92 Amendments of María Auxiliadora CORREA ZAMORA related to 2013/0137(COD)
Amendment 170 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) intended solely for, and maintained by, not-for-profit gene banks, organisations and networks of conservation of genetic resources, or persons belonging to those organisations or networks;
Amendment 182 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) exchanged in kind in small quantities between persons other than professional operators.
Amendment 209 #
Proposal for a regulation
Article 3 – point 1
Article 3 – point 1
(1) ‘plants’ means plants as defined in Article 2(1) of Regulation (EU) No …/… (Office of Publications, please insert number of Regulation on protective measures against pests of plants) on protective measures against pests of plantsa complete botanical individual;
Amendment 213 #
Proposal for a regulation
Article 3 – point 2
Article 3 – point 2
(2) ‘plant reproductive materials’ means plant(s) capable of, and intended for, producing entireseeds, parts of plants, and any plant material intended for the propagation and production of plants;
Amendment 217 #
Proposal for a regulation
Article 3 – point 3
Article 3 – point 3
(3) ‘mother plant’ means an identified plant from which plant reproductive material is taken for reproduction of new plants;Does not affect the English version.)
Amendment 243 #
Proposal for a regulation
Article 3 – point 6 – point a
Article 3 – point 6 – point a
(a) producing, excluding assisting farmer- breeders;
Amendment 253 #
Proposal for a regulation
Article 3 – point 6 – point e
Article 3 – point 6 – point e
(e) preserving, including storing; and;
Amendment 272 #
Proposal for a regulation
Article 5
Article 5
Professional operators 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 Regulationan official register of reproductive material operators. Member States may combine that register on their territory with other existing registers of operators in accordance with Regulation (EU) No .../... The above obligation shall not apply to retailers.
Amendment 280 #
Proposal for a regulation
Article 6
Article 6
Professional operators shall ensurguarantee that plant reproductive material produced and made available on the market under their control fulfils the requirements of this Regulation.
Amendment 334 #
Proposal for a regulation
Article 10 – point 6
Article 10 – point 6
(6) ‘pre-basic material’ means plant reproductive material which is at the first step of production and is intended for the production of other categories of plant reproductive material, and meets the requirements for this category;
Amendment 337 #
Proposal for a regulation
Article 10 – point 7
Article 10 – point 7
(7) ‘basic material’ means plant reproductive material which has been produced from pre-basic material, and is intended for the production of certified material, and meets the requirements for this category;
Amendment 340 #
Proposal for a regulation
Article 10 – point 8
Article 10 – point 8
(8) ‘certified material’ means plant reproductive material which has been produced from pre-basic or basic material, from other certified material, or, where applicable, from material from a generation prior to that of the basic material, and which meets the requirements for this category;
Amendment 341 #
Proposal for a regulation
Article 10 – point 9
Article 10 – point 9
(9) ‘standard material’ means plant reproductive material other than pre-basic, basic or certified materialwhich is sufficiently identifiable as belonging to a variety and correspondingly pure, meets the requirements of this Regulation, and is subject to an official ex post sample check;
Amendment 344 #
Proposal for a regulation
Article 10 – point 9 a (new)
Article 10 – point 9 a (new)
(9a) ‘commercial material’ means plant reproductive material which is identifiable solely as belonging to a species and meets the requirements of this Regulation;
Amendment 346 #
Proposal for a regulation
Article 10 – point 10
Article 10 – point 10
(10) ‘category’ means pre-basic material, basic material, certified material or standard materialeach of the classes for plant materials laid down in this Regulation.
Amendment 367 #
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
Amendment 386 #
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) to the purpose of ensuring food and feed security; andsecurity in terms of the health status of the plant material and the risk of spreading diseases;
Amendment 397 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, listing the genera or species whose plant reproductive material may not be placed on the market as standard material, as referred to in paragraph 2, shall be listed in Annex Ia. The Commission shall submit a legislative proposal under the ordinary legislative procedure to adapt, amend, update, or include the species in Annex Ia.
Amendment 402 #
Proposal for a regulation
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) it belongs to a variety provided with an official or an officially recognised description;
Amendment 429 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. By way of derogation to paragraph 1 of this Article, rootstocks may be produced and made available on the market without belonging to a variety registered in a national variety register or in the Union variety register reference to the species or hybrid concerned where they do not conform to any variety.
