103 Amendments of Ewald STADLER related to 2013/0137(COD)
Amendment 181 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) exchanged in kind between persons other than professional operators, or natural persons acting as professional operators engaged in activities outside the scope of their profession or employment.
Amendment 245 #
Proposal for a regulation
Article 3 – point 6 – point b
Article 3 – point 6 – point b
Amendment 269 #
Proposal for a regulation
Article 4
Article 4
Plant reproductive material shall be subject to no restrictions concerning its production and making available on the market, other than those laid down in this Regulation, in Directive 94/62/EC, Regulation (EC) No 338/97, Directive 2001/18/EC, Regulation (EC) No 1829/2003, Regulation (EC) No 1830/2003, Regulation (EU) on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union and Regulation (EU) No …/… [Office of Publication, please insert number of Regulation on protective measures against pests of plants] and in Union legislation restricting the production or making available on the market of invasive alien species.
Amendment 273 #
Proposal for a regulation
Article 5
Article 5
Professional operators, with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account directly with other farmers or with end users and operators whose annual turnover or annual balance sheet total does not exceed EUR 2 million, shall be registered in the registers referred to in Article 61 of Regulation (EC) No …/… (Office of Publication, please insert number of Regulation on protective measures against pests of plants) in accordance with the provisions of Article 62 of that Regulation.
Amendment 299 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
For the purpose of paragraph 1, professional operators, with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account and operators whose annual turnover or annual balance sheet total does not exceed EUR 2 million, shall keep information allowing them to identify the professional operators, which have supplied them with plant reproductive material, and the material concerned.
Amendment 309 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
In the case of plant reproductive material, other than forest reproductive material, professional operators with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account, and operators whose annual turnover or annual balance sheet total does not exceed EUR 2 million, shall keep records of the plant reproductive material referred to in paragraphs 2 and 3 for three years after that material has been respectively supplied to or by them.
Amendment 326 #
Proposal for a regulation
Article 10 – point 3
Article 10 – point 3
(3) ‘officially recognised description’ means a description of a variety, which has been recognised by a competent authority, includes the specific characteristics of the variety, makes it identifiable and has been obtained by means other than examination of the variety's distinctiveness, uniformity and stability pursuant to the rules applicable at the time of registration of that variety in accordance with Article 79;
Amendment 328 #
Proposal for a regulation
Article 10 – point 4
Article 10 – point 4
(4) ‘clone’ means an individual progeny, originally derived from another plant by artificial vegetative reproduction such as laboratory tissue culture, which remains genetically identical to the latter;
Amendment 383 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 394 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 400 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 405 #
Proposal for a regulation
Article 12 – paragraph 4 – point c
Article 12 – paragraph 4 – point c
Amendment 409 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 412 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) the registration requirements set out in Section 2Articles 14 and 15;
Amendment 415 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the production and quality requirements set out in Section 32 for the relevant category;
Amendment 417 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) the handling requirements set out in Section 43;
Amendment 418 #
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) the identification, and, where applicable, certification requirements set out in Section 54.
Amendment 436 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 456 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. Heterogeneous material shall be defined under one of the following categories: (a) "Population" means genetically diverse material of plant species bred through half diallel crossing of several (or at least xx) identified varieties, lines or other material. (b) "Compose cross populations" (CCPS') mean populations that are generated by intercrossing genetically diverse varieties , lines or other material, bulking the F1 or F2 progeny and then exposing the stock to natural selection in successive generations. Other dynamic populations may be generated by variations on the CCPs model which may include different crossing protocols, or the introduction plant or mass selection among the generations of natural selection. Populations may also be generated from a mixture of varieties mixed and additionally growing the mixture for at least one year.
