new)

(d a) does not consist of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...).

Amendment 239 #

Proposal for a regulation
Article 3 – paragraph 1 – point 27 – point d a (new)

Amendment 240 #

Proposal for a regulation
Article 3 – paragraph 1 – point 28

(28) ‘finon-professional user’ means any person acquiring~~, transferring and using PRM for~~ or using PRM for personal use and purposes other than commercial purposes or which are outside that person’s principal professional activities;

Amendment 241 #

Proposal for a regulation
Article 3 – paragraph 1 – point 28

(28) ‘final user’ means any person acquiring, transferring and using PRM for purposes which are outside that person’s principle professional activities;

Amendment 242 #

Proposal for a regulation
Article 3 – paragraph 1 – point 28

(28) ‘final user’ means any person acquiring, transferring and using PRM for purposes which are outside that person’s main professional activities;

Amendment 243 #

Proposal for a regulation
Article 3 – paragraph 1 – point 28

(28) ‘final user’ means any person acquiring~~, transferring~~ and using PRM for purposes which are outside that person’s professional activities;

Amendment 244 #

Proposal for a regulation
Article 3 – paragraph 1 – point 28

(28) ‘final user’ means any person acquiring~~, transferring~~ and using PRM for purposes which are outside that person’s professional activities;

Amendment 245 #

Proposal for a regulation
Article 3 – paragraph 1 – point 29 – introductory part

(29) ‘~~conservation~~diversity variety’ means a variety that is: (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment 246 #

Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point a

(a) traditionally grown or locally newly bred under specific local conditions in the Union, and adapted to those conditions or for use in a niche production environment or system; and

Amendment 247 #

Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point a

(a) traditionally grown or locally newly bred or developed under specific local conditions in the Union, and adapted to those conditions; and

Amendment 248 #

Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point a

(a) traditionally grown or ~~locally newly bred under specific local conditions in the Union, and adapted to those~~adapted to certain local and particular conditions; and;

Amendment 249 #

Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point a

(a) traditionally grown or ~~locally newly bred under specific local conditions in the Union, and adapted to those conditions~~newly emerged or bred with low market significance ; and

Amendment 250 #

Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point a a (new)

(aa) not an ‘F1 hybrid variety’;

Amendment 251 #

Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point a a (new)

(a a) is not an F1 hybrid;

Amendment 252 #

Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point b

(b) ~~characterised by a high level of genetic and phenotypical diversity between individual reproductive units;~~in case of generative multiplication , due to their genetic variation, can adapt to local circumstances during the growing season, as well as, when sown in the same region where the seed was produced, and

Amendment 253 #

Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point b

(b) in the case of seeds, characterised by a ~~high~~certain level of genetic and phenotypical diversity between individual reproductive units;

Amendment 254 #

Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point b

(b) characterised by ~~a high level of~~ genetic and phenotypical diversity between individual reproductive units;

Amendment 255 #

Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point b a (new)

(b a) is not a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...);

Amendment 256 #

Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point b a (new)

(b a) not complying with the levels of homogeneity and stability necessary for DUS variety registration; and

Amendment 257 #

Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point b b (new)

(b b) not consisting of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...); and

Amendment 258 #

Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point b c (new)

(b c) not subject, as a whole or in genetic components, to intellectual property rights that limit their use for conservation, research, breeding, education, including on farm by a farmer who uses the PRM grown on the farm, of this variety for these objectives;

Amendment 259 #

Proposal for a regulation
Article 3 – paragraph 1 – point 30 – point c

(c) their presence has an ~~unacceptabl~~adverse adverse impact on the quality of the PRM, and an ~~unacceptabl~~adverse economic impact as regards the use of that PRM in the Union;

Amendment 260 #

Proposal for a regulation
Article 3 – paragraph 1 – point 31

(31) ‘practically free from pests’ means ~~completely free from pests, or a situation where the presence of quality pests on the respective PRM is so low that those pests do not affect adversely the quality~~that the extent to which pests are present on the PRM is sufficiently low to ensure acceptable quality and usefulness of thate PRM;

Amendment 261 #

Proposal for a regulation
Article 3 – paragraph 1 – point 31

(31) ‘practically free from quality pests’ means ~~completely~~ free from quality pests, or a situation where the presence of quality pests on the respective PRM is so low that those pests do not affect adversely the quality of that PRM;

Amendment 262 #

Proposal for a regulation
Article 3 – paragraph 1 – point 31

(31) ‘practically free from pests’ means ~~completely~~ free from quality pests, or a situation where the presence of quality pests on the respective PRM is so low that those pests do not affect ~~advers~~excessively the quality of that PRM;

Amendment 263 #

Proposal for a regulation
Article 3 – paragraph 1 – point 31

(31) ‘practically free from pests’ means ~~completely free from pests, or~~ a situation where the presence of quality pests on the respective PRM is so low that those pests do not affect adversely the quality of that PRM;

Amendment 264 #

Proposal for a regulation
Article 3 – paragraph 1 – point 31

(31) ‘practically free from quality pests’ means ~~completely free from pests, or~~ a situation where the presence of quality pests on the respective PRM is so low that those pests do not affect adversely the quality of that PRM;

Amendment 265 #

Proposal for a regulation
Article 3 – paragraph 1 – point 34

(34) ‘off-type’ means, in relation with seed or other plants, a seed or other PRM of the crop species not corresponding to the description of the variety or species to which it is supposed to belong pursuant to this Regulation

Amendment 266 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35

(35) ‘hybrid variety’ means a variety produced as a result from the crossbreeding of two or more other varieties; 'F1 hybrid variety' means a hybrid variety which does not reproduce true to type in subsequent generations.

Amendment 267 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35

(35) ‘hybrid variety’ means a variety produced as a result from the crossbreeding of two or more ~~other~~components, namely inbred lines, single cross hybrids, double cross hybrids, top cross hybrids or individual varieties.

Amendment 268 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)

(35 a) ‘conservation and sustainable use of plant genetic resources and agro- biodiversity’ means the preservation of the genetic diversity within and between cultivated plant species, and includes both the in situ dynamic conservation, whether on farm or in garden, the ex situ conservation outside of their natural habitat, and the sustainable use of plant genetic resources and agro-biodiversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations.

Amendment 269 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)

(35 a) ‘conservation and sustainable use of plant genetic resources and agro- biodiversity’ means the preservation of the genetic diversity within and between cultivated plant species, and includes both the in situ conservation, whether on farm or in garden, the ex situ conservation outside of their natural habitat, and the sustainable use of plant genetic resources and agro-biodiversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations.

Amendment 270 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)

(35 a) dynamic conservation, enrichment and sustainable use of plant genetic diversity’ means the preservation of the genetic diversity within and between cultivated plant species, and includes both the in situ conservation, whether on farm or in garden, the ex situ conservation outside of their natural habitat, and the sustainable use of plant genetic resources and agro-biodiversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations.

Amendment 271 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)

(35a) ‘conservation and sustainable use of plant genetic resources and agrobiodiversity’ means the conservation of the genetic diversity of inter- and intra- specific cultivated plants, including both in situ, on-farm or garden conservation and ex situ conservation outside their natural habitat, and the sustainable use of plant genetic resources and agrobiodiversity.

Amendment 272 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)

(35 a) ‘NGT plant’ means plants obtained by certain new genomic techniques as defined in Article 3, point 2 of Regulation (EU) [Office of Publications, please insert reference to Regulation on plants obtained by certain new genomic techniques and their food and feed] of the European Parliament and of the Council;

Amendment 273 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)

(35 a) Breeding means all activities, practices and transfers involved in developing new plant varieties and their selection prior to application for registration.

Amendment 274 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)

(35 a) An ‘F1 hybrid variety’ means a hybrid variety that does not reproduce true to type in further generations.

Amendment 275 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)

(35 a) ‘F1 Hybrid variety’ means a hybrid variety that does not reproduce true to type in further generations;

Amendment 276 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)

(35 a) 'commercial seed' means seed of regulated species for which no varieties are registered;

Amendment 277 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)

(35 a) 'commercial seed' means seed of regulated species for which no varieties are registered.

Amendment 278 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35 b (new)

(35 b) ‘small packages’ means packages containing seed or material up to a maximum of: (i) 30 kg for cereals (ii) 10 kg for fodder plants, beet, oil and fibre plants; (iii) 5 kg for legumes; (iv) 500 g for onions, chervil, asparagus, spinach beet or chard, red beet or beetrood, turnips, water melon, gourd, marrows, carrots, radishes, scorzonera or black salsify, spinach, cornsalad or lamb's lettuce; (v) 100 g for all other species of vegetables. (vi) in the case of fruit and vine cuttings, 100 individuals with at least five useable eyes.

Amendment 279 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35 b (new)

(35 b) ‘conservation and sustainable use of plant genetic resources and agro- biodiversity’ means the preservation of the genetic diversity within and between cultivated plant species, and includes both the in situ dynamic conservation, whether on farm or in garden, the ex situ conservation outside of their natural habitat, and the sustainable use of plant genetic resources and agro-biodiversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations.

Amendment 280 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35 b (new)

(35 b) 'final packaging' means PRM in packages, bundles or containers in accordance to Article 14 intended be planted by a farmer or final user;

Amendment 281 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35 c (new)

(35 c) a ‘micro-enterprise’ is an entity as defined in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (notified under document number C(2003) 1422).

Amendment 282 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

Only PRM belonging to a variety registered in a national variety register referred to in Article 44 may be ~~produced and~~ marketed within the Union, except the following cases:

Amendment 283 #

Proposal for a regulation
Article 5 – paragraph 1 – point a

~~(a) as rootstocks, if produced and marketed with a reference, contained in an appropriate labelling, to the species to which they belong;~~deleted

Amendment 284 #

Proposal for a regulation
Article 5 – paragraph 1 – point b

(b) as organic heterogeneous material in accordance with Article 27.

Amendment 285 #

Proposal for a regulation
Article 5 – paragraph 1 – point e

(e) as seed exchanged ~~in kind~~ between farmers in accordance with Article 30;

Amendment 286 #

Proposal for a regulation
Article 5 – paragraph 1 – point h a (new)

h a) as wild plant seed, including commercially marketed seed, which is largely used for renaturalisation purposes.

Amendment 287 #

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point d a (new)

(d a) commercial seed;

Amendment 288 #

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point d a (new)

(d a) commercial seed.

Amendment 289 #

Proposal for a regulation
Article 6 – paragraph 2 – point a

(a) marketing of PRM of organic heterogeneous material in accordance with Article 27;

Amendment 290 #

Proposal for a regulation
Article 6 – paragraph 2 – point d

(d) as ~~seed~~PRM exchanged ~~in kind~~ between farmers in accordance with Article 30;

Amendment 291 #

Proposal for a regulation
Article 6 – paragraph 2 – point e a (new)

e a) wild plant seed, including commercially marketed seed, which is largely used for renaturalisation purposes.

Amendment 292 #

Proposal for a regulation
Article 7 – paragraph 1 – point b – introductory part

(b) it is ~~produced and~~ marketed:

Amendment 293 #

Proposal for a regulation
Article 7 – paragraph 1 – point b – introductory part

(b) it is ~~produced and~~ marketed:

Amendment 294 #

Proposal for a regulation
Article 7 – paragraph 1 – point b – point ii

(ii) in accordance with the requirements set out in Part A and Part D of Annex II, and its compliance with those requirements is attested by the official label referred to in Article 15(1).

Amendment 295 #

Proposal for a regulation
Article 7 – paragraph 2 – point b – point ii

(ii) in accordance with the requirements set out in Part B, Part C and Part E of Annex II, and its compliance with those requirements is attested by the official label referred to in Article 15(1).

Amendment 296 #

Proposal for a regulation
Article 7 – paragraph 3 – introductory part

3. The Commission is empowered to adopt delegated acts in accordance with Article 75, in order to amend Annex II. Those amendments shall adapt to the developments of international technical and scientific standards and ~~may~~shall concern the requirements for the following:

Amendment 297 #

Proposal for a regulation
Article 7 – paragraph 3 – point a

(a) ~~sow~~previous cropping and pisolanti~~ng, and production in the field~~on distances, of pre-basic, basic and certified seed;

Amendment 298 #

Proposal for a regulation
Article 7 – paragraph 3 – point b

~~(b) harvesting and post-harvesting of pre-basic, basic and certified seed;~~deleted

Amendment 299 #

Proposal for a regulation
Article 7 – paragraph 3 – point g

(g) production and marketing of pre- basic, basic and certified material of ~~clones,~~ selected clones~~, multiclonal mixtures and polyclonal~~ PRM;

Amendment 300 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part

The Commission may adopt implementing acts specifying the production and marketing requirements referred to in Part A ~~and Part B~~to E of Annex II for certain genera, species or categories of PRM, and, where appropriate, for certain grades, classes, generations or other sub-divisions of the category concerned. Those requirements shall concern one or more of the following elements

Amendment 301 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part

The Commission may adopt implementing acts specifying the production and marketing requirements referred to in ~~Part A and Part B of~~ Annex II for certain genera, species or categories of PRM, and, where appropriate, for certain grades, classes, generations or other sub-divisions of the category concerned. Those requirements shall concern one or more of the following elements

Amendment 302 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point c

Amendment 303 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point d

~~(d) field cultivation;~~deleted

Amendment 304 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point e

~~(e) harvesting and post-harvesting;~~deleted

Amendment 305 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point f

(f) germination rates, purity and content of other PRM, ~~moisture, vigour,~~ presence of earth or extraneous matter;

Amendment 306 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point f

(f) germination rates, purity and content of other PRM, ~~moisture, vigour,~~ presence of earth or extraneous matter;

Amendment 307 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point g

(g) internationally recognised certification methods of PRM, certification methods of PRM, including the application of bio-molecular or other technical methods, as well as their approval and use, and the listing of approved methods in the Union;

Amendment 308 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2

Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 76(2), ~~in order to adapt to~~taking into consideration the developments of the releveant international technical and scientific standards and the possible impacts on seed production availability and on small operators. It shall be proportionate to the categorie of PRM .

Amendment 309 #

Proposal for a regulation
Article 8 – paragraph 1 – point b – point ii

(ii) in accordance with the requirements set out in Part A and Part D of Annex III, and its compliance with those requirements is attested by the operator’s label referred to in Article 16.

Amendment 310 #

Proposal for a regulation
Article 8 – paragraph 2 – point b – point ii

(ii) in accordance with the requirements set out in Part B, Part C and Part E of Annex III, and its compliance with those requirements is attested by the operator’s label referred to in Article 16.

Amendment 311 #

Proposal for a regulation
Article 8 – paragraph 3

~~3. Once a year, professional operators shall submit to the competent authority a declaration concerning the quantities per species of standard seed and material they produced.~~deleted

Amendment 312 #

Irène TOLLERET, Elsi KATAINEN

Proposal for a regulation
Article 8 – paragraph 3

~~3. Once a year, professional operators shall submit to the competent authority a declaration concerning the quantities per species of standard seed and material they produced.~~deleted

Amendment 313 #

Proposal for a regulation
Article 8 – paragraph 3

~~3. Once a year, professional operators shall submit to the competent authority a declaration concerning the quantities per species of standard seed and material they produced.~~deleted

Amendment 314 #

Proposal for a regulation
Article 8 – paragraph 3

~~3. Once a year, professional operators shall submit to the competent authority a declaration concerning the quantities per species of standard seed and material they produced.~~deleted

Amendment 315 #

Proposal for a regulation
Article 8 – paragraph 4 – point a

(a) requirements for ~~sow~~previous cropping and pisolanti~~ng, and production in the field~~on distances, of standard seeds;

Amendment 316 #

Proposal for a regulation
Article 8 – paragraph 4 – point b

~~(b) requirements for harvesting and post-harvesting of standard seeds;~~deleted

Amendment 317 #

Proposal for a regulation
Article 8 – paragraph 4 – point e

~~(e) requirements for harvesting and post-harvesting of standard material;~~deleted

Amendment 318 #

Proposal for a regulation
Article 8 – paragraph 4 – point g

(g) requirements for ~~clones, selected clones, multiclonal mixtures and~~production and marketing polyclonal PRM of standard material;

Amendment 319 #

Proposal for a regulation
Article 8 – paragraph 4 a (new)

4 a. Before adopting or supplementing the delegated act mentioned in paragraph 4 concerning points (a) to (i), the Commission shall assess the implementation of the requirements, considering the outcome of their application by competent authorities and small-scale professional operators and their impact on seed production and availability.

Amendment 320 #

Proposal for a regulation
Article 8 – paragraph 4 a (new)

4 a. Before adopting or supplementing a delegated act under paragraph 4, the Commission shall assess the implementation of the requirements, considering the outcome of their application by competent authorities and small-scale professional operators and their impact on seed production and availability.

Amendment 321 #

Proposal for a regulation
Article 8 – paragraph 5

5. The Commission may adopt implementing acts specifying the production and marketing requirements referred to in Part A and Part B of Annex III for certain genera or species of standard seed or material. Those requirements shall concern one or more of the following elements: (a) specific uses of the genera, species or the types of the PRM concerned; (b) production methods of PRM, including sexual and asexual reproduction and in vitro propagation; (c) conditions for sowing or planting; (d) field cultivation; (e) harvesting and post-harvesting; (f) germination rates, purity and content of other PRM, moisture, vigour, presence of earth or extraneous matter; (g) the application of bio-molecular or other technical methods, as well as their approval and use, and the listing of approved methods in the Union; (h) the conditions for rootstocks and other parts of plants of genera or species other than those listed in Annex I, or their hybrids, if propagating material of the genus or species listed in Annex I or their hybrids is grafted onto them; (i) conditions for the production of seeds from fruit plants or vine; (j) conditions for the production of fruit plants, vine or seed potatoes from seeds. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 76(2), in order to adapt to the developments of the relevent international technical and scientific standards.deleted

Amendment 322 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1

The Commission may adopt implementing acts specifying the production and marketing requirements referred to in Part A and Part B of Annex III for certain genera or species of standard seed or material. Those requirements shall concern one or more of the following elements: (a) specific uses of the genera, species or the types of the PRM concerned; (b) production methods of PRM, including sexual and asexual reproduction and in vitro propagation; (c) conditions for sowing or planting; (d) field cultivation; (e) harvesting and post-harvesting; (f) germination rates, purity and content of other PRM, moisture, vigour, presence of earth or extraneous matter; (g) the application of bio-molecular or other technical methods, as well as their approval and use, and the listing of approved methods in the Union; (h) the conditions for rootstocks and other parts of plants of genera or species other than those listed in Annex I, or their hybrids, if propagating material of the genus or species listed in Annex I or their hybrids is grafted onto them; (i) conditions for the production of seeds from fruit plants or vine; (j) conditions for the production of fruit plants, vine or seed potatoes from seeds.deleted

Amendment 323 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1 – introductory part

The Commission may adopt implementing acts specifying the production and marketing requirements referred to in Part A ~~and Part B~~to E of Annex III for certain genera or species of standard seed or material. Those requirements shall concern one or more of the following elements:

Amendment 324 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1 – introductory part

The Commission may adopt implementing acts specifying the production and marketing requirements referred to in ~~Part A and Part B of~~ Annex III for certain genera or species of standard seed or material. Those requirements shall concern one or more of the following elements:

Amendment 325 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1 – point c

Amendment 326 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1 – point d

~~(d) field cultivation;~~deleted

Amendment 327 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1 – point e

~~(e) harvesting and post-harvesting;~~deleted

Amendment 328 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1 – point g

(g) the application of internationally recognised bio-molecular or other technical methods, as well as their approval and use, and the listing of approved methods in the Union;

Amendment 329 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2

Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 76(2), ~~in order to adapt to~~taking into the consideration the developments of the releveant international technical and scientific standards and the possible impacts on seed production availability and on small operators. It shall be proportionate to the categorie of PRM.

Amendment 330 #

Proposal for a regulation
Article 9 – title

PRequirements for the production, and marketing ~~and registration of clones, selected clones, multiclonal mixtur~~of selected clones and polyclonal PRM

Amendment 331 #

Proposal for a regulation
Article 9 – paragraph 1

1. ~~In addition to the requirements referred to in Articles 4 to 43, p~~Pre-basic, basic, certified ~~and standard~~ material of ~~clones,~~ selected clones~~, multiclonal mixtures and~~ PRM and standard material of polyclonal ~~PRM~~material shall be produced and marketed in accordance with paragraphs 2 and 3 and the requirements set out respectively in Annex II, Part C, and Annex III, Part C.

Amendment 332 #

Proposal for a regulation
Article 9 – paragraph 1

1. In addition to the requirements referred to in Articles 4 to 43, pre-basic, basic, certified and standard material of ~~clones,~~ selected clones~~, multiclonal mixtures~~ and polyclonal PRM shall be produced and marketed in accordance with paragraphs 2 and 3 and the requirements set out respectively in Annex II, Part C, and Annex III, Part C.

Amendment 333 #

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1

Clones, selected clones~~, multiclonal mixtures~~ and polyclonal PRM may ~~only be produced and marketed if they ar~~be registered by a competent authority in at least one official register for clones established by a Member State.

Amendment 334 #

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1

~~Clones, s~~Selected clones~~, multiclonal mixtures~~ and polyclonal PRM may only be produced and marketed if they are registered by a competent authority in at least one official register for ~~clones~~selected clones and polyclonal material established by a Member State.

Amendment 335 #

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2

That register shall include all elements referred to in the application for the registration of a ~~clone,~~ selected clone~~, multiclonal mixture~~ and polyclonal PRM, as set out in A~~nnex II, Part B, Part C point 2~~rticle 53a.

Amendment 336 #

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2

That register shall include all elements referred to in the application for the registration of a clone, selected clone~~, multiclonal mixture~~ and polyclonal PRM, as set out in Annex II, Part B, Part C point 2.

Amendment 337 #

Proposal for a regulation
Article 9 – paragraph 3

3. ~~Clones, s~~Selected clones~~, multiclonal mixtures~~ and polyclonal PRM shall be maintained for the purpose of preserving their identity. The persons responsible for maintenance of ~~the clones,~~ selected clones~~, multiclonal mixtures~~ and polyclonal PRM shall take all measures to be able to make them verifiable by the competent authorities or any other person, on the basis of kept records.

Amendment 338 #

Proposal for a regulation
Article 9 – paragraph 3 a (new)

3 a. Polyclonal PRM, registered in the Member States "selected clones and polyclonal material register" referred to in paragraph 2, is to be produced and marketed if it complies with all the requirements concerning standard material as referred to in Annex III Part C. Polyclonal PRM shall be accompanied by an operator’s label with the indication "Polyclonal material”, in accordance with article 17.

Amendment 339 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

A professional operator may, upon application, be authorised by the competent authority to perform all or certain activities required for certification of PRM under official supervision of the competent authority for pre-basic, basic and certified material or seeds, and to issue an official label for them after an official conclusion according to Article 15(1).

Amendment 340 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

~~A professional operator may, upon application, be authorised by the competent authority~~Member States shall certify PRM and may, upon application, grant permission to a professional operator, to perform ~~all or~~ certain activities required for certification of PRM under official supervision of the competent authority for pre-basic, basic and certified material or seeds, and to issue an official label for them.

Amendment 341 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

A professional operator may, upon application, be authorised by the competent authority to perform all or certain activities required for certification of PRM under official supervision of the competent authority for ~~pre-basic~~, basic and certified material or seeds, and to ~~issue~~print an official label for them.

Amendment 342 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point c

(c) employ qualified personnel for carrying out the sampling referred to in Annex II, or conclude contracts with ~~companies~~other professional operators, involved in the production of PRM employing qualified personnel for those activities;

Amendment 343 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point c

(c) employ qualified personnel for carrying out the sampling referred to in Annex II, or conclude contracts with companies or associations of professional operators employing qualified personnel for those activities;

Amendment 344 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point d

(d) employ specialised personnel and equipment to carry out the testing referred to in Annex II, or use seed testing laboratories employing qualified personnel for those activities;

Amendment 345 #

Proposal for a regulation
Article 10 – paragraph 2 – point a

~~(a) procedure for the application submitted by the professional operator;~~deleted

Amendment 346 #

Proposal for a regulation
Article 10 – paragraph 2 – point a

(a) procedure for the application submitted by the professional operator to the Member State concerned;

Amendment 347 #

Proposal for a regulation
Article 10 – paragraph 2 – point b

(b) specific actions to be taken by the competent authority, in order to confirm the ~~compliance with~~professional operator is capable to comply with the requirements under paragraph 1, points (a) to (g).

Amendment 348 #

Proposal for a regulation
Article 11 – paragraph 1

Where an authorised professional operator no longer fulfils the requirements set out in Article 10(1), the competent authority ~~shall~~may request that the professional operator to takes corrective actions within a specified period of time.; or

Amendment 349 #

Proposal for a regulation
Article 11 – paragraph 2

The competent authority shall without delay withdraw~~, or modify as appropriate, the authorisation,~~ the authorisation, or in the case the competent authority requested corrective measures, verify if the obligations in (1) are fullfilled as appropriate. In any case if the professional operator does not apply the corrective actions referred to in the first subparagraph within the specified period of time the authorisation shall be withdrawn. In case it is concluded that the authorisation had been granted following fraud, the competent authority shall impose the appropriate sanctions to the professional operator.

Amendment 350 #

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1

~~For the purposes of the certification under official supervision~~If a Member State grands permission to a professional operator refered in Article 10(1), the competent authorities shall, at least once per year, conduct audits to ensure that the professional operator fulfils the requirements referred to in Article 10(1).

Amendment 351 #

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1

For the purposes of the certification under official supervision, the competent authorities shall, at least once per year, conduct regular audits to ensure that the professional operator fulfils the requirements referred to in Article 10(1).

Amendment 352 #

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2

~~They shall also organise training and examinations of the personnel carrying out field inspections, sampling and testing provided for in this Regulation.~~deleted

Amendment 353 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

For the ~~purposes of the certification under official supervision,~~certification the competent authorities shall carry out official inspections, sampling and testing on a portion of the crops on the site of production and on lots of the PRM in order to confirm compliance of that material with the requirements referred to in Article 7.

Amendment 354 #

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1

The Commission may, by means of ~~implementing~~delegated acts, specify the requirements for the audits, training, examinations, inspections, sampling and testing, as referred to in paragraphs 1 and 2, with regard to particular genera or species.

Amendment 355 #

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 – introductory part

Those ~~implementing~~delegated acts may specify one or more of the following elements:

Amendment 356 #

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 – point b

(b) monitoring ~~activities~~the certification to be carried out by the competent authorities;

Amendment 357 #

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 – point c

(c) without prejudice of paragraph 1, use of particular accreditation schemes by the professional operator, and the possibility for the competent authorities to reduce the inspections, sampling and testing, and monitoring activities referred to in this Article due to the use of those schemes.

