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REPORT (COM(2023)0414 – C90236/2023 – 2023/0227(COD))

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)

A-9-2024-0149

Committee on Agriculture and Rural Development · Rapporteur: Herbert Dorfmann

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Parliament's amended version of the Commission proposal for a regulation on the production and marketing of plant reproductive material (PRM) in the Union. It sets rules for producing and marketing PRM, including categories, certification, labelling, imports and variety registration. It adds derogations for conservation varieties, heterogeneous material, exchanges between farmers, and marketing by conservation organisations and networks. It also sets rules for selected clones and polyclonal PRM. It requires new varieties to show a satisfactory value for sustainable cultivation and use, and allows cultivation conditions for herbicide-tolerant varieties and varieties with undesirable agronomic effects. It empowers the Commission to adopt delegated acts on many subjects, including maximum quantities for farmer exchanges, temporary experiments, and cultivation conditions.

Committee position. The Committee on Agriculture and Rural Development proposes to adopt Parliament's position at first reading with amendments to the Commission proposal. It broadly supports the proposal but suggests changes on scope, derogations, audits, heterogeneous material, conservation varieties, and value for sustainable cultivation and use.

Key points

  1. The regulation lays down rules for the production and marketing of PRM in the Union, including requirements for production, categories, identity, quality, certification, labelling, packaging, imports, professional operators and variety registration.
  2. It also lays down rules on the cultivation of varieties that are tolerant to herbicides or could have undesirable agronomic effects, including cultivation for food, feed and other products.
  3. PRM produced by farmers for their own use, and PRM sold or transferred for official testing, breeding, inspections, exhibitions or scientific purposes, including on-farm research and gene bank activities, are excluded from the regulation.
  4. Conservation varieties may be produced and marketed as standard seed or material if they comply with the requirements for standard seed and material.
  5. Heterogeneous material may be produced and marketed without belonging to a variety, except for fodder plants, and must be notified and registered; it must not consist of a GMO or a category 1 or 2 NGT plant.
  6. Farmers may exchange PRM in kind or for monetary compensation if it comes from their own premises and crops, is not subject to a service contract, is used for dynamic management, is limited in quantity, and is practically free from quality pests.
  7. The Commission is empowered to set, for each species, the maximum quantity of PRM that may be exchanged between farmers.
  8. PRM may be marketed to, by, between and within conservation organisations and networks dedicated to dynamic conservation for non-profit purposes, and to final consumers or for farming purposes.
  9. Selected clones and polyclonal PRM may only be produced and marketed if registered in an official register; polyclonal PRM must comply with standard material requirements and be labelled 'Polyclonal material'.
  10. New varieties must show a satisfactory value for sustainable cultivation and use, assessed on characteristics such as yield, tolerance to stresses, resource use, and quality; this examination is voluntary for species in Parts B and C of Annex I.
  11. Herbicide-tolerant varieties and varieties with particular characteristics that may lead to undesirable agronomic effects are subject to cultivation conditions adopted by competent authorities to avoid those effects.
  12. The Commission is empowered to adopt delegated acts on many matters, including amending Annex I, setting maximum quantities for farmer exchanges, and organising temporary experiments.

Who is affected

  • Professional operators producing or marketing PRM must comply with production, certification, labelling and record-keeping rules.
  • Farmers may exchange small quantities of PRM under derogations and are exempt from certain obligations.
  • Conservation organisations, networks and gene banks may market PRM for dynamic conservation under derogations.
  • Member States' competent authorities register varieties, authorise operators, and enforce cultivation conditions.
  • Micro-enterprises are exempt from certain record-keeping requirements.

Figures and deadlines

  • Registration of a variety lasts 10 years, or 30 years for fruit plants, vine and conservation varieties.
  • Audits under official supervision must be conducted at least once every 18 months.
  • Small packages: up to 30 kg for cereals and seed potatoes; 10 kg for fodder plants, beet, oil and fibre plants; 5 kg for legumes; 500 g for certain vegetables; 100 g for other vegetables; 100 individuals for fruit and vine cuttings.
  • Heterogeneous material may be marketed if no further information is requested within three months.
  • Authorisation to produce and market PRM of a variety not yet registered may be granted for a maximum of 3 years for seeds and 5 years for other PRM.
  • Emergency authorisation for marketing PRM due to supply difficulties may last a maximum of 1 year.
  • The maximum content of Rumex spp. in preservation mixtures shall not exceed 0.05% by weight.
  • The maximum content of non-compliant species in multiplied preservation mixtures shall not exceed 1% by weight.

Legal basis: Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union.