Amendment 446 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point d
Article 14 – paragraph 3 – subparagraph 2 – point d
Amendment 463 #
Proposal for a regulation
Article 15
Article 15
Amendment 482 #
Proposal for a regulation
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. Those delegated acts shall take into account the relevant international technical and scientific standard recommendations, including the following:
Amendment 494 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Official labels shall certify that pre- basic, basic or certified material complieshas been produced in accordance with the relevant production and quality requirements as referred to in Article 16.
Amendment 498 #
Proposal for a regulation
Article 19 – paragraph 5 a (new)
Article 19 – paragraph 5 a (new)
5a. Standard materials shall be subjected to subsequent random, risk-based official checks.
Amendment 502 #
Proposal for a regulation
Article 20 – paragraph 3 – introductory part
Article 20 – paragraph 3 – introductory part
3. Those delegated acts shall take into account the applicable international technical and scientific standard recommendations such as, including the following:
Amendment 506 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The official label and the operator’s label shall be written in one of the official Union languages. They shall be legible, indelible, printed on one side, not previously been used and easily visible. The order in which the entries are printed shall always be the same, as indicated by the European Commission.
Amendment 508 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The official label shall have a distinct colour per category of plant reproductive material. The colours shall be those laid down in Part C of Annex III.
Amendment 512 #
Proposal for a regulation
Article 21 – paragraph 5 – point g a (new)
Article 21 – paragraph 5 – point g a (new)
(ga) the order in which the information is printed on the label and its possible codification.
Amendment 515 #
Proposal for a regulation
Article 22 – introductory part
Article 22 – introductory part
Amendment 520 #
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
Amendment 528 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. For the purposes of the official supervision referred to in point (a) of Article 22, competent authorities shall, at least once per year, conduct audits to ensure that the professional operator fulfils the requirements referred to in Article 23. The number of audits shall be determined by the likelihood of these requirements not being fulfilled.
Amendment 530 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. In addition to the inspection, sampling and testing referred to in paragraph 2, the competent authorities may carry out further field inspections, sampling or testing, if requested so by the professional operatorthese are deemed necessary.
Amendment 539 #
Proposal for a regulation
Article 27
Article 27
Professional operators shall inform the competent authorities in due time about their intention to produce pre-basic, basic and certified material plant reproductive material, and to carry out the certification referred to in Article 19(1). That notification shall state the plant species, origin of the material, location of the production plots, varieties and categories concerned.
Amendment 550 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Post certification tests shall be carried out through samples taken by the competent authority. They shall assess the identity and purity of the plant reproductive material concerned, or under its official supervision.
Amendment 580 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. By way of derogation from Article 14(1), competent authorities may authorise professional operators, for a specified period of time, to make availablesuch as a maximum onf the market for tests and trials, on fwo years for agricultural and horticultural species and five yearms for other production premises,woody species, to make available on the market maximum quantities of plant reproductive material belonging to a variety not registered in a national variety register pursuant to Article 79 or the Union variety register pursuant to Article 94(1).
Amendment 602 #
Proposal for a regulation
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
(a) the varieties concerned are local and of lesser interest, and 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;.
Amendment 642 #
Proposal for a regulation
Article 36 – paragraph 3 – point b a (new)
Article 36 – paragraph 3 – point b a (new)
(ba) the maximum quantities per species and per operator to be placed on the market each year.
Amendment 669 #
Proposal for a regulation
Article 40 – paragraph 1 – subparagraph 1
Article 40 – paragraph 1 – subparagraph 1
1. The Commission may authorise Member States, by means of implementing acts, to adopt more stringent production and quality requirements than those referred to in Article 16(2), or more stringent certification rules than those referred to in Article 20(1), or the national species regulations referred to in Title III.
Amendment 686 #
Proposal for a regulation
Article 45 – paragraph 2 – point a
Article 45 – paragraph 2 – point a
(a) in the case of pre-basic, basic or certified material in accordance with the requirements of Annex 1, on an official document or on an additional official label;,
Amendment 697 #
Proposal for a regulation
Article 48 – paragraph 1 – point c
Article 48 – paragraph 1 – point c
(c) in the case of seeds, it shall have satisfactory germination and specific purity, as appropriate for other genera and related species concerned included in Annex I, to allow an appropriate number of plants per area after sowing, and to ensure the maximum yield and quality of the production;
Amendment 703 #
Proposal for a regulation
Article 48 – paragraph 2 – introductory part
Article 48 – paragraph 2 – introductory part
2. Compliance with the requirements of points (a), (b), (c), (d) and (e) of paragraph 1 shall be assessed in light of the applicable international standard recommendations, including the following:
Amendment 721 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Each Member State shall establish, publish and update a single national register of varieties and clones (hereinafter 'national variety register').