Amendment 358 #

Proposal for a regulation
Article 13 – paragraph 1

1. PRM shall be marketed in lots. The content of the varieties and species of each lot shall be sufficiently homogeneous regarding and identifiable by its users as distinct from other lots of PRM. These requirements shall not apply to PRM produced and marketed according to Articles 22, and 26 to 30.

Amendment 359 #

Proposal for a regulation
Article 13 – paragraph 1

1. PRM shall be ~~marketed in lots. The content of the varieties and species of each lot shall be sufficiently homogeneous regarding and identifiable by its users as distinct~~certified in sufficiently homogeneous lots. Each lot shall be distinguishable from all other lots ~~of PRM~~by at least a lot reference number.

Amendment 360 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1

During processing, packaging, storage, or at delivery, lots of PRM may be merged into a new lot ~~only if they~~. When merged, pre-basic, basic and certified material and seed lots have to belong to the same variety ~~and harvest year~~.

Amendment 361 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1

During processing, packaging, storage, or at delivery, lots of PRM may be merged into a new lot only if they belong to the same variety ~~and harvest year~~.

Amendment 362 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1

During processing, packaging, storage, or at delivery, lots of PRM may be merged into a new lot only if they belong to the same variety ~~and harvest year~~.

Amendment 363 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1

During processing, packaging, storage, or at delivery, lots of PRM may be merged into a new lot only if they belong to the same variety ~~and harvest year~~.

Amendment 364 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2

Where lots consisting of different certification categories are merged, the new lot shall belong to the category of the component of the lowest category. ~~The merging operation may only be undertaken in a facility and by persons authorised by the competent authority for this specific purpose~~Each lot resulting from merging operation shall undergo a new certification procedure and the professional operator shall notify the competent authority of the identity and quantity of the PRM used for merging.

Amendment 365 #

Proposal for a regulation
Article 13 – paragraph 5 a (new)

5 a. The requirements laid down in paragraph 1 to 5 shall not apply to PRM produced and marketed according to Article 26.

Amendment 366 #

Proposal for a regulation
Article 14 – paragraph 4

4. Lots of pre-basic, basic or certified PRM may be repackaged, re-labelled, and re-sealed only ~~under official control~~ by the competent authority, or by the professional operator under the official supervision of the competent authority.

Amendment 367 #

Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1

By way of derogation from paragraph 1, seeds potatoes with completed certification procedure , may be marketed from a professional operator directly to a farmer in bulk.

Amendment 368 #

Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1

By way of derogation from paragraph 1, certified or heterogeneous seeds may be marketed from a professional operator directly to a farmer in bulk.

Amendment 369 #

Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1

By way of derogation from paragraph 1, ~~seeds may be marketed from a~~the last generation of seeds before commercialization to professional operator ~~directly to a farmer~~may be marketed in bulk.

Amendment 370 #

Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 2

That professional operator shall ~~be authorized for that purpose by the competent authority. It shall~~ inform the competent authority in advance of such activity and of the lot from which such seed potatoes comes.

Amendment 371 #

Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 3

Where seed ispotatoes are loaded directly into the farmer’s machinery or trailer, the professional operator and the farmer concerned shall ensure traceability of that seed potatoes by issuing and retaining documents indicating the ~~species and~~ variety, quantity, the time of transfer and lot identification.

Amendment 372 #

Proposal for a regulation
Article 14 – paragraph 6 a (new)

6 a. The requirements laid down in paragraph 1 to 5 shall not apply to PRM produced and marketed according to Article 26.

Amendment 373 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1

The official label shall be issued by the competent authority ~~and bear a serial number given by~~or the professional operator, under the official supervision of the competent authority, and bear a serial number given by the competent authority or the professional operator, under the official supervision of the competent authority.

Amendment 374 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2 – point a

(a) the competent authority who issued the official label, if so requested by the professional operator, or if the professional operator is not authorised to carry out certification under official supervision, by the competent authority in accordance with Article 10; or

Amendment 375 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2 – point a

(a) the competent authority, if so requested by the professional operator, or if the professional operator is not authorised to ~~carry out certification~~print official labels under official supervision, by the competent authority in accordance with Article 10; or

Amendment 376 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2 – point b

(b) the professional operator, under the official supervision of the competent authority, where the professional operator is authorised to ~~carry out certification under~~print official labels official supervision in accordance with Article 10.

Amendment 377 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2 – point b a (new)

(b a) the third party acting under the responsibility of the professional operator according to (b).

Amendment 378 #

Proposal for a regulation
Article 15 – paragraph 6

6. By way of derogation from paragraphs 1 to 5, pre-basic, basic material and seed basic ~~material and seed and certified material an~~and certified seed, imported from third countries pursuant to Article 39, shall be marketed in the Union with the respective OECD label that was accompanying them at import.

Amendment 379 #

Proposal for a regulation
Article 16 – paragraph 2

The operator’'s label shall be issued, printed and affixed, on the outside of a bundle, package or container by the professional operator, or by a person acting under the responsibility of the professional opearator~~, on the outside of a bundle, package or containe~~. The information that needs to be included in the operator’s label may also directly be printed on the bundle, package or container by the professional operator, or by a person acting under the responsibility of the professional operator.

Amendment 380 #

Proposal for a regulation
Article 16 – paragraph 2

The operator’s label shall be issued, and printed and in the case of seeds also affixed by the professional operator, or by a person acting under the responsibility of the professional opeartor, on the outside of a ~~bundle,~~ package or container.

Amendment 381 #

Proposal for a regulation
Article 16 – paragraph 2

The operator’s label shall be issued, printed and affixed by the professional operator, or by a person acting under the responsibility of the professional opeartor, on the outside of a plant bundle, package or container.

Amendment 382 #

Proposal for a regulation
Article 17 – paragraph 2

2. The official label and the operator’s label shall be legible, indelible, not modifiable if tampered with, printed on one side, not having been used previously, and easily visible. It shall indicate in a visible manner reference to any existing intelectual property rigths on the marketed variety.

Amendment 383 #

Proposal for a regulation
Article 17 – paragraph 2

2. The official label and the operator’s label shall be legible, indelible, not modifiable if tampered with, printed on one side, made of untearable material unless it is an adhesive label, not having been used previously, and easily visible.

Amendment 384 #

Proposal for a regulation
Article 17 – paragraph 3

3. Any space of the official label or the operator’s label apart from the elements mentioned in paragraph 4, may be used for additional information by the competent authority. Such information shall be presented in letters not larger than those used for the content of the official label or the operator’s label as referred to in paragraph 4. That additional information shall be strictly factual, it shall not represent advertising material, and shall be related only to the production and marketing requirements or to labelling requirements ~~for genetically modified organisms or category 1 NGT plants as defined in Article 3(7) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...).~~ as specified in other relevant EU legislation.

Amendment 385 #

Proposal for a regulation
Article 17 – paragraph 3

3. Any space of the official label or the operator’s label apart from the elements mentioned in paragraph 4, ~~may~~shall be used for additional information by the competent authority. Such information shall be presented in letters not larger than those used for the content of the official label or the operator’s label as referred to in paragraph 4. That additional information shall be strictly factual, it shall not represent advertising ~~material~~information, and shall be related only to the production and marketing requirements or to labelling ~~requirements for~~information on genetically modified organisms or category 1 NGT plants as defined in Article 3(7) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...). .

Amendment 386 #

Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1 – point a

(a) the official label referred to in Article 15(1), including a mandatory reference to any intellectual property rights covering the variety, its components, characteristics and development process, including where applicable the number of any relevant patent(s), as well as an indication if the variety is an F1 hybrid;

Amendment 387 #

Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1 – point a

(a) the official label referred to in Article 15(1), including mandatory reference to existing intellectual property rights covering the variety, its components, characteristics or development process, when known ;

Amendment 388 #

Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1 – point a a (new)

(a a) the label for polyclonal material referred to in Article 9 (4);

Amendment 389 #

Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1 – point b

(b) the operator’s label referred to in Article 16 including a mandatory reference to any intellectual property rights covering the variety, its components, characteristics and development process, including where applicable the number of any relevant patent(s), as well as an indication if the variety is an F1 hybrid;

Amendment 390 #

Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1 – point b

(b) the operator’s label referred to in Article 16, including mandatory reference to existing intellectual property rights covering the variety, its components, characteristics or development process, when known ;

Amendment 391 #

Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1 – point h

~~(h) the label for the PRM marketed by certain gene banks, organisations and networks referred to in Article 29;~~deleted

Amendment 392 #

Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1 – point h

~~(h) the label for the PRM marketed by certain gene banks, organisations and networks referred to in Article 29;~~deleted

Amendment 393 #

Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1 – point n a (new)

(n a) The label for PRM of organic heterogeneous material referred to in Article 27.

Amendment 394 #

Proposal for a regulation
Article 18 – paragraph 1

ThAt least one official label ~~and th~~or one operator’s label shall be issued for each lot.

Amendment 395 #

Proposal for a regulation
Article 19 – paragraph 1 – point b

(b) the PRM concerned is withdrawn from the market or is used as material other than PRM with a view to its marketing;

Amendment 396 #

Proposal for a regulation
Article 19 – paragraph 1 – point d

(d) the professional operator ismay be sanctioned by additional means to the withdrawal or modification of the authorisation referred to in Article 11.

Amendment 397 #

Proposal for a regulation
Article 20 – paragraph 1

1. PRM belonging to the genera or species as listed in Annex IV may only be produced and marketed as pre-basic, basic or certified seeds or material, except for PRM marketed in accordance with Articles 22, 26 or 27.

Amendment 398 #

Proposal for a regulation
Article 20 – paragraph 1

Amendment 399 #

Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 4

The delegated act referred to in the first subparagraph shall remove a genus or a species from Annex IV, if one of the conditions set out in the second subparagraph, point (b), points (i) and (ii), is no longer fulfilled. At the request of a Member State, the Commission may authorise the addition or removal of a genus or species listed in Annex IV for the marketing of PRM on its territory. This request shall be based on an assessment including the conditions described in the second paragraph.

Amendment 400 #

Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 4

The delegated act referred to in the first subparagraph shall remove a genus or a species from Annex IV, if one of the conditions set out in the second subparagraph, point (b), points (i) and (ii), is no longer fulfilled, at the request of a Member State, the Commission may authorise the addition or removal of a genus or species listed in Annex IV for the marketing of PRM on its territory. This request shall be based on an assessment including the conditions described in the second paragraph.

Amendment 401 #

Proposal for a regulation
Article 20 – paragraph 2 a (new)

2 a. At the request of a Member State, the Commission may authorize the addition or removal of a genus or species listed in Annex IV for the marketing of PRM on its territory. This request shall be based on an assessment taking into account elements listed in paragraph 2.

Amendment 402 #

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1

Mixtures of certified seed or mixtures of standard seed of various genera or species listed in Part A of Annex I and complying with the requirements of Articles 5 to 8, ~~as well as of different varieties of those genera or species~~together with seed of genera or species not listed in that Annex as well as of different varieties of those genera or species and mixtures of different varieties of standard seed of vegetables listed in Part B of Annex I , may be produced and marketed in the Union, if they fullfill the requirements of this Article.

Amendment 403 #

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1

Mixtures of certified seed or mixtures of standard seed of various genera or species listed in Part A of Annex I, whether or not in combination with commercial seed and complying with the requirements of Articles 5 to 8, as well as of different varieties of those genera or species, may be produced and marketed in the Union, if they fullfill the requirements of this Article.

Amendment 404 #

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1

Mixtures of certified seed or mixtures of standard seed of various genera or species listed in Part A of Annex I whether or not in combination with commercial seed and complying with the requirements of Articles 5 to 8, as well as of different varieties of those genera or species, may be produced and marketed in the Union, if they fullfill the requirements of this Article.

Amendment 405 #

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 2 – point b

(b) an operator’s label, in the case where the mixture consists only of standard seed, or of certified and standard seed and/or commercial seed.

Amendment 406 #

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 2 – point b

(b) an operator’s label, in the case where the mixture consists only of standard seed, or of certified and standard seed and/or commercial seed.

Amendment 407 #

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 2 – point b

(b) an operator’s label~~, in the case where the mixture consists only of standard seed, or of certified and standard seed~~ all other cases.

Amendment 408 #

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 3

For the purposes of the second subparagraph, point (a), the professional operators shall submit to the competent authority the list of constituent varieties and commercial seed components of the mixture and their ratios, for verification of eligibility of those varieties.

Amendment 409 #

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 3

For the purposes of the second subparagraph, point (a), the professional operators shall submit to the competent authority the list of constituent varieties of the mixture and commercial seed components and their ratios, for verification of eligibility of those varieties.

Amendment 410 #

Proposal for a regulation
Article 22

Article 22 Preservation mixtures 1. By way of derogation from Article 21(1), Member States may authorise the production and marketing of a mixture of seeds of various genera or species listed in Part A of Annex I, as well as of different varieties of those genera or species, together with seeds of genera or species of other Parts of that Annex, or of genera or species not listed in that Annex, if such a mixture fulfils all of the following conditions: (a) it contributes to the conservation of genetic resources, or the restoration of the natural environment; and (b) it is naturally associated with a particular area (‘source area’) contributing to the conservation of genetic resources or the restoration of the natural environment; (c) it complies with the requirements of Annex V. Such mixture constitutes a ‘preservation mixture’ and this shall be mentioned on its label. 2. The Commission is empowered to adopt a delegated act, in accordance with Article 75, amending Annex V concerning the following elements: (a) authorisation requirements for mixtures of seeds collected directly from a natural place belonging to a defined source area, for the conservation and restoration of the natural environment (directly harvested preservation mixtures); (b) authorisation requirements for crop- grown preservation mixtures; (c) use and content of certain species; (d) requirements on sealing and packaging; (e) requirements for the authorisation of the professional operators. Those amendments shall be based on the experience gathered by the implementation of this Article, and any technical and scientific developments and the improvement of the quality and identification of preservation mixtures. They may concern particular genera or species only. 3. Professional operators shall report to the respective competent authorities, for each production season, the amount of preservation mixtures produced and marketed by them. The Member States shall report on request to the Commission and to the other Member States the amount of preservation mixtures produced and marketed in their territory and, where applicable, the names of competent authorities responsible for plant genetic resources or of organisations recognised for this purpose.deleted

Amendment 411 #

Proposal for a regulation
Article 22 – paragraph 1

1. By way of derogation from Article 21(1), Member States may authorise the production and marketing of a mixture of seeds of various genera or species listed in Part A of Annex I, as well as of different varieties of those genera or species, together with seeds of genera or species of other Parts of that Annex, or of genera or species not listed in that Annex, if such a mixture fulfils all of the following conditions: (a) it contributes to the conservation of genetic resources, or the restoration of the natural environment; and (b) it is naturally associated with a particular area (‘source area’) contributing to the conservation of genetic resources or the restoration of the natural environment; (c) it complies with the requirements of Annex V. Such mixture constitutes a ‘preservation mixture’ and this shall be mentioned on its label.deleted

Amendment 412 #

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – introductory part

By way of derogation from Articles 5 to 8 and from Article 21(1), Member States may authorise the production and marketing of a mixture of seeds of various genera or species listed in Part A and Part B of Annex I, as well as of ~~different varieties of those genera or species, together with seeds of~~ genera or species of other Parts of that Annex, or of genera or species not listed in that Annex, if such a mixture fulfils all of the following conditions:

Amendment 413 #

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point b

(b) it is naturally associated with a particular area (‘~~source area~~region of origin’) contributing to the conservation of genetic resources or the restoration of the natural environment; and 'Justification - ensures the compatibility of the terms 'source area' and 'region of origin' - Article 3 of Directive (EU) 2010/60, with reference to preservation mixtures.

Amendment 414 #

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point b

(b) it is naturally associated with a particular area (‘~~source area~~region of origin’) contributing to the conservation of genetic resources or the restoration of the natural environment;

Amendment 415 #

Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point a

(a) authorisation requirements for mixtures of seeds collected directly from a natural place belonging to a defined ~~source area~~region of origin, for the conservation and restoration of the natural environment (directly harvested preservation mixtures);

Amendment 416 #

Proposal for a regulation
Article 22 – paragraph 3

3. Professional operators shall report to the respective competent authorities, for each production season, the amount of preservation mixtures produced and marketed by them. The Member States shall report on request to the Commission and to the other Member States the amount of preservation mixtures produced and marketed in their territory and, where applicable, the names of competent authorities responsible for plant genetic resources or of organisations recognised for this purpose.deleted

Amendment 417 #

Proposal for a regulation
Article 24 – paragraph 5

5. In the case of control of varietal identity and purity, ~~the~~an operator may use of bio- molecular techniques ~~may be used~~ as a supplementary tool where the results of the conrol plot tests referred to in paragraph 1 are non conclusive

Amendment 418 #

Proposal for a regulation
Article 25

Article 25 Control plot tests for standard seeds 1. After the marketing of standard seeds, the competent authorities shall carry out control plot tests to check whether the seeds comply with the respective varietal identity and varietal purity requirements, and with other requirements, as appropriate. 2. The proportion of the control plot tests shall be determined on the basis of a risk analysis concerning possible non- compliance of the respective seeds with those requirements. 3. Based on the risk analysis of non- compliance with the respective rules, the control plot tests referred to in paragraph 1 shall be carried out anually, by using samples taken by the competent authority from homogeneous seed lots. Those tests shall assess identity and varietal purity of the seed concerned, and its germination rate and analitical purity. 4. In the case of control of varietal identity and purity, the use of bio- molecular techniques may be use as a supplementary tool where the results of the conrol plot tests referred to in paragraph 1 are non conclusive.deleted

Amendment 419 #

Proposal for a regulation
Article 25

Amendment 420 #

Proposal for a regulation
Article 25 – paragraph 1

1. After the marketing of standard seeds, the competent authorities shall carry out control plot tests to check whether the seeds comply with the re~~spective varietal identity and varietal purity requirements, and with other requirements~~quirements set out in Article 8 and Annex III, as appropriate.

Amendment 421 #

Proposal for a regulation
Article 25 – paragraph 1

1. After the marketing of standard seeds, the competent authorities ~~shall~~may carry out control plot tests to check whether the seeds comply with the respective varietal identity and varietal purity requirements, and with other requirements, as appropriate.

Amendment 422 #

Proposal for a regulation
Article 25 – paragraph 2

2. The proportion of the control plot tests shall be determined on the basis of a risk analysis concerning possible non- compliance of the respective seeds with those requirements. Such risk analysis shall be carried out by the competent authority on the basis of territorial characteristics, the existence of plant health risks in the region, and the track record of the professional operator.

Amendment 423 #

Proposal for a regulation
Article 26 – paragraph 1

1. By way of derogation from Article 20, PRM of genera and species listed in Annex I and belonging to a conservation variety registered in a national variety register referred to in Article 44(1), point (b), may be produced and marketed in the Union as standard seed or material, if it complies with all the requirements concerning standard seed and material for the respective species, as referred to in Article 8.

Amendment 424 #

Proposal for a regulation
Article 26 – paragraph 1

1. By way of derogation from Article 20 of all genera or species listed in Annex I, PRM belonging to a conservation variety registered in a national variety register referred to in Article 44(1), point (b), may be produced and marketed in the Union as standard seed or material, if it complies with all the requirements concerning standard seed and material for the respective species, as referred to in Article 8.

Amendment 425 #

Proposal for a regulation
Article 26 – paragraph 3

~~3. A professional operator who uses this derogation shall annually notify to the competent authority this activity, with regard to the species and quantities concerned.~~deleted

Amendment 426 #

Proposal for a regulation
Article 27 – paragraph 1

1. By way of derogation from Article 5, PRM of heterogeneous material other than genera and species mentioned in Annex IX may be produced and marketed within the Union without belonging to a variety. The heterogeneous material shall be notified to and register by the competent authority prior to its production and/or marketing, in accordance with the requirements set out in Annex VI.

Amendment 427 #

Proposal for a regulation
Article 27 – paragraph 1

1. By way of derogation from Article 5, PRM of heterogeneous material other than fodder plants may be produced and marketed within the Union without belonging to a variety. The heterogeneous material shall be notified to and register by the competent authority prior to its production and/or marketing, in accordance with the requirements set out in Annex VI.

Amendment 428 #

Proposal for a regulation
Article 27 – paragraph 2

2. By way of derogation from Articles 7~~(1), (3)~~ and Article 8~~(1), (3)~~ and Articles 13 to 20, the PRM of heterogeneous material referred to in paragraph 1 shall be produced and marketed in accordance with the requirements set out in Annex VI.

Amendment 429 #

Proposal for a regulation
Article 27 – paragraph 2

2. By way of derogation from Articles 7~~(1), (3)~~, Article 8, and Article ~~8(1), (3)~~s 14 to 20, the PRM of heterogeneous material referred to in paragraph 1 shall be produced and marketed in accordance with the requirements set out in Annex VI.

Amendment 430 #

Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – introductory part

The Commission is empowered to adopt a delegated act in accordance with Article 75, amending Annex VI. Those amendments may concern all, or particular genera or species only, with the exception of organic heteregoneous material, and shall:

Amendment 431 #

Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point c

~~(c) improve the rules on maitenance of heterogenous PRM, on the basis of the emergence of best practices.~~deleted

Amendment 432 #

Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point c

(c) improve the rules on maintenance of heterogenous PRM, where applicable, on the basis of the emergence of best practices.

Amendment 60 #

Proposal for a regulation
Title 1

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the production and marketing of plant reproductive material in the Union, amending Regulations (EU) 2016/2031, 2017/625 ~~and 2018/848 of the European Parliament and of the Council~~, and repealing Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 2002/53/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC and 2008/90/EC (Regulation on plant reproductive material) (Text with EEA relevance)

Amendment 61 #

Proposal for a regulation
Citation 4 a (new)

Having regard to the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas of the UN, adopted by the Human Rights Council on 28 September 2018,

Amendment 62 #

Proposal for a regulation
Recital 3

(3) However, the rules on production and marketing of PRM need to be adapted to the scientific and technical developments in the areas of agricultural and horticultural production techniques and plant breeding. Moreover, the legislation needs to be updated on the basis of changes in international standards and experience gained by the application of the PRM Directives. Those rules need to be clarified and updated in order to facilitate a more harmonised implementation. Therefore, the PRM marketing Directives should be replaced by a single Regulation on the production and marketing of PRM within the Union. A single Regulation such as this would provide a clearer and more efficient framework for the production and marketing of PRM, hence contributing to enhancing the safety and quality of agricultural and horticultural products throughout the European Union.

Amendment 63 #

Proposal for a regulation
Recital 4

(4) PRM constitutes the starting material for plant production in the Union. Therefore, it is critical for the production of raw material for food and feed purposes and for the efficient use of plant resources. It contributes to environmental protection and the quality of the food chain and food supply in the Union as a whole. In this regard, the availability, high quality and divers~~ity of PRM~~e sources PRM including locally adapted varieties that can have the benefit of having a higher tolerance to local environmental conditions appears to be of outmost importance to achieve the transition to sustainable food systems called for in the Farm to Fork Strategy36 , agriculture, horticulture, environmental protection, climate change mitigation and adaptation, food and feed security, and the economy in general. _________________ 36 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system (COM(2020) 381 final).

Amendment 64 #

Proposal for a regulation
Recital 4

(4) PRM constitutes the starting material for plant production in the Union. Therefore, it is critical for the production of raw material for food and feed purposes and for the efficient use of plant resources. It can contributes to environmental protection and the quality of the food chain and food supply in the Union as a whole. In this regard, the availability, quality and diversity of PRM appears to be of outmost importance to achieve the transition to sustainable food systems called for in the Farm to Fork Strategy36 , agriculture, horticulture, environmental protection, climate change mitigation and adaptation, food and feed security, and the economy in general. _________________ 36 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system (COM(2020) 381 final).

Amendment 65 #

Proposal for a regulation
Recital 5

(5) In order to achieve this transition to sustainable and safe food systems, the Union legislation should therefore take account of the need to ensure the adaptability of the PRM production to the changing agricultural, horticultural and environmental conditions, at a Member State and an EU level, to face the challenges of climate change, to protect and restore biodiversity and to meet increasing farmers’ and consumers’ expectations related to quality, safety and sustainability of PRM.

Amendment 66 #

Proposal for a regulation
Recital 5

(5) In order to achieve this transition to sustainable food systems, the Union legislation should therefore take account of the need to ensure the adaptability of the PRM production to the changing agricultural, horticultural and environmental conditions, to face the challenges of climate change, to protect and restore biodiversity while ensuring food security and to meet increasing farmers’ and consumers’ expectations related to quality and sustainability of PRM.

Amendment 67 #

Proposal for a regulation
Recital 5

(5) In order to achieve this transition to sustainable food systems, the Union legislation should therefore take account of the need to ensure the adaptability of the PRM production to the changing agricultural, horticultural and environmental conditions, to face the challenges of climate change, to protect ~~and restor~~, restore and promote biodiversity and to meet increasing farmers’ and consumers’ expectations related to quality, diversity and sustainability of PRM.

Amendment 68 #

Proposal for a regulation
Recital 6

(6) The scope of this Regulation should only cover the PRM of certain genera and species of increased economic and social importance. That importance should be assessed depending on whether such genera and species represent a significant area of production and value in the Union, on their role for the security of food and feed production in the Union, and on whether they are marketed in at least two Member States. That area of production and value may concern several technical aspects. Depending on the circumstances, it may be calculated on the basis of factors such as the total size of productive land in several different areas of the Union, the marketing value of PRM in relation to specific sectors, or the demands for those species by farmers, final users and industry. However, it should be possible under certain conditions for a Member State, to add or remove of a genus or species for the marketing of PRM on its territory.

Amendment 69 #

Proposal for a regulation
Recital 6

(6) The scope of this Regulation should only cover the PRM of certain genera and species of increased economic and social importance. That importance should be assessed depending on whether such genera and species represent a significant area of production and value in the Union, on their role for the security of food and feed production in the Union, and on whether they are marketed in at least two Member States. That area of production and value may concern several technical aspects. Depending on the circumstances, it may be calculated on the basis of factors such as the total size of productive land in several different areas of the Union, the marketing value of PRM in relation to specific sectors, or the demands for those species by farmers, final users and industry. Due to other application objectives, separate regulations should be created for wild plant species.

Amendment 70 #

Proposal for a regulation
Recital 8

(8) Furthermore, some varieties may have certain characteristics that, when cultivated under certain conditions, could have undesirable agronomic effects that would undermine the objective of the Regulation to contribute to the sustainability of agricultural production. This objective can only be achieved if such varieties are subject to appropriate cultivation conditions established at EU level and under which those undesirable agronomic effects are avoided. Those conditions should apply to the cultivation of those varieties for the production of food, feed or industrial materials and not only when intended for the production and marketing of PRM. Therefore, this Regulation should cover the conditions under which those varieties are cultivated, also for the production of food, feed or other products.