Amendment 457 #
Proposal for a regulation
Article 14 – paragraph 3 b (new)
Article 14 – paragraph 3 b (new)
3b. Heterogenous material, when made available on the market, shall be accompanied by a label, containing the information set out in Part B to Annex III. The label shall include the notion "Heterogenous material". The label referred to in subparagraph 1 shall be produced by the professional operator and shall be clear and indelible. It shall be affixed on the outside of the package, the container or the bundle of heterogenous material. It shall be printed in at least one of the official languages of the Union. The professional operator shall indicate on the label referred to in paragraph 1 the species or group of species in such a way as to avoid confusion with any varietal denomination. The colour and form of the label shall be substantially distinct from the colour and the form of the official labels referred to in Article 19 paragraph 1. This article shall apply without prejudice to Article 49 paragraph 4 of Regulation (EC) 1107/2009 concerning the label and documents accompanying treated seeds in the meaning of that Regulation.
Amendment 458 #
Proposal for a regulation
Article 14 – paragraph 3 c (new)
Article 14 – paragraph 3 c (new)
3c. Heterogenous material may be made available on the market if a description of the plant reproductive material is available to the purchaser including: (a) the breeding methods and parantel material used; and when relevant (b) a description of the production scheme for the heterogeneous material; and (c) the availability of the standard samples. Registration of heterogeneous material: Heterogeneous material may be registered in a national catalogue pursuant the same rules concerning officially recognised description concerning: (a) registration procedure of articles 66 to 75 and 78 to 81; (b) registration period of articles 82 to 85; (c) registration fees of articles 88 and 89.
Amendment 468 #
Proposal for a regulation
Article 15
Article 15
Plant reproductive material belonging to a clone may be produced and made available on the market only if that clone is registered in a national variety register referred to in Article 51 or in the Union variety register referred to in Article 52.
Amendment 477 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission may, by means of implementing acts, adopt a list of genera and species which, after having collected scientific evidence proving that a species requires special considerations concerning its making available on the market, contains such species. Plant reproductive material shall be produced in accordance with the production requirements set out in Part A of Annex II and shall be made available on the market only if it fulfils the quality requirements set out in Part B of Annex II.
Amendment 483 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 488 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 489 #
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. The maximum size of lots shall ensure homogeneity of the plant reproductive material concerned; shall ensure the performance of the controls and shall not be higher than the quantity transportable in a single road vehicle. The identification of lots shall ensure the traceability of the plant reproductive material concerned.
Amendment 491 #
Proposal for a regulation
Article 18 – paragraph 5 a (new)
Article 18 – paragraph 5 a (new)
5 a. This article does not apply to plant reproductive material which is made available on the market with no more than one intermediary between the producer and the user and all professional operators concerned supply the same local or regional markets.
Amendment 545 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The official label and tshall be produced with reference to a lot. The operator's label shall be produced with reference to a lot only if the lot concerned is bigger than what is typically required to cultivate one hectare. They shall be affixed, where applicable, to individual plants or on the outside of packages, containers and bundles.
Amendment 554 #
Proposal for a regulation
Article 30 – paragraph 4 – point a
Article 30 – paragraph 4 – point a
Amendment 560 #
Proposal for a regulation
Article 32
Article 32
Amendment 578 #
Proposal for a regulation
Article 34
Article 34
Amendment 590 #
Proposal for a regulation
Article 35
Article 35
Amendment 612 #
Proposal for a regulation
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
(a) it is made available on the market in small quantities by persons other than professional operators, or by professional operators employing no more than ten persons and whose annual turnover or balance sheet total does not exceed EUR 2 million. This point shall not apply to professional operators only making available on the market plant reproductive material in retail;
Amendment 649 #
Proposal for a regulation
Article 36 – paragraph 3 a (new)
Article 36 – paragraph 3 a (new)
3a. The label may bear either the botanical name or the common name of the species, according to paragraphs (a) and (b) of Part A and Part B of Annex III.
Amendment 650 #
Proposal for a regulation
Article 37
Article 37
Amendment 656 #
Proposal for a regulation
Article 38
Article 38
Amendment 662 #
Proposal for a regulation
Article 39
Article 39
Amendment 682 #
Proposal for a regulation
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
1a. Import to the Union of plant reproductive material shall not be prohibited or restricted, except in one of the following cases: a) it is prohibited by an existing trade agreement; b) import is explicitly prohibited bu another legislative act of the Union; c) a demonstrable risk exists from plant disease, invasive species or other phytosanitary risk not already present and established in the Union; d) a demonstrable risk exists of consumer fraud; e) materials are being made available on the market at subsidized or at a price so low it constitutes dumping and the total commercial value exceeds 1 million Euros.
