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SHORT JUSTIFICATION
* Consultation procedure
The sustainability and resilience of agriculture and of the entire food chain are largely based on the diversity and quality of seeds and other plant reproductive material (PRM). The main aim of this legislative proposal is to draw up a single regulation with a coherent framework encompassing the provisions hitherto included in 10 separate Directives.
*** Consent procedure
In order to ensure the quality of PRM and consumer confidence, the rules on PRM production and marketing must be based on categorisation and protocols drawn up and monitored by the relevant authorities. Over and above those basic principles, a number of delegated and implementing acts will be drawn up to clarify and adapt the implementation arrangements to the broad diversity of PRM. In line with the principle of proportionality and farmers’ right to use their own seeds and other PRM, farmers must not be required to follow the principles set out in this proposal that apply solely to the production of PRM to be placed on the market as PRM rather than for other purposes, such as food. Your rapporteur also believes that farmers should have a derogation for seed and PRM exchanges, including when they receive payment for costs incurred.
***I Ordinary legislative procedure (first reading)
Derogations should also be included to facilitate the conservation of certain PRM, recognise the specific characteristics of heterogeneous PRM, adapt the restrictions for sales to non-professional buyers, and recognise the special nature of gene banks and other conservation organisations. Your rapporteur believes, in particular, that heterogeneous material provides crucial pools of genetic diversity for climate change mitigation and that this therefore justifies opening up this category to all species so that they might be included. However, it is necessary, more generally, to exclude from the various derogations PRM consisting of genetically modified organisms or NGT plants.
***II Ordinary legislative procedure (second reading)
In order to be registered as a variety, the distinctness, uniformity and stability of the PRM must be verified. In its proposal, the Commission proposes including a complementary technical test of the value for sustainable cultivation and use (VSCU), which should confirm that a variety offers a ‘clear improvement’ compared to other varieties that are already registered. Your rapporteur believes that the value of a variety depends, first and foremost, on the conditions in which it develops and has been bred: a variety cannot be considered to be sustainable in itself as everything depends on the agricultural production system using it. That is why VSCU should be tested in different production methods, notably where synthetic pesticides are not used, as in organic farming. Moreover, VSCU testing should not result in varieties being excluded if that reduces crop biodiversity. VSCU testing should also be optional for fruits and vegetables because of the costs involved for small and medium-sized seed producers.
***III Ordinary legislative procedure (third reading)
Finally, your rapporteur believes that the legislative proposal on PRM requires an amendment of Directive 98/44/EC on the legal protection of biotechnological inventions in order to maintain free access to genetic resources. To avoid destabilising the system of plant variety rights, which ensures fair remuneration for breeders without curbing access to innovation, PRM obtained from new genomic techniques (NGT) should not be patentable. Patents should only be extended to include the organic material derived therefrom. Finally, the scope of compulsory licensing should be widened in the case of a proven environmental or economic benefit.
(The type of procedure depends on the legal basis proposed by the draft act.)
AMENDMENTS
Amendments to a draft act
The Committee on the Environment, Public Health and Food Safety calls on the Committee on Agriculture and Rural Development, as the committee responsible, to take into account the following amendments:
Amendments by Parliament set out in two columns
Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.
The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.
Amendments by Parliament in the form of a consolidated text
New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.
By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the 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)
(COM(2023)0414 – C90236/2023 – 2023/0227(COD))
(Ordinary legislative procedure: first reading)
– having regard to the Commission proposal to Parliament and the Council (COM(2023)0414),
– having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90236/2023),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the opinion of the European Economic and Social Committee of [xxx],
– having regard to Rule 59 of its Rules of Procedure,
– having regard to the opinion of the Committee on the Environment, Public Health and Food Safety,
– having regard to the report of the Committee on Agriculture and Rural Development (A90000/2023),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a regulation
Article 1 – paragraph 21
Text proposed by the Commission
Amendment
This Regulation also lays down rules concerningfor the conditionsproduction ofand cultivationmarketing in the Union of certainplant varietiesreproductive thatmaterial could(‘PRM’), haveand undesirablein agronomicparticular effects,requirements includingfor the cultivationproduction forof purposesPRM beyondin the productionfield and marketingother sites, categories of PRM,material, foridenty theand productionquality ofrequirements, food,certification, feedlabelling, packaging, imports, professional operators and otherthe products.registration of varieties.
This Regulation also lays down rules concerning the conditions of cultivation of certain varieties that could have undesirable agronomic effects for the production of food, feed and other products.
This Regulation lays down rules for the production of plant reproductive material (‘PRM’) with a view to its marketing as PRM and the marketing of PRM in the Union, 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, exports, professional operators and the registration of varieties. This Regulation shall not apply to the production and marketing of PRM intended for other purposes, such as food or feed.
Or. enfr
Justification
This regulation has a main goal related to the PRM, therefore can have only a link, but not an aim, related to the “conditions of cultivation”.
Amendment 2
The requirements concerning production of PRM shall apply only to production with a view to its marketing.
The requirements concerning production of PRM shall apply only to production with a view to its marketing or import within theas Union.PRM.
Or. enfr
Justification
Addition in accordance with paragraph 4 letter c of this article and article 39 of this regulation.
Amendment 3
Proposal for a regulation
Article 2 – paragraph 42 – point a
Text proposed by the Commission
Amendment
(a) propagating material of ornamental plants as defined in Article 2 of Directive 98/56/EC;
(a) to ensure quality and diversity of choice for PRM, and its availability for professional operators and final users;
(a) propagating material of ornamental plants as defined in Article 2 of Directive 98/56/EC, and propagating material of genera or species listed in Annex I exclusively used for ornamental purposes;
(a) to ensure quality and diversity of choice for PRM, and its availability for professional operators, farmers and final users;
Or. enfr
Amendment 4
Proposal for a regulation
Article 2 – paragraph 42 – point b
Text proposed by the Commission
Amendment
(b) forest reproductive material as defined in Article 3 of Regulation (EU) .../… of the European Parliament and of the Council47 +;
(b) to ensure a equal conditions for the competition of the professional operators across the Union and the functioning of the internal market in PRM;
(b) forest reproductive material as defined in Article 3 of Regulation (EU) .../… of the European Parliament and of the Council47 + and propagating material of genera or species listed in Annex I exclusively used for forestry purposes;
(b) to ensure appropriate and proportionate conditions for the competition of the professional operators across the Union and the functioning of the internal market in PRM;
__________________
Or. fr
__________________
47 Regulation (EU) .../… of the European Parliament and of the Council …. (OJ…., p….).+ OJ: Please insert in the text the number of the Regulation contained in document (… (COD)) and insert the number, date, title and OJ reference of that Regulation in the footnote.