Amendment 71 #

Proposal for a regulation
Recital 12

(12) This Regulation should cover neither PRM exported to third countries, nor PRM used solely for official testing, breeding, inspections, exhibitions or scientific purposes, including on-farm research. This is because such categories of PRM do not require particular harmonised identity or quality standards and do not compromise the identity and quality of other PRM marketed in the Union.

Amendment 72 #

Proposal for a regulation
Recital 12

(12) This Regulation should cover neither PRM exported to third countries, nor PRM ~~used solel~~sold or transferred in any way for official testing, breeding, inspections, exhibitions or scientific purposes. This is because such categories of PRM do not require particular harmonised identity or quality standards and do not compromise the identity and quality of other PRM marketed in the Union.

Amendment 73 #

Proposal for a regulation
Recital 13

(13) This Regulation should not cover PRM sold or transferred in any other way, whether free of charge or not, between any persons for their own ~~private use and outside their trad~~use. It would be disproportionate to set out rules for such use of PRM, as this kind of transfer is usually limited to relativerly small amounts, and has no commercial purposes ~~and is restricted to private activities.~~;

Amendment 74 #

Proposal for a regulation
Recital 13

(13) This Regulation should not cover PRM sold or transferred in any other way, whether free of charge or not, between any persons for their own private use and outside their ~~trade~~professional activity. It would be disproportionate to set out rules for such use of PRM, as this kind of transfer is usually limited to very small amounts, has no commercial purposes and is restricted to private activities.

Amendment 75 #

Proposal for a regulation
Recital 13

(13) This Regulation should not cover PRM sold or transferred in any other way, whether free of charge or not, between any persons ~~for their own private use and outside their trade~~. It would be disproportionate to set out rules for such use of PRM, as this kind of transfer is usually limited to very small amounts, has no commercial purposes and is restricted to private activities.

Amendment 76 #

Proposal for a regulation
Recital 13 a (new)

(13 a) This Regulation should not cover PRM accessed, sold or transferred in any way, whether free of charge or not, for the purpose of the conservation and sustainable use of plant genetic resources and agro-biodiversity, as this type of PRM does not require particular harmonised identity or quality standards and does not compromise the identity and quality of other PRM marketing in the Union.

Amendment 77 #

Proposal for a regulation
Recital 18

(18) In accordance with those standards, compliance of PRM with the requirements for the categories pre-basic, basic or certified should be confirmed by inspections, sampling, testing and official control plot testing carried out by the national competent authorities (‘official certification’) and should be attested by an official label, in such a way as to ensure, inter alia, the quality and safety of PRM.

Amendment 78 #

Proposal for a regulation
Recital 19

(19) Specific rules should be established for the production and marketing of ~~clones,~~ selected clones, ~~multiclonal mixtures~~ and of polyclonal PRM, due to ~~their~~its increased importance and use in the PRM sector. In order to ensure transparency, informed choices for their users and effective official controls, the ~~clones~~selected clones and the polyclonal PRM should be registered in a special public register established by the competent authorities. ~~Rules for the maintenance of the clones should also be established to ensure their preservation and identification.~~

Amendment 79 #

Proposal for a regulation
Recital 19 a (new)

(19 a) Rules for the in vitro production of clones and their marketing should also be established.

Amendment 791 #

Proposal for a regulation
Annex I – Part A

Agrostis canina L. Agrostis capillaris L. Agrostis gigantea Roth Agrostis stolonifera L. [...] Cicer arietinum Camelina sativa Fagopyrum fagopyrum (L.) Triticum monococcum Lens culinaris [...] xFestulolium Asch. & Graebn xTriticosecale Wittm. ex A. Camus Zea mays L. partim

Amendment 792 #

Proposal for a regulation
Annex I – Part B

Allium cepa L. Allium fistulosum L. Allium porrum L. [...] Salvia hispanica [...] Vicia faba L. partim Zea mays L. partim Hybrids resulting from the crossing of species referred in this Part.

Amendment 793 #

Proposal for a regulation
Annex VII a (new)

Annex VIIa Maximum Quantities for conservation and sustainable use of plant genetic resources and agro-biodiversity (the quantity applies per natural or legal person, year and variety/accession/ecotype/plant genetic resource) Species Maximum net mass (kg) Fodder plants 30 Beet 30 Cereals 500 Oil and fiber plants 30 Potato 1500 Vegetable: Legumes 150 onions, chervil, asparagus, spinach beet or chard, red beet or beetroot, 5 turnips, water melon, gourd, marrows, carrots, radishes, scorzonera or black salsify, spinach, corn-salad or lamb's lettuce All other vegetables 0,75

Amendment 794 #

Proposal for a regulation
Annex VII a (new)

Annex VIIa GENERA AND SPECIES outcrossing species to be excluded from Article 27 PART A Genera and species to be used for the production of agricultural crops, other than vegetables Agrostis canina L. Agrostis capillaris L. Agrostis gigantea Roth Agrostis stolonifera L. Cynodon dactylon (L.) Pers. Dactylis glomerata L. Festuca arundinacea Schreber Festuca filiformis Pourr Festuca ovina L. Festuca pratensis Huds. Festuca rubra L. Festuca trachyphylla (Hack.) Krajina Lolium multiflorum Lam. Lolium perenne L. Lolium x hybridum Hausskn Lotus corniculatus L. Medicago doliata Carmign. Medicago italica (Mill.) Fiori Medicago littoralis Rohde ex Loisel. Medicago lupulina L. Medicago murex Willd. Medicago polymorpha L. Medicago rugosa Desr. Medicago sativa L. Medicago sativa L. nothosubsp. varia (Martyn) Arcang. Medicago scutellata (L.) Mill. Medicago truncatula Gaertn. Onobrychis viciifolia Scop. Phleum pratense L. Plantago lanceolata L. Secale cereale L. Trifolium alexandrinum L. Berseem Trifolium fragiferum L. Trifolium glanduliferum Boiss. Trifolium hirtum All. Trifolium hybridum L. Trifolium incarnatum L. Trifolium isthmocarpum Brot. Trifolium michelianum Savi Trifolium pratense L. Trifolium repens L. Trifolium resupinatum L. Trifolium squarrosum L. Trifolium subterraneum L. Trifolium vesiculosum Savi Vicia faba L. partim xFestulolium Asch. & Graebn

Amendment 80 #

Proposal for a regulation
Recital 23

(23) Rules should be adopted for the labelling of PRM to ensure the appropriate identification of that material per category through the attestation of compliance with the respective requirements concerning pre-basic, basic, certified and standard seed and material. The inclusion on labels of key details such as species and variety, purity and treatments, makes it easier to monitor and control the quality of PRM, and for consumers to understand what this actually contains.

Amendment 81 #

Proposal for a regulation
Recital 25

(25) The official label should be printed and affixed by authorised professional operators and under the official supervision of the competent authorities. However, and since certain professional operators may not have the resources to carry out all the certification activities and print official labels, it should be provided that any certification steps may also be carried out by the competent authorities upon request of professional operators. It is important that financial resources be identified at EU level for distribution to national competent authorities with a view to ensuring the effective certification and printing of official labels.

Amendment 82 #

Proposal for a regulation
Recital 29

(29) Seeds are frequently marketed in varietal mixtures of same species or species mixtures. However seeds of genera or species, covered by this Regulation, should be allowed to be produced and marketed in mixtures only with seeds of the genera or species covered by this Regulation. This is necessary to ensure that the respective production and marketing standards are respected and to ensure the right quality and safety. However, Member States should have the possibility to allow the production and marketing of a mixture of seeds covered by this Regulation, with seeds not belonging to genera or species covered by this Regulation, for the purposes of conservation of genetic resources and preservation of the natural environment. This is is because those species are the ones most appropriate for the purpose of that preservation. RSpecific and proportionate rules should be set out concerning those mixtures to ensure their identity, safety and quality.

Amendment 83 #

Proposal for a regulation
Recital 31

(31) Control plot tests should be conducted to verify the varietal identity, quality and purity of individual seed lots. Specific rules should be set out concerning those tests on pre-basic, basic, certified and standard seed, on the basis of the applicable international standards and the experience gained by the application of the PRM marketing Directives. The results of these checks should provide clear and verifiable information to serve as a basis for the certification and subsequent labelling of seeds. The implementation of stringent rules such as these will ensure seed integrity and quality, thereby helping to promote sustainable agricultural production and to protect the interests of both farmers and consumers.

Amendment 84 #

Proposal for a regulation
Recital 31

(31) Control plot tests should be conducted to verify the varietal identity and purity of individual seed lots. Specific rules should be set out concerning those tests on pre-basic, basic, and certified ~~and standard~~ seed, on the basis of the applicable international standards and the experience gained by the application of the PRM marketing Directives.

Amendment 85 #

Proposal for a regulation
Recital 32

(32) Certain types of varieties do not fulfil the established requirements concerning distinctness, uniformity and stability. However, they are important for the conservation and sustainable use of plant genetic resources, which are indispensable for crop genetic improvement and are essential in adapting to undpredictable environmental changes and future needs. They are traditionally grown or new locally produced varieties under specific local conditions and adapted to those conditions. They are characterised, in particular, by reduced uniformity due to ~~a high level of~~ genetic and phenotypical diversity between individual reproductive units. Those varieties ~~are~~were previously referred to as ‘conservation varieties’. It is appropriate to acknowledge that the conservation of genetic resources is a dynamic process and that newly bred varieties should be included. As such, the name ‘diversity varieties’ would be more appropriate. The production and marketing of those varieties contribute to the objectives of the International Treaty on Plant Genetic Resources for Food and Agriculture to promote the conservation and sustainable use of plant genetic resources for food and agriculture (40 ). As a party to the Treaty the Union has committed to support those objectives. _________________ 40 Council Decision 2004/869/EC of 24 February 2004 concerning the conclusion, on behalf of the European Community, of the International Treaty on Plant Genetic Resources for Food and Agriculture (OJ L 378, 23.12.2004, p. 1).

Amendment 86 #

Proposal for a regulation
Recital 32

(32) Certain types of varieties do not fulfil the established requirements concerning distinctness, uniformity and stability. However, they are important for the conservation and sustainable use of plant genetic resources. They are traditionally grown or new locally produced varieties under specific local conditions and adapted to those conditions. They are characterised, in particular, by reduced uniformity due to a higher level of genetic and phenotypical diversity between individual reproductive units. Those varieties are referred to as ‘conservation varieties’. The production and marketing of those varieties contribute to the objectives of the International Treaty on Plant Genetic Resources for Food and Agriculture to promote the conservation and sustainable use of plant genetic resources for food and agriculture (40 ). As a party to the Treaty the Union has committed to support those objectives. _________________ 40 Council Decision 2004/869/EC of 24 February 2004 concerning the conclusion, on behalf of the European Community, of the International Treaty on Plant Genetic Resources for Food and Agriculture (OJ L 378, 23.12.2004, p. 1).

Amendment 87 #

Proposal for a regulation
Recital 33

(33) In view of those special characteristics of the conservation varieties, and by way of derogation from the established requirements for production and marketing, the production and marketing of PRM belonging to them should be allowed under less stringent requirements. That objective is in line with the principles of the European Green Deal, and in particular, with the principle of protection of the biodiversity, and because such categories of PRM do not have particular harmonised identity and do not compromise the identity and quality of other PRM marketed in the Union. It is thus appropriate to allow for that material to comply with the requirements for standard material for the species concerned. That PRM belonging to conservation varieties should therefore be labelled with the indication ‘Conservation varieties’~~. Those varieties should also be registered, to enable their control by the competent authorities and guarantee the informed choices for their users and the effectiveness of official controls.~~;

Amendment 88 #

Proposal for a regulation
Recital 33

(33) In view of those special characteristics of the ~~conservation~~diversity varieties, and by way of derogation from the established requirements for production and marketing, the production and marketing of PRM belonging to them should be allowed under less stringent requirements. That objective is in line with the principles of the European Green Deal, and in particular, with the principle of protection of the biodiversity. It is thus appropriate to allow for that material to comply with the requirements for standard material for the species concerned. That PRM belonging to ~~conservation~~diversity varieties should therefore be labelled with the indication ‘~~Conservation~~Diversity varieties’. Those varieties should also be registered, to enable their control by the competent authorities and guarantee the informed choices for their users and the effectiveness of official controls. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment 89 #

Proposal for a regulation
Recital 35

(35) Many gene banks, organisations and networks operate in the Union with an objective to conserve plant genetic resources. In order to facilitate their activity, it is appropriate to allow that PRM which is marketed to them, or among them, derogates from the established production and marketing requirements, and that instead it complies with less stringent rules.deleted

Amendment 90 #

Proposal for a regulation
Recital 35

(35) Many gene banks, organisations and networks operate in the Union with an objective to conserve plant genetic resources. In order to facilitate th~~eir activity~~is important activity, which is not attractive to commercial operaters as it is not economically significant, it is appropriate to allow that PRM which is marketed to them, or among them, derogates from the established production and marketing requirements~~, and that instead it complies with less stringent rules.~~;

Amendment 91 #

Proposal for a regulation
Recital 35

(35) Many ~~gene banks,~~conservation organisations and networks operate in the Union with an objective to conserve plant genetic resources. In order to facilitate their activity, it is appropriate to allow that PRM which is marketed to them, or among them, derogates from the established production and marketing requirements, and that instead it complies with less stringent rules.

Amendment 92 #

Proposal for a regulation
Recital 35

(35) Many ~~gene banks,~~ organisations and networks operate in the Union with an objective to conserve plant genetic resources. In order to facilitate their activity, it is appropriate to allow that PRM which is marketed toby them, or ~~among~~within them, derogates from the established production and marketing requirements, and that instead it complies with less stringent rules.

Amendment 93 #

Proposal for a regulation
Recital 36

(36) Farmers habitually exchange ~~in kind~~ small quantities of seeds in order to carry out dynamic management of their own seed. It is thus appropriate that a derogation from the established requirements is provided for the exchanges of ~~small quantities of~~ seeds between farmers. Such derogation could apply if those seeds do not belong to a variety for which plant variety rights have been granted in accordance with Council Regulation (EU) 2100/94(41 ). Member States should be allowed to define those small quantities for specific species per year, in order to ensure that there is no misuse of such derogation impacting the marketing of seeds. _________________ 41 Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ L 227, 1.9.1994, p. 1).

Amendment 94 #

Proposal for a regulation
Recital 36

(36) Farmers habitually exchange ~~in kind~~ small quantities of seeds in order to carry out dynamic ~~management~~conservation of their own ~~seed~~PRM and contributing to agro-biodiversity . It is thus appropriate that a derogation from the established requirements is provided for the exchanges of small quantities of seeds between farmers. Such derogation could apply if those seeds do not belong to a variety for which plant variety rights have been granted in accordance with Council Regulation (EU) 2100/94(41 ). Member States should be allowed to define those small quantities for specific species per year, in order to ensure that there iPRM, as established in the International Treaty on Plant Genetic Resources for Food and Agriculture provision on farmer’s rights nto ~~misuse of such derogation impacting th~~exchange mfar~~keting of seeds. _________________ 41 Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ L 227, 1.9.1994, p. 1)~~m-saved seeds and/or propagating material.

Amendment 95 #

Proposal for a regulation
Recital 36

(36) Farmers habitually exchange ~~in kind~~for monetary compensation and in kind, relatively small quantities of PRM including seeds in order to carry out dynamic management of their own seed. It is thus appropriate that a derogation from the established requirements is provided for the exchanges ~~of small~~these quantities of seeds between farmers. Such derogation could apply if those seeds do not belong to a variety for which plant variety rights have been granted in accordance with Council Regulation (EU) 2100/94(41 ). Member States should be allowed to define th~~ose small~~ese quantities for specific species per year, ~~in order to ensure that there is no misuse of such derogation impacting the marketing of seeds.~~ while ensuring no misuse of this power that curtails the right of farmers to exchange PRM including seeds as they have done for thousands of years. _________________ 41 Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ L 227, 1.9.1994, p. 1).

Amendment 96 #

Proposal for a regulation
Recital 38

(38) The use of PRM that does not belong to a variety pursuant to this Regulation, but rather belongs to a plant grouping within a single botanical taxon, with a high level of genetic and phenotypic diversity between individual reproductive units (‘heterogeneous material’), could have benefits especially in organic production and low input agriculture, through improving resilience and increasing the within-species genetic diversity of cultivated plants. Therefore, PRM of heterogeneous material, with the exception of fodder plants, should be allowed to be produced and marketed without having to comply with the requirements for variety registration and the other production and marketing requirements of this Regulation. Specific requirements for the production and marketing of that material should be set out.

Amendment 97 #

Proposal for a regulation
Recital 39

(39) Union production and marketing of PRM needs to comply with the highest possible standards. Therefore, the import of PRM from third countries should only be allowed if an assessment of their applicable identity and quality standards and certification system establishes that such PRM fulfils requirements equivalent to those applicable to PRM produced and marketed in the Union. Such assessment should be based on a thorough examination of the information provided by the third country and its relevant legislation. It should also be based on the satisfactory outcome of an audit carried out by the Commission in the respective third country, where that audit is considered necessary by the Commission, however the implementation of this regulation should not preculde the importation of small quantities of PRM from third countries for conservation purposed where due to the non commercial nature of the stock the tests to establish the required equivalance in not being carried out.

Amendment 98 #

Proposal for a regulation
Recital 40

(40) REffective and proportionate rules should be set out concerning labelling and information to be provided for the imported PRM for the purposes of its proper identification, traceability, and informed choices by its users and for enabling official controls. Standards for the clear and visible presentation of this information on PRM packaging should also be specified.

Amendment 99 #

Proposal for a regulation
Recital 41

(41) In order to ensure transparency and more effective controls on the production and marketing of PRM, professional operators, which are not a micro- enterprise, should be registered. It is appropriate that they register in the registers established by Member States pursuant to Regulation (EU) 2016/2031 of the European Parliament and of the Council (42 ), in order to reduce the administrative burden for those professional operators. This is also proportionate because the vast majority of professional operators producing and marketing PRM are already registered in the professional operators’ registers of that Regulation. _________________ 42 Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (OJ L 317, 23.11.2016, p. 4).

source: 757.147

2023/12/06 AGRI 358 amendments...

Amendment 433 #

Proposal for a regulation
Article 27 – paragraph 4

4. Any professional operator producing and/or intending to market PRM of heterogeneous material shall submit a notification to the competent authority prior to marketing. If no further information is requested by the national competent authority within a time determined by the competent authority, the PRM of heterogeneous material may be marketed.deleted

Amendment 434 #

Proposal for a regulation
Article 27 – paragraph 4

4. Any professional operator producing and/or intending to market PRM of heterogeneous material shall submit a notification to the competent authority prior to marketing. If no further information is requested by the national competent authority within ~~a time determined by the competent authority,~~3 months the PRM of heterogeneous material may be marketed.

Amendment 435 #

Proposal for a regulation
Article 27 – paragraph 4

4. Any professional operator producing and/or intending to market PRM of heterogeneous material shall submit a notification to the competent authority prior to marketing. If no further information is requested by the national competent authority within ~~a time determined by the competent authority~~3 months, the PRM of heterogeneous material may be marketed.

Amendment 436 #

Proposal for a regulation
Article 27 – paragraph 5 – subparagraph 3 – introductory part

The professional operator producing PRM of heterogeneous material intended for marketing shall also record and keep the following information:

Amendment 437 #

Proposal for a regulation
Article 27 – paragraph 5 – subparagraph 3 – point d

(d) ~~the breeding~~where applicable, the breeding or production location of the PRM of heterogeneous material ~~and production location~~;

Amendment 438 #

Proposal for a regulation
Article 27 – paragraph 5 – subparagraph 3 – point d

(d) the breeding or production location of the PRM of heterogeneous material ~~and production location~~;

Amendment 439 #

Proposal for a regulation
Article 27 – paragraph 5 – subparagraph 4

The competent authorities shall have access to the information referred to in this paragraph, in the context of post- marketing controls.

Amendment 440 #

Proposal for a regulation
Article 27 – paragraph 5 – subparagraph 4

The competent authorities shall have access to the information referred to in this paragraph in the context of post-marketing controls.

Amendment 441 #

Proposal for a regulation
Article 27 – paragraph 7 – subparagraph 1

Heterogeneous material as notified pursuant to paragraph 1, shall be registered by the competent authorities in a dedicated register (‘heterogeneous material register’). The registration should be free of charge to the professional operator.

Amendment 442 #

Proposal for a regulation
Article 27 – paragraph 7 – subparagraph 1

Heterogeneous material as notified pursuant to paragraph 1, shall be registered by the competent authorities in a dedicated register (‘heterogeneous material register’). The register shall be free of charge to the professional operator.

Amendment 443 #

Proposal for a regulation
Article 27 – paragraph 7 – subparagraph 2

The competent authorities shall keep, update and publish that register, accessible in online format, and notify immediately its content and updates to the Commission.

Amendment 444 #

Proposal for a regulation
Article 27 – paragraph 7 – subparagraph 2

The competent authorities shall keep, update and publish that register, make it accessible online and notify immediately its content and updates to the Commission.

Amendment 445 #

Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – introductory part

By way of derogation from Articles 5 - ~~12, 14,~~ 15 and 20, PRM may be marketed to final users, if it complies with all of the following requirements:

Amendment 446 #

Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point a

(a) to bear an operator’s label with the denomination of the PRM and the indication ‘Plant reproductive material for final users ~~– not officially certified’~~ or, in the case of seeds, ‘Seeds for final users ~~– not officially certified’~~;

Amendment 447 #

Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point a

(a) to bear an operator’s label with the denomination of the PRM and the indication ‘Plant reproductive material for final users ~~– not officially certified~~’ or, in the case of seeds, ‘Seeds for final users ~~– not officially certified~~’;

Amendment 448 #

Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point a

Amendment 449 #

Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point d

(d) to be marketed as individual plants, or, in the case of seeds and tubers, in small packages, as defined in Article 3 (35a new).

Amendment 450 #

Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2

~~A professional operator who uses this derogation shall annually notify this activity to the competent authority, with regard to the species and quantities concern~~deleted

Amendment 451 #

Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2

~~A professional operator who uses this derogation shall annually notify this activity to the competent authority, with regard to the species and quantities concern~~deleted

Amendment 452 #

Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 1

Amendment 453 #

Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 1

~~The Commission shall, by means of implementing acts, adopt rules concerning the size, form, sealing and handling requirements concerning the small packages referred to in paragraph 1 point (d)~~Small packages means packages containing seed up to a maximum net weight of: (i) 30 kg for cereals, seed potatoes; (ii) 10 kg for fodder plants, beet, oil and fibre plants; (iii) 5 kg for legumes; (iv) 500 g for onions, chervil, asparagus, spinach beet or chard, red beet or beetrood, turnips, water melon, gourd, marrows, carrots, radishes, scorzonera or black salsify, spinach, corn-salad or lamb's lettuce; (v) 100 g for all other species of vegetable.

Amendment 454 #

Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 1

Amendment 455 #

Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 2

~~Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).~~deleted

Amendment 456 #

Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 2

~~Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).~~deleted

Amendment 457 #

Proposal for a regulation
Article 29

Article 29 PRM marketed to and between gene banks, organisations and networks 1. By way of derogation from Articles 5 to 25, PRM may be marketed to, or between, gene banks, organisations and networks with a statutory objective, or an objective official notified to the competent authority, to conserve plant genetic resources, whereby any of the activities are carried out for non-profit purposes. It can be marketed as well from those gene banks, organisations and networks to persons who carry out conservation of that PRM as final consumers, for non- profit purposes. In the cases provided for in the first and the second subparagraphs, PRM shall fulfil the following requirements: (a) be listed in a register kept by those gene banks, organisations and networks with an appropriate description of that PRM; (b) be conserved by those gene banks, organisations and networks, and samples of that PRM be made available by them to the competent authorities upon request; and (c) be practically free from quality pests and any defects likely to impair its quality as a reproductive material, and have satisfactory vigour and dimensions in respect of its usefulness as PRM, and, in the case of seeds, have satisfactory germination capacity. 2. The gene banks, organisations and networks shall notify the competent authority of the use of the derogation referred to in paragraph 1 and the species concerned.deleted

Amendment 458 #

Proposal for a regulation
Article 29 – title

PRM marketed ~~to and~~by, between ~~gene banks,~~and within organisations and networks dedicated to the dynamic conservation, enrichment and sustainable use of plant genetic resources

Amendment 459 #

Proposal for a regulation
Article 29 – title

Article 29 PRM marketed toby, to, within and between gene banks, organisations and networks;

Amendment 460 #

Proposal for a regulation
Article 29 – title

PRM marketed toby, to, within and between gene banks, organisations and networks

Amendment 461 #

Proposal for a regulation
Article 29 – title

PRM marketed to and between ~~gene banks,~~conservation organisations and networks

Amendment 462 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1

BWithout prejudice to the transfer of PRM for the purpose of the conservation of plant genetic resources and agro- biodiversity and by way of derogation from Articles 5 to 25, PRM may be marketed toby, to, within, or between, gene banks, organisations and networks, with a statutory objective, or an objective officially notified to the competent authority, to conserve plant genetic resources, whereby any of the activities are carried out for non-profit purposes.

Amendment 463 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1

By way of derogation from Articles 5 to 25, PRM may be marketed to, or between~~, gene banks,~~ conservation organisations and networks, including inter alia farmers, with a statutory objective, or an objective official notified to the competent authority, to conserve plant genetic resources, whereby any of the activities are carried out for non- profit purposes.

Amendment 464 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1

By way of derogation from Articles 5 to 25, PRM may be marketed ~~to,~~by, to, within or between, gene banks, organisations and networks with a statutory objective, or an objective official notified to the competent authority, to conserve plant genetic resources, whereby any of the activities are carried out for non-profit purposes.

Amendment 465 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1

By way of derogation from Articles 5 to 25, PRM may be marketed ~~to, or~~by, between~~, gene banks,~~ and within not- for-profit purposes organisations and networks with a statutory objective, or an objective official notified to the competent authority, to ~~conserve plant genetic resources, whereby any of the activities are carried out for non-profit purpos~~dynamically conserve, enrich and sustainably use plant genetic resources.

Amendment 466 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2

~~It can be marketed as well from those gene banks, organisations and networks to persons who carry out conservation of that PRM as final consumers, for non- profit purposes.~~deleted

Amendment 467 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2

~~It can be marketed as well from those gene banks, organisations and networks to persons who carry out conservation of that PRM as final consumers, for non- profit purposes.~~deleted

Amendment 468 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2

It can be marketed as well from those ~~gene banks,~~ organisations and networks ~~to persons who carry out~~, or their members, to persons who also contribute to the dynamic conservation of that PRM as final consumers~~, for non-profit~~ or for professional farming purposes.