Amendment 726 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point a
Article 52 – paragraph 1 – subparagraph 2 – point a
(a) varieties and clones directly registered in the Union variety register in accordance with Chapter V; and
Amendment 728 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point b
Article 52 – paragraph 1 – subparagraph 2 – point b
(b) varieties and clones registered in national variety registers in accordance with Chapter IV, as notified by the Member States to the Agency in accordance with Chapter VI.
Amendment 751 #
Proposal for a regulation
Article 54
Article 54
Amendment 764 #
Proposal for a regulation
Article 55 – introductory part
Article 55 – introductory part
In the case of a variety or clone, notified by a Member State to the Agency in accordance with Chapter VI, the Union variety register shall include, in addition to the data required pursuant to Articles 53 and 54:
Amendment 765 #
Proposal for a regulation
Article 55 – point b
Article 55 – point b
(b) the reference under which the variety or clone has been registered in the national variety register(s).
Amendment 802 #
Proposal for a regulation
Article 57 – paragraph 1 – point b a (new)
Article 57 – paragraph 1 – point b a (new)
(ba) It shall be mandatory to provide a sample of the variety for the purpose of official checks and complaints.
Amendment 865 #
Proposal for a regulation
Article 63
Article 63
If a variety has been granted a plant variety right pursuant to Article 62 of Regulation (EC) No 2100/1994, or pursuant to the legislation of a Member State, that variety shall be deemed to be distinct, uniform and stable, for the purpose of the official description as referred to in point (a) of Article 56(2) and (3) and to have a suitable denomination for the purposes of point (a) of Article 56(1).
Amendment 894 #
Proposal for a regulation
Article 65
Article 65
Amendment 921 #
Proposal for a regulation
Article 69 – paragraph 1 – point a
Article 69 – paragraph 1 – point a
(a) the content requirements laid down in Article 67; andy
Amendment 929 #
Proposal for a regulation
Article 70
Article 70
The date of application for registration shall be the date on which an application complying with the contentis entered in the register of the competent authority for the purposes of verifying its compliance with the requirements laid down in Article 67 and the format adopted pursuant to Article 68 was submitted to the competent authority.
Amendment 952 #
Proposal for a regulation
Article 73 – paragraph 1
Article 73 – paragraph 1
1. The applicant may carry out the technical examination referred to in Article 71(1), or part of it, only if it has been authorised thereto by the competent authority or by the Agency if the competent authority has not been audited by the Agency for the species concerned in accordance with Article 72. Technical examination by the applicant shall be carried out in particular premises, which are dedicated to this purpose.
Amendment 955 #
Proposal for a regulation
Article 73 – paragraph 2 – introductory part
Article 73 – paragraph 2 – introductory part
2. Prior to granting the authorisation to carry out the technical examination, the competent authority, or where applicable the Agency, shall audit the premises and the organisation of the applicant. That audit shall verify whether the premises and organisation are suitable for carrying out the technical examination as regards:
Amendment 961 #
Proposal for a regulation
Article 73 – paragraph 4
Article 73 – paragraph 4
4. On the basis of the audit referred to in paragraph 1, the competent authority, or where applicable the Agency, may recommend to the applicant, if appropriate, actions to ensure the suitability of the applicant’s premises and organisation.
Amendment 964 #
Proposal for a regulation
Article 73 – paragraph 5 – subparagraph 1
Article 73 – paragraph 5 – subparagraph 1
Further to the authorisation and audit referred to in paragraph 1, the competent authority, or where applicable the Agency, may carry out additional audits and, where applicable, recommend to the applicant, within a specific period of time, corrective actions concerning the applicant’s premises and the organisation.
Amendment 968 #
Proposal for a regulation
Article 73 – paragraph 5 – subparagraph 2
Article 73 – paragraph 5 – subparagraph 2
In case the competent authority or the Agency concludes that the applicant’s premises and organisation are not suitable, it may revoke or modify the authorisation referred to in paragraph 1.