47 Regulation (EU) .../… of the European Parliament and of the Council …. (OJ…., p….).+ OJ: Please insert in the text the number of the Regulation contained in document (… (COD)) and insert the number, date, title and OJ reference of that Regulation in the footnote.
Or. en
Justification
Amendments "a" & "b" in order to clarify the aims and areas that fall under this regulation.With focus on the multiple and crossing aims of some varieties/species produced with an ornamental or agricultural (food production) purpose. With focus on the multiple and crossing aims of some varieties/species identifiable and produced as PRM and/or FRM. For example chestnut tree.
Amendment 5
Proposal for a regulation
Article 2 – paragraph 42 – point cd
Text proposed by the Commission
Amendment
(c) PRM produced for export to third countries;
(d) to contribute to conservation and sustainable use of plant genetic resources and agro-biodiversity;
(c) PRM produced for export to third countries outside commercial activities and for private use only and linked to conservation and biodiversity goals of the PRM.
(d) to contribute to dynamic conservation and sustainable use of plant genetic resources and agro-biodiversity;
Or. enfr
Justification
Amendments, in order to clarify the aims and areas that fall under this regulation and its main goal of the PRM produced as a market product. Moreover, to underline the key role, plaid by the sustainability and biodiversity in this regulation.
Amendment 6
Proposal for a regulation
Article 32 – paragraph 14 – point 3c
Text proposed by the Commission
Amendment
(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
(c) PRM produced for export to third countries;
(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;
(c) PRM produced for export to third countries outside commercial activities and for private use only;
Or. enfr
Justification
Amendment in order to keep the focus of the regulation on marketing.
Amendment 7
Proposal for a regulation
Article 32 – paragraph 14 – point 5e
Text proposed by the Commission
Amendment
(5) ‘clone’ means an individual plant progeny, originally derived from another single plant by vegetative reproduction, remaining genetically identical to that plant;
(e) PRM used solely for official testing, breeding, inspections, exhibitions or scientific purposes.
(5) ‘clone’ means:
(e) PRM sold or transferred in any other way, whether free of charge or not, for official testing, breeding, inspections, exhibitions or scientific purposes, in particular for participatory research on farms and for activities carried out by gene banks;
Or. enfr
Amendment 8
Proposal for a regulation
Article 32 – paragraph 14 – point 5 – pointe a (new)
Text proposed by the Commission
Amendment
(a) an individual plant progeny, originally derived from another single plant by vegetative reproduction, remaining genetically identical to that plant; or
(ea) PRM produced by farmers for their own use;
Or. enfr
Amendment 9
Proposal for a regulation
Article 32 – paragraph 14 – point 5 – pointe b (new)
Text proposed by the Commission
Amendment
(b) the vegetative genetically uniform progeny of a single plant.
(eb) PRM traded free of charge or against payment of costs incurred, between farmers or between farmers and end-users for scientific purposes, breeding and/or dynamic management of crop biodiversity.
Or. enfr
Justification
Amendments "a" & "b" are two technical specification given that the proposed definition did not include the fruits plant description of clones. It was include the specific definition of clone currently defined in the directive 2008/90 article 2,4.
Amendment 10
Proposal for a regulation
Article 3 – paragraph 1 – point 122 – point a
Text proposed by the Commission
Amendment
(12) ‘variety maintenance’ means the actions taken for controlling varietal purity and identity with the aim to ensure that a variety remains in accordance with its description over subsequent cycles of reproduction;
(a) production;
(12) ‘variety maintenance’ means the actions taken for controlling varietal purity and identity with the aim to ensure that a variety remains unchanged in the expression of the characteristics included in the variety description over subsequent cycles of reproduction;
(a) production for marketing purposes;
Or. enfr
Justification
This is a technical clarification
Amendment 11
Proposal for a regulation
Article 3 – paragraph 1 – point 27 – point d a (new)3
Text proposed by the Commission
Amendment
(da) is not an open pollinated out-crossing species.
(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;
Or. en
(3) ‘marketing’ means the following actions conducted by a professional operator: sale, holding or offering for sale within the Union, to the Union or from the Union;
Justification
Or. fr
For some species defined as "open pollinated" is impossible to distinguish between standard material and heterogeneous material
Amendment 12
Proposal for a regulation
Article 3 – paragraph 1 – point 2827 – point d a (new)
Text proposed by the Commission
Amendment
(28) ‘final user’ means any person acquiring, transferring and using PRM for purposes which are outside that person’s professional activities;
(da) does not consist of a genetically modified organism as defined in Article 2(2) of Directive 2001/18/EC of the European Parliament and of the Council or a category 1 or category 2 NGT plant as defined in Regulation (EU) .../... of the European Parliament and of the Council;
(28) ‘final user’ means any person acquiring and using PRM for purposes which are outside that person’s main professional activities;
Or. fr
Or. en
Justification
First amendment First change, it is in compliance with article 2,4, letter d, and the second one is in order to have a more broad definition.
Amendment 13
(a) traditionally grown or locally newly bred under specific local conditions in the Union, and adapted to those conditions; and
(a) either a traditionally grown landrace or alocally newly bred variety (modern landrace) derived from participatory on-farm selection and breddeveloped forto adaptationrespond to specific local conditions in the context of the sustainableproduction usesystems ofconcerned, plantand geneticadapted resourcesto forthose foodconditions; and agriculture;
Or. enfr
Amendment 14
(b) characterised by a high level of genetic and phenotypical diversity between individual reproductive units;
(b) characterised by a certain level of genetic and phenotypical diversity between individual reproductive units;
Or. enfr
Amendment 15
Proposal for a regulation
Article 3 – paragraph 1 – point 3229 – point b a (new)
Text proposed by the Commission
Amendment
(32) ‘seed potatoes’ means tubers of Solanum tuberosum L., used for the reproduction of other potatoes;
(ba) does not consist of a genetically modified organism as defined in Article 2(2) of Directive 2001/18/EC of the European Parliament and of the Council or a category 1 or category 2 NGT plant as defined in Regulation (EU) .../... of the European Parliament and of the Council;
(32) ‘seed potatoes’ means tubers of Solanum tuberosum L., used for the reproduction of potatoes;
Or. fr
Or. en
Amendment 16
Proposal for a regulation
Article 123 – paragraph 1 – subparagraphpoint 135 a (new)
Text proposed by the Commission
Amendment
For the purposes of the certification under official supervision, 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).