Amendment 469 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2

It can be marketed as well from those ~~gene banks,~~conservation organisations and networks to persons who carry out conservation of that PRM as final consumers, for non- profit purposes.

Amendment 470 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – introductory part

~~In the cases provided for in the first and the second subparagraphs, PRM shall fulfil the following requirements~~PRM marketed according to paragraph 1 shall:

Amendment 471 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – introductory part

~~In the cases provided for in the first and the second subparagraphs, PRM shall fulfil the following requirements~~PRM marketed according to paragraph 1 shall:

Amendment 472 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – point a

(a) ~~be listed~~have a basic description made publicly available on the package or in a private documentation or in a register kept by those ~~gene banks,~~ organisations and networks ~~with an appropriate description of that PRM~~, in case of not belonging to a variety registered in a national variety register referred to in Article 44. This description shall be made available by the natural or legal person placing the PRM on the market upon request to the competent authority;

Amendment 473 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – point a

(a) be listed in a register kept by those ~~gene banks,~~conservation organisations and networks with an appropriate description of that PRM;

Amendment 474 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – point b

~~(b) be conserved by those gene banks, organisations and networks, and samples of that PRM be made available by them to the competent authorities upon request; an~~deleted

Amendment 475 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – point b

~~(b) be conserved by those gene banks, organisations and networks, and samples of that PRM be made available by them to the competent authorities upon request; an~~deleted

Amendment 476 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – point b

(b) be conserved by those ~~gene banks,~~conservation organisations and networks, and samples of that PRM be made available by them to the competent authorities upon request; and

Amendment 477 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – point b

(b) be conserved by those ~~gene banks,~~ organisations and networks, and samples of that PRM be made available by them to the competent authorities upon request; and

Amendment 478 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – point c

(c) be practically free from quality pests and any defects likely to impair its quality as a reproductive material, and have satisfactory vigour and dimensions in respect of its usefulness as PRM, and, in the case of seeds, have satisfactory germination capacity.deleted

Amendment 479 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – point c

Amendment 480 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – point c

Amendment 481 #

Proposal for a regulation
Article 29 – paragraph 2

~~2. The gene banks, organisations and networks shall notify the competent authority of the use of the derogation referred to in paragraph 1 and the species concerned.~~deleted

Amendment 482 #

Proposal for a regulation
Article 29 – paragraph 2

~~2. The gene banks, organisations and networks shall notify the competent authority of the use of the derogation referred to in paragraph 1 and the species concerned.~~deleted

Amendment 483 #

Proposal for a regulation
Article 29 – paragraph 2

2. The ~~gene banks,~~conservation organisations and networks shall notify the competent authority of the use of the derogation referred to in paragraph 1 and the species concerned.

Amendment 484 #

Proposal for a regulation
Article 30 – title

~~Seed~~PRM exchanged ~~in kind~~ between farmers

Amendment 485 #

Proposal for a regulation
Article 30 – title

~~Seed~~PRM exchanged ~~in kind~~ between farmers

Amendment 486 #

Proposal for a regulation
Article 30 – title

~~Seed~~PRM exchanged ~~in kind~~ between farmers

Amendment 487 #

Proposal for a regulation
Article 30 – title

~~Seed~~PRM exchanged ~~in kind~~ between farmers

Amendment 488 #

Proposal for a regulation
Article 30 – title

~~Seed~~PRM exchanged in kind between farmers

Amendment 489 #

Proposal for a regulation
Article 30 – paragraph 1 – introductory part

1. By way of derogation from Articles 5 - 25, farmers may exchange ~~seeds~~PRM in kind~~, if such seeds fulfill all of the following condi~~ as well as for monetary compensations:.

Amendment 490 #

Proposal for a regulation
Article 30 – paragraph 1 – introductory part

1. By way of derogation from Articles 5 - 25, farmers may exchange seeds in kind, or for monetary compensation if such seeds fulfill all of the following conditions:

Amendment 491 #

Proposal for a regulation
Article 30 – paragraph 1 – introductory part

1. By way of derogation from Articles 5 -to 25, farmers may exchange ~~seeds~~PRM in kind or for monetary compensation, if such ~~seeds~~PRM fulfill all of the following conditions:

Amendment 492 #

Proposal for a regulation
Article 30 – paragraph 1 – introductory part

1. By way of derogation from Articles 5 - 25, farmers may exchange ~~seeds~~PRM in kind or for monetary compensation, if such ~~seeds~~PRM fulfill all of the following conditions:

Amendment 493 #

Proposal for a regulation
Article 30 – paragraph 1 – introductory part

1. By way of derogation from Articles 5 - 25, farmers may exchange ~~seeds in kind~~PRM, if such ~~seeds~~PRM fulfill all of the following conditions:

Amendment 494 #

Proposal for a regulation
Article 30 – paragraph 1 – point 1

~~(1) are produced in the respective farmer’s own premises;~~deleted

Amendment 495 #

Proposal for a regulation
Article 30 – paragraph 1 – point 2

~~(2) are derived from the respective farmer’s own harvest;~~deleted

Amendment 496 #

Proposal for a regulation
Article 30 – paragraph 1 – point 2

(2) in the case of seeds, are derived from the respective farmer’s own harvest;

Amendment 497 #

Proposal for a regulation
Article 30 – paragraph 1 – point 2

(2) in the case of seeds, are derived from the respective farmer’s own harvest;

Amendment 498 #

Proposal for a regulation
Article 30 – paragraph 1 – point 2

(2) are derived from the respective farmer’s own ~~harvest~~crops;

Amendment 499 #

Proposal for a regulation
Article 30 – paragraph 1 – point 3

~~(3) are not subject to a service contract conducted by the respective farmer with a professional operator performing seed production; an~~deleted

Amendment 500 #

Proposal for a regulation
Article 30 – paragraph 1 – point 3

(3) in the case of seeds, are not subject to a service contract conducted by the respective farmer with a professional operator performing seed production; and

Amendment 501 #

Proposal for a regulation
Article 30 – paragraph 1 – point 3

(3) in the case of seeds, are not subject to a ~~service~~multiplication contract conducted by the respective farmer with a professional operator performing seed production; and

Amendment 502 #

Proposal for a regulation
Article 30 – paragraph 1 – point 3

(3) in the case of seeds, are not subject to a service contract conducted by the respective farmer with a professional operator performing seed production; and

Amendment 503 #

Proposal for a regulation
Article 30 – paragraph 1 – point 4

~~(4) the seed is used for dynamic management of farmer’s own seed for the purpose of contributing to agro-diversity.~~deleted

Amendment 504 #

Proposal for a regulation
Article 30 – paragraph 1 – point 4

(4) in the case of seeds, the seed is used for dynamic management of farmer’s own seed for the purpose of contributing to agro-diversity.

Amendment 505 #

Proposal for a regulation
Article 30 – paragraph 1 – point 4

(4) in the case of seeds, the seed is used for dynamic management of farmer’s own seed for the purpose of contributing to agro-diversity.

Amendment 506 #

Proposal for a regulation
Article 30 – paragraph 1 – point 4

(4) the ~~seed~~PRM is used for dynamic management of farmer’s own ~~seed~~reproductive material for the purpose of contributing to agro-diversity.

Amendment 507 #

Proposal for a regulation
Article 30 – paragraph 1 – point 4 a (new)

(4a) the PRM is neither a GMO nor an NGT PRM according to EU legislation.

Amendment 508 #

Proposal for a regulation
Article 30 – paragraph 2 – introductory part

2. Such ~~seeds~~PRM shall fulfil all of the following requirements:

Amendment 509 #

Proposal for a regulation
Article 30 – paragraph 2 – introductory part

2. Such ~~seeds~~PRM shall fulfil all of the following requirements:

Amendment 510 #

Proposal for a regulation
Article 30 – paragraph 2 – introductory part

2. Such ~~seeds~~PRM shall fulfil all of the following requirements:

Amendment 511 #

Proposal for a regulation
Article 30 – paragraph 2 – introductory part

2. Such ~~seeds~~PRM shall fulfil all of the following requirements:

Amendment 512 #

Proposal for a regulation
Article 30 – paragraph 2 – point a

(a) not to belong to a to variety for which plant variety rights have been applied or granted in accordance with Regulation (EU) 2100/94;

Amendment 513 #

Proposal for a regulation
Article 30 – paragraph 2 – point a a (new)

(aa) be produced in the respective farmer's own premises;

Amendment 514 #

Proposal for a regulation
Article 30 – paragraph 2 – point b

~~(b) to be limited to small quantities, defined by the competent authorities for specific species per year and per farmer, without using commercial intermediaries or public offer of marketing; an~~deleted

Amendment 515 #

Proposal for a regulation
Article 30 – paragraph 2 – point b

Amendment 516 #

Proposal for a regulation
Article 30 – paragraph 2 – point b

(b) ~~to be limited to small quantities, defined by the competent authorities for specific species per year and per farmer,~~ without using commercial intermediaries ~~or public offer of marketing~~; and

Amendment 517 #

Proposal for a regulation
Article 30 – paragraph 2 – point b

(b) ~~to be limited to small quantities, defined by the competent authorities for specific species per year and per farmer, w~~Without using commercial intermediaries ~~or public offer of marketing; and~~, and;

Amendment 518 #

Proposal for a regulation
Article 30 – paragraph 2 – point b

(b) ~~to be~~each transaction is limited to the small quantities, ~~defined by the competent authorities for specific species per year and per farmer, without using commercial intermediaries or public offer of marketing~~present in the small packages defined in Article 3 (35 a new) ; and

Amendment 519 #

Proposal for a regulation
Article 30 – paragraph 2 – point c

~~(c) to be practically free from quality pests and any defects likely to impact their quality as seeds, and shall have satisfactory germination capacity.~~deleted

Amendment 520 #

Proposal for a regulation
Article 30 – paragraph 2 – point c

(c) to be practically free from quality pests and any defects likely to impact their quality as ~~seeds, and shall have satisfactory germination capacity~~PRM.

Amendment 521 #

Proposal for a regulation
Article 30 – paragraph 2 – point c

(c) to be practically free from quality pests and any defects likely to impact their quality as ~~seeds, and shall have satisfactory germination capacity~~PRM.

Amendment 522 #

Proposal for a regulation
Article 30 – paragraph 2 – point c

(c) to be visually practically free from quality pests and any defects likely to impact their quality as ~~seeds, and shall have satisfactory germination capacity~~PRM.

Amendment 523 #

Proposal for a regulation
Article 30 – paragraph 2 – point c

(c) to be practically free from quality pests and any defects likely to impact their quality as ~~seeds, and shall have satisfactory germination capacity~~PRM.

Amendment 524 #

Proposal for a regulation
Article 30 – paragraph 3

~~3. Member States shall annually notify to the Commission and the other Member States the amounts per species defined in accordance with paragraph 2, point (b).~~deleted

Amendment 525 #

Proposal for a regulation
Article 30 – paragraph 3

~~3. Member States shall annually notify to the Commission and the other Member States the amounts per species defined in accordance with paragraph 2, point (b).~~deleted

Amendment 526 #

Proposal for a regulation
Article 30 – paragraph 3

~~3. Member States shall annually notify to the Commission and the other Member States the amounts per species defined in accordance with paragraph 2, point (b).~~deleted

Amendment 527 #

Proposal for a regulation
Article 31

Article 31 Breeder’s seed 1. By way of derogation from Articles 5 -25, a competent authority may authorise operators to market seed of generations preceeding the pre-basic category to another operator, for the purpose of breeding new varieties (breeders’ seed). The competent authority shall determine the duration of the authorisation and quantities per species, when granting that authorisation. 2. The PRM referred to in paragraph 1 shall be accompanied by a label issued by the professional operator, with the indication ‘breeder’s seed’, that shall be affixed, as applicable, on the container, bundle or package of that material. It shall be sealed and bear a lot number to be used for identification purposes and control plot testing before it is used as pre-basic seed.deleted

Amendment 528 #

Proposal for a regulation
Article 31

Amendment 529 #

Proposal for a regulation
Article 31

Amendment 530 #

Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1 – introductory part

By way of derogation from Article 5, a competent authority may authorise professional operators to produce and market, for the purposes of multiplication, pre-basic seeds, pre-basic material, basic seeds and basic material, standard seed and standard material belonging to a variety not yet registered in a national variety register, referred to in Article 44, if all of the following requirements are fulfilled:

Amendment 531 #

Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1 – introductory part

By way of derogation from Article 5, a competent authority may authorise professional operators to produce and market, for the purposes of multiplication, standard seed, standard material, pre- basic seeds, pre-basic material, basic seeds and basic material belonging to a variety not yet registered in a national variety register, referred to in Article 44, if all of the following requirements are fulfilled:

Amendment 532 #

Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 2

Such authorisation may be granted for a maximum period of 3 3years in the case of seeds, and 5 years in the case of PRM other than seeds, and for ~~small~~limited quantities per species with regard to the volume of production of that species in the Member State, as specified by the competent authority.

Amendment 533 #

Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 2

Such authorisation may be granted for a maximum period of 3 3years in the case of seeds, and 5 years in the case of PRM other than seeds, and for small quantities per species as specified by the competent authority, taking into account the volumes produced by the Member State concerned.

Amendment 534 #

Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 2

Such authorisation may be granted for a maximum period of 3 3years in the case of seeds, and 5 years in the case of PRM other than seeds, and for ~~small~~limited quantities per species as specified by the competent authority in correlation with the volume of production at Member State level.

Amendment 535 #

Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 2

Such authorisation may be granted for a maximum period of 3 3years in the case of seeds, and 5 years in the case of PRM other than seeds, and for ~~small~~ quantities per species as specified by the competent authority.

Amendment 536 #

Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 2

Amendment 537 #

Proposal for a regulation
Article 32 – paragraph 2 – introductory part

2. By way of derogation from Articles 5, 7, 10 -12, 15, 20, 23 and 24, a competent authority may authorise professional operators for a maximum period of 3 years in the case of seeds, and 5 years in the case of PRM other than seeds, and for ~~small~~limited quantities per species as determined by the competent authority, in correlation with the volume of production at Member State level, to produce and market PRM belonging to a variety not yet registered in a national variety register referred to in Article 44, if all of the following requirements are fulfilled:

Amendment 538 #

Proposal for a regulation
Article 32 – paragraph 2 – introductory part

2. By way of derogation from Articles 5, 7, 10 -12, 15, 20, 23 and 24, a competent authority may authorise professional operators for a maximum period of 3 years in the case of seeds, and 5 years in the case of PRM other than seeds, and for small quantities per species as determined by the competent authority, taking into account the volume produced in the Member State concerned, to produce and market PRM belonging to a variety not yet registered in a national variety register referred to in Article 44, if all of the following requirements are fulfilled:

Amendment 539 #

Proposal for a regulation
Article 32 – paragraph 2 – introductory part

2. By way of derogation from Articles 5, 7, 10 -12, 15, 20, 23 and 24, a competent authority may authorise professional operators for a maximum period of 3 years in the case of seeds, and 5 years in the case of PRM other than seeds, and for ~~small~~ quantities per species as determined by the competent authority, to produce and market PRM belonging to a variety not yet registered in a national variety register referred to in Article 44, if all of the following requirements are fulfilled:

Amendment 540 #

Proposal for a regulation
Article 32 – paragraph 2 – introductory part

2. By way of derogation from Articles 5, 7, 10 -12, 15, 20, 23 and 24, a competent authority may authorise professional operators for a maximum period of 3 years in the case of seeds, and 5 years in the case of PRM other than seeds, and for ~~small~~ quantities per species as determined by the competent authority, to produce and market PRM belonging to a variety not yet registered in a national variety register referred to in Article 44, if all of the following requirements are fulfilled:

Amendment 541 #

Proposal for a regulation
Article 32 – paragraph 3 – point a

(a) the production of the stock of pre- basic seeds and material, and basic seeds and material, and certified seeds and material available before the variety registration and the envisaged tests and trials for the standard seeds and material;deleted

Amendment 542 #

Proposal for a regulation
Article 32 – paragraph 3 – point a

Amendment 543 #

Proposal for a regulation
Article 32 – paragraph 3 – point c

~~(c) the procedure for the variety maintenance, where applicable;~~deleted

Amendment 544 #

Proposal for a regulation
Article 32 – paragraph 3 – point c

~~(c) the procedure for the variety maintenance, where applicable;~~deleted

Amendment 545 #

Proposal for a regulation
Article 32 – paragraph 3 – point e

~~(e) the site where production will take place; an~~deleted

Amendment 546 #

Proposal for a regulation
Article 32 – paragraph 3 – point e

~~(e) the site where production will take place; an~~deleted

Amendment 547 #

Proposal for a regulation
Article 32 – paragraph 3 – point f

~~(f) the quantities of the material to be made available on the market.~~deleted

Amendment 548 #

Proposal for a regulation
Article 32 – paragraph 3 – point f

~~(f) the quantities of the material to be made available on the market.~~deleted

Amendment 549 #

Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1

The Commission, by means of implementing acts, may authorise the Member States to impose, with regards to production and marketing of PRM, more stringent production or marketing requirements than those referred to in Articles 7 and 8, in all or part of the territory of the Member State concerned, provided that those more stringent requirements correspond to specific production conditions in, and agro-climatic needs, of that Member State in regard to the respective PRM. These requirements shall be proportionate in light of the costs of production and marketing and the impacts of the foreseen more stringent requirements of the PRM in question.

Amendment 550 #

Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1

The Commission, by means of implementing acts, may authorise the Member States to impose, with regards to production and marketing of PRM, more stringent production or marketing requirements than those referred to in Articles 7 and 8, in all or part of the territory of the Member State concerned, provided that those more stringent requirements correspond to specific production conditions in, and agro-climatic needs, of that Member State in regard to the respective PRM. These requirements should be proportionate in light of the costs of PRM production and marketing and the foreseen impact of these more stringent requirements.

Amendment 551 #

Proposal for a regulation
Article 37 – paragraph 2

2. Where a Member State officially informs the Commission of the need to take emergency measures and the Commission has not acted in accordance with paragraph 1, that Member State may adopt the appropriate, proportionate and time-limited interim emergency measures. Those measures may include provisions restricting, prohibiting or laying down appropriate conditions for the production or marketing of PRM within the territory of that Member State, depending on the gravity of the situation. The Member State concerned shall immediately inform the other Member States and the Commission of the measures adopted and the time period they cover, stating the grounds for its decision. This approach permits a Member State to act quickly and effectively in emergency situations to protect health, the environment and economic interests.

Amendment 552 #

Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 1

By way of derogation from Articles 2, 5, 6, 7, 8 ~~and 20~~, 9, 20, 26, 27 and 47 to 53, the Commission may, by means of ~~implementing~~delegated acts, decide on the organisation of temporary experiments to seek improved alternatives to provisions of this Regulation concerning the genera and species it applies to, the requirements for belonging to a registered variety, a conservation variety, a PRM of heterogeneous material, the production and marketing requirements for pre-basic, basic, certified and standard material or seed, and the obligation to belong to pre-basic, basic and certified material or seed.

Amendment 553 #

Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 1

By way of derogation from Articles 2, 5, 6, 7, 8 ~~and 20~~, 20, 26, 27 and 47 to 54, the Commission may, by means of implementing acts, decide on the organisation of temporary experiments to seek improved alternatives to provisions of this Regulation concerning the genera and species it applies to, the requirements for belonging to a registered variety, the production and marketing requirements for pre-basic, basic, certified and standard material or seed, and the obligation to belong to pre-basic, basic and certified material or seed.

Amendment 554 #

Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2

Those experiments may take the form of technical or scientific trials examining the feasibility and appropriateness of new requirements compared to the ones set out in Articles 2, 5, 6, 7, 8 and 20 of this Regulation. Multi actor stakeholders shall be involved in the development of implementing acts for these temporary experiments.

Amendment 555 #

Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2

Those experiments may take the form of technical or scientific trials examining the feasibility and appropriateness of new requirements compared to the ones set out in Articles 2, 5, 6, 7, 8 ~~and 20~~, 9, 20, 26, 27 and 47 to 53 of this Regulation.

Amendment 556 #

Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2

Those experiments may take the form of technical or scientific trials examining the feasibility and appropriateness of new requirements compared to the ones set out in Articles 2, 5, 6, 7, 8 ~~and 20~~, 20, 26, 27 and 47 to 54 of this Regulation.

Amendment 557 #

Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1

PRM may only be imported from third countries in final packages, if it is established, pursuant to paragraph 2, that it fulfils requirements equivalent to those applicable to PRM produced and marketed in the Union. No such import shall be allowed, and no such equivalence shall be recognised pursuant to paragraph 2, for the preservation mixtures such as those referred to in Article 22, and for PRM such as that subject to the derogations of Articles 26 - 30.

Amendment 558 #

Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1

PRM may only be imported from third countries in its final packaging, if it is established, pursuant to paragraph 2, that it fulfils requirements equivalent to those applicable to PRM produced and marketed in the Union.

Amendment 559 #

Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 2

However, no such import shall be allowed, and no such equivalence shall be recognised pursuant to paragraph 2, for the preservation mixtures such as those referred to in Article 22, and for PRM such as that subject to the derogations of Articles 26 - 30.deleted

Amendment 560 #

Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 2

Amendment 561 #

Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 2

Amendment 562 #

Proposal for a regulation
Article 40 – paragraph 1 – subparagraph 3 – point g

(g) the name of the ~~person~~final user, farmer or professional operator importing the PRM.

Amendment 563 #

Proposal for a regulation
Article 40 – paragraph 2 – point g

(g) the name of the ~~person~~final user, farmer or professional operator importing the PRM.

Amendment 564 #

Proposal for a regulation
Article 41 – paragraph 1 – introductory part

Professional operators, which produce PRM, excluding the categories referred to in Article 5 (point a-h) shall:

Amendment 565 #

Proposal for a regulation
Article 41 – paragraph 1 – introductory part

Professional operators~~, which produce PRM~~ with the exception of micro-enterprises, which produce PRM with the aim of commercial exploitation, shall:

Amendment 566 #

Proposal for a regulation
Article 41 – paragraph 1 – introductory part

Professional operators, which ~~produce PRM~~are not micro-enterprises, which produce PRM with the aim of commercial exploitation, shall:

Amendment 567 #

Proposal for a regulation
Article 41 – paragraph 1 – introductory part

Professional operators, ~~which produce PRM~~as defined in article 3 (2) of this regulation, which produce PRM with a view to marketing, shall:

Amendment 568 #

Proposal for a regulation
Article 41 – paragraph 1 – point b

~~(b) be registered in the register referred to Article 65 of Regulation (EU) 2016/2031, in accordance with Article 66 of that Regulation;~~deleted

Amendment 569 #

Proposal for a regulation
Article 41 – paragraph 1 a (new)

The requirements laid down in paragraph 1 (d) and (e) shall not apply to micro- enterprises.

Amendment 570 #

Proposal for a regulation
Article 42 – paragraph 1

1. Professional operators shall ensure that PRM, excluding the categories referred to in Article 5 (point a-h) is traceable at all stages of production and marketing.

Amendment 571 #

Proposal for a regulation
Article 42 – paragraph 1

1. Professional operators, with the exception of micro-enterprises, shall ensure that PRM is traceable at all stages of production and marketing.

Amendment 572 #

Proposal for a regulation
Article 42 – paragraph 3

3. Professional operators, with the exception of micro-enterprises, shall keep records of the PRM and the professional operators and persons referred to in paragraph 2 for 3 years after that material has been respectively supplied to or by them.

Amendment 573 #

Proposal for a regulation
Article 42 – paragraph 3 a (new)

3a. Micro-enterprises shall be exempt from the obligations laid down in paragraphs 1 - 3 of this Article.

Amendment 574 #

Proposal for a regulation
Article 42 – paragraph 3 a (new)

3a. Micro-enterprises are exempt from the obligations in paragraphs 1-3.

Amendment 575 #

Proposal for a regulation
Article 43

Article 43 Annual notification of the intended production and certification of pre-basic, basic and certified seed and material Every year, professional operators shall notify the competent authorities about: (a) their intention to produce pre-basic, basic and certified material or pre-basic, basic and certified seed, at least one month before the beginning of that production; and (b) the production of pre-basic, basic and certified material that started in pevious years and continues in the year concerned. That notification shall state the plant species, varieties and categories concerned and the exact location of production.deleted

Amendment 576 #

Proposal for a regulation
Article 43

Amendment 577 #

Proposal for a regulation
Article 43 – paragraph 1 – point a

(a) their intention to produce pre-basic, basic and certified material or pre-basic, basic and certified seed, ~~at least one month~~ before the beginning of that production; and

Amendment 578 #

Proposal for a regulation
Article 44 – paragraph 1 – introductory part

1. Each Member State shall establish and publish, in electronic format, and shall keep permanently updated a single national register of varieties (‘national variety register’) containing:

Amendment 579 #

Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1

The Union variety register shall include the varieties, registered in national variety registers and notified in accordance with Article 44, and be updated monthly.

Amendment 580 #

Proposal for a regulation
Article 46 – paragraph 2

2. The Commission is empowered to adopt a delegated act in accordance with Article 75, in order to amend Annex VII only to further add elements that need to be included in the variety registers, taking into account the technical and scientific developments, and on the basis of gained experience indicating the need of competent authorities or professional operators to obtain more precise information about the registered varieties.

Amendment 581 #

Proposal for a regulation
Article 46 – paragraph 2

2. The Commission is empowered to adopt a delegated act in accordance with Article 75, in order to amend Annex VII to further add elements that need to be included in the variety registers , taking into account the technical and scientific developments, and on the basis of gained experience indicating the need of competent authorities or professional operators to obtain more precise information about the registered varieties.

