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DRAFT 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)

AGRI-PR-756010

Committee on Agriculture and Rural Development · Rapporteur: Herbert Dorfmann

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The rapporteur's draft report sets out Parliament's amendments to the proposed regulation on the production and marketing of plant reproductive material (PRM) in the Union, which would replace ten existing directives with a single regulation. The amendments narrow the scope to marketing and imports, exclude ornamental and forestry material used only for those purposes, and clarify definitions such as clone, variety maintenance, final user and heterogeneous material. They give competent authorities more flexibility on audit timing and lot merging, require records and traceability, and allow mixtures with species not listed in Annex I. They exclude fodder plants from heterogeneous material, broaden the farmer exchange derogation, and empower the Commission to set maximum exchange quantities by delegated act. They exempt turf grasses from value for sustainable cultivation and use testing, add sustainability and heritage characteristics, extend conservation variety registration to 30 years, and require disclosure of breeding techniques and patents.

Committee position. The rapporteur broadly agrees with the Commission proposal and proposes technical adjustments: broadening production requirements to imports, excluding ornamental and forestry material, clarifying definitions, allowing lot merging, extending audit intervals, excluding fodder plants from heterogeneous material, broadening farmer exchange, exempting turf grasses from testing, and requiring disclosure of breeding techniques and patents.

Key points

  1. The regulation would also cover cultivation conditions of varieties with undesirable agronomic effects, but only for food, feed and other products, not beyond PRM production and marketing.
  2. Production requirements would apply to PRM produced for marketing or import within the Union.
  3. Propagating material of ornamental plants and forest reproductive material used exclusively for those purposes would be excluded from the regulation.
  4. PRM produced for export outside commercial activities and for private use linked to conservation and biodiversity goals would be excluded.
  5. Marketing would be defined as commercial actions by a professional operator, and clone would cover both vegetative progeny of a single plant and genetically uniform vegetative progeny.
  6. Variety maintenance would ensure a variety remains unchanged in the expression of the characteristics in its description, and open pollinated out-crossing species would be excluded from heterogeneous material.
  7. Competent authorities would conduct regular audits at least once every 18 months, and lots of PRM could be merged if they belong to the same variety.
  8. The competent authority and professional operator would keep records of authorisation, buy, load and transport, and of quality, identification and traceability of PRM.
  9. Mixtures of certified or standard seed could include species not listed in Annex I, Parts A and B, and preservation mixtures would use 'region of origin' instead of 'source area'.
  10. Heterogeneous material could be produced and marketed without belonging to a variety, except fodder plants, and farmers could exchange PRM in limited quantities without commercial intermediaries.
  11. The Commission would be empowered to adopt delegated acts to set maximum exchange quantities per species and to authorise temporary marketing of pre-basic, basic or certified material for up to 1 year.
  12. Turf grasses would be exempt from value for sustainable cultivation and use testing, and conservation varieties and fruit and vine varieties would have 30-year registration.

Who is affected

  • Professional operators producing or marketing PRM, who would face new rules on records, traceability and lot merging.
  • Farmers, who could exchange PRM in limited quantities without commercial intermediaries.
  • Competent authorities, which would conduct audits at least every 18 months and keep records.
  • Conservation varieties and fruit and vine varieties, which would have 30-year registration.
  • Turf grass growers, who would be exempt from value for sustainable cultivation and use testing.

Figures and deadlines

  • At least once every 18 months for audits by competent authorities.
  • Maximum period of 1 year for member states to allow marketing of certain PRM categories.
  • 30 years for registration of conservation varieties and fruit and vine varieties.
  • 5 years from entry into force for the delegation of power to the Commission.
  • 60 months from entry into force for Article 52 to apply to species in Parts B and C of Annex I.

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