(35a) ‘dynamic conservation’ means the preservation of genetic diversity within and between cultivated plant species, within or outside their natural habitat areas, with a view to combating the long-term decline of biodiversity;
For the purposes of the certification under official supervision, the competent authorities shall conduct regular audits, at least once every 18 months, to ensure that the professional operator fulfils the requirements referred to in Article 10(1).
Or. fr
Or. en
Justification
The competent authority should ha a certain flexibility in the scheduling of the control, the year frequencies may not follow the real production steps during the year.
Amendment 17
Proposal for a regulation
Article 135 – paragraph 21 – subparagraphpoint 1e
Text proposed by the Commission
Amendment
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.
(e) as seed exchanged in kind between farmers in accordance with Article 30;
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.
(e) as PRM exchanged between farmers in accordance with Article 30;
Or. enfr
Justification
This limitation do not represent a quality’s standard for seeds and it will increase the waste production.
Amendment 18
Proposal for a regulation
Article 146 – paragraph 52 a– (new)point d
Text proposed by the Commission
Amendment
5a. The competent authority and the professional operator shall keep a record of the following:
(d) as seed exchanged in kind between farmers in accordance with Article 30;
(a) authorisation, buy, load and transport of the PRM; and
(d) as PRM exchanged between farmers in accordance with Article 30;
(b) quality, identification and traceability of the PRM.
Or. fr
Or. en
Justification
This represent a specific derogation, however it should be possible only with a complete traceability.
Amendment 19
Proposal for a regulation
Article 15 – paragraph 61 a (new)
Text proposed by the Commission
Amendment
6. By way of derogation from paragraphs 1 to 5, pre-basic, basic material and seed basic material and seed and certified material and 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.
1a. The official label shall indicate clearly the intellectual property rights concerning the PRM.
6. By way of derogation from paragraphs 1 to 5, pre-basic, basic and certified seed and material, 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.
Or. fr
Or. en
Justification
Wording
Amendment 20
Proposal for a regulation
Article 1922 – paragraph 1 – subparagraph 1 – point cb
Text proposed by the Commission
Amendment
(c) with the exception of standard seed or standard material, the PRM concerned is produced or marketed under a lower category, in accordance with the requirements applicable for that category;
(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) with the exception of standard seed or standard material, the PRM concerned is marketed under a lower category, in accordance with the requirements applicable for that category;
(b) it is naturally associated with a particular area (‘region of origin’) contributing to the conservation of genetic resources or the restoration of the natural environment;
Or. enfr
Justification
In this regulation, the focus is on the marketing standard and not the production. Regarding the category, it is important that the final labeling on the market correspond to the real standards.
Amendment 21
Proposal for a regulation
Article 2022 – paragraph 23 – subparagraph 2 – point b – point i1
Text proposed by the Commission
Amendment
(i) to the purpose of ensuring food and feed security, or ensuring high value of industrial processing; and
Professional operators shall report to the respective competent authorities, for each production season, the amount of preservation mixtures produced and marketed by them.
(i) to the purpose of ensuring food and feed security, or ensuring high value of industrial processing; or
Professional operators shall report to the respective competent authorities, for each production season, the amount of preservation mixtures marketed by them.
Or. enfr
Justification
This amendments gives more flexibility for the certification.
Amendment 22
Proposal for a regulation
Article 2122 – paragraph 13 – subparagraph 12
Text proposed by the Commission
Amendment
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, may be produced and marketed in the Union, if they fullfill the requirements of this Article.
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.
Mixtures of certified seed or mixtures of standard seed of various genera or species listed in Parts A and B of Annex I 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 fulfil the requirements of this Article.
The Member States shall report on request to the Commission and to the other Member States the amount of preservation mixtures marketed in their territory and, where applicable, the names of competent authorities responsible for plant genetic resources or of organisations recognised for this purpose.
Or. enfr
Justification
Also the seed listed in the Part B (Genera and species to be used for the production of vegetables) should be mentioned.
Amendment 23
Proposal for a regulation
Article 21 - paragraph 4 a (new)
Article 27 – paragraph 1
Text proposed by the Commission
Amendment
4a. Μixtures of seeds referred to in paragraph 1 may contain seeds of various genera or species which are, or are not, listed in Annex I, Parts A and B.
1. By way of derogation from Article 5, PRM of heterogeneous material 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.
Or. en
1. By way of derogation from Article 5, PRM of heterogeneous material of all species may be produced and marketed within the Union without belonging to a variety. The heterogeneous material shall be notified to the competent authority three months prior to its marketing, in accordance with the requirements set out in Annex VI.
Justification
Or. fr
Flowering mixtures and mixtures for greening currently contain many species that are not listed. This is important because these species are used as part of nature conservation measures. These mixtures are currently used on a large scale.
Amendment 24
Proposal for a regulation
Article 2227 – paragraph 1 – subparagraph 1 –2 pointa b(new)
Text proposed by the Commission
Amendment
(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;
2a. Heterogeneous material shall not consist of a GMO or a category 1 or category 2 NGT plant as defined in Regulation (EU).../...
(b) it is naturally associated with a particular area (‘region of origin’) contributing to the conservation of genetic resources or the restoration of the natural environment;
Or. fr
Or. en
Justification
This definition of "source area" is the the same definition of "region of origin" in the in Article 3 of EU Directive 2010/60, which currently regulates the marketing of preservation mixtures. This amendments it to avoid misunderstandings.
Amendment 25
Proposal for a regulation
Article 2227 – paragraph 23 – subparagraph 1 – point ac
Text proposed by the Commission
Amendment
(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);
(c) improve the rules on maitenance of heterogenous PRM, on the basis of the emergence of best practices.
(a) authorisation requirements for mixtures of seeds collected directly from a natural place belonging to a defined region of origin, for the conservation and restoration of the natural environment (directly harvested preservation mixtures);
deleted
Or. enfr
Justification
This definition of "source area" is the the same definition of "region of origin" in the in Article 3 of EU Directive 2010/60, which currently regulates the marketing of preservation mixtures. This amendments it to avoid misunderstandings.
Amendment 26
Proposal for a regulation
Article 2327 – titleparagraph 4
Text proposed by the Commission
Amendment
Re-packaging and re-labelling of seed lots
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.
Re-packaging and re-labelling of PRM lots
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 three months, the PRM of heterogeneous material may be marketed.