Amendment 685 #
Proposal for a regulation
Article 44 a (new)
Article 44 a (new)
Article 44a Import controls 1. Where there is an evidence at the boarder that imported plant reproductive material is likely to constitute a serious risk to human, animal and plant health or the environment, the provisions concerning quarantine pests as implemented in Regulation (EC) No .../... (Office of Publication, please insert number of Regulation on protective measures against pests of plants) shall apply. 2. The provisions of paragraph 1 shall apply without prejudice to Commission Regulation (EC) No 507/2008 of 6 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre (Codified version). 3. The importer of plant reproductive material shall provide a written legal declaration providing that the plant reproductive material does not infringe any right granted by Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights or Directive 98/44/EC of The European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions.
Amendment 700 #
Proposal for a regulation
Article 48 – paragraph 1 – point e a (new)
Article 48 – paragraph 1 – point e a (new)
(e a) It shall include an informed consent regarding plant reproductive material associated with patents as set out in article 13 paragraph 3.
Amendment 736 #
Proposal for a regulation
Article 53 – paragraph 1 – point c
Article 53 – paragraph 1 – point c
(c) where applicable, the name, and, where applicable, the reference number, of the applicant;
Amendment 738 #
Proposal for a regulation
Article 53 – paragraph 1 – point d
Article 53 – paragraph 1 – point d
(d) where applicable, the date of the registration of the variety and, where applicable, of the renewal of the registration;
Amendment 741 #
Proposal for a regulation
Article 53 – paragraph 1 – point e
Article 53 – paragraph 1 – point e
(e) where applicable, the date of the end of validity of registration;
Amendment 744 #
Proposal for a regulation
Article 53 – paragraph 1 – point g
Article 53 – paragraph 1 – point g
(g) where applicable, the name of the professional operator responsible for the maintenance of a variety;
Amendment 754 #
Proposal for a regulation
Article 54
Article 54
Amendment 755 #
Proposal for a regulation
Article 54 – point b
Article 54 – point b
(b) where applicable, the reference under which the variety, to which the clone belongs, is registered in the national variety register or Union variety register;
Amendment 756 #
Proposal for a regulation
Article 54 – point c
Article 54 – point c
(c) where applicable, the denomination of the variety to which the clone belongs and, for varieties made available on the market before the entry into force of this Regulation, where applicable its synonyms;
Amendment 757 #
Proposal for a regulation
Article 54 – point d
Article 54 – point d
(d) where applicable, the date of the registration of the clone and, where applicable, of the renewal of the registration;
Amendment 760 #
Proposal for a regulation
Article 54 – point e
Article 54 – point e
(e) where applicable, the end of validity of the registration;
Amendment 763 #
Proposal for a regulation
Article 54 – point g a (new)
Article 54 – point g a (new)
(g a) where applicable, the indication that the variety to which the clone belongs has been granted a plant variety right or is linked to a granted or pending patent application.