Amendment 990 #
Proposal for a regulation
Article 80 – title
Article 80 – title
Already registered varieties and clones
Amendment 992 #
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
1. By way of derogation from Articles 66 to 79, the competent authorities shall register in their national variety registers all varieties officially accepted or registered, before the entry into force of this Regulation, in the catalogues, lists or registers established by their Member States pursuant to Article 3 of Directive 2002/53/EC, Article 3(2) of Directive 2002/55/EC, Article 7(4) of Directive 2008/90/EC and Article 5 of Directive 68/193/EEC and all clones registered pursuant to Article 5 of Directive 68/193/EEC, Article 7(4) of Directive 2008/90/EC, Chapter II of Directive 2008/62/EC and Section I of Chapter II and Section I of Chapter III of Directive 2009/145/EC.
Amendment 1043 #
Proposal for a regulation
Article 89 – paragraph 3
Article 89 – paragraph 3
Amendment 1046 #
Proposal for a regulation
Article 90
Article 90
Amendment 1049 #
Proposal for a regulation
Article 91
Article 91
Amendment 1050 #
Proposal for a regulation
Article 92
Article 92
Amendment 1055 #
Proposal for a regulation
Article 93 – title
Article 93 – title
Relevant varieties and clones
Amendment 1058 #
Proposal for a regulation
Article 93
Article 93
This Chapter shall apply to varieties and clones not registered in any national variety register pursuant to Article 79.
Amendment 1059 #
Proposal for a regulation
Article 94 – paragraph 1 – introductory part
Article 94 – paragraph 1 – introductory part
1. For the registration of a variety or clone in the Union variety register, Chapter IV shall apply with the necessary modifications, excluding the following provisions:
Amendment 1063 #
Proposal for a regulation
Article 94 – paragraph 2
Article 94 – paragraph 2
2. For the examination of denominations, for variety and clone maintenance and for exemptions from the payment of registration fees, Articles 95, 96 and 97 shall apply instead of the provisions referred to in paragraph 1(a), (b) and (d).
Amendment 1066 #
Proposal for a regulation
Article 94 – paragraph 3 – introductory part
Article 94 – paragraph 3 – introductory part
3. When applying Chapter IV for the registration of a variety or clone in the Union variety register, references shall be construed as follows:
Amendment 1067 #
Proposal for a regulation
Article 96 – title
Article 96 – title
Amendment 1070 #
Proposal for a regulation
Article 96 – paragraph 1
Article 96 – paragraph 1
1. Varieties and clones registered in the Union variety register shall be maintained by the applicant, or by any other person acting in mutual agreement with the applicant. The other person shall be notified to the Agency.
Amendment 1075 #
Proposal for a regulation
Article 96 – paragraph 3
Article 96 – paragraph 3
3. The persons referred to in paragraph 1 shall keep records concerning the maintenance of the variety or the clone. It shall at all times be possible for the Agency to check the maintenance of the variety or the clone from those records. Those records shall also cover the production of pre-basic, basic, certified and standard material, and stages of production prior to pre-basic material.
Amendment 1077 #
Proposal for a regulation
Article 96 – paragraph 4
Article 96 – paragraph 4
4. The Agency shall check the way the maintenance is carried out and may, to this purpose, take samples of the varieties and the clones.
Amendment 1079 #
Proposal for a regulation
Article 96 – paragraph 5
Article 96 – paragraph 5
5. The competent authorities of the Member State where the maintenance of the variety or the clone concerned takes place, shall assist the Agency as regards controls on maintenance.
Amendment 1102 #
Proposal for a regulation
Article 106 – paragraph 1 – point k
Article 106 – paragraph 1 – point k
(k) "provenance" means the place in which any seed source or stand is growing;
Amendment 1104 #
Proposal for a regulation
Article 106 – paragraph 1 – point q
Article 106 – paragraph 1 – point q
(q) "tested": means derived from basic forest material consisting of stands, seed orchards, parents of families, clones or clonal mixtures of superior quality, which must have been demonstrated by comparative testing or estimated from the genetic evaluation of the components of the basic forest material;
Amendment 1106 #
Proposal for a regulation
Article 106 – paragraph 1 – point r – introductory part
Article 106 – paragraph 1 – point r – introductory part
(r) "planting stocks" means one of the following:
Amendment 1108 #
Proposal for a regulation
Article 106 – paragraph 1 – point u
Article 106 – paragraph 1 – point u
(u) "areagion/zone of utilisation": means the area where the forest reproductive material is used for a specified purpose.