Or. enfr
Justification
This amendment it's in order to have a broader definition and application of the all PRM lots
Amendment 27
Proposal for a regulation
Article 2327 – paragraph 7 – subparagraph 1
Text proposed by the Commission
Amendment
1. Seed lots of pre-basic, basic and certified seed shall be repackaged and relabeled in accordance with this Article, Articles 14 and 15, where this is necessary for splitting or merging of lots.
Heterogeneous material as notified pursuant to paragraph 1, shall be registered by the competent authorities in a dedicated register (‘heterogeneous material register’).
1. Lots of pre-basic, basic and certified seed shall be repackaged and relabeled in accordance with this Article, Articles 14 and 15, where this is necessary for splitting or merging of lots.
Heterogeneous material as notified pursuant to paragraph 1, shall be registered by the competent authorities in a dedicated register (‘heterogeneous material register’). Registration shall be free of charge.
Or. enfr
Justification
This amendment it's in order to have a broader definition and application of the all PRM lots
Amendment 28
Proposal for a regulation
Article 2328 – paragraph 21 – subparagraph 1 – introductory part
Text proposed by the Commission
Amendment
The re-packaging and re-labelling of a seed lot shall be conducted by:
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:
The re-packaging and re-labelling of a PRM lot shall be conducted by:
By way of derogation from Articles 5 - 15 and 20, PRM may be marketed to final users, if it complies with all of the following requirements:
Or. enfr
Justification
This amendment it's in order to have a broader definition and application of the all PRM lots
Amendment 29
Proposal for a regulation
Article 2728 – paragraph 1 – subparagraph 1 – point a
Text proposed by the Commission
Amendment
1. By way of derogation from Article 5, PRM of heterogeneous material 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.
(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’;
1. By way of derogation from Article 5, PRM of heterogeneous material, with the exclusion of the production and marketing of fodder plant, may be produced and marketed within the Union without belonging to a variety. The heterogeneous material shall be notified to and registered by the competent authority prior to its production and/or marketing, in accordance with the requirements set out in Annex VI.
(a) to bear an operator’s label with the denomination of the PRM and the indication ‘Plant reproductive material for final users’ or, in the case of seeds, ‘Seeds for final users’;
Or. enfr
Justification
The fodder plants are inherently breeded as heterogeneous material so it should be excluded.
Amendment 30
Proposal for a regulation
Article 30 – title
Article 29 – paragraph 1 – subparagraph 2
Text proposed by the Commission
Amendment
Seed exchanged in kind between farmers
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.
PRM exchanged between farmers
It can be marketed as well from those gene banks, organisations and networks to persons who contribute to the dynamic conservation of that PRM as final consumers or farmers.
Or. enfr
Justification
This amendments allows for more flexibility in the application of this article.
Amendment 31
Proposal for a regulation
Article 3029 – paragraph 1 – introductorysubparagraph part3 – point b a (new)
Text proposed by the Commission
Amendment
1. By way of derogation from Articles 5 - 25, farmers may exchange seeds in kind, if such seeds fulfill all of the following conditions:
(ba) bear a label indicating ‘PRM for conservation’;
1. By way of derogation from Articles 5 to 25, farmers may exchange PRM, if such PRM fulfils all of the following conditions:
Or. fr
Or. en
Justification
This amendments allows for more flexibility in the application of this article.
Amendment 32
Proposal for a regulation
Article 3029 – paragraph 21 – subparagraph 3 – point bc
Text proposed by the Commission
Amendment
(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
(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.
(b) to be limited in quantities, without using commercial intermediaries or public offer of marketing; and
(c) be practically free from quality pests.
Or. enfr
Amendment 33
Proposal for a regulation
Article 30 a (new)
Article 29 – paragraph 2
Text proposed by the Commission
Amendment
Article 30a
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.
Maximum quantity of each species which may be exchanged
2. Every year, 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.
The Commission is empowered to adopt delegated acts in accordance with Article 75, supplementing this Regulation, in order to set up, for each species, the maximum quantity which may be exchanged, referred to in Article 30(2), point (b).
Or. fr
Or. en
Justification
The exchange of seed should be guaranteed however if it's limited to small quantities.
Amendment 34
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1 – introductory part
Article 30 – title
Text proposed by the Commission
Amendment
In order to remove temporary difficulties in the general supply of PRM that may occur in the Union due to adverse climatic conditions or other unforeseen circumstances, the Commission, by means of an implementing act, may authorise Member States for a maximum period of 1 year, to allow the marketing of the categories of pre-basic, basic or certified material or seed, which fulfils one of the following conditions:
Seed exchanged in kind between farmers
In order to remove temporary difficulties in the general supply of PRM that may occur in the Union due to adverse climatic conditions or other unforeseen circumstances, the Commission is empowered to adopt delegated acts in accordance with Article 75, amending this Regulation, in order to authorise Member States for a maximum period of 1 year, to allow the marketing of the categories of pre-basic, basic or certified material or seed, which fulfils one of the following conditions:
PRM exchanged between farmers
Or. enfr
Amendment 35
Proposal for a regulation
Article 3330 – paragraph 1 – subparagraphintroductory 3part
Text proposed by the Commission
Amendment
That implementing act may set out the maximum quantities, which may be marketed per genera or species.
1. By way of derogation from Articles 5 - 25, farmers may exchange seeds in kind, if such seeds fulfill all of the following conditions:
That delegated act shall set out the maximum quantities, which may be marketed per genera or species.
1. By way of derogation from Articles 5 - 25, farmers may exchange PRM, including where they are reimbursed for direct costs incurred or as part of a mutual support system, if such PRM fulfils all of the following conditions:
Or. enfr
Amendment 36
Proposal for a regulation
Article 3330 – paragraph 1 – subparagraphpoint 43
Text proposed by the Commission
Amendment
That implementing act shall be adopted in accordance with the examination procedure referred to in Article 76(2).
(3) are not subject to a service contract conducted by the respective farmer with a professional operator performing seed production; and
deleted
(3) are not subject to a service contract conducted by the respective farmer with a professional operator performing PRM production; and
Or. enfr
Amendment 37
Proposal for a regulation
Article 3330 – paragraph 31 – point 4
Text proposed by the Commission
Amendment
The Commission may decide, by means of an implementing act, that the authorisation concerned has to be repealed or amended, if it concludes that is no longer necessary or proportionate to the objective of removing the temporary difficulties in the general supply of the PRM concerned. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 76(2).
(4) the seed is used for dynamic management of farmer’s own seed for the purpose of contributing to agro-diversity.
The Commission is empowered to adopt delegated acts in accordance with Article 75, amending this Regulation, in order to decide that the authorisation concerned has to be repealed or amended, if it concludes that it is no longer necessary or proportionate to the objective of removing the temporary difficulties in the general supply of the PRM concerned.