Amendment 582 #

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point a – point i

(i) an official description showing compliance with the requirements of distinctness, uniformity and stability set out in Articles 48, 49 and 50, and fulfil the requirements for satisfactory value for sustainable cultivation and use, for species listed in Part A of Annex I, with more than 50 varieties in the national variety register as set out in Article 52; or

Amendment 583 #

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point a – point i

(i) an official description showing compliance with the requirements of distinctness, uniformity and stability set out in Articles 48, 49 and 50, ~~and~~in the case of species listed in Part A, Part D and Part E of Annex I fulfil the requirements for satisfactory value for sustainable cultivation and use, as set out in Article 52; or

Amendment 584 #

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point a – point i

(i) an official description showing compliance with the requirements of distinctness, uniformity and stability set out in Articles 48, 49 and 50, and, for agricultural crops other than vegetables, as listed in Annex IV part A, fulfil the requirements for satisfactory value for ~~sustainable~~ cultivation and use, as set out in Article 52; or

Amendment 585 #

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point a – point ii

(ii) an officially recognised description pursuant to Article 53, if they are conservation varieties or fruit varieties;

Amendment 586 #

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point a – point ii

(ii) an officially recognised description pursuant to Article 53, if they are conservation varieties or fruit varieties;

Amendment 587 #

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point f

(f) where the varieties are tolerant to herbicides, they are subject to cultivation conditions for the production of PRM and for any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities responsible for registration, to avoid the development of herbicide resistance in weeds due to their use; where a plan establishing such cultivation conditions has already been submitted, it shall apply also to the registrations of subsequent varieties with similar characteristics;

Amendment 588 #

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point f

(f) where the varieties are tolerant to herbicides, they are subject to submitting a plan for cultivation conditions for the production of PRM, and for any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities responsible for registration, to avoid the development of herbicide resistance in weeds due to their use; when a plan for cultivation conditions has already been submitted the application for registrations of subsequent varieties with similar characteristics would adhere to that same plan.

Amendment 589 #

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point f

(f) where the varieties are tolerant to herbicides, they are subject to cultivation conditions for the production of PRM and for any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities responsible for registration, to avoid the development of herbicide resistance in weeds due to their use; where a plan setting out these cultivation conditions has already been submitted, it shall also apply to subsequent registrations of varieties with similar characteristics;

Amendment 590 #

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point f

(f) where the varieties are tolerant to herbicides, they are subject to cultivation conditions for the production of PRM and for any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities responsible for registration of all of the Member States in which the variety will be marketed, to avoid the development of herbicide resistance in weeds due to their use; These conditions will be subject to a public consultation process by the competent authority before they are adopted;

Amendment 591 #

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point f

(f) where the varieties are tolerant to herbicides, they are subject to cultivation conditions for the production of PRM and for any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities ~~responsible for registration~~of all of the Member States in which the variety will be marketed, to avoid the development of herbicide resistance in weeds due to their use. The competent authority will conduct a public consultation to identify the most effective conditions;

Amendment 592 #

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point f

(f) where the varieties are tolerant to herbicides, they are subject to cultivation conditions for the production of PRM and for any other purpose, adopted pursuant to paragraph 3 ~~or, in the case they have not been adopted, as~~by the competent authorities responsible for registration and, in the case the varieties are to be cultivated in another Member State, adopted by the respective competent authorit~~ies responsible for registration,~~y, in order to avoid the development of herbicide resistance in weeds due to their use;

Amendment 593 #

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point g

(g) where the varieties have particular characteristics other than the ones referred to in point (f) that may lead to undesirable agronomic effects, they are subject to cultivation conditions for the production of PRM and any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities responsible for their registration, to avoid those particular undesirable agronomic effects, such as the development of resistance of pests to the respective varieties or undesirable effects on pollinators.; where a plan setting out these cultivation conditions has already been submitted, it shall also apply to subsequent registrations of varieties with similar characteristics;

Amendment 594 #

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point g

(g) where the varieties have particular characteristics other than the ones referred to in point (f) that may lead to undesirable agronomic effects, they are subject to cultivation conditions for the production of PRM and any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted of all of the Member States in which the variety will be marketed, as adopted by the competent authorities responsible for their registration, to avoid those particular undesirable agronomic effects, such as the development of resistance of pests to the respective varieties or undesirable effects on pollinators. These conditions will be subject to a public consultation process by the competent authority before they are adopted.

Amendment 595 #

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point g

(g) where the varieties have particular characteristics other than the ones referred to in point (f) that may lead to undesirable agronomic effects, they are subject to cultivation conditions for the production of PRM and any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities responsible for their registration, to avoid those particular undesirable agronomic effects, such as the development of resistance of pests to the respective varieties or undesirable effects on pollinators; where a plan establishing such cultivation conditions has already been submitted, it shall apply also to the registrations of subsequent varieties with similar characteristics.

Amendment 596 #

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point g

(g) where the varieties have particular characteristics other than the ones referred to in point (f) that may lead to undesirable agronomic effects, they are subject to cultivation conditions for the production of PRM and any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities ~~responsible for their registration~~of all the Member States in which the variety will be marketed, to avoid those particular undesirable agronomic effects, such as the development of resistance of pests to the respective varieties or undesirable effects on pollinators. The competent authority will conduct a public consultation to identify the most effective conditions.

Amendment 597 #

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point g

(g) where the varieties have particular characteristics other than the ones referred to in point (f) that may lead to undesirable agronomic effects, they are subject to cultivation conditions for the production of PRM and any other purpose, adopted pursuant to paragraph 3 ~~or, in the case they have not been adopted, as~~by the competent authorities responsible for their registration and, in the case the varieties are to be cultivated in another Member State, adopted by the respective competent authorit~~ies responsible for their registration,~~y, in order to avoid those particular undesirable agronomic effects, such as the development of resistance of pests to the respective varieties or undesirable effects on pollinators.

Amendment 598 #

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point g a (new)

(ga) any Member State may, upon an application, which shall be dealt with under the procedure referred to in Article 76, be authorised to prohibit the use of the variety in all or in part of its territory or to lay down appropriate conditions for cultivating the variety consisting of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...), where it is established that the cultivation of the variety could be harmful from the point of view of plant health to the cultivation of other varieties or species; or where it has valid reasons other for considering that the cultivation of the variety in their territory presents a risk for human health or the environment;

Amendment 599 #

Proposal for a regulation
Article 47 – paragraph 2 – subparagraph 1 – introductory part

The Commission shall adopt, by means of implementing acts, specific requirements for carrying out the examinations in respect of trial design and growing conditions concerning:

Amendment 600 #

Proposal for a regulation
Article 47 – paragraph 3 – subparagraph 1 – introductory part

The Commission is empowered to adopt delegated acts in accordance with Article 75, supplementing this Regulation with definition of particular characteristics that may lead to undesirable agronomic effects pursuant to paragraph 1(g) and the minimum cultivation conditions to be adopted by the competent authorities pursuant to paragraphs 1(f) and (g), concerning:

Amendment 601 #

Proposal for a regulation
Article 47 – paragraph 4

4. For the purpose of registering a variety in its national variety register, a competent authority ~~shall accept, without any further examination,~~may use an official description or an official examination of the requirements for value for sustainable cultivation and use, as referred to in paragraph 1, point (a)(i), which has been produced by a competent authority of another Member State, if equivalent recognition measures exist between the two competent authorities.

Amendment 602 #

Proposal for a regulation
Article 47 – paragraph 4

4. For the purpose of registering a variety in its national variety register, a competent authority ~~shall~~may accept, without any further examination, an official description, an officially recognised description or an official examination of the requirements for value for sustainable cultivation and use, as referred to in paragraph 1, point (a)(i), which has been produced by a competent authority of another Member State.

Amendment 603 #

Proposal for a regulation
Article 48

Article 48 Distinctness 1. For the purposes of the official description, referred to in Article 47(1), point (a), a variety shall be deemed to be distinct, if it is clearly distinguishable, by reference to the expression of the characteristics that results from a particular genotype or combination of genotypes, from any other variety whose existence is commonly known on the date of the submission of the application established in accordance with Article 58. 2. The existence of another variety, as referred to in paragraph 1, shall be deemed to be commonly known, if one or more of the following conditions are complied with: (a) the variety is included in a national variety register; (b) an application for registration of the variety, or an application for granting a plant variety right in respect of that variety, has been filed in the Union; or (c) an official description of that variety exists in the Union, it is commonly known worldwide, or the technical examination has been conducted pursuant to Article 59. 3. Where paragraph 2, point (c) applies, the person(s) responsible for the technical examinations shall make available to the competent authorities the official description of the variety examined by them.deleted

Amendment 604 #

Proposal for a regulation
Article 48 – paragraph 1

1. For the purposes of the official description, referred to in Article 47(1), point (a), a variety shall be deemed to be distinct, if it is clearly distinguishable, by reference to the expression of the characteristics that results from a particular genotype or combination of genotypes, from any other variety ~~whose existence is~~of commonly knownledge on the date of the submission of the application established in accordance with Article 58.

Amendment 605 #

Proposal for a regulation
Article 48 – paragraph 2 – point a

(a) the variety is included in a national variety register, the commercial catalogue of a professional operator selling PRM to final users, or documentation made publicly available or provided to the competent authority by any natural or legal persons, especially farmers or actors involved in the conservation and sustainable use of plant genetic resources and agro-biodiversity;

Amendment 606 #

Proposal for a regulation
Article 48 – paragraph 2 – point a

(a) the variety is included in a national variety register, the commercial catalogue of a professional operator selling PRM to final users, or documentation made publicly available or provided to the competent authority by natural or legal persons involved in the dynamic conservation, enrichment and sustainable use of plant genetic diversity;

Amendment 607 #

Proposal for a regulation
Article 48 – paragraph 2 – point c

(c) an official description of that variety exists in the Union, it is commonly ~~known worldwide~~or publicly known, or the technical examination has been conducted pursuant to Article 59.

Amendment 608 #

Proposal for a regulation
Article 52 – title

Value for ~~sustainable~~ cultivation and use

Amendment 609 #

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 1

For the purposes of Article 47(1), point (c), the value of a variety for sustainable cultivation and use of a variety belonging to a species listed in Part A, Part D and Part E of Annex I shall be considered as satisfactory if, compared to other varieties of the same species registered in the national variety register of the respective Member State, its characteristics, taken as a whole, as well as the variety´s life cycle, including the production system in which it will be cultivated, offers a clear improvement for the sustainable cultivation and the uses which can be made of the crops, other plants or the products derived therefrom, considering its intended uses and cultivation zone.

Amendment 610 #

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 1

For the purposes of Article 47(1), point (c), the value of a variety for ~~sustainable~~ cultivation and use of a variety shall be considered as satisfactory if, compared to other varieties of the same species registered in the national variety register of the respective Member State, its characteristics, taken as a whole, as well as the variety’s life cycle, including the production system in which it will be cultivated, offer a clear improvement for the sustainable cultivation and the uses which can be made of the crops, other plants or the products derived therefrom.

Amendment 611 #

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point f

(f) characteristics that enhance the sustainability of cultivation, harvesting, storage, processing and distribution;

Amendment 612 #

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point f

(f) characteristics that enhance the sustainability ofcultivation, harvesting, storage, processing ~~and~~, distribution; and use.

Amendment 613 #

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point g

(g) quality, technological or nutritional characteristics.

Amendment 614 #

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point g a (new)

(ga) would strengthen the economic and social sustainability of a given terroir, impacting positively on the conservation and preservation of the traditional landscape.

Amendment 615 #

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point g a (new)

(ga) in the case of fruit and vegetable varieties: characteristics that enhance consumption.

Amendment 616 #

Proposal for a regulation
Article 52 – paragraph 2

2. For the prurpose of paragraph 1, Member States may collaborate with other Member States with similar agro- ecological conditions. Those Member States may establish shared facilities for carrying out the examination for value for ~~sustainable~~ cultivation and use.

Amendment 617 #

Proposal for a regulation
Article 52 – paragraph 2 a (new)

2a. Examination of the value for sustainable cultivation and use shall be made possible for the species listed in Parts B and C of Annex I on a voluntary basis. Where the examination of the sustainable cultivation and use has been carried out by an official competent authority or under the official supervision and guidance of the competent authority pursuant to Article 61, it shall allow the inclusion of claim on the area of the label mentioned in Paragraph 5 of Article 17. That claim shall only concern the characteristics that have shown to offer a clear improvement compared to other varieties of the same species during the examination tests. The voluntary system will allow competent authorities to develop methodologies to assess the characteristics listed under paragraph 1, points (a) to (g).

Amendment 618 #

Proposal for a regulation
Article 52 – paragraph 2 b (new)

2b. In the case of a genetically modified variety within the meaning of Article 2(1) and (2) of Directive 90/220/EEC, or a Category 1 NGT plant as defined in Article 3(7) of Regulation (EU) .../... (Office of Publications, please insert reference to NGT Regulation ...) or a Category 2 NGT as defined in Article 3(8) of Regulation (EU) .../... (Office of Publications, please insert reference to NGT Regulation …) the variety shall be accepted only if all appropriate measures have been taken to avoid adverse effects on human health and the environment.

Amendment 619 #

Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2 a (new)

For vegetables, fruit and vine propagating material, these delegated acts should provide for a relaxation of minimum requirements, as well as methodologies and standards adapted to the specific features of these sectors, to avoid holding back diversity and innovation.

Amendment 620 #

Proposal for a regulation
Article 52 – paragraph 4 – subparagraph 1

~~For the purposes of registration of organic varieties suitable for organic production as defined in Article 3(19) of Regulation (EU) 2018/848, t~~The examination of the value for ~~sustainable~~ cultivation and use shall be conducted under organic conditions, in accordance with that Regulation, and in particular Article 5, points (d), (e), (f) and (g), and Article 12 thereof and Part I of Annex II to that Regulation.

Amendment 621 #

Proposal for a regulation
Article 52 – paragraph 4 – subparagraph 2

WFor the purposes of registration of organic varieties suitable for organic production as defined in Article 3(19) of Regulation (EU) 2018/848 no exemptions from organic testing conditions shall be made. For all other varieties, where competent authorities are not able to carry out an examination under organic conditions, or the examination of certain characteristics, including disease susceptibility, testing may be carried out under low-input conditions and with only the absolutely necessary for the completion of the testing treatments with pesticides and other external inputs. Where applicable, the Member States shall report yearly to the Commission on the reasons behind and implementation of testing under non-organic conditions, and the measures foreseen to enable this transition in future. These reports shall be published annually by the Commission.

Amendment 622 #

Proposal for a regulation
Article 52 – paragraph 4 – subparagraph 2

Where competent authorities are not able to carry out an examination under organic conditions, or the examination of certain characteristics, including disease susceptibility, testing may be carried out under in-conversion or low-input conditions and with only the absolutely necessary ~~for the completion of the testing~~ treatments with pesticides and other external inputs for the completion of the testing. Where applicable, Member States must report annually to the Commission on the reasons implying those treatments as well as on the commitments taken to enable this transition in the future.

Amendment 623 #

Proposal for a regulation
Article 52 – paragraph 4 a (new)

4a. By the fifth year after the date of application of this Regulation, the Commission shall evaluate the results of the voluntary system referred to in paragraph 3, and summarize the results of this evaluation in a report, assessing whether that examination should be made or not mandatory for some or all the species listed in Parts B and C of Annex I..

Amendment 624 #

Proposal for a regulation
Article 53 – paragraph 1 – introductory part

1. By way of derogation from Articles 48, 49, 50, 52, 55(2), 56, 57, and 59 to 657, a conservation variety shall be registered in a national variety register if it complies with the following conditions:

Amendment 625 #

Proposal for a regulation
Article 53 – paragraph 1 – point b

(b) it has an indication of its initial region of origin or the local conditions to which has been bred for;

Amendment 626 #

Proposal for a regulation
Article 53 – paragraph 1 – point b

(b) it has an indication of its initial region of origin, when known ;

Amendment 627 #

Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 (new)

The registration is free of charge for the applicant.

Amendment 628 #

Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 (new)

The registration is free of charge for the applicant.

Amendment 629 #

Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2

The competent authority shall accept or reject the registration of a conservation variety, after checking its compliance with paragraph 1. Decisions refusing the registration of a conservation variety in the national variety register shall state the reasons justifying such refusal. The competent authority shall communicate to the applicant the decision.

Amendment 630 #

Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2

The competent authority shall accept or reject the registration of a conservation variety, after checking its compliance with paragraph 1. The competent authority shall communicate to the applicant the decision, stating the reasons justifying such refusal.

Amendment 631 #

Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2 a (new)

Decisions refusing the registration of a conservation variety in the national variety register shall state the reasons justifying such refusal. The competent authority shall communicate to the applicant the decision.

Amendment 632 #

Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2 b (new)

The decisions may be appealed, in accordance with the administrative rules of the Member State concerned. Any appeal against a decision shall have a suspensory effect on the registration of the respective variety.

Amendment 633 #

Proposal for a regulation
Article 53 – paragraph 3 – point a

(a) it is already listed in the Union variety register with an official description, pursuant to Article 44(1), point (a), or ~~it was deleted from the Union variety register as a variety with an official description within the last 2 years, or within 2 years from the expiry of the period granted pursuant to Article 71(2), or~~

Amendment 634 #

Proposal for a regulation
Article 53 – paragraph 4 – subparagraph 1

The officially recognised description referred to in paragraph 1, point (a), shall be based on results of unofficial tests, knowledge gained from practical experience during cultivation, reproduction and use, where applicable and available, or other information, in particular from the plant genetic resource authorities or from organisations recognised for this purpose by Member States.

Amendment 635 #

Proposal for a regulation
Article 53 – paragraph 4 – subparagraph 2

The Commission may, by means of implementing acts, specify the characteristics and information that that description should cover if appropriate for specific species. Such implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).deleted

Amendment 636 #

Proposal for a regulation
Article 53 – paragraph 4 – subparagraph 2

Amendment 637 #

Proposal for a regulation
Article 53 a (new)

Article 53a Requirements for the registration of a selected clone and polyclonal PRM in the national register 1. The applicant shall submit an application to the competent authority indicating: (a) species and, as applicable, variety to which the selected clone or polyclonal PRM belongs, whereby the variety shall be registered in a national variety register referred to in Article 44; (b) proposed denomination and synonyms; (c) where applicable, description of the polyclonal PRM; (d) the maintainer of the selected clone or polyclonal PRM; (e) reference to the description of the main characteristics of the variety to which the selected clone or polyclonal PRM belongs; (f) description of the main VSCU characteristics of the selected clone or polyclonal PRM; (g) the estimated genetic gains of the selected clone or polyclonal PRM in relation to the overall performance of the relevant variety; (h) information on whether the selected clone or polyclonal PRM is already registered in a register of another Member State. 2. The selected clone shall fulfil the following requirements in order to be registered: (a) the selected clone shall be selected within the variety it belongs for some special intravarietal phenotypic traits and its phytosanitary status that give the selected clone a better performance, in accordance with internationally accepted methods 1a; (b) the trueness of the selected clone to the identity of the variety shall be ensured through the observation of the phenotypic characteristics and, where appropriate, through molecular analysis pursuant to internationally accepted standards. 3. The polyclonal PRM shall fulfil the following requirements in order to be registered: (a) the polyclonal PRM shall be selected in a single field trial containing a representative sample of the overall genetic diversity of the variety according to an experimental design based on internationally accepted methods. That design shall be based on methods prescribed by the International organisation of vine and wine and shall be composed of 7 to 20 distinct genotypes 1b; (b) the trueness of the polyclonal PRM to the identity of the variety shall be ensured through the observation of the phenotypic characteristics and, where appropriate, through molecular analysis pursuant to internationally accepted standards. 4. The competent authority shall decide on the registration only after it concludes that the conditions set out in paragraphs 2 and 3, as applicable for the type of material, are fulfilled. _________________ 1a Office International de la Vigne et du Vin (OIV), resolution OIV-VITI 564A- 2017. 1b Office International de la Vigne et du Vin (OIV), resolution OIV-VITI 564B- 2019.

Amendment 638 #

Proposal for a regulation
Article 54

~~[...]~~deleted

Amendment 639 #

Proposal for a regulation
Article 54 – paragraph 1 – point c – paragraph 1 – introductory part

it is identical to, or may be confused with, a variety denomination or in the commercial catalogue of a professional operator, or in documentation made publicly available or submitted to the competent authority by any natural or legal person, including farmers and actors involved in the conservation and sustainable use of plant genetic resources and agro-biodiversity:

Amendment 640 #

Proposal for a regulation
Article 54 – paragraph 1 – point c – paragraph 1 – point i

(i) 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 in the commercial catalogue of a professional operator, or in documentation made publicly available or submitted to the competent authority by a natural or legal person involved in the dynamic conservation and sustainable use of plant genetic resources and agro-biodiversity; or

Amendment 641 #

Proposal for a regulation
Article 54 – paragraph 1 – point c – paragraph 1 – point ii a (new)

(iia) of another unregistered traditional or local variety or the products derived from them;

Amendment 642 #

Proposal for a regulation
Article 54 – paragraph 1 – point c – paragraph 2

~~unless variety referred to in point (i) or (ii) no longer remains in existence and its denomination has acquired no special significance;~~deleted

Amendment 643 #

Proposal for a regulation
Article 54 – paragraph 3 – subparagraph 1

Where, after the registration of a variety, it is established by the competent authority that at the time of the registration the denomination of the variety was not suitable within the meaning of paragraphs 1 and 2, the applicant shall submit an application for a new denomination. The competent authority shall decide on that application upon consultation with CPVO and relevant stakeholders .

Amendment 644 #

Proposal for a regulation
Article 54 – paragraph 3 – subparagraph 2 a (new)

Competent authorities shall cooperate and consult one another when determining the suitability of variety denomination in a working group set up to that effect.

Amendment 645 #

Proposal for a regulation
Article 54 – paragraph 4

~~4. The Commission is empowered to adopt~~ delegated acts in accordance with Article 75, supplementing this Regulation by setting out specific criteria concerning the suitability of variety denominations as regards: (a) their relation to trade marks; (b) their relation to geographical indications or designations of origin for agricultural products; (c) written consents of holders of prior rights to remove impediments to the suitability of a denomination; (d) determination of whether a denomination is misleading or confusing as referred to in paragraph 1, point (f); and (e) the use of a denomination in the form of a code.

Amendment 646 #

Proposal for a regulation
Article 56

~~[...]~~deleted

Amendment 647 #

Proposal for a regulation
Article 56 – paragraph 1 – point d

(d) a pro~~posed denomi~~visional designation;

Amendment 648 #

Proposal for a regulation
Article 56 – paragraph 1 – point k

(k) where the application concerns conservation varieties, information related to the production of an officially recognised description of the variety, a proof of that description and any document or publication supporting it;deleted

Amendment 649 #

Proposal for a regulation
Article 56 – paragraph 1 – point l a (new)

(la) in the case of an application concerning varieties protected by a granted patent or a pending application for patent, the proof that the variety is protected by such right, with all corresponding information thereof;

Amendment 650 #

Proposal for a regulation
Article 56 – paragraph 1 – point o

(o) ~~the intended use or conditions of cultivation, if applicable pursuant to Article 47(2), of the variety.~~in case the variety is tolerant to herbicides pursuant to Article 47(1)(f) or has particular characteristics that may lead to undesirable agronomic effects pursuant to Article(1)(g), indication of that fact;

Amendment 651 #

Proposal for a regulation
Article 56 – paragraph 1 – point o

(o) in case the variety is tolerant to herbicides pursuant to Article 47(1)(f) or has particular characteristics that may lead to undesirable agronomic effects pursuant to Article(1)(g), indication of that fact and the intended use or conditions of cultivation~~, if applicable pursuant to Article 47(2),~~ of the variety.

Amendment 652 #

Proposal for a regulation
Article 56 – paragraph 1 – point o

Amendment 653 #

Proposal for a regulation
Article 56 – paragraph 1 – point o a (new)

(oa) the breeding methods used for the development of the variety, including but not limited to an indication if the variety is a F1 hybrid;

Amendment 654 #

Proposal for a regulation
Article 56 – paragraph 1 – point o a (new)

(oa) the applicant shall propose a variety denomination which may accompany the application.

Amendment 655 #

Proposal for a regulation
Article 56 – paragraph 1 – point o a (new)

(oa) the breeding methods used for the development of the variety;

Amendment 656 #

Proposal for a regulation
Article 56 – paragraph 1 – point o b (new)

(ob) the existence of any intellectual property rights covering the variety, its components, characteristics and development process, including where applicable the number of any relevant patent(s).

Amendment 657 #

Proposal for a regulation
Article 56 – paragraph 1 – point o b (new)

(ob) the existence of intellectual property rights on the variety as a whole or its components.

Amendment 658 #

Proposal for a regulation
Article 56 – paragraph 1 a (new)

1a. If the information pursuant to paragraph 1(j), (l), (m), (n), (o), (oa) and (ob) is omitted, the competent authority shall reject or, where applicable, withdraw the registration of the variety and apply a fine.

Amendment 659 #

Proposal for a regulation
Article 56 – paragraph 2

2. The application for registration of a variety in a national variety register shall be accompanied by a sample to be used for the examination of that variety. The competent authority of the respective Member State shall set a deadline for the submission of that sample and specify its quality and quantity. If the information pursuant to paragraph 1(j), (l), (m), (n), (o), (p) and (q) is omitted, the competent authority shall reject or, where applicable, withdraw the registration of the variety.

Amendment 660 #

Proposal for a regulation
Article 58

Article 58 Date of application for registration The date of the submission of the application for registration shall be the date on which the application, fully complying with the requirements laid down in Article 56, is received by the competent authority of the respective Member State. The competent authorities shall immediately send to the applicant a confirmation of the successful submission of the application, including information on the date of that submission.deleted

Amendment 661 #

Proposal for a regulation
Article 61 – paragraph 1 – introductory part

1. By way of derogation from Article 59(2), and only for breeders under the voluntary system referred to in Article 52 (2a new) the technical examination of whether the variety has a sustainable value for cultivation and use, in accordance with Article 52, or part of it, may be carried out by the applicant if:

Amendment 662 #

Proposal for a regulation
Article 61 – paragraph 1 – introductory part

1. By way of derogation from Article 59(2), the technical examination of whether the variety has a sustainable value for cultivation and use, in accordance with Article 52, or part of it, ~~may be~~the competent authority may authorize that the VSCU is carried out by the applicant if:

Amendment 663 #

Proposal for a regulation
Article 61 – paragraph 1 – introductory part

1. By way of derogation from Article 59(2), the technical examination of whether the variety has a ~~sustainable~~ value for cultivation and use, in accordance with Article 52, or part of it, may be carried out by the applicant if:

Amendment 664 #

Proposal for a regulation
Article 61 – paragraph 1 a (new)

1a. Paragraph 1 does not apply in the cases where the variety: (a) contains or consists of a genetically modified organism, evidence that the genetically modified organism in question is authorised for cultivation in the Union, in accordance with Directive 2001/18/EC or Regulation (EC) No 1829/2003, or, where applicable, in the respective Member State in accordance with Article 26b of Directive 2001/18/EC; (b) contains or consists of a category 1 NGT as defined in Article 3(7) of Regulation (EU) …/… of the European Parliament and of the Council26 (Office of Publications, please insert reference to NGT Regulation), evidence that the plant has obtained a declaration of category 1 NGT plant status pursuant to Article 6 or 7 of that Regulation or is progeny of such plant(s); (c) contains or consists of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation), indication of that fact; is tolerant to herbicides pursuant to Article 47(1)(f) or has particular characteristics that may lead to undesirable agronomic effects pursuant to Article(1)(g).