Amendment 1110 #
Proposal for a regulation
Article 110 – paragraph 1
Article 110 – paragraph 1
1. The Member States shall for species in Annex IX demarcate the regions of provenance of basic forest material consisting of stands or seed sources and intended for the production of forest reproductive material under the ‘source- identified’ and ‘selected’ categories.
Amendment 1112 #
Proposal for a regulation
Article 112 – paragraph 2
Article 112 – paragraph 2
2. Each Member State shall establish, publish and update a summary of the national register in the form of a national list or catalogue.
Amendment 1113 #
Proposal for a regulation
Article 112 – paragraph 4 – point b
Article 112 – paragraph 4 – point b
(b) category for the production of which the basic forest material is intendedof forest reproductive material;
Amendment 1115 #
Proposal for a regulation
Article 112 – paragraph 4 – point f – point i
Article 112 – paragraph 4 – point f – point i
(i) for basic forest material intended for production of the ‘source-identified’ category, region of provenance and geographical position defined by latitude and longitude or the latitudinal and longitudinal range;
Amendment 1117 #
Proposal for a regulation
Article 112 – paragraph 4 – point h
Article 112 – paragraph 4 – point h
(h) area: the sizeextent of a seed source(s), stand(s) or seed orchard(s);
Amendment 1120 #
Proposal for a regulation
Article 117 – paragraph 4
Article 117 – paragraph 4
4. Forest reproductive material belonging to the species and artificial hybrids listed in Annex IX which propagate vegetatively may only be made available on the market under the ‘selected’ category if it has been mass propagated from seeds.
Amendment 1122 #
Proposal for a regulation
Article 123 – paragraph 2 – point d
Article 123 – paragraph 2 – point d
(d) the purpose (specific objective for which the basic material was selected);
Amendment 1124 #
Proposal for a regulation
Article 123 – paragraph 2 – point j
Article 123 – paragraph 2 – point j
(j) the type of planting stock (whether undercuts, transplantsbare-root or containerised);
Amendment 1126 #
Proposal for a regulation
Article 124 – paragraph 1 – point a
Article 124 – paragraph 1 – point a
Amendment 1128 #
Proposal for a regulation
Article 124 – paragraph 2 – point b
Article 124 – paragraph 2 – point b
(b) the germination ratpercentage of the pure seed, or, where germination ratpercentage is impossible or impractical to assess, the viability percentage assessed by reference to a specified method;
Amendment 1130 #
Proposal for a regulation
Article 131 – title
Article 131 – title
Exemption for small quantities of seed
Amendment 1136 #
Proposal for a regulation
Article 140 – paragraph 2
Article 140 – paragraph 2
2. The delegation of power referred to in Articles 11(3), 13(3), 14(3), 15(56(2), 16(24), 17(4), 18(4), 18(65), 20(2), 20(4), 21(5), 23(3), 24(4), 30(4), 32(1), 33(3), 34(6), 36(43), 38(46), 39(3), 44(1), 56(5), 56(6), 59(2), 64(4), 657(3), 672(2), 72(23(3), 74(1), 87(3), 107(4), 119, 124(4), 127, 131(2) andor 135(4) and 138(13) shall be conferred on the Commission for an indeterminate period of time from the date of the entry into force of this Regulation period of five years from the date of the entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of identical duration unless the European Parliament or the Council opposes such an extension not later than 3 months before the end of each period.
Amendment 1140 #
Proposal for a regulation
Article 140 – paragraph 5
Article 140 – paragraph 5
5. A delegated act adopted pursuant to Articles 11(3), 13(3), 14(3), 15(56(2), 16(24), 17(4), 18(4), 18(65), 20(2), 20(4), 21(5), 23(3), 24(4), 30(4), 32(1), 33(3), 34(6), 36(43), 38(46), 39(3), 44(1), 56(5), 56(6), 59(2), 64(4), 657(3), 672(2), 72(23(3), 74(1), 87(3), 107(4), 119, 124(4), 127, 131(2), or 135(4) and 138(13) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 1395 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)