(4) the PRM is used for dynamic management of farmer’s own PRM for the purpose of contributing to agro-diversity.
Or. enfr
Amendment 38
Proposal for a regulation
Article 3330 – paragraph 42 a– (new)introductory part
Text proposed by the Commission
Amendment
4a. The Member State that uses the derogation referred to in paragraph 4 shall notify it to the Commission.
2. Such seeds shall fulfil all of the following requirements:
Or. en
2. Such PRM shall fulfil all of the following requirements:
Justification
Or. fr
This is a derogation that should be reported to the Commission.
Amendment 39
Proposal for a regulation
Article 3930 – paragraph 12 – subparagraphpoint 2b
Text proposed by the Commission
Amendment
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.
(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
deleted
(b) to be limited to quantities defined by the competent authorities to meet the needs considered to be normal for specific species per year and per farmer, without using commercial intermediaries or public offer of marketing; and
Or. enfr
Justification
The process of equivalence for derogatory regimes (PRM belonging to conservation varieties; of heterogeneous material; marketed to final users; marketed to and between gene banks, organizations and networks; and exchanged between farmers) should be allowed.
Amendment 40
Proposal for a regulation
Article 4330 – paragraph 12 – point ac
Text proposed by the Commission
Amendment
(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
(c) to be practically free from quality pests and any defects likely to impact their quality as seeds, and shall have satisfactory germination capacity.
(a) their intention to produce pre-basic, basic and certified material or pre-basic, basic and certified seed, before the beginning of that production; and
(c) to be practically free from quality pests and any defects likely to impact their quality as PRM.
Or. enfr
Justification
The notification should be before the start of the production, however with flexible time.
Amendment 41
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point a – point i
Article 31 – title
Text proposed by the Commission
Amendment
(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, as set out in Article 52; or
Breeder’s seed
(i) an official description showing compliance with the requirements of distinctness, uniformity and stability set out in Articles 48, 49 and 50, except turf grasses, and fulfil the requirements for satisfactory value for sustainable cultivation and use, as set out in Article 52; or
Breeder’s PRM
Or. enfr
Justification
Turf grasses shall be exempted from VSCU testing. The purpose of turf grasses is not the production of food or renewable raw materials.
Amendment 42
Proposal for a regulation
Article 4731 – paragraph 1 – subparagraph 1 a (new)
Text proposed by the Commission
Amendment
As regards points (f) and (g) of the first subparagraph, the Commission may decide, by means of implementing acts, that the provisions adopted by Member States have to be repealed or amended, if it concludes that those provisions are not sufficiently based on the latest scientific and technical knowledge or proportionate to the objective of pursued. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).
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).
Or. en
By way of derogation from Articles 5 -25, a competent authority shall, on reasoned request, authorise operators to market PRM of generations preceeding the pre-basic category to another operator, for the purpose of producing pre-basic PRM that will allow new varieties to be bred (breeders’ seed).
Justification
Or. fr
The Commission and not the member state should be empowered to decide on this topic that must be regulated uniformly in the Union.
Amendment 43
Proposal for a regulation
Article 4732 – paragraph 31 – subparagraph 2 a (new)
Text proposed by the Commission
Amendment
3. The Commission is empowered to adopt delegated acts in accordance with Article 75, supplementing this Regulation with the minimum cultivation conditions to be adopted by the competent authorities pursuant to paragraphs 1(f) and (g), concerning:
This derogation shall not apply to PRM consisting of a genetically modified organism within the meaning of Directive 2001/18/EC or PRM consisting of an NGT plant within the meaning of Regulation (EU).../...
deleted
Or. fr
(i) measures in the field, including crop rotation;
(ii) monitoring measures;
(iii) the mode of notification of the conditions referred to in point (i) to the Commission and the other Member States;
(iv) rules for reporting from professional operators to the competent authorities concerning the application of the conditions referred to in point (i);
(v) the indication of the conditions referred to in point (i) in the national variety registers.
Those conditions shall be based on the latest scientific and technical knowledge.
Or. en
Justification
This regulation should be focused on the marketing standard. The production standards will be indirect modified by the new marketing standard.
Amendment 44
Proposal for a regulation
Article 4833 – paragraph 1 – subparagraph 1 – introductory part
Text proposed by the Commission
Amendment
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.
In order to remove temporary difficulties in the general supply of PRM that may occur in the Union due to adverse climatic conditions or other unforeseen circumstances, the Commission, by means of an implementing act, may authorise Member States for a maximum period of 1 year, to allow the marketing of the categories of pre-basic, basic or certified material or seed, which fulfils one of the following conditions:
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 which is commonly known on the date of the submission of the application established in accordance with Article 58.
In order to remove temporary difficulties in the general supply of PRM that may occur in the Union due to adverse climatic conditions or other unforeseen circumstances, the Commission is empowered to adopt delegated acts, in accordance with Article 75, supplementing this Regulation in order to authorise Member States for a maximum period of 1 year, to allow the marketing of the categories of pre-basic, basic or certified material or seed, which fulfils one of the following conditions:
Or. enfr
Amendment 45
Proposal for a regulation
Article 5233 – paragraph 1 – subparagraph 2 – point f3
Text proposed by the Commission
Amendment
(f) characteristics that enhance the sustainability of storage, processing and distribution;
That implementing act may set out the maximum quantities, which may be marketed per genera or species.
(f) characteristics that enhance the sustainability of cultivation, harvesting, storage, processing, distribution and use;
That delegated act shall set out the maximum quantities, which may be marketed per genera or species.
Or. enfr
Justification
With this amendments we focus on the sustainability in the all process.
Amendment 46
Proposal for a regulation
Article 5233 – paragraph 1 – subparagraph 2 – point g a (new)4
Text proposed by the Commission
Amendment
(ga) preserving traditional and cultural heritage;
That implementing act shall be adopted in accordance with the examination procedure referred to in Article 76(2).
Or. en
deleted
Or. fr
Amendment 47
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point g b (new)
Article 33 – paragraph 3
Text proposed by the Commission
Amendment
(gb) pre or post-harvest waste reduction.
3. The Commission may decide, by means of an implementing act, that the authorisation concerned has to be repealed or amended, if it concludes that is no longer necessary or proportionate to the objective of removing the temporary difficulties in the general supply of the PRM concerned. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 76(2).
Or. en
3. The Commission is empowered to adopt delegated acts, in accordance with Article 75, supplementing this Regulation to decide that the authorisation concerned has to be repealed or amended, if it concludes that is no longer necessary or proportionate to the objective of removing the temporary difficulties in the general supply of the PRM concerned. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 76(2).