Amendment 872 #
Proposal for a regulation
Article 64 – paragraph 1 – point a
Article 64 – paragraph 1 – point a
Amendment 877 #
Proposal for a regulation
Article 64 – paragraph 1 – point c
Article 64 – paragraph 1 – point c
(c) it is identical to, or may be confused with, a variety denomination 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 under which material of another variety has been made available on the market in a Member State or in a Member of the International Union for the Protection of New Varieties of Plants, unless that other variety no longer remains in existence and its denomination has acquired no special significance;
Amendment 879 #
Proposal for a regulation
Article 64 – paragraph 1 – point d
Article 64 – paragraph 1 – point d
Amendment 883 #
Proposal for a regulation
Article 64 – paragraph 1 – point f
Article 64 – paragraph 1 – point f
Amendment 886 #
Proposal for a regulation
Article 64 – paragraph 3
Article 64 – paragraph 3
Amendment 903 #
Proposal for a regulation
Article 67 – paragraph 1 – point e
Article 67 – paragraph 1 – point e
(e) where applicable, the name and address of the person responsible for the maintenance of the variety, and, where applicable, the reference number of that person;
Amendment 906 #
Proposal for a regulation
Article 67 – paragraph 1 – point h
Article 67 – paragraph 1 – point h
(h) when known, the geographic origin of the variety;
Amendment 916 #
Proposal for a regulation
Article 68
Article 68
Amendment 945 #
Proposal for a regulation
Article 72
Article 72
Amendment 1020 #
Proposal for a regulation
Article 87 – paragraph 1 – point e
Article 87 – paragraph 1 – point e
Amendment 1048 #
Proposal for a regulation
Article 90 – paragraph 1 – point b
Article 90 – paragraph 1 – point b
Amendment 1051 #
Proposal for a regulation
Article 92 – paragraph 1 – point b
Article 92 – paragraph 1 – point b
(b) the identification of the varietyplant reproductive material to which the clone belongs;
Amendment 1053 #
Proposal for a regulation
Article 92 – paragraph 1 – point e
Article 92 – paragraph 1 – point e
(e) where applicable, the name and address of the person responsible for the maintenance of the clone, and, where applicable, the reference number of that person;
Amendment 1054 #
Proposal for a regulation
Article 92 – paragraph 1 – point g
Article 92 – paragraph 1 – point g
(g) when known, the geographic origin of the clone;
Amendment 1072 #
Proposal for a regulation
Article 96 – paragraph 1 a (new)
Article 96 – paragraph 1 a (new)
1a. Any other person may notify the competent authority with reference to a registered variety that it acts as an additional maintainer.
Amendment 1073 #
Proposal for a regulation
Article 96 – paragraph 2
Article 96 – paragraph 2
Amendment 1074 #
Proposal for a regulation
Article 96 – paragraph 3
Article 96 – paragraph 3
Amendment 1076 #
Proposal for a regulation
Article 96 – paragraph 4
Article 96 – paragraph 4
Amendment 1078 #
Proposal for a regulation
Article 96 – paragraph 5
Article 96 – paragraph 5
Amendment 1081 #
Proposal for a regulation
Article 96 – paragraph 6
Article 96 – paragraph 6
Amendment 1097 #
Proposal for a regulation
Part IV (articles 105 to 139)
Part IV (articles 105 to 139)
Amendment 1141 #
Proposal for a regulation
Article 142 – point 1
Article 142 – point 1
Regulation 2100/94
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
Amendment 1142 #
Proposal for a regulation
Article 142 – point 1
Article 142 – point 1
Regulation 2100/94
Article 4 – paragraph 2 – point f
Article 4 – paragraph 2 – point f
Amendment 1143 #
Proposal for a regulation
Article 142 – point 1
Article 142 – point 1
Regulation 2100/94
Article 4 – paragraph 2 – point i
Article 4 – paragraph 2 – point i
Amendment 1393 #
Proposal for a regulation
Annex I – item 191
Annex I – item 191
Amendment 1398 #
Proposal for a regulation
Annex II – Part A – point 1 – point b – introductory part
Annex II – Part A – point 1 – point b – introductory part
(b) where appropriate, the material shall be planted and /or sowed in a way that there is:
Amendment 1399 #
Proposal for a regulation
Annex II – Part A – point 1 – point c
Annex II – Part A – point 1 – point c
(c) where appropriate, appropriate attention shall be paid to the machines and any equipment used to ensure absence of weed or other species which are difficult to distinguish at seed level in laboratory tests;
Amendment 1403 #
Proposal for a regulation
Annex II – Part C – section B – point 1 – point a
Annex II – Part C – section B – point 1 – point a
(a) where appropriate, the sample to be drawn from a lot shall have the appropriate minimum weight for determining content of certain weeds, to ensure representative sampling and suitable size for the analysis of the material to assess whether the quality requirements have been fulfilled.