Amendment 665 #

Proposal for a regulation
Article 61 – paragraph 5 a (new)

5a. No authorisation shall be granted in the cases where a variety is a genetically modified variety within the meaning of Article 2(1) and (2) of Directive 90/220/EEC, or a Category 1 NGT plant as defined in Article 3(7) of Regulation (EU) .../... (Office of Publications, please insert reference to NGT Regulation ...) or a Category 2 NGT as defined in Article 3(8) of Regulation (EU) .../... (Office of Publications, please insert reference to NGT Regulation …), or a variety tolerant to herbicides pursuant to Article 47(1)(f) or has particular characteristics that may lead to undesirable agronomic effects pursuant to Article(1)(g).

Amendment 666 #

Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1 – introductory part

The Commission is empowered to adopt delegated acts in accordance with Article 75, supplementing the requirements on the technical examination laid down in Article 59. Those delegated acts may concern the competent authorities, the applicant or a third contracting party:

Amendment 667 #

Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1 – point a

(a) qualification, training and activities of staff of the competent authority, accredited third parties or of the applicant, for the purposes of the technical examination referred to in Article 61;

Amendment 668 #

Proposal for a regulation
Article 63 – paragraph 2

2. In the case of varieties of PRM intended exclusively for the production of agricultural raw materials for industrial purposes, certain elements of the technical examination and the intended uses of those varieties, whose public disclosure may affect the competitive position of the applicant, shall be treated as confidential, if that applicant requests so.deleted

Amendment 669 #

Proposal for a regulation
Article 63 – paragraph 3

3. This Article shall apply without prejudice to Article 8 of Regulation (EU) 2017/625. The competent authorities shall take due account of the respect of confidentiality of commercial or industrial information where such confidentiality is provided for by Union or national law to protect a legitimate economic interest.

Amendment 670 #

Proposal for a regulation
Article 66 – paragraph 1

After the formal examination of the application provided for in Article 57, and prior to the registration of a variety in a national variety register pursuant to Article 67, the competent authority shall consult ~~the CPVO on~~relevant stakeholders at national level, as well as the Committee mentioned in Article 76(1) on the suitability of the variety denomination proposed by the applicant in light of the requirements of Article 54.

Amendment 671 #

Proposal for a regulation
Article 66 – paragraph 2

The~~t CPVO~~ competent authority may also consult the CPVO, which shall submit to the competent authority a recommendation on the suitability of the variety denomination proposed by the applicant, in accordance with Article 54. The competent authority shall inform the applicant on thate recommendation.

Amendment 672 #

Proposal for a regulation
Article 66 – paragraph 2 a (new)

The CPVO shall verify, where necessary through wide consultation with the public, genetic re-source centres, farmers' organisations, local communities and national and territorial authorities, that this denomination is not already being used for varieties already developed, conserved or cultivated by farmers, local communities or breeders who market their products under this de-nomination without ever having registered it.

Amendment 673 #

Proposal for a regulation
Article 67 – paragraph 2 – point a

(a) it establishes that the respective requirements set out in Article 47(1) and 48 are not fulfilled; or

Amendment 674 #

Proposal for a regulation
Article 67 – paragraph 5

5. The decisions referred to in paragraph 1 and 2 may be appealed by any natural or legal person at any time, in accordance with the administrative rules of the Member State concerned. Any appeal by the applicant or third parties against a decision referred to in paragraph 1 shall have a suspensory effect on the registration of the respective variety.

Amendment 675 #

Proposal for a regulation
Article 68 – paragraph 1

1. By way of derogation from Articles 54 to 67, the competent authorities shall immediately register in their national variety registers all varieties officially accepted or registered before … [the date of the entry into force of this Regulation], in the catalogues, lists or registers established by their Member States pursuant to Article 5 of Directive 68/193/EEC, Article 3 of Directive 2002/53/EC, Article 3(2) of Directive 2002/55/EC and varieties with an official description pursuant to Article 7~~(4)~~ of Directive 2008/90/EC, without applying the registration procedure set out by those Articles.

Amendment 676 #

Proposal for a regulation
Article 68 – paragraph 1

Amendment 677 #

Proposal for a regulation
Article 68 – paragraph 1

Amendment 678 #

Proposal for a regulation
Article 68 – paragraph 2

2. By way of derogation from Article 53, varieties accepted in accordance with Article 3 of Directive 2008/62/EC, Article 3(1) and Article 321(1) of Directive 2009/145/EC and varieties with an officially recognised description pursuant to the Article 7 of Directive 2008/90/EC before… [OJ, please, insert the date of the entry into force of this Regulation] shall be immediately registered in the national variety registers as conservation varieties provided with an officially recognised description without applying the registration procedure set out by that Article.

Amendment 679 #

Proposal for a regulation
Article 68 – paragraph 2

Amendment 680 #

Proposal for a regulation
Article 68 – paragraph 2

2. By way of derogation from Article 53, varieties accepted in accordance with Article 3 of Directive 2008/62/EC and Article 3(1) and Article 21(1) of Directive 2009/145/EC and varieties with an official description pursuant to the Article 7 of Directive 2088/90/EC before… [OJ, please, insert the date of the entry into force of this Regulation] shall be immediately registered in the national variety registers as conservation varieties provided with an officially recognised description without applying the registration procedure set out by that Article.

Amendment 681 #

Proposal for a regulation
Article 68 a (new)

Article 68a Prohibition of specified reproductive material by Member States A Member State may, upon application, be authorised to prohibit the use of the variety in all or in part of its territory or to lay down appropriate conditions for cultivating the variety in accordance, in cases provided for in subparagraph (c), with the conditions for using the products resulting from such cultivation: (a) where it is established that the cultivation of the variety could be harmful from the point of view of plant health to the cultivation of other varieties or species; or (b) where official growing trials carried out in the applicant Member States show that the variety does not, in any part of its territory, produce results corresponding to those obtained from a comparable variety accepted in the territory of that Member State or, where it is well known that the variety is not suitable for cultivation in any part of its territory because of its type of maturity class. The application shall be lodged before the end of the third calendar year following that of acceptance; (c) where it has valid reasons other than those already mentioned for considering that the variety presents a risk for human health or the environment.

Amendment 682 #

Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2

However, that period of registration shall be 30 years for conservation varieties and varieties of species of fruit plants and vine propagating material, as listed respectively in Parts C and D of Annex I.

Amendment 683 #

Proposal for a regulation
Article 70 – paragraph 2

~~2. The application shall be submitted electronically. It shall be accompanied by evidence showing that the conditions set out in paragraph 3 are fulfilled.~~deleted

Amendment 684 #

Proposal for a regulation
Article 70 – paragraph 3

3. The renewal of the registration of a variety in a national variety register may only be granted, if: (a) the applicant has submitted sufficient evidence that the variety continues to comply with the respective requirements of Article 47(1); and (b) the competent authority of the respective Member State has established that there is a person responsible for the variety maintenance in accordance with Article 72.deleted

Amendment 685 #

Proposal for a regulation
Article 70 – paragraph 4

4. The competent authority may, on its own initiative, renew the registration of a variety, if it is still in large demand by the professional operators and farmers concerned, or it should be retained in the interest of conserving plant genetic resources, provided that the variety is no longer protected by a plant breeders’ right title according to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights, and provided that the variety is off the list for a minimum of two years and the maintenance is done by the competent authority.

Amendment 686 #

Proposal for a regulation
Article 70 – paragraph 4

Amendment 687 #

Proposal for a regulation
Article 71 – paragraph 1 – point a

(a) it concludes, on the basis of any new evidence, that the requirements for registration, as set out in Article 47(1) (a- e) are no longer fulfilled;

Amendment 688 #

Proposal for a regulation
Article 72 – paragraph 7 a (new)

7a. By way of derogation to paragraphs 1-7, conservation varieties shall be maintained by the applicant or by any other person notified by the applicant to the competent authority, without subsequent authorisation. Conservation variety maintenance may only take place in EU Member States with pedo-climatic conditions similar to those included in the officially recognised description of the variety.

Amendment 689 #

Proposal for a regulation
Article 72 – paragraph 7 a (new)

Amendment 690 #

Proposal for a regulation
Article 77 – paragraph 1 – point a

(a) quantities of certified and standard PRM ~~and areas used for their production per year and species~~ with a specification of the quantities used for organic varieties suitable for organic production;

Amendment 691 #

Proposal for a regulation
Article 77 – paragraph 1 – point b

~~(b) quantities of marketed PRM of heterogeneous material and areas used for their production per year and species;~~deleted

Amendment 692 #

Proposal for a regulation
Article 77 – paragraph 1 – point c

~~(c) quantities of marketed PRM of conservation varieties per year and species;~~deleted

Amendment 693 #

Proposal for a regulation
Article 77 – paragraph 1 – point d

(d) number of professional operators using the derogations for marketing to final users in accordance with Article 28~~, the species concerned and total quantities of PRM per species~~;

Amendment 694 #

Proposal for a regulation
Article 77 – paragraph 1 – point e

~~(e) number of gene banks, organisations and networks with a statutory or other declared objective to conserve plant genetic resources, in accordance with Article 29 and the species concerned;~~deleted

Amendment 695 #

Proposal for a regulation
Article 77 – paragraph 1 – point f

~~(f) the quantities as defined per species for the seeds exchanged in kind between farmers, in accordance with Article 30;~~deleted

Amendment 696 #

Proposal for a regulation
Article 77 – paragraph 1 – point g

~~(g) the quantities authorised per species for PRM intended for tests and trials for the breeding of new varieties, in accordance with Article 31;~~deleted

Amendment 697 #

Proposal for a regulation
Article 77 – paragraph 1 – point k a (new)

(ka) progress made in the conservation and sustainable use of PRGFA, i.e. through the number of entities having notified their use of Article 29 and other related data.

Amendment 698 #

Proposal for a regulation
Article 78 – paragraph 1

1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate, preventive and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and of any subsequent amendment affecting them.

Amendment 699 #

Proposal for a regulation
Article 80 – paragraph 1 – point 1

Regulation (EU) 2017/625
Article 1, paragraph 2

(ka) the cultivation of certain varieties that could have undesirable agronomic effects.

Amendment 700 #

Proposal for a regulation
Article 81

Regulation 2018/848
Article 3, Article 13, Annex II

Article 81 Amendment of Regulation (EU) 2018/848 Regulation (EU) 2018/848 is amended as follows: (1) Article 3 is amended as follows: (a) point (17) is replaced by the following: ‘(17) ‘plant reproductive material’ means plant reproductive material as defined in Article 3(1) of Regulation (EU) …/… of the European Parlament and Council(*)+;’; ____________ (*) Regulation (EU) …/… of the European Parliament and of the Council …. (OJ …, p…). [footnote that will be in that regulation goes here] [+ OJ: Please insert in the text the number of this Regulation and insert the number, date, title and OJ reference of this Regulation in the footnote.] ‘(18) ‘organic heterogeneous material’ means heterogeneous material as defined in Article 3(27) of Regulation (EU) …/…(*)++ , produced in accordance with this Regulation;’ ____________ (*) Regulation (EU) …/… of the European Parliament and of the Council …. (OJ …, p…). [footnote that will be in that regulation goes here] [++ OJ: Please insert in the text the number of this Regulation.] (3) The second paragaph of Point 1.8.4. of Part I of Annex II to Regulation (EU) 2018/848 is replaced by the following: “ All multiplication practices, except plant tissue cultures, cell cultures, germplasm, meristems, chimaeric clones, micro- propagated material, shall be carried out under certified organic management”.deleted

Amendment 701 #

Proposal for a regulation
Article 81

Regulation (EU) 2018/848
Article 3

Amendment 702 #

Proposal for a regulation
Article 81 – paragraph 1

Regulation (EU) 2018/848
Article 3

Regulation (EU) 2018/848 is amended as follows: (1) Article 3 is amended as follows: (a) point (17) is replaced by the following: ‘(17) ‘plant reproductive material’ means plant reproductive material as defined in Article 3(1) of Regulation (EU) …/… of the European Parlament and Council(*)+;’; ____________ (*) Regulation (EU) …/… of the European Parliament and of the Council …. (OJ …, p…). [footnote that will be in that regulation goes here] [+ OJ: Please insert in the text the number of this Regulation and insert the number, date, title and OJ reference of this Regulation in the footnote.]’ ‘(18) ‘organic heterogeneous material’ means heterogeneous material as defined in Article 3(27) of Regulation (EU) …/…(*)++ , produced in accordance with this Regulation;’ ____________ (*) Regulation (EU) …/… of the European Parliament and of the Council …. (OJ …, p…). [footnote that will be in that regulation goes here] [++ OJ: Please insert in the text the number of this Regulation.]’ (3) The second paragaph of Point 1.8.4. of Part I of Annex II to Regulation (EU) 2018/848 is replaced by the following: “ All multiplication practices, except plant tissue cultures, cell cultures, germplasm, meristems, chimaeric clones, micro- propagated material, shall be carried out under certified organic management”.deleted

Amendment 703 #

Proposal for a regulation
Article 81 – paragraph 1 – point 1 – point b

Article 3 b – point 18 Regulation (EU) 2018/848

(b) point (18) is replaced by the following: ‘(18) ‘organic heterogeneous material’ means heterogeneous material as defined in Article 3(27) of Regulation (EU) …/…(*)++ , produced in accordance with this Regulation;’ ____________ (*) Regulation (EU) …/… of the European Parliament and of the Council …. (OJ …, p…). [footnote that will be in that regulation goes here] [++ OJ: Please insert in the text the number of this Regulation.]’deleted

Amendment 704 #

Proposal for a regulation
Article 81 – paragraph 1 – point 2

~~(2) Article 13 is~~ deleted.

Amendment 705 #

Proposal for a regulation
Article 81 – paragraph 1 – point 3

(3) The second paragraph of Point 1.8.4. of Part I of Annex II to Regulation (EU) 2018/848 is replaced by the following: “ All multiplication practices, except plant tissue cultures, cell cultures, germplasm, meristems, chimaeric clones, micro-propagated material, shall be carried out under certified organic management”.deleted

Amendment 706 #

Proposal for a regulation
Article 81 – paragraph 1 – point 3

(3) The second paragraph of Point 1.8.4. of Part I of Annex II to Regulation (EU) 2018/848 is replaced by the following: “ All multiplication practices, except plant tissue cultures, cell cultures, germplasm, meristems, chimaeric clones, micro- propagated material, shall be carried out under certified organic management”.

Amendment 707 #

Proposal for a regulation
Article 83 – paragraph 3 – point b

(b) Article 52 shall apply from ... [60 months from the date of the entry into force of this Regulation] for the species listed in Parts B and C of Annex I. It shall be binding in its entirety and directly applicable in all Member States.deleted

Amendment 708 #

Proposal for a regulation
Annex I – Part A – paragraph 17

~~Brassica oleracea L. convar. acephala (DC.) Alef. var. medullosa Thell. + var. varidis L.~~deleted

Amendment 709 #

Proposal for a regulation
Annex I – Part A – paragraph 20 a (new)

Camelina sativa.

Amendment 710 #

Proposal for a regulation
Annex I – Part A – paragraph 23 a (new)

Cicer arietinum.

Amendment 711 #

Proposal for a regulation
Annex I – Part A – paragraph 25 a (new)

Fagopyrum fagopyrum (L.)

Amendment 712 #

Proposal for a regulation
Annex I – Part A – paragraph 38 a (new)

Lens culinaris.

Amendment 713 #

Proposal for a regulation
Annex I – Part A – paragraph 88 a (new)

Triticum monococcum.

Amendment 714 #

Proposal for a regulation
Annex I – Part A a (new)

Aa. Cicer arietinum Lens culinaris Medik., 1787 Fagopyrum esculentu Camelina sativa Triticum monococcum Chenopodium quinoa Vicia ervilia Vicia narbonensis Tritordeum Allium sativum Lathyrus sativus Eragrostis tef Ceratonia siliqua

Amendment 715 #

Proposal for a regulation
Annex I – Part B – paragraph 1

~~Allium cepa L.~~deleted

Amendment 716 #

Proposal for a regulation
Annex I – Part B – paragraph 2

~~Allium fistulosum L.~~deleted

Amendment 717 #

Proposal for a regulation
Annex I – Part B – paragraph 29 a (new)

Salvia hispanica.

Amendment 718 #

Proposal for a regulation
Annex I – Part C – paragraph 17

~~Prunus domestica L.~~deleted

Amendment 719 #

Proposal for a regulation
Annex II – Part B – subheading 1

REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF PRE-BASIC, BASIC AND CERTIFIED MATERIAL OF AGRICULTURAL AND VEGETABLE SPECIES AND FRUIT PLANTS

Amendment 720 #

Proposal for a regulation
Annex II – Part C – subheading 1

REQUIREMENTS FOR THE PRODUCTION~~, REGISTRATION~~ AND MARKETING OF SELECTED CLONES~~, MULTICLONAL MIXTURES AND POLYCLONAL PRM~~ OF PRE-BASIC, BASIC AND CERTIFIED MATERIAL AS REFERRED TO IN ARTICLE 9 (1)

Amendment 721 #

Proposal for a regulation
Annex II – Part C – point 1 – introductory part

1. Requirements for the production of pre-basic, basic and certified selected clones~~, multiclonal mixtures and polyclonal PRM~~

Amendment 722 #

Proposal for a regulation
Annex II – Part C – point 1 – Part A – point a

(a) The identity of the selected clone~~, multiclonal mixture or polyclonal PRM~~ shall be determined through an official label or a label issued by the professional operator and recorded by the professional operator to ensure its traceability. The label of the material or the records, on the respective mother plants for the production of each selected clone a~~nd the respective genotypes for the production of the polyclonal PRM~~, shall be kept by the professional operator after the marketing of that PRM.

Amendment 723 #

Proposal for a regulation
Annex II – Part C – point 1 – Part A – point b – point i

(i) there is sufficient distance from other plants of the same genera or species, determined on the basis of botanical characteristics for each species and as appropriate for the category of the material, to ensure protection from any undesirable foreign pollination and to avoid cross pollination with other crops;deleted

Amendment 724 #

Proposal for a regulation
Annex II – Part C – point 1 – Part B – point d

(d) The respective mother plants ~~and the respective genotypes~~ shall be excluded as a source of PRM in case of defects.

Amendment 725 #

Proposal for a regulation
Annex II – Part C – point 1 – Part B – point e

(e) The respective mother plants ~~and the respective genotypes~~ shall be maintained in all phases of cultivation, under conditions to enable the production of PRM, and to permit their identification and verification of compliance with the official description or the officially recognised description of their variety. In the case of mother plants not belonging to a variety, that verification of compliance with the official description or the officially recognised description shall concern the species to which those mother plants belong.

Amendment 726 #

Proposal for a regulation
Annex II – Part C – point 1 – Part B – point i

(i) In the case of multiclonal mixtures, the mixture of selected clones constituting the multiclonal mixture shall be made before the final packaging of that PRM and shall include identical proportions of all selected clones that constitute the multiclonal mixture.deleted

Amendment 727 #

Proposal for a regulation
Annex II – Part C – point 1 – Part B – point j

(j) In the case of polyclonal PRM, the mixture of genotypes constituting the polyclonal PRM shall be made before the final packaging of that PRM and shall include identical proportions of all genotypes that constitute the polyclonal PRM.deleted

Amendment 728 #

Proposal for a regulation
Annex II – Part C – point 2

2. Requirements for the registration of a selected clone, multiclonal mixture and polyclonal PRM (a) The applicant shall submit an application to the competent authority indicating: (i) species and, as applicable, variety to which the selected clone, multiclonal mixture or polyclonal PRM belongs, whereby the variety shall be registered in a national variety register referred to in Article 44; (ii) proposed denomination and synonyms; (iii) where applicable, description of the composition of the multiclonal mixture or polyclonal PRM; (iv) the maintainer of the selected clone, multiclonal mixture or polyclonal PRM; (v) reference to the description of the main characteristics of the variety to which the selected clone, multiclonal mixture or polyclonal PRM belongs; (vi) description of the main VSCU characteristics of the selected clone, multiclonal mixture or polyclonal PRM; (vii) the estimated genetic gain of the selected clone, multiclonal mixture or polyclonal PRM in relation to the overall performance of the relevant variety; (viii) information on whether the selected clone, multiclonal mixture or polyclonal PRM is already registered in a register of another Member State. (b) The selected clone, multiclonal mixture or polyclonal PRM shall fulfil the following requirements as appropriate for the type of material concerned in order to be registered: (i) the polyclonal PRM shall be selected in a single field trial containing a representative sample of the overall genetic diversity of the variety according to an experimental design based on internationally accepted methods. In the case of polyclonal PRM of vine that design shall be based on methods prescribed by the International organisation of vine and wine; (ii) in the case of vine propagating material, the polyclonal PRM shall be composed of 7 to 20 distinct genotypes; (iii) the trueness of the selected clone, each selected clone of the multiclonal mixture, each genotype of the polyclonal PRM to the identity of the variety shall be ensured through the observation of the phenotypic characteristics and, where appropriate, through molecular analysis pursuant to internationally accepted standards. The competent authority shall decide on the registration only after it concludes that the points (i) - (iii) as applicable for the type of material are fulfilled. (c) The requirements for the marketing of pre-basic, basic and certified material as set out in Part B point 2 shall apply accordingly.deleted

Amendment 729 #

Proposal for a regulation
Annex II – Part D – subheading 1

REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF PRE-BASIC, BASIC AND CERTIFIED SEED OF FRUIT PLANTS, VINE AND ~~SEED~~ POTATOES

Amendment 730 #

Proposal for a regulation
Annex II – Part D – point 1 – introductory part

1. Requirements for the production of pre-basic, basic and certified seed of fruit plants, vine and ~~seed~~ potatoes

Amendment 731 #

Proposal for a regulation
Annex II – Part D – point 2 – introductory part

2. Requirements for the marketing of pre-basic, basic and certified seed of fruit plants, vine and ~~seed~~ potatoes

Amendment 732 #

Proposal for a regulation
Annex III – Part A – point 1 – Part A – point d

(d) The quality of soil, substrates, mother plants and the immediate environment shall be inspected by the professional operator to avoid presence of pests or their vectors, in accordance with Regulation (EU) 2016/2031.

Amendment 733 #

Proposal for a regulation
Annex III – Part A – point 1 – Part A – point d

Amendment 734 #

Proposal for a regulation
Annex III – Part A – point 1 – Part A – point f

(f) Where appropriate, ~~the production of seeds shall take place separately from~~particular attention should be put on the production of seeds in parallel with the cultivation of seeds belonging to the same genera or species intended for the production of food or feed, to ensure health of the material concerned, separating the plots when it is necessary to do so to maintain the health of the material.

Amendment 735 #

Proposal for a regulation
Annex III – Part A – point 1 – Part A – point f

(f) Where appropriate, ~~the production of seeds shall take place separately from~~particular attention should be put on the production of seeds in parallel with the cultivation of seeds belonging to the same genera or species intended for the production of food or feed, ~~to ensur~~separating the plots when it is necessary to do so to maintain the health of the material ~~concerned~~.

Amendment 736 #

Proposal for a regulation
Annex III – Part A – point 1 – Part B – point a – paragraph 1

It shall be ensured that off-types, in the field, are absent, except for PRM belonging to conservation varieties. Where this is not possible due to the characteristics of the species concerned, they shall be present up to the lowest possible level.

Amendment 737 #

Proposal for a regulation
Annex III – Part A – point 1 – Part B – point a – paragraph 1

Amendment 738 #

Proposal for a regulation
Annex III – Part A – point 1 – Part B – point d

(d) The mother plants shall, where applicable, be maintained in all phases of production, under conditions to enable the production of seeds, and permitting their identification and verification of compliance with the official description of their variety.

Amendment 739 #

Proposal for a regulation
Annex III – Part A – point 1 – Part B – point d

(d) The mother plants, where applicable, shall be maintained in all phases of production, under conditions to enable the production of seeds, and permitting their identification and verification of compliance with the official description of their variety.

Amendment 740 #

Proposal for a regulation
Annex III – Part A – point 1 – Part B – point e

(e) All crops in the field shall be inspected at their relevant growth stage(s), at the relevant frequency and with the relevant methods, as appropriate, for the species concerned to verify the respective requirements without necessarily documenting such inspection process . The methods for inspections shall be such to ensure the reliability of the observations. If it is not possible to remove or separate non-compliant plants during the growing phase, the entire field shall be discarded for seed production, unless the undesirable seeds can be mechanically separated at a later stage.

Amendment 741 #

Proposal for a regulation
Annex III – Part A – point 1 – Part C – point a

~~(a) The seed shall be harvested in bulk or as individual plants, as appropriate, to ensure its identity, purity and traceability.~~deleted

Amendment 742 #

Proposal for a regulation
Annex III – Part A – point 1 – Part C – point b

(b) A sample of seed shall be taken from each lot and tested in a laboratory to ensure the fulfilment of the quality requirements for the respective species, including germination. Testing shall include, where appropriate, retesting of germination rate after a certain period appropriate to the species concerned.deleted

Amendment 743 #

Proposal for a regulation
Annex III – Part A – point 1 – Part C – point b

(b) A sample of seed ~~shall~~may be taken from each lot and tested in a laboratory or by the professional operator to ensure the fulfilment of the quality requirements for the respective species, including germination. ~~Testing shall include, where appropriate, retesting of germination rate after a certain period appropriate to the species concerned.~~

Amendment 744 #

Proposal for a regulation
Annex III – Part A – point 2 – paragraph 1 – point c

Amendment 745 #

Proposal for a regulation
Annex III – Part A – point 2 – paragraph 1 – point c

Amendment 746 #

Proposal for a regulation
Annex III – Part A – point 2 – paragraph 1 – point f

(f) have sufficient vigour, ~~defined dimension and specific grading,~~ to ensure appropriateness of the material and sufficient homogeneity of the lot for sowing or planting;

Amendment 747 #

Proposal for a regulation
Annex III – Part B – subheading 1

REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF STANDARD MATERIAL OF AGRICULTURAL AND VEGETABLE SPECIES, FRUIT PLANTS AND VINE

Amendment 748 #

Proposal for a regulation
Annex III – Part B – subheading 1

REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF STANDARD MATERIAL ~~OF AGRICULTURAL AND VEGETABLE SPECIES~~

Amendment 749 #

Proposal for a regulation
Annex III – Part B – paragraph 1

~~With the exception of point (b)(i) thereof,~~ Part BA of Annex III shall apply accordingly for the production and marketing of standard material with the necessary adaptations regarding the type of PRM.

Amendment 750 #

Proposal for a regulation
Annex III – Part B – paragraph 1 – subparagraph 1 (new)

Vine rootstocks may not be marketed as standard material.