Or. fr
Amendment 48
Proposal for a regulation
Article 5233 – paragraph 3 – subparagraph 1 –4 pointa b(new)
Text proposed by the Commission
Amendment
(b) establishing the methodologies for assessing the characteristics listed under paragraph 1, points (a) to (g);
4a. This exceptional authorisation shall not apply to PRM consisting of a genetically modified organism within the meaning of Directive 2001/18/EC or PRM consisting of an NGT plant within the meaning of Regulation (EU).../...
(b) establishing the methodologies for assessing the characteristics listed under paragraph 1, second subparagraph, points (a) to (gb);
Or. fr
Or. en
Amendment 49
Proposal for a regulation
Article 5234 – paragraph 3 – subparagrapha 4(new)
Text proposed by the Commission
Amendment
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).
3a. This provisional derogation shall not apply to PRM consisting of a genetically modified organism within the meaning of Directive 2001/18/EC or PRM consisting of an NGT plant within the meaning of Regulation (EU).../...
deleted
Or. fr
Or. en
Justification
An implementing act regarding the officially recognized description is an unnecessary. It is already in the interest of the operators and the competent authorities to make sure this description is meaningful and accurate.
Amendment 50
Proposal for a regulation
Article 6935 – paragraph 1 – subparagraphpoint 2c
Text proposed by the Commission
Amendment
However, that period of registration shall be 30 years for varieties of species of fruit plants and vine propagating material, as listed respectively in Parts C and D of Annex I.
(c) the requirements set out in paragraphs 2 to 5 are fulfilled.
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.
(c) the requirements set out in paragraphs 2 to 5a are fulfilled.
Or. enfr
Justification
The conservative varieties should have a longer registrations time in order to achieve their aim.
Amendment 51
Proposal for a regulation
Article 7535 – paragraph 25 – subparagraph 1 – point a
Text proposed by the Commission
Amendment
The delegation of power referred to in Articles 2(3), 7(3), 8(4), 10(2), 15(5), 20(2), 22(2), 24(4), 27(3), 46(2), 47(3), 52(3), 54(4), 61(3), and 62(1) shall be conferred on the Commission for 5 years from the date of the entry into force of this Regulation.
(a) a decision on equivalence has been adopted pursuant to Article 39 concerning that third country;
The delegation of power referred to in Articles 2(3), 7(3), 8(4), 10(2), 15(5), 20(2), 22(2), 24(4), 27(3), 30a, 33(1) and (3), 46(2), 52(3), 54(4), 61(3), and 62(1) shall be conferred on the Commission for 5 years from the date of the entry into force of this Regulation.
(a) a decision on compliance has been adopted pursuant to Article 39 concerning that third country;
Or. enfr
Amendment 52
Proposal for a regulation
Article 8335 – paragraph 3 –5 pointa b(new)
Text proposed by the Commission
Amendment
(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.
5a. This derogation shall not apply to PRM consisting of a genetically modified organism within the meaning of Directive 2001/18/EC or PRM consisting of an NGT plant within the meaning of Regulation (EU).../...
(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, provided that the respective examination requirements, methodologies and standards for assessing the characteristics listed in Article 52(1), second subparagraph points (a) to (gb), exist. It shall be binding in its entirety and directly applicable in all Member States.
Or. fr
Or. en
Justification
The establishment of the important and new sustainable standards should not stop or delay the development of new varieties.
Amendment 53
Proposal for a regulation
Annex I – PartArticle A37 – subheadingparagraph 13 a (new)
Text proposed by the Commission
Amendment
Cicer arietinum Lens culinaris Medik., 1787 Fagopyrum esculentu
3a. These emergency measures shall not apply to PRM consisting of a genetically modified organism within the meaning of Directive 2001/18/EC or PRM consisting of an NGT plant within the meaning of Regulation (EU).../...
Camelina sativa
Or. fr
Triticum monococcum
Or. en
Amendment 54
Proposal for a regulation
Annex VI – Part H – table - row 2
Article 39 – title
Text proposed by the Commission
Fodder plants
10
Amendment
deleted
Imports on the basis of Union equivalence
deleted
Imports on the basis of compliance with Union rules
Or. enfr
Amendment 55
Proposal for a regulation
AnnexArticle VII39 – paragraph 1 – pointsubparagraph g1
Text proposed by the Commission
Amendment
(g) in the case of varieties with officially recognised description and, if appropriate, an indication of the region(s), where the variety has historically been grown and to which it is naturally adapted (‘region(s) of origin’);
PRM may only be imported from third countries, if it is established, pursuant to paragraph 2, that it fulfils requirements equivalent to those applicable to PRM produced and marketed in the Union.
(g) in the case of conservation varieties with officially recognised description and, if appropriate, an indication of the region(s), where the variety has historically been grown and to which it is naturally adapted (‘region(s) of origin’);
PRM may only be imported from third countries, if it is established, pursuant to paragraph 2, that it complies with the requirements applicable to PRM produced and marketed in the Union.
Or. enfr
Justification
To clarify the type of variety referred to in article 46.
Amendment 56
Proposal for a regulation
AnnexArticle VII39 – paragraph 1 – pointsubparagraph s2
Text proposed by the Commission
Amendment
(s) where applicable, indication that the variety is herbicide tolerant and indication of the applicable cultivation conditions;
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
Or. enfr
Justification
To be consistent with the amendments introduced on art. 47.
Amendment 57
Proposal for a regulation
AnnexArticle VII39 – paragraph 2 – subparagraph 1 – pointintroductory tpart
Text proposed by the Commission
Amendment
(t) where applicable, indication that the variety has certain characteristics, other than the one referred to in point (s), and indication of the applicable cultivation conditions.
The Commission may recognise, by means of implementing acts, that PRM of specific genera, species or categories produced in a third country, or particular areas of a third country, fulfils requirements equivalent to those applicable to PRM produced and marketed in the Union, on the basis of all of the following:
(t) where applicable, indication that the variety has certain characteristics, and indication of the applicable cultivation conditions.
The Commission may recognise, by means of implementing acts, that PRM of specific genera, species or categories produced in a third country, or particular areas of a third country, fulfils requirements consistent with those applicable to PRM produced and marketed in the Union, on the basis of all of the following:
Or. enfr
Justification
In accordance with the previous amendments.
