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)
ENVI-AD-757169
Committee on the Environment, Public Health and Food Safety · Rapporteur: Christophe Clergeau
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The Committee on the Environment, Public Health and Food Safety gives its opinion on the proposed regulation on the production and marketing of plant reproductive material (PRM), which replaces 10 Directives with one framework.¶ It proposes amendments to protect farmers' rights to use and exchange their own PRM, to widen derogations for conservation, heterogeneous material and gene banks, and to exclude genetically modified organisms and new genomic technique (NGT) plants from those derogations.¶¶¶ It wants the value for sustainable cultivation and use (VSCU) test to be carried out in different production systems, to be voluntary for fruits and vegetables, and not to exclude varieties if that reduces biodiversity.¶¶¶ It asks that PRM obtained from NGT be non-patentable, that compulsory licensing be widened, and that registers disclose intellectual property rights and breeding techniques.¶¶¶
Committee position. The committee proposes amendments to the Commission proposal to strengthen farmers' rights to use and exchange PRM, widen derogations for conservation and heterogeneous material, exclude GMOs and NGT plants from derogations, make VSCU testing more flexible, and prevent patenting of NGT plants.¶¶¶
Key points
- The proposal should ensure the adaptability and diversity of PRM to changing conditions, protect biodiversity and meet farmers' and consumers' expectations on quality, resilience and sustainability.¶
- The regulation should pursue a 'One Health Approach' balancing the health of people, animals, plants and ecosystems.¶
- Heterogeneous material should not consist of a GMO or a category 1 or category 2 NGT plant.¶
- Sustainability cannot be reduced to a single trait or variety but applies to a cultivated system as a whole; new varieties should show improvement over registered varieties of the same species.¶
- The rules on production should apply only to production for marketing as PRM in the EU, and farmers producing PRM for their own use should be excluded from the scope.¶¶
- Derogations should cover PRM sold or transferred for official testing, breeding, inspections, exhibitions or scientific purposes, including on-farm research and dynamic conservation activities.¶
- Conservation varieties may be produced and marketed as standard seed or material if they meet the requirements for standard seed and material for the species.¶
- A conservation variety, its parts and genetic components may not be covered by an intellectual property right limiting their use for conservation, research, breeding or training.¶
- Heterogeneous material may be marketed if the competent authority does not request further information within three months of notification, and registration in the heterogeneous material register should be free of charge.¶¶
- PRM may be marketed by, to, within or between organisations and networks dedicated to the dynamic conservation and sustainable use of plant genetic resources, including farmers, for non-profit purposes.¶¶
- Farmers may exchange PRM in kind or for monetary compensation covering direct costs, limited to small quantities meeting their own needs, without commercial intermediaries or public offer of marketing.¶¶
- The VSCU examination should be tested in different agricultural production systems, remain voluntary for species in Parts B and C of Annex I, and must not exclude varieties that would reduce cultivated diversity.¶¶¶
Who is affected
- Farmers, who may use, exchange and sell their own PRM under derogations.¶¶¶
- Gene banks, community seed banks and conservation organisations, which may transfer PRM for dynamic conservation.¶¶
- Professional operators and breeders, who face rules on variety registration, VSCU testing and intellectual property disclosure.¶¶¶
- Small and medium-sized seed producers, for whom VSCU testing should be optional for fruits and vegetables.
- Competent authorities, which must register varieties, monitor cultivation conditions and report on testing.¶¶¶
Figures and deadlines
- 10 separate Directives are replaced by the single regulation.¶
- Three months is the period after notification within which the competent authority may request further information on heterogeneous material.¶
- 30 years is the period of registration for conservation varieties and varieties of fruit plants and vine propagating material.¶