Amendment 751 #

Proposal for a regulation
Annex III – Part B – paragraph 1 a (new)

Part A (thereof) of Annex III shall apply for standard material of conservation varieties of agricultural and vegetable species put on the market according to Article 26.

Amendment 752 #

Proposal for a regulation
Annex III – Part B – paragraph 1 b (new)

Standard material of conservation varieties of fruit species may only be marketed if it fulfils the following requirements: (a) it is propagated from an identified source of material recorded by the supplier; (b) it is true to the description of the variety, established by the observation of the expression of the characteristics of the variety, based on the officially recognised description of the variety; (c) it is found to be practically free from quality pests upon visual inspection carried out by the professional operator in the facilities, fields and lots where standard material is produced; (d) it is found to be practically free from defects, upon visual inspection. Injuries, discoloration, scar tissues or desiccation shall be considered as defects, if they affect the quality and usefulness as propagating material.

Amendment 753 #

Proposal for a regulation
Annex III – Part B – paragraph 1 c (new)

If the standard material no longer complies with these requirements, the supplier shall carry out one of the following actions: (a) remove that material, from the vicinity of other standard material; or (b) take appropriate measures to ensure that that material complies with those requirements again.

Amendment 754 #

Proposal for a regulation
Annex III – Part C – subheading 1

REQUIREMENTS FOR THE ~~REGISTRATION,~~ PRODUCTION AND MARKETING OF ~~SELECTED CLONES, MULTICLONAL MIXTURES AND POLYCLONAL PRM OF STANDARD MATERIAL~~POLYCLONAL PRM AS REFERRED TO IN ARTICLE 9 (1)

Amendment 755 #

Proposal for a regulation
Annex III – Part C – paragraph 1

~~Vine rootstocks may not be marketed as standard material.~~deleted

Amendment 756 #

Proposal for a regulation
Annex III – Part C – paragraph 1

Vine rootstocks may not be marketed as standard material, except for PRM belonging to conservation varieties, which shall be produced and marketed according to Part B of Annex III.

Amendment 757 #

Proposal for a regulation
Annex III – Part C – paragraph 2

1. The requirements set out in Part C (1) A of Annex II shall apply accordingly for the ~~registration, production and marketing of selected clones, multiclonal mixtures and polyclonal PRM of standard material~~planting of polyclonal PRM .

Amendment 758 #

Proposal for a regulation
Annex III – Part C – paragraph 2 a (new)

2. Field cultivation: (a) During all stages of cultivation, propagating and planting material shall be kept separate from each other. (b) Off-types and deformed or damaged plants shall be disposed of at all stages of cultivation in order to ensure varietal identity and purity, or, in the case of rootstocks not belonging to a variety, trueness to the identity of the species, as well as deformed or damaged plants and for efficient production. (c) The respective mother plants shall be excluded as a source of PRM in case of defects. (d) The respective mother plants shall be maintained in all phases of cultivation, under conditions to enable the production of PRM, and to permit their identification and verification of compliance with the official description or the officially recognised description of their variety. (e) Mother plants shall be inspected visually at their relevant growth stage(s), at the relevant frequency and with the relevant methods as appropriate for the genera or species concerned.

Amendment 759 #

Proposal for a regulation
Annex III – Part C – paragraph 2 b (new)

2. Requirements for the marketing of polyclonal PRM The material shall fulfil all of the following requirements, depending on the characteristics of each genus or species concerned: (a) have minimum vigour, defined dimension, and, where applicable, specific grading, to ensure the appropriateness of the material and sufficient homogeneity of the lot for planting; (b) be practically free from specific defects. (iii) the mixture of genotypes constituting the polyclonal PRM shall be made before the final packaging of that PRM and shall include identical proportions of all genotypes that constitute the polyclonal PRM. However, a tolerance is admissible, the frequency of any single genotype must never exceed twice that of the least frequent genotype.

Amendment 760 #

Proposal for a regulation
Annex III – Part D – subheading 1

REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF STANDARD SEED OF FRUIT PLANTS, VINE AND ~~SEED~~ POTATOES

Amendment 761 #

Proposal for a regulation
Annex III – Part D – paragraph 1

Part D of Annex II shall apply accordingly for the production and marketing of standard seed of ~~fruit plants,~~ vine and seed potatoes.

Amendment 762 #

Proposal for a regulation
Annex III – Part D – paragraph 1 a (new)

Part B of Annex III shall apply to the marketing of standard seed of fruit plants.

Amendment 763 #

Proposal for a regulation
Annex V

~~[...]~~deleted

Amendment 764 #

Proposal for a regulation
Annex V – subheading 1

~~Source area~~Region of origin

Amendment 765 #

Proposal for a regulation
Annex V – paragraph 1

Competent authorities may designate specific ~~source areas~~regions of origin for the preservation mixtures, with which such mixtures are naturally associated. For that purpose, they shall take into account information from plant genetic resource authorities or organisations recognised for this purpose by the Member States.

Amendment 766 #

Proposal for a regulation
Annex V – paragraph 2

Where the ~~source area~~region of origin is located in more than one Member State, it shall be identified by a common agreement of all Member States concerned.

Amendment 767 #

Proposal for a regulation
Annex V – paragraph 3 – point a

~~(a) typical for the habitat type of the source area;~~deleted

Amendment 768 #

Proposal for a regulation
Annex V – paragraph 3 – point a

(a) typical for the habitat type of the ~~source area~~region of origin;

Amendment 769 #

Proposal for a regulation
Annex V – paragraph 3 – point c

Amendment 770 #

Proposal for a regulation
Annex V – paragraph 5

The maximum content of Rumex spp., other than Rumex acetosella ~~and~~, Rumex maritimus, Rumex acetosa, R. thyrsiflorus and R. sanguineus, shall not exceed 0,05 % by weight.

Amendment 771 #

Proposal for a regulation
Annex V – paragraph 5

The maximum content of Rumex spp., other than Rumex acetosella and Rumex maritimus, shall not exceed 0,051 % by weight.

Amendment 772 #

Proposal for a regulation
Annex V – subheading 3

~~Authorisation of professional operators~~deleted

Amendment 773 #

Proposal for a regulation
Annex V – paragraph 7 – point c

(c) components as species and, where relevant, subspecies ~~and varieties~~ of the preservation mixture; which are typical for the habitat type of the source area site and which are, as components of the mixture, of importance for the preservation of the natural environment in the context of the conservation of genetic resources;

Amendment 774 #

Proposal for a regulation
Annex V – paragraph 7 – point d

~~(d) quantity of the mixture to which the authorisation is to apply;~~deleted

Amendment 775 #

Proposal for a regulation
Annex V – paragraph 7 – point e

(e) ~~source area~~region of origin of the mixture;

Amendment 776 #

Proposal for a regulation
Annex V – paragraph 10

Professional operators ~~before the beginning of each production season~~at the end of each calendar or fiscal year shall notify the quantity of seed of authorised preservation mixtures~~, for which the authorisation is intended, together with size and location of the intended collection site or sites and the date or dates of collection~~ to the competent authority.

Amendment 777 #

Proposal for a regulation
Annex V – paragraph 12 – point b

~~(b) the seed referred to in point (a) is multiplied outside the source area as single species. Multiplication may take place for five generations;~~deleted

Amendment 778 #

Proposal for a regulation
Annex V – paragraph 12 – point d

~~(d) this mixture may also include seed from species listed in Part A of Annex I that has been produced conventionally, if it complies with point (c);~~deleted

Amendment 779 #

Proposal for a regulation
Annex V – paragraph 12 – point h

(h) the maximum content of species and, where relevant, subspecies which do not comply with point (gf) shall not exceed 1 % by weight;

Amendment 780 #

Proposal for a regulation
Annex V – paragraph 12 – point i

(i) components of a multiplied preservation mixture which are ~~seed~~wild forms of species listed in Part A of Annex I shall, before mixing, comply ~~at least with the requirements for standard seed~~with the specific quality requirements for wild indigenous forms for the concerned species;

Amendment 781 #

Proposal for a regulation
Annex VI – Part A – paragraph 2

The notification shall be sent by registered letter or by any other means of communication accepted by the competent authorities with confirmation of receipt requested. Three months after the date shown on the return receipt provided that no additional information was requested or that non formal refusal for reasons of incompleteness of the notification was communicated to the supplier, the competent authority shall be deemed to have acknowledged the notification and its content, and the heterogeneous material shall be included in the heterogeneous material register. That register shall remain free of charge to the supplier.

Amendment 782 #

Proposal for a regulation
Annex VI – Part B – point 2 – introductory part

2. The heterogeneous material may ~~be generated by~~originate from one of the following techniques:

Amendment 783 #

Proposal for a regulation
Annex VII – paragraph 1 – point g

(g) in the case of varieties with officially recognised description and, if appropriate, an indication of the region(s), where the variety has ~~historic~~traditionally been grown and ~~to which it is naturally adapted (‘region(s) of origin’)~~, in case of newly bred conservation varieties, to which local growing conditions it is adapted;

Amendment 784 #

Proposal for a regulation
Annex VII – paragraph 1 – point j a (new)

(ja) where applicable the respective intellectual property rights covering the variety, its components, characteristics and development process, including where applicable the number of any relevant patent(s);

Amendment 785 #

Proposal for a regulation
Annex VII – paragraph 1 – point j b (new)

(jb) a description of the breeding methods used to develop the variety,

Amendment 786 #

Proposal for a regulation
Annex VII – paragraph 1 – point p a (new)

(pa) where applicable, the indication that the variety is a “conservation variety”.

Amendment 787 #

Proposal for a regulation
Annex VII – paragraph 1 – point t a (new)

(ta) whether there are any intellectual property rights covering the variety as a whole or its genetic components, including, where applicable, the number of any relevant patent(s);

Amendment 788 #

Proposal for a regulation
Annex VII – paragraph 1 – point t a (new)

(ta) whether the variety is covered by any granted or pending plant breeder’s right or patent, with the corresponding information thereof.

Amendment 789 #

Proposal for a regulation
Annex VII – paragraph 1 – point t a (new)

(ta) whether there are any intellectual property rights applying to the variety, including, where applicable, the code of each patent.

Amendment 790 #

Proposal for a regulation
Annex VII – paragraph 1 – point t b (new)

(tb) a description of the breeding methods used to develop the variety;

source: 757.146

2024/02/02 ENVI 180 amendments...

Amendment 100 #

Proposal for a regulation
Article 2 – paragraph 2 – point d

(d) to contribute to conservation and sustainable use of plant genetic resources and agro-biodiversity;, in particular by prohibiting the use of new GMOs (NGTs) whose studies highlight the dangers to bio-diversity, including cultivated bio- diversity.

Amendment 101 #

Proposal for a regulation
Article 2 – paragraph 2 – point e

(e) to contribute to sustainable agricultural production, adapted to a diversity of climatic and soil conditions, currently and in the perspective of future projected climatic conditions;

Amendment 102 #

Proposal for a regulation
Article 2 – paragraph 2 – point e

(e) to contribute to sustainable agricultural production, adapted to current and future projected climatic conditions;, in particular by promoting the self- generation of farmer‑saved seeds.

Amendment 103 #

Proposal for a regulation
Article 2 – paragraph 2 – point e

(e) to contribute to sustainable agricultural production and food systems, adapted to current and future projected climatic conditions;

Amendment 104 #

Proposal for a regulation
Article 2 – paragraph 2 – point e

(e) to contribute to sustainable and productive agricultural production, adapted to current and future projected climatic conditions;

Amendment 105 #

Proposal for a regulation
Article 2 – paragraph 2 – point f

(f) to contribute to food security, building in particular on Article 9 of the International Treaty on Plant Genetic Resources for Food and Agriculture, which recognises, on the one hand, ‘the enormous contribution that the local and indigenous communities and farmers of all regions of the world have made and will continue to make for the conservation and development of plant genetic resources’ and, on the other hand, the right of farmers ‘to save, use, exchange and sell farm-saved seed/propagating material, subject to national law and as appropriate’.

Amendment 106 #

Proposal for a regulation
Article 2 – paragraph 2 – point f

(f) to contribute to food security and food sovereignty

Amendment 107 #

Proposal for a regulation
Article 2 – paragraph 2 – point f

(~~f) to contribute to food security~~Does not affect the English version.)

Amendment 108 #

Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2 – introductory part

The delegated act referred to in the first subparagraph shall add genera or species to the list in Annex I if they fulfil at least ~~two~~one of the following elements:

Amendment 109 #

Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 3 a (new)

Before amending or replacing a delegated act, the Commission shall assess the implementation of the requirements, considering the outcome of their application by competent authorities and small-scale professional operators and their impact on seed production and availability.

Amendment 110 #

Proposal for a regulation
Article 2 – paragraph 4 – point c

~~(c) PRM produced for export to third countries;~~deleted

Amendment 111 #

Proposal for a regulation
Article 2 – paragraph 4 – point d

(d) PRM for which plant variety rights have not been granted sold or transferred in any way, whether free of charge or not, between final users for their own private use and outside their commercial activities; and outside the scope of ensuring their production activities

Amendment 112 #

Proposal for a regulation
Article 2 – paragraph 4 – point e a (new)

(ea) PRM transferred in any way, whether free of charge or not, for the purpose of the conservation and sustainable use of plant genetic resources and agro-biodiversity.

Amendment 113 #

Proposal for a regulation
Article 2 – paragraph 4 – point e a (new)

(ea) PRM used solely to conserve plants, species and genetic resources, i.e. by seed banks;

Amendment 114 #

Sirpa PIETIKÄINEN

Proposal for a regulation
Article 2 – paragraph 4 – point e a (new)

(ea) PRM used for providing access to plant genetic resources for food and agriculture.

Amendment 115 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point c

Amendment 116 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point c

Amendment 117 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point e a (new)

(ea) import

Amendment 118 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point e b (new)

(eb) breeding of varieties

Amendment 119 #

Proposal for a regulation
Article 3 – paragraph 1 – point 3

(3) ‘marketing’ means the following actions conducted by a professional operator for commercial purposes: sale, holding, transfer for free, or offering for sale or any other way of transferring or distribution within, or import into, the Union

Amendment 120 #

Proposal for a regulation
Article 3 – paragraph 1 – point 3

Amendment 121 #

Proposal for a regulation
Article 3 – paragraph 1 – point 3

(3) ‘marketing’ means the following actions conducted by a professional operator: sale, holding, ~~transfer for free,~~ or offering for sale o~~r any other way of transferring or distribution within, or import into, the Union~~f PRM within, or import into, the Union aimed at the commercial exploitation of the PRM;

Amendment 122 #

Proposal for a regulation
Article 3 – paragraph 1 – point 17

(17) ‘standard seed’ means seed, other than pre-basic, basic or certified seed, that ~~is not intended for further multiplication, and~~has been produced from pre-basic, basic, certified or standard seed, that satisfies the respective conditions laid down in Part A of Annex III;

Amendment 123 #

Proposal for a regulation
Article 3 – paragraph 1 – point 21

(21) ‘standard material’ means PRM other than seed, and other than pre-basic, basic or certified material, that ~~is not intended for further multiplication, and~~has been produced from pre-basic, basic, certified or standard material, that satisfies the respective conditions laid down in Part B of Annex III;

Amendment 124 #

Proposal for a regulation
Article 3 – paragraph 1 – point 27 – introductory part

Amendment 125 #

Proposal for a regulation
Article 3 – paragraph 1 – point 27 – point a

~~(a) presents common phenotypic characteristics;~~deleted

Amendment 126 #

Proposal for a regulation
Article 3 – paragraph 1 – point 27 – point b

(b) is characterised by a high level of genetic and phenotypic diversity between individual reproductive units, so that that plant grouping is represented by the material as a whole, and not by a small number of units;deleted

Amendment 127 #

Proposal for a regulation
Article 3 – paragraph 1 – point 27 – point c

~~(c) is not a variety; an~~deleted

Amendment 128 #

Proposal for a regulation
Article 3 – paragraph 1 – point 27 – point d

~~(d) is not a mixture of varieties;~~deleted

Amendment 129 #

Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point a

(a) traditionally grown or locally newly bred or developed under specific local conditions ~~in the Union~~, and adapted to those conditions or the utilisation in a marginal environment or production system; and

Amendment 130 #

Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point a a (new)

(aa) not an F1 hybrid; and

Amendment 131 #

Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point b

(b) in the case of seeds, can be characterised by a ~~high~~certain level of genetic and phenotypical diversity between individual reproductive units;

Amendment 132 #

Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point b a (new)

(ba) does not consist of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications to insert reference to NGT Reg.);

Amendment 133 #

Proposal for a regulation
Article 3 – paragraph 1 – point 31

Amendment 134 #

Proposal for a regulation
Article 3 – paragraph 1 – point 34

Amendment 135 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35

Amendment 136 #

Marlene MORTLER

Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)

(35a) Breeding means all activities, practices and transfers involved in developing new plant varieties and their selection prior to application for registration;

Amendment 137 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)

(35a) ‘conservation and sustainable use of plant genetic resources and agro- biodiversity’ means the preservation of the genetic diversity within and between cultivated plant species, and includes both the in situ dynamic conservation, whether on farm or in garden, the ex situ conservation outside of their natural habitat, and the sustainable use of plant genetic resources and agro-biodiversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations.

Amendment 138 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)

(35a) An ‘F1 hybrid variety’ means a hybrid variety that does not reproduce true to type in further generations, the maintenance and propagation of which relies on the maintenance of the homozygous parental lines that have been repeatedly and deliberately crossed to obtain the hybrid.

Amendment 139 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35 b (new)

(35b) 'One Health Approach’ means an integrated, unifying approach that aims to sustainably balance and optimise the health of people, animals, plants and ecosystems. It recognises that the health of humans, domestic and wild animals, plants, and the wider environment including ecosystems are closely interlinked and inter-dependent ;

Amendment 140 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35 – point b (new)

(b) ‘conservation and sustainable use of plant genetic resources and agro- biodiversity’ means the preservation of the genetic diversity within and between cultivated plant species, and includes both the in situ dynamic conservation, whether on farm or in garden, the ex situ conservation outside of their natural habitat, and the sustainable use of plant genetic resources and agro-biodiversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations.

Amendment 141 #

Proposal for a regulation
Article 3 – paragraph 1 – point 35 – point c (new)

(c) "organic variety" means a variety according to (EU) 2018/848 art. 3 (19), and that does not consist of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...”.

Amendment 142 #

Proposal for a regulation
Article 5 – paragraph 1 – point b

(b) as organic heterogeneous material in accordance with Article 27.

Amendment 143 #

Proposal for a regulation
Article 6 – paragraph 2 – point a

(a) marketing of PRM of organic heterogeneous material in accordance with Article 27;

Amendment 144 #

Proposal for a regulation
Article 7 – paragraph 3 – point a

(a) ~~sow~~previous cropping and pisolanti~~ng, and production in the field~~on distances, of pre-basic, basic and certified seed;

Amendment 145 #

Proposal for a regulation
Article 7 – paragraph 3 – point b

~~(b) harvesting and post-harvesting of pre-basic, basic and certified seed;~~deleted

Amendment 146 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part

Amendment 147 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point c

Amendment 148 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point d

~~(d) field cultivation;~~deleted

Amendment 149 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point e

~~(e) harvesting and post-harvesting;~~deleted

Amendment 150 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point g

(g) internationally recognised certification methods of PRM, including the application of bio-molecular or other technical methods, as well as their approval and use, and the listing of approved methods in the Union;

Amendment 151 #

Proposal for a regulation
Article 8 – paragraph 3

~~3. Once a year, professional operators shall submit to the competent authority a declaration concerning the quantities per species of standard seed and material they produced.~~deleted

Amendment 152 #

Proposal for a regulation
Article 8 – paragraph 4 – introductory part

4. The Commission is empowered to adopt delegated acts, in accordance with Article 75, in order to amend Annex III, to adapt the requirements referred to in paragraphs 1 and 2 to the scientific and technical developments and to the applicable international standards in line with the One Health approach. Those amendments shall concern the following:

Amendment 153 #

Proposal for a regulation
Article 8 – paragraph 4 – point a

(a) requirements for ~~sow~~previous cropping and pisolanti~~ng, and production in the field~~on distances, of standard seeds;

Amendment 154 #

Proposal for a regulation
Article 8 – paragraph 4 – point b

~~(b) requirements for harvesting and post-harvesting of standard seeds;~~deleted

Amendment 155 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1 – introductory part

Amendment 156 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1 – point c

Amendment 157 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1 – point d

~~(d) field cultivation;~~deleted

Amendment 158 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1 – point e

~~(e) harvesting and post-harvesting;~~deleted

Amendment 159 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1 – point g

(g) the application of internationally recognised bio-molecular or other technical methods, as well as their approval and use, and the listing of approved methods in the Union;

Amendment 160 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

A professional operator may, upon application, be authorised by the competent authority to perform all or certain activities required for certification of PRM under official supervision of the competent authority for ~~pre-basic,~~ basic and certified material or seeds, and to ~~issue~~print an official label for them.

Amendment 161 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point c

(c) employ qualified personnel for carrying out the sampling referred to in Annex II, or conclude contracts ~~with companies~~other professional operators, involved in the production of PRM, employing qualified personnel for those activities;

Amendment 162 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point d

(d) employ specialised personnel and equipment to carry out the testing referred to in Annex II, or use seed testing laboratories employing qualified personnel for those activities;

Amendment 163 #

Proposal for a regulation
Article 11 – paragraph 2

The competent authority shall without delay withdraw, or modify ~~as appropriate,~~ the authorisation, insofar as the professional operator is no longer in compliance with the requirements laid down in Article 10(1), if the professional operator does not apply the corrective actions referred to in the first subparagraph within the specified period of time. In case it is concluded that the authorisation had been granted following fraud, the competent authority shall impose ~~the~~ appropriate and effective sanctions to the professional operator.

Amendment 164 #

Proposal for a regulation
Article 13 – paragraph 1

Amendment 165 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1

During processing, packaging, storage, or at delivery, lots of PRM may be merged into a new lot only if they belong to the same variety ~~and harvest year~~.

Amendment 166 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2

Amendment 167 #

Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1

By way of derogation from paragraph 1, seeds potatoes with completed certification procedure may be marketed from a professional operator directly to a farmer in bulk.

Amendment 168 #

Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 2

Amendment 169 #

Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 3

Amendment 170 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2 – point a

Amendment 171 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2 – point b

Amendment 172 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2 – point b a (new)

(ba) the third party acting under the responsibility of the professional operator according to (b).

Amendment 173 #

Proposal for a regulation
Article 16 – paragraph 2

The operator’s label shall be issued, printed and affixed by the professional operator, or by a person acting under the responsibility of the professional opearator, on the outside of a plant, bundle, package or container.

Amendment 174 #

Michal WIEZIK, Martin HOJSÍK, María Soraya RODRÍGUEZ RAMOS

Proposal for a regulation
Article 17 – paragraph 2

Amendment 175 #

Proposal for a regulation
Article 17 – paragraph 3

3. Any space of the official label or the operator’s label apart from the elements mentioned in paragraph 4, may be used for additional information by the competent authority. Such information shall be presented in letters not larger than those used for the content of the official label or the operator’s label as referred to in paragraph 4. That additional information shall be strictly factual, it shall not represent advertising material, and shall be related only to the production and marketing requirements or to labelling requirements for genetically modified organisms ~~or category 1 NGT plants as defined in Article 3(7) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...).~~ .

Amendment 176 #

Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1 – point n a (new)

(na) the label for PRM of organic heterogeneous material referred to in Article 27.

Amendment 177 #

Proposal for a regulation
Article 18 – paragraph 1

ThAt least one official label ~~and th~~or one operator’s label shall be issued for each lot.

Amendment 178 #

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1

Mixtures of certified seed or mixtures of standard seed of various genera or species listed in Part A of Annex I and complying with the requirements of Articles 5 to 8, ~~as well as of different varieties of those genera or species,~~together with seed of genera or species not listed in that Annex, as well as of different varieties of those genera or species, and mixtures of different varieties of standard seed of vegetables listed in Part B of Annex I may be produced and marketed in the Union, if they fullfill the requirements of this Article.

Amendment 179 #

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 2 – point b

(b) an operator’s label, in ~~the case where the mixture consists only of standard seed, or of certified and standard seed~~all other cases.

Amendment 180 #

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point b

(b) it is naturally associated with a particular area (‘source area’) ~~contributing to the conservation of genetic resources or the restoration of the natural environment~~;

Amendment 181 #

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point c a (new)

(ca) it is not covered by an intellectual property right limiting its use for conservation purposes

Amendment 182 #

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point c b (new)

(cb) it does not consist of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 1 or 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...).

Amendment 183 #

Proposal for a regulation
Article 26 – paragraph 1

1. By way of derogation from Article 20, PRM of all genera or species listed in Annex I belonging to a conservation variety registered in a national variety register referred to in Article 44(1), point (b), may be produced and marketed in the Union as standard seed or material, if it complies with all the requirements concerning standard seed and material for the respective species, as referred to in Article 8.

Amendment 184 #

Proposal for a regulation
Article 26 – paragraph 2 a (new)

2a. A variety of conservation, its parts and/or its genetic components may not be covered by an intellectual property right limiting its use for conservation, research, breeding and/or training, including on- farm participatory research and breeding.

Amendment 185 #

Proposal for a regulation
Article 26 – paragraph 2 b (new)

2b. A variety of conservation does not consist of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 1 or 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… .

Amendment 186 #

Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 2

Those amendments shall be ~~adopted~~developed in consultation with respective multi actor stakeholders involved in heterogeneous material in order to adapt to the development of the respective technical and scientific evidence, and the international standards, and to follow up on the experience gained by the application of this Article concerning all ~~or certain genera or~~ species ~~only.~~

Amendment 187 #

Proposal for a regulation
Article 27 – paragraph 4

4. Any professional operator producing and/or intending to market PRM of heterogeneous material shall submit a notification to the competent authority prior to marketing. If no further information is requested by the national competent authority within ~~a time determined by the competent authority~~3 months, the PRM of heterogeneous material may be marketed.

Amendment 188 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1

By way of derogation from Articles 5 to 25, PRM may be marketed to, or between, ~~gene~~community seed banks, organisations and networks with a statutory objective, or an objective official notified to the competent authority, to conserve plant genetic resources, whereby any of the activities are carried out for non-profit purposes.

Amendment 189 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2

It can be marketed as well from those ~~gene~~community seed banks, organisations and networks to persons who carry out conservation of that PRM as final consumers, for non-profit purposes.