Amendment 1404 #
Proposal for a regulation
Annex II – Part D – point b
Annex II – Part D – point b
Amendment 1410 #
Proposal for a regulation
Annex III – Part A – point c
Annex III – Part A – point c
(c) where applicable, the two-letter code indicated in norm ISO 3166-1 alpha 222 for the Member State and, where appropriate, the name or acronym of the respective competent authority(ies) with which the professional operator is registered, with the exception of niche market material; __________________ 22 ISO 3166-1:2006, Codes for the representation of names of countries and their subdivisions – Part 1: Country codes. International Organization for Standardization, Geneva.
Amendment 1412 #
Proposal for a regulation
Annex III – Part A – point e
Annex III – Part A – point e
(e) where relevant, the lot number of the plant reproductive material concerned, and, where relevant, a reference to a unique traceability data carrier, such as bar code, hologram or chip;
Amendment 1415 #
Proposal for a regulation
Annex III – Part A – point h
Annex III – Part A – point h
(h) references to the country of production or countries in case of mixture, with the two letter code referred to in point (c), with the exception of niche market material;
Amendment 1416 #
Proposal for a regulation
Annex III – Part A – point i
Annex III – Part A – point i
(i) where applicable, references to declared number of seeds, rootstocks or other units of reproductive material, or, where applicable, the net or gross weight;
Amendment 1417 #
Proposal for a regulation
Annex III – Part A – point j
Annex III – Part A – point j
(j) where applicable, indications concerning category of plant reproductive material and, where appropriate, sub- divisions of categories;
Amendment 1419 #
Proposal for a regulation
Annex III – Part A – point k
Annex III – Part A – point k
(k) where relevant, references to month and year of labelling or references to month and year of last sampling;
Amendment 1425 #
Proposal for a regulation
Annex III – Part A – point n d (new)
Annex III – Part A – point n d (new)
(nd) the indication of all non-traditional breeding methods used for that plant reproductive material.
Amendment 1428 #
Proposal for a regulation
Annex III – Part B – point e
Annex III – Part B – point e
(e) where relevant, the reference number of the lot given by the operator;
Amendment 1429 #
Proposal for a regulation
Annex III – Part B – point f
Annex III – Part B – point f
(f) where applicable, declared number of seeds, rootstocks or other units of reproductive material, or, where applicable, the net or gross weight;
Amendment 1430 #
Proposal for a regulation
Annex III – Part B – point g
Annex III – Part B – point g
Amendment 1431 #
Proposal for a regulation
Annex III – Part B – point h
Annex III – Part B – point h
Amendment 1432 #
Proposal for a regulation
Annex III – Part B – point j
Annex III – Part B – point j
(j) the place of production, if different from the place indicated by (d);
Amendment 1439 #
Proposal for a regulation
Annex IV – Part B – point a
Annex IV – Part B – point a
Amendment 1440 #
Proposal for a regulation
Annex IV – Part B – point b
Annex IV – Part B – point b
Amendment 1441 #
Proposal for a regulation
Annex IV – Part B – point c
Annex IV – Part B – point c
(c) they are susceptible to the presence of undesirable substances which represent a major threat to human or animal health according to intended and traditional uses;
Amendment 1442 #
Proposal for a regulation
Annex IV – Part B – point d
Annex IV – Part B – point d
Amendment 1444 #
Proposal for a regulation
Annex V
Annex V
Amendment 1446 #
Proposal for a regulation
Annex VI
Annex VI
Amendment 1448 #
Proposal for a regulation
Annex VII
Annex VII
Amendment 1450 #
Proposal for a regulation
Annex VIII
Annex VIII
Amendment 1452 #
Proposal for a regulation
Annex IX
Annex IX
Amendment 1454 #
Proposal for a regulation
Annex X
Annex X
Amendment 1456 #
Proposal for a regulation
Annex XI
Annex XI
Amendment 1458 #
Proposal for a regulation
Annex XII
Annex XII