Amendment 58
Proposal for a regulation
AnnexArticle VII39 – paragraph 12 – pointsubparagraph t1 a– (new)point b
Text proposed by the Commission
Amendment
(ta) disclosure of which breeding techniques have been applied for the development of the variety (e.g. cell fusion, genetic engineering, chemical or iradiation mutation breeding, microspore culture);
(b) an audit carried out by the Commission in the third country concerned, showing that the PRM concerned fulfils requirements equivalent to those applicable to PRM produced and marketed in the Union, where that audit has been considered necessary by the Commission; and
Or. en
(b) an audit carried out by the Commission in the third country concerned, showing that the PRM concerned fulfils requirements consistent with those applicable to PRM produced and marketed in the Union, where that audit has been considered necessary by the Commission; and
Or. fr
Amendment 59
Proposal for a regulation
Annex VII – paragraph 1 – point t b (new)
Article 41 – title
Text proposed by the Commission
Amendment
(tb) disclosure of whether the variety is covered by existing patents.
Obligations of professional operators producing PRM
Or. en
Obligations of professional operators producing PRM intended for marketing
EXPLANATORY STATEMENT
Or. fr
Plant reproductive materials (PRM) were so far covered under ten different directives dealing with the different species and varieties as well as addressing different aspects including development, production and marketing.
Amendment 60
With this proposal, the Commission seeks to cover the various PRM, such as seeds, cuttings, trees, roots, and tubers, under a single regulation, thus creating a uniform standard among the different PRMs within the European Union.
Proposal for a regulation
The Rapporteur agrees broadly with the proposal of the Commission and welcomes the separation of plant and forestry reproductive material, which are now treated in two different regulations.
Article 41 – paragraph 1 a (new)
The Rapporteur appreciates the structure of the regulation with a focus on the marketing and quality of PRM, which is guaranteed by high production standards and controls by the competent authority. Important derogations concerning the non-commercial exchange of seeds as well as the derogation for conservative varieties focused on biodiversity are crucial and have the full support of the Rapporteur. Nonetheless, derogations must respect fundamental elements of the PRM regulation regarding phytosanitary risks, property rights and limited small quantities.
Text proposed by the Commission
The Rapporteur suggests minor technical adjustments, like broadening the scope of the regulation to include requirements concerning the production of PRM, to be applied not only to marketing but also to imports into the European Union. The Rapporteur underlines the importance of excluding propagating material of genera or species from the list in Annex I exclusively used for ornamental purpose from this regulation. Furthermore, the Rapporteur suggests specifying the definition of clones by including fruit plants’ descriptions and excluding open pollinated out-crossing species from the definition of heterogeneous material.
Amendment
In order to reduce spoilage and to improve legal certainty, the Rapporteur suggests allowing the merger of different lots of PMR into a single one regardless of the harvest year, under the condition that the lots belong to the same variety.
The activities referred to in Articles 28, 29 and 30 shall not be subject to the provisions of this article.
Furthermore, the Rapporteur suggests extending the period for regular audits under Article 12 from at least once every 12 months to at least once every 18 months to give competent authorities more flexibility to schedule the audits following the real production cycle. The Rapporteur suggests providing more flexibility regarding the costs of certification activities as one of the two conditions to be fulfilled to add a genus or a species to Annex IV. Furthermore, the Rapporteur specifies that the production and marketing of fodder plants cannot be classified as “heterogeneous material” and thus shall not be included within Article 27. Moreover, the Rapporteur supports the derogation to Article 39 for the import of PRM, which is not produced for market purposes. The Rapporteur requests the exemption of turf grasses from VSCU testing as it is not used for the production of food or renewable raw materials. The Rapporteur is of the opinion that this regulation is providing detailed marketing standards with a direct implication on the production of PRM and questions the necessity of the adoption of a further delegated act on minimum cultivation conditions under Article 47.
Or. fr
The Rapporteur is confident that with the approach taken in the Commission proposal and with the amendments proposed in the report, the goal of enacting a single regulation on PRM that is balanced and has a positive impact in all sectors previously regulated by different directives can be achieved.
Amendment 61
ANNEX: List of entities or persons from whom the rapporteur has received input
Proposal for a regulation
The following list is drawn up under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the [draft report / report, until the adoption thereof in committee]:
Article 42 – paragraph 1
Entity and/or person
Text proposed by the Commission
IFOAM Organics Europe
Amendment
Bayerische Pflanzenzucht- und Saatbauverbände
1. Professional operators shall ensure that PRM is traceable at all stages of production and marketing.
COCERAL
1. Professional operators shall ensure that PRM intended for marketing is traceable at all stages of production and marketing.
KWS SAAT SE & Co. KGaA
Or. fr
Amendment 62
Proposal for a regulation
Article 42 – paragraph 3 a (new)
Text proposed by the Commission
Amendment
3a. The activities referred to in Articles 28, 29 and 30 shall not be subject to the provisions of this article.
Or. fr
Amendment 63
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point f
Text proposed by the Commission
Amendment
(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;
(f) where the varieties have become tolerant to herbicides as a result of genetic modification and consist of a genetically modified organism or a category 2 NGT plant, they are subject to cultivation conditions for 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;
Or. fr
Amendment 64
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point g
Text proposed by the Commission
Amendment
(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.
(g) where the varieties have particular characteristics other than the ones referred to in point (f) that may lead to undesirable agronomic effects but demonstrate a favourable agronomic and ecological balance, 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.
Or. fr
Amendment 65
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 1
Text proposed by the Commission
Amendment
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 the uses which can be made of the crops, other plants or the products derived therefrom.
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, in at least one of the existing agricultural production systems, for the sustainable cultivation and the uses which can be made of the crops, other plants or the products derived therefrom.
Or. fr
Amendment 66
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – introductory part
Text proposed by the Commission
Amendment
The characteristics referred to in the first subparagraph are the following, as appropriate for the species, regions, agro-ecological conditions and uses concerned:
The characteristics referred to in the first subparagraph will be tested in different agricultural production systems (organic, agro-ecological, regenerative, conservation, integrated management using minimal fertilisers and irrigation, and no pesticides or seed processing). The characteristics in the following list shall be adapted to the species, regions, agro-ecological conditions and uses concerned:
Or. fr
Amendment 67
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point f
Text proposed by the Commission
Amendment
(f) characteristics that enhance the sustainability of storage, processing and distribution;
(f) characteristics that enhance the sustainability of storage, processing and distribution, alongside their contribution to the sustainability of the production system linked to that PRM;
Or. fr
Amendment 68
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point g a (new)
Text proposed by the Commission
Amendment
(ga) preservation of traditional and cultural heritage.