Amendment 190 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – point a

(a) be listed in a register kept by those ~~gene~~community seed banks, organisations and networks with an appropriate description of that PRM;

Amendment 191 #

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – point b

(b) be conserved by those ~~gene~~community seed banks, organisations and networks, and samples of that PRM be made available by them to the competent authorities upon request; and

Amendment 192 #

Proposal for a regulation
Article 29 – paragraph 2

2. The ~~gene~~community seed banks, organisations and networks shall notify the competent authority of the use of the derogation referred to in paragraph 1 and the species concerned.

Amendment 193 #

Proposal for a regulation
Article 30 – title

~~Seed~~PRM exchanged ~~in kind~~ between farmers

Amendment 194 #

Proposal for a regulation
Article 30 – paragraph 1 – introductory part

1. By way of derogation from Articles 5 - 25, farmers may exchange ~~seeds~~PRM in kind or for monetary compensation, if such ~~seeds~~PRM fulfil all of the following conditions:

Amendment 195 #

Proposal for a regulation
Article 30 – paragraph 1 – point 2

(2) in the case of seeds, are derived from the respective farmer’s own harvest;

Amendment 196 #

Proposal for a regulation
Article 30 – paragraph 1 – point 3

(3) in the case of seeds, are not subject to a service contract conducted by the respective farmer with a professional operator performing seed production; and

Amendment 197 #

Proposal for a regulation
Article 30 – paragraph 1 – point 4

(4) in the case of seeds, the seed is used for dynamic management of farmer’s own seed for the purpose of contributing to agro-diversity.

Amendment 198 #

Proposal for a regulation
Article 30 – paragraph 2 – introductory part

2. Such ~~seeds~~PRM shall fulfil all of the following requirements:

Amendment 199 #

Proposal for a regulation
Article 30 – paragraph 2 – point a

(a) not to belong to a to variety for which plant variety rights have been granted in accordance with Regulation (EU) 2100/94 and where the title is still in force;

Amendment 200 #

Proposal for a regulation
Article 30 – paragraph 2 – point b

Amendment 201 #

Proposal for a regulation
Article 30 – paragraph 2 – point c

(c) to be practically free from quality pests and any defects likely to impact their quality as ~~seeds, and shall have satisfactory germination capacity.~~PRM

Amendment 202 #

Proposal for a regulation
Article 30 – paragraph 3

~~3. Member States shall annually notify to the Commission and the other Member States the amounts per species defined in accordance with paragraph 2, point (b).~~deleted

Amendment 203 #

Michal WIEZIK, Martin HOJSÍK, María Soraya RODRÍGUEZ RAMOS

Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1

Where there are reasonable grounds to suspect that the production or marketing of PRM ~~is likely to~~could constitute a serious risk to human, animal or plant health, environment or cultivation of other species, and such risk cannot be contained satisfactorily by means of measures taken by the Member State concerned, the Commission shall take, without delay, by means of implementing acts, any appropriate interim emergency measures. Such measures shall be limited in time. They may include provisions restricting or prohibiting the marketing of the PRM concerned or laying down appropriate conditions for its production or marketing, depending on the gravity of the situation.

Amendment 204 #

Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1 a (new)

By means of derogation from the first subparagraph, in case of lack of compliance with refuge requirements or with other requirements imposed on cultivation of varieties containing or consisting of genetically modified organisms , the measures restricting or prohibiting the marketing of the PRM concerned shall be put in place until full compliance is restored.

Amendment 205 #

Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 1

~~By way of derogation from Articles 2, 5, 6, 7, 8 and 20, the Commission may, by means of implementing acts, decide on~~The Commission may financially support the organisation of temporary experiments to seek improved alternatives to provisions of this Regulation concerning the genera and species it applies to, the requirements for belonging to a registered variety, the production and marketing requirements for pre-basic, basic, certified and standard material or seed, and the obligation to belong to pre-basic, basic and certified material or seed.

Amendment 206 #

Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2

Those experiments may take the form of technical or scientific trials examining the feasibility and appropriateness of new requirements compared to the ones set out in Articles 2, 5, 6, 7, 8 and 20 of this Regulation. Multi actor stakeholders shall be involved in the framing of these temporary experiments financed by the Commission.

Amendment 207 #

Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1 – introductory part

The ~~implementing ac~~experiments referred to in paragraph 1 shall ~~be adopted in accordance with the examination procedure referred to in Article 76(2) and shall~~ specify one or more of the following elements:

Amendment 208 #

Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 2

Those acexperiments shall adapt to the evolution of techniques for production of the PRM concerned, as shall be based on any comparative trials carried out by the Member States.

Amendment 209 #

Proposal for a regulation
Article 41 – paragraph 1 – introductory part

Professional operators, which ~~produce PRM~~are not micro-enterprises, which produce PRM with the aim of commercial exploitation outside of the exceptions listed in Article 2(4), shall:

Amendment 210 #

Proposal for a regulation
Article 42 – paragraph 3 a (new)

3a. Micro-enterprises and operators using the exceptions listed in Article 2(4) are exempt from the obligations in paragraphs 1 – 3

Amendment 211 #

Proposal for a regulation
Article 44 – paragraph 1 – introductory part

1. Each Member State shall establish and publish, in electronic format, and shall ~~keep~~regularly updated a single national register of varieties (‘national variety register’) containing:

Amendment 212 #

Proposal for a regulation
Article 44 – paragraph 2

2. PRM belonging to a variety registered in at least one national variety register may be produced and marketed in the Union, in accordance with this Regulation unless it consists on a plant covered by an opt-out possibility given to Member States as defined in the GMO Directive 2001/18/EC of the European Parliament and of the Council and in the NGT plant Regulation (EU) .../... of the European Parliament and of the Council.

Amendment 213 #

Michal WIEZIK, Martin HOJSÍK, María Soraya RODRÍGUEZ RAMOS

Proposal for a regulation
Article 46 – paragraph 2

Amendment 214 #

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point c a (new)

(ca) where the varieties are tolerant to herbicides, they are subject to cultivation and monitoring conditions for the production of PRM and for any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities responsible for registration, to avoid the development of herbicide resistance in weeds due to their use;

Amendment 215 #

Michal WIEZIK, Martin HOJSÍK, María Soraya RODRÍGUEZ RAMOS

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point c b (new)

(cb) where the varieties have particular characteristics other than the ones referred to in point (ca) that may lead to undesirable agronomic effects, they are subject to cultivation and monitoring conditions for the production of PRM and any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities responsible for their registration, to avoid those particular undesirable agronomic effects, such as the development of resistance of pests to the respective varieties or undesirable effects on pollinators or on wild growing plants of the same genus as the respective variety.

Amendment 216 #

Michal WIEZIK, Martin HOJSÍK, María Soraya RODRÍGUEZ RAMOS

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point d

(d) where the varieties contain or consist of a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...), that plant has obtained a declaration of category 1 NGT plant status pursuant to Article 6 or 7 of that Regulation or is progeny of such plants;deleted

Amendment 217 #

Michal WIEZIK, Martin HOJSÍK, María Soraya RODRÍGUEZ RAMOS

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point e

(e) where the varieties contain or consist of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation), that plant has been authorised pursuant to Chapter III of that Regulation;deleted

Amendment 218 #

Marlene MORTLER

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point f

Amendment 219 #

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point f

(f) where the varieties are tolerant to herbicides, they are subject to cultivation conditions for the production of PRM and for any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities responsible for registration, to avoid the development of herbicide resistance in weeds due to their use. These conditions will be subject to a public consultation process by the competent authority before they are adopted;

Amendment 220 #

Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point g

(g) where the varieties have particular characteristics other than the ones referred to in point (f) that may lead to undesirable agronomic effects, they are subject to cultivation conditions for the production of PRM and any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities responsible for their registration, to avoid those particular undesirable agronomic effects, such as the development of resistance of pests to the respective varieties or undesirable effects on pollinators. These conditions will be subject to a public consultation process by the competent authority before they are adopted;

Amendment 221 #

Michal WIEZIK, Martin HOJSÍK, María Soraya RODRÍGUEZ RAMOS

Proposal for a regulation
Article 47 – paragraph 1 a (new)

1a. Any Member State may, upon an application which shall be dealt with under the procedure referred to in Article 76, be authorised to prohibit the use of the variety in all or in part of its territory or to lay down appropriate conditions for cultivating the variety consisting of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...), where it is established that the cultivation of the variety could be harmful from the point of view of plant health to the cultivation of other varieties or species; or where it has other valid reasons for considering that the cultivation of the variety in its territory presents a risk for human health or the environment.

Amendment 222 #

Proposal for a regulation
Article 47 – paragraph 3 – subparagraph 1 – point ii

(ii) monitoring ~~measure~~and surveillance measures, with adequate level of sensitivity to detect resistance allele frequency in case of varieties containing or consisting of genetically modified organisms;

Amendment 223 #

Proposal for a regulation
Article 52 – title

Value for sustainable and productive cultivation and use

Amendment 224 #

Proposal for a regulation
Article 52 – title

Value for ~~sustainable~~ cultivation and use

Amendment 225 #

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 1

Amendment 226 #

Michal WIEZIK, Martin HOJSÍK, María Soraya RODRÍGUEZ RAMOS

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 1

For the purposes of Article 47(1), point (c), the value of a variety for sustainable and productive cultivation and use of a variety shall be considered as satisfactory if, compared to other varieties of the same species registered in the national variety register of the respective Member State, its characteristics, taken as a whole, offer a clear improvement for the sustainable and productive cultivation and the uses which can be made of the crops, other plants or the products derived therefrom.

Amendment 227 #

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 1

For the purposes of Article 47(1), point (c), the value of a variety for sustainable cultivation and use of a variety shall be considered as satisfactory if, compared to other varieties of the same species registered in the national variety register of the respective Member State, its characteristics~~, taken as a whole, offer a clear improvement for the sustainable cultivation and~~ is superior, in at least two elements listed in the use~~s which can be made of the crops, other plants or the products derived therefrom~~cond subparagraph, in comparison to those varieties.

Amendment 228 #

Sirpa PIETIKÄINEN

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – introductory part

The characteristics referred to in the first subparagraph ~~are~~will be tested under sustainable farming systems (organic, agroecological, regenerative, conservation, integrated farming conditions with low fertilizer and irrigation, no pesticides and seed treatments). The characteristics may encompass the following, as appropriate for the species, regions, agro- ecological conditions and uses concerned:

Amendment 229 #

Michal WIEZIK, Martin HOJSÍK, María Soraya RODRÍGUEZ RAMOS

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point b

(b) tolerance/resistance to biotic stresses, including plant diseases caused by nematodes, fungi, bacteria, viruses, insects and other pests and zero cases of detected resistance alleles of the pest populations to a respective variety;

Amendment 230 #

Michal WIEZIK, Martin HOJSÍK, María Soraya RODRÍGUEZ RAMOS

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point e

(e) reduced ~~need for~~use of external inputs, such as plant protection products and fertilisers;

Amendment 231 #

Jessica POLFJÄRD

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point f

(f) characteristics that ~~enhance~~ strengthen sustainability ~~of storage, processing and distribu~~across the whole agrifood value chain, including cultivation, storage, harvesting, distribution and processing or other relevant characteristics in so far as they are scientifically sound and contribute to strengthened sustainability in line with the objectives of this Regulation;.

Amendment 232 #

Alexandr VONDRA, Veronika VRECIONOVÁ

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point f

(f) characteristics that enhance the sustainability ofacross the agrifood value chain or of cultivation, harvesting, storage, processing, and distribution;, and use or any other characteristic contributing to sustainability that is supported by scientific evidence.

Amendment 233 #

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point f

(f) characteristics that enhance the sustainability ~~of storage, processing and distributio~~and productivity across the agrifood value chain;

Amendment 234 #

Marlene MORTLER

Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point g a (new)

(ga) would strengthen the economic and social sustainability of a given terroir, impacting positively on the conservation and preservation of the traditional landscape;

Amendment 235 #

Proposal for a regulation
Article 52 – paragraph 2

Amendment 236 #

Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 4

The Commission may adopt, by means of implementing acts, a decision requesting a Member State to repeal or modify those rules, if they are deemed, on the basis of the available scientific and technical evidence, to be inappropriate for the examination of value for ~~sustainable~~ cultivation and use of a variety. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Amendment 237 #

Proposal for a regulation
Article 52 – paragraph 4 – subparagraph 1

Amendment 238 #

Proposal for a regulation
Article 52 – paragraph 4 – subparagraph 2

WFor the purposes of registration of organic varieties suitable for organic production as defined in Article 3(19) of Regulation (EU) 2018/848 there may be no exemptions from organic testing conditions. For all other varieties, where competent authorities are not able to carry out an examination under organic conditions, or the examination of certain characteristics, including disease susceptibility, testing may be carried out under organic conversion or low-input conditions and with only the absolutely necessary for the completion of the testing treatments with pesticides and other external inputs. Where applicable, the Member States must report yearly to the European Commission on the reasons behind and implementation of testing under non-organic conditions, and the measures foreseen to enable this transition in future. These reports should be published annually by the European Commission.

Amendment 239 #

Sirpa PIETIKÄINEN

Proposal for a regulation
Article 52 – paragraph 4 – subparagraph 2

Where competent authorities are not able to carry out an examination under organic conditions, or the examination of certain characteristics, including disease susceptibility, testing may be carried out ~~under low-input conditions and with only the absolutely necessary for the completion of the testing treatments with pesticides and other external input~~by organic professional operator(s) under official supervision of national authorities.

Amendment 240 #

Proposal for a regulation
Article 53 – paragraph 1 – point b

(b) it has an indication of its initial region of origin or the local conditions to which has been bred for ;

Amendment 241 #

Proposal for a regulation
Article 53 – paragraph 3 – point a a (new)

(aa) it or any information it contains or the process that is used to create it is covered by a patent;

Amendment 242 #

Proposal for a regulation
Article 53 – paragraph 3 – point a b (new)

(ab) it is a genetically modified organisms as defined in Directive 2001/18/EC art. 2 (2) and detailed in Annex 1A part I;

Amendment 243 #

Michal WIEZIK, Martin HOJSÍK, María Soraya RODRÍGUEZ RAMOS

Proposal for a regulation
Article 53 – paragraph 3 – point a c (new)

(ac) it is a NGT plant as defined in [OP please insert the reference to the New Genomic Techniques Regulation]

Amendment 244 #

Proposal for a regulation
Article 56 – paragraph 1 – point j

(j) where the variety contains or consists of a genetically modified organism, evidence that the genetically modified organism in question is authorised for cultivation in the Union, in accordance with Directive 2001/18/EC or Regulation (EC) No 1829/2003, or, where applicable, in the respective Member State in accordance with Article 26b of Directive 2001/18/EC;, and the evidence of compliance with the cultivation and monitoring requirements in the given growing season;

Amendment 245 #

Michal WIEZIK, Martin HOJSÍK, María Soraya RODRÍGUEZ RAMOS

Proposal for a regulation
Article 56 – paragraph 1 – point l a (new)

(la) the existence of intellectual property rights other than granted plant variety right on the variety as a whole or its components;

Amendment 246 #

Proposal for a regulation
Article 56 – paragraph 1 – point m

(m) in case the variety contains or consists of a category 1 NGT as defined in Article 3(7) of Regulation (EU) …/… of the European Parliament and of the Council50 (Office of Publications, please insert reference to NGT Regulation), evidence that the plant has obtained a declaration of category 1 NGT plant status pursuant to Article 6 or 7 of that Regulation or is progeny of such plant(s); _________________ 50 Regulation (EU) …./…. of the European Parliament and of the Council of … (….., p….).deleted

Amendment 247 #

Michal WIEZIK, Martin HOJSÍK, María Soraya RODRÍGUEZ RAMOS

Proposal for a regulation
Article 56 – paragraph 1 – point m

(m) in case the variety contains or consists of a category 1 NGT as defined in Article 3(7) of Regulation (EU) …/… of the European Parliament and of the Council50 (Office of Publications, please insert referrence to NGT Regulation), evidence that the plant has obtained a declaration of category 1 NGT plant status pursuant to Article 6 or 7 of that Regulation ~~or is progeny of such plant(s);~~ as well as information allowing their detection ; _________________ 50 Regulation (EU) …./…. of the European Parliament and of the Council of … (….., p….).

Amendment 248 #

Proposal for a regulation
Article 56 – paragraph 1 – point n

(n) in case the variety contains or consists of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation), indication of that fact;deleted

Amendment 249 #

Proposal for a regulation
Article 56 – paragraph 1 – point n

Amendment 250 #

Proposal for a regulation
Article 56 – paragraph 1 – point o a (new)

(oa) the breeding methods used for the development of the variety,

Amendment 251 #

Proposal for a regulation
Article 56 – paragraph 1 – point o b (new)

(ob) The existence of any intellectual property rights covering the variety as a whole or its genetic components, or the genetic information contained therein, including, where applicable, the number of any relevant patent(s);

Amendment 252 #

Proposal for a regulation
Article 61 – paragraph 1 a (new)

1a. Paragraph 1 does not apply in the cases where the variety: (a) contains or consists of a genetically modified organism, in accordance with Directive 2001/18/EC or Regulation (EC) No 1829/2003; (b) contains or consists of a category 1 NGT as defined in Article 3(7) of Regulation (EU) …/… of the European Parliament and of the Council ; (c) contains or consists of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… ; (d) is tolerant to herbicides pursuant to Article 47(1)(f) or has particular characteristics that may lead to undesirable agronomic effects pursuant to Article(1)(g).

Amendment 253 #

Proposal for a regulation
Article 66 – paragraph 1

Amendment 254 #

Michal WIEZIK, Martin HOJSÍK, María Soraya RODRÍGUEZ RAMOS

Proposal for a regulation
Article 66 – paragraph 2

Amendment 255 #

Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 3

In the case of varieties consisting of, or containing, a genetically modified organism, the period of registration shall be limited to the period for which that genetically modified organism is authorised for cultivation pursuant to Directive 2001/18/EC or Regulation (EC) No 1829/2003. By derogation from the first paragraph, the period of registration shall lapse on 31st December of a year in which a repeated lack of full compliance with cultivation and monitoring requirements is recorded.

Amendment 256 #

Michal WIEZIK, Martin HOJSÍK, María Soraya RODRÍGUEZ RAMOS

Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 4

In the case of varieties consisting of, or containing, a category 2 NGT plant as defined in Article 3(8), of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...), the period of registration shall be limited to the period for which that plant is authorised pursuant to that Regulation.deleted

Amendment 257 #

Proposal for a regulation
Article 78 – paragraph 2

2. Member States shall ensure that financial penalties for violations of this Regulation, perpetrated through fraud or misleading practices are equal, in accordance with national law, at least either to the ~~acquired~~ economic advantage acquired in this way for the professional operator or to a percentage of the professional operator’s turnover.

Amendment 258 #

Proposal for a regulation
Article 80 – paragraph 1 – point 1

Regulation (EU) 2017/625
Article 1 – paragraph 2 – points k a and k b (new)

(k) production and marketing of plant reproductive material.; ‘(ka) the cultivation of varieties tolerant to herbicides; (kb) cultivation of varieties with particular characteristics that may lead to undesirable agronomic effects’. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment 259 #

Proposal for a regulation
Article 81

Regulation (EU) 2018/848
Article 3, 13 and Annex II

Amendment 260 #

Proposal for a regulation
Article 81 a (new)

Article 81a Amendment of Directive 98/44/EC Directive 98/44/EC is modified as follows: (1) In Article 2, paragraph 2 is replaced by: "2. A process for breeding of plants or animals is essentially biological, if it is exclusively based on natural phenomena such as crossing, selection, non-targeted mutagenesis or naturally occurring, random genetic variations." (2) In Article 4, the following paragraphs 4 and 5 are inserted: “4. By derogation to paragraphs 1, 2 and 3, NGT plants, plant material and parts thereof, as well as genetic information contained therein, are not patentable. 5. By derogation to paragraphs 1,2 and 3, plants, plant material and parts thereof, as well as genetic information contained therein, which have been obtained by techniques that are not regulated as GMOs under Directive 2001/18/CE, are not patentable.” (3) In Article 8, the following paragraph 3 is inserted: “3. By derogation to paragraphs 1 and 2, the protection conferred by a patent on biological material possessing specific characteristics as a result of the invention shall not extend to biological material with these specific characteristics when they have been obtained independently from the patented material and through an essentially biological process, nor to the material derived from that independent biological material by means of reproduction or multiplication”. (4) In Article 12, paragraph 3 is replaced by: "3. Applicants for the licences referred to in paragraphs 1 and 2 must demonstrate that: (a) they have applied unsuccessfully to the holder of the patent or of the plant variety right to obtain a contractual licence under reasonable and appropriate terms; (b) The plant variety or the invention constitutes significant technical progress of considerable economic or environmental interest compared with the invention claimed in the patent or the protected plant variety."

Amendment 261 #

Proposal for a regulation
Annex VI – Part B – point 2 – point c a (new)

(ca) Heterogeneous material must not be derived from genetic engineering nor from parental material derived from genetic engineering. This excludes GMO as defined in Directive 2001/18/EC art. 2 (2) detailed in Annex 1A part I and NGT I and NGT II as defined in the regulation of the European Parliament and of the Council on plants obtained by certain new genomic techniques

Amendment 262 #

Michal WIEZIK, Martin HOJSÍK, María Soraya RODRÍGUEZ RAMOS

Proposal for a regulation
Annex VI – Part B – point 2 – point c b (new)

(cb) Heterogeneous material must not be derived from parental material covered by patents nor be protected by patents.

Amendment 263 #

Proposal for a regulation
Annex VII – paragraph 1 – point q

(q) where applicable, the indication that the variety contains, or consists of a category 1 NGT plant within the meaning of Article 3(7) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation) and the identification number(s) referred to in Article 9(1), point (e) of [NGT Proposal] assigned to the category 1 NGT plant(s) it has been derived from;deleted

Amendment 264 #

Michal WIEZIK, Martin HOJSÍK, María Soraya RODRÍGUEZ RAMOS

Proposal for a regulation
Annex VII – paragraph 1 – point r

(r) where applicable, the indication that the variety contains, or consists of a category 2 NGT plant within the meaning of Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation);deleted

Amendment 265 #

Proposal for a regulation
Annex VII – paragraph 1 – point t a (new)

(ta) whether there are any intellectual property rights covering the variety as a whole or its genetic components or the genetic information contained therein, including, where applicable, the number of any relevant patent(s);

Amendment 266 #

Proposal for a regulation
Annex VII – paragraph 1 – point t a (new)

(ta) disclose which breeding techniques have been applied for the development of the plant (e.g., cell fusion, genetic engineering, chemical or irradiation mutation breeding, microspore culture, etc.)

Amendment 267 #

Proposal for a regulation
Annex VII – paragraph 1 – point t b (new)

(tb) a description of the breeding methods used to develop the variety;

Amendment 268 #

Proposal for a regulation
Annex VII – paragraph 1 – point t b (new)

(tb) disclose if the respective variety is covered by existing patents

Amendment 89 #

Proposal for a regulation
Recital 1 a (new)

(1a) Article 9 of the International Treaty on Plant Genetic Resources for Food and Agriculture, signed by all Member States, stipulates, inter alia, that farmers have the right ‘to save, use, exchange and sell farm-saved seed/propagating material, subject to national law and as appropriate’.

Amendment 90 #

Proposal for a regulation
Recital 2

(2) The impact assessments carried out by the Commission in 2013 and 2023 confirmed that those Directives have had a significant positive impact on the free movement, availability and high quality of PRM on the Union market and have thus facilitated the trade of PRM within the Union.

Amendment 91 #

Proposal for a regulation
Recital 5

(5) In order to achieve this transition to sustainable food systems, the Union legislation should therefore take account of the need to ensure the adaptability ~~of the PRM production~~and diversity of PRM to the changing agricultural, horticultural and environmental conditions, to face the challenges of climate change, to protect and restore biodiversity and to meet increasing farmers’ and consumers’ expectations related to quality, resilience and sustainability of PRM.

Amendment 92 #

Proposal for a regulation
Recital 49

(49) In order to contribute to the sustainability of agricultural production and food systems while recognising that sustainability cannot be reduced to a single trait or variety but can only apply to a cultivated system as a whole, and in order to serve economic, environmental and broader societal needs, new varieties of all genera or species should show an improvement compared to the other varieties of the same genera or species registered in the same national variety register, concerning certain aspects. Among those aspects are their yield, including yield stability and yield under low input conditions; tolerance/resistance to biotic stresses, including plant diseases caused by nematodes, fungi, bacteria, viruses, insects and other pests; tolerance/resistance to abiotic stresses, including adaptation to climate change conditions; more efficient use of natural resources, such as water and nutrients; reduced need for external inputs, such as plant protection products and fertilisers; characteristics that enhance the sustainability of storage, processing and distribution; and quality or nutritional characteristics (‘value for sustainable cultivation and use’). For the purpose of deciding on the variety registration and in order to provide sufficient flexibility to register varieties with the most desirable characteristics, those aspects should be considered for a given variety as a whole.

Amendment 93 #

Proposal for a regulation
Recital 49

(49) In order to contribute to the sustainability of agricultural production and food systems while recognising that sustainability cannot be reduced to a single trait or variety but can only apply to a cultivated system as a whole, and serve economic, environmental and broader societal needs, new varieties of all genera or species should show an improvement compared to the other varieties of the same genera or species registered in the same national variety register, concerning certain aspects. Among those aspects are their yield, including yield stability and yield under low input conditions; tolerance/resistance to biotic stresses, including plant diseases caused by nematodes, fungi, bacteria, viruses, insects and other pests; tolerance/resistance to abiotic stresses, including adaptation to climate change conditions; more efficient use of natural resources, such as water and nutrients; reduced need for external inputs, such as plant protection products and fertilisers; characteristics that enhance the sustainability of storage, processing and distribution; and quality or nutritional characteristics (‘value for ~~sustainable~~ cultivation and use’). For the purpose of deciding on the variety registration and in order to provide sufficient flexibility to register varieties with the most desirable characteristics, those aspects should be considered for a given variety as a whole.

Amendment 94 #

Proposal for a regulation
Recital 57

(57) The period of the registration of a variety should be 10 years, so as to encourage innovation in the breeding sector, and the removal from the market of oldbsolete or otherwise unsuitable varieties and their replacement by new ones. However, that period should be 30 years for varieties of genera or species of fruit plants and vine, due to the longer time required for the completion of the productive cycle of those genera or species.

Amendment 95 #

Proposal for a regulation
Recital 64

Amendment 96 #

Proposal for a regulation
Recital 64

Amendment 97 #

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2

Its requirements concern, respectively, all types of PRM, whether only seeds, or only material other than seeds.

Amendment 98 #

Proposal for a regulation
Article 2 – paragraph 2 – introductory part

2. The objectives of this Regulation are ~~the following~~:

Amendment 99 #