Or. fr
Amendment 69
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point g b (new)
Text proposed by the Commission
Amendment
(gb) more sustainable agricultural production systems, as part of an ecosystem-based approach that takes into account all interactions with the environment concerned.
Or. fr
Amendment 70
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point g c (new)
Text proposed by the Commission
Amendment
(gc) pre or post-harvest waste reduction.
Or. fr
Amendment 71
Proposal for a regulation
Article 52 – paragraph 2 a (new)
Text proposed by the Commission
Amendment
2a. The examination of the value for cultivation and sustainable use shall remain voluntary for species listed in Parts B and C of Annex I.
Or. fr
Amendment 72
Proposal for a regulation
Article 52 – paragraph 2 b (new)
Text proposed by the Commission
Amendment
2b. The examination of the value for cultivation and sustainable use must not lead to the exclusion of varieties that would reduce the diversity of the species cultivated.
Or. fr
Amendment 73
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 4
Text proposed by the Commission
Amendment
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. Such implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).
deleted
Or. fr
Amendment 74
Proposal for a regulation
Article 52 – paragraph 4 – subparagraph 2
Text proposed by the Commission
Amendment
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 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 by professional operators involved in organic farming or by organic farmers under the official supervision of the national authorities.
Or. fr
Amendment 75
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 (new)
Text proposed by the Commission
Amendment
The registration procedure shall be free of charge for applicants.
Or. fr
Amendment 76
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2
Text proposed by the Commission
Amendment
The competent authority shall accept or reject the registration of a conservation variety, after checking its compliance with paragraph 1.
The competent authority shall accept or reject the registration of a conservation variety, after checking its compliance with paragraph 1. It shall inform the applicant of its decision, stating, where applicable, the grounds for refusal.
Or. fr
Amendment 77
Proposal for a regulation
Article 54 – paragraph 1 – point c – paragraph 1 – point i
Text proposed by the Commission
Amendment
(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
(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, in a commercial catalogue of a professional operator, or in documentation that is publicly available or has been submitted to the competent authority by a natural or legal person involved in the dynamic conservation or sustainable use of plant genetic resources and crop biodiversity; or
Or. fr
Amendment 78
Proposal for a regulation
Article 54 – paragraph 1 – point c – paragraph 1 – point ii a (new)
Text proposed by the Commission
Amendment
(iia) under which another traditional or local variety or a product derived therefrom has been registered;
Or. fr
Amendment 79
Proposal for a regulation
Article 54 – paragraph 1 – point f a (new)
Text proposed by the Commission
Amendment
(fa) it is already used for non-registered traditional or local varieties or products derived therefrom;
Or. fr
Amendment 80
Proposal for a regulation
Article 54 – paragraph 1 – point f b (new)
Text proposed by the Commission
Amendment
(fb) it is similar to or is likely to cause confusion with the denomination of a product with a recognised geographical indication.
Or. fr
Amendment 81
Proposal for a regulation
Article 61 – paragraph 1 – point c a (new)
Text proposed by the Commission
Amendment
(ca) the examination does not replace the risk assessment required to apply for marketing authorisation under Directive 2001/18/EC on genetically modified organisms or under Regulation (EU) .../... on plants obtained by certain new genomic techniques.
Or. fr
Amendment 82
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2
Text proposed by the Commission
Amendment
However, that period of registration shall be 30 years for varieties of species of fruit plants and vine propagating material, as listed respectively in Parts C and D of Annex I.
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.
Or. fr
Amendment 83
Proposal for a regulation
Article 77 a (new)
Text proposed by the Commission
Amendment
Article 77a
Commission report
No later than the entry into force of this Regulation, the Commission shall submit a report to the European Parliament and to the European Council assessing the adequacy of the provisions introduced by this Regulation and the resources available to the competent authorities to implement them. In its assessment, the Commission shall pay particular attention to the VSCU technical test as the derogation provided for in Article 61 of this Regulation should be used with great care in order to ensure the credibility of VSCU testing. Where appropriate, the Commission shall put forward proposals, including budgetary proposals, to balance the needs and resources of the competent authorities.
Or. fr
Amendment 84
Proposal for a regulation
Article 81 – title
Text proposed by the Commission
Amendment
[ ... ]
deleted
Or. fr
Amendment 85
Proposal for a regulation
Article 81 a (new)
Text proposed by the Commission
Amendment
Article 81a
Amendment of Directive 98/44/EC
Directive 98/44/EC is amended as follows:
Or. fr
Amendment 86
Proposal for a regulation
Article 81 b (new)
Text proposed by the Commission
Amendment
(1) In Article 4, the following paragraphs 4 and 5 are inserted:
‘4. By way of derogation from paragraphs 1, 2 and 3, NGT plants, plant material and parts thereof, and the genetic information they contain, shall not be patentable.
5. By way of derogation from paragraphs 1, 2 and 3, plants, plant material and parts thereof, and the genetic information they contain, which have been obtained using techniques excluded from the scope of Directive 2001/18/EC as listed in Annex 1B thereto, shall not be patentable.’
Or. fr
Amendment 87
Proposal for a regulation
Article 81 c (new)
Text proposed by the Commission
Amendment
(2) In Article 8, the following paragraph 3 is inserted:
‘3. By way of derogation from paragraphs 1 and 2, the protection conferred by a patent on a biological material possessing specific characteristics as a result of the invention shall not extend to biological material possessing those same characteristics that is obtained independently of the patented biological material and from essentially biological processes, or to biological material obtained from such material through propagation or multiplication.’
Or. fr
Amendment 88
Proposal for a regulation
Article 81 d (new)
Article 81d
Present text
Article 12(3) is amended as follows:
‘3. Applicants for the licences referred to in paragraphs 1 and 2 must demonstrate that:
‘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;
(a) they have applied unsuccessfully to the holder of the patent or of the plant variety right to obtain a contractual licence subject to payment of an appropriate royalty;
(b) the plant variety or the invention constitutes significant technical progress of considerable economic interest compared with the invention claimed in the patent or the protected plant variety.’
(b) the plant variety or the invention constitutes technical progress of proven economic or environmental interest compared with the invention claimed in the patent or the protected plant variety.’
Or. fr
ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
List of entities or persons from whom the rapporteur has received input
IFOAM
Copa-Cogeca
Via Campesina
Limagrain
Arche Noah
INRAE
Brot für die Welt
SEMAE
Euroseeds
CropLife Europe
ARCHE NOAH, Gesellschaft für die Erhaltung der Kulturpflanzenvielfalt und ihre Entwicklung
Copa & Cogeca