94 Amendments of Janusz WOJCIECHOWSKI related to 2013/0137(COD)
Amendment 99 #
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL On the production and making available on the market of plant reproductive material (plant reproductive material law) (Text with EEA relevance)
Amendment 163 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
Amendment 194 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) exchanged in kind betweenbetween persons other than professional operators, or between professional operators and persons other than professional operators.
Amendment 196 #
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.
Amendment 203 #
Proposal for a regulation
Article 2 – paragraph 1 – point d g (new)
Article 2 – paragraph 1 – point d g (new)
(dg) produced by farmers on their own farm, on their own behalf and on their own account.
Amendment 212 #
Proposal for a regulation
Article 3 – point 2
Article 3 – point 2
(2) ‘plant reproductive material’ means seed and other propagating material; 'seed' means seeds of plants intended for cultivation; 'other propagating material' means parts of plant(s) capable of, and intended for, producing entire plants;
Amendment 228 #
Proposal for a regulation
Article 3 – point 5
Article 3 – point 5
(5) ‘making available on the market’ means the holding for the purpose of sale within the Union, including offering for sale or for any other form of transfer, and the sale, distribution, import into, and export out of, the Union and other forms of transfer, by a professional operator aimed at commercial exploitation and whether free of charge or not;
Amendment 238 #
Proposal for a regulation
Article 3 – point 6 – introductory part
Article 3 – point 6 – introductory part
(6) ‘professional operator’ means any natural or legal person carrying out, as a profession, at least one of the following activities with regard to plant reproductive material aimed at commercial exploitation:
Amendment 240 #
Proposal for a regulation
Article 3 – point 6 – point a
Article 3 – point 6 – point a
Amendment 246 #
Proposal for a regulation
Article 3 – point 6 – point b
Article 3 – point 6 – point b
Amendment 248 #
Proposal for a regulation
Article 3 – point 6 – point c
Article 3 – point 6 – point c
Amendment 249 #
Proposal for a regulation
Article 3 – point 6 – point d
Article 3 – point 6 – point d
Amendment 251 #
Proposal for a regulation
Article 3 – point 6 – point e
Article 3 – point 6 – point e
Amendment 327 #
Proposal for a regulation
Article 10 – point 4
Article 10 – point 4
Amendment 331 #
Proposal for a regulation
Article 10 – point 5
Article 10 – point 5
(5) ‘variety maintenance’ means the actions to ensure that a variety remains consistent with its descagronomically relevant characteripstioncs;
Amendment 363 #
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) they are produced or made available on the market by a significant number of professional operators in the Union;
Amendment 366 #
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
Amendment 377 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Plant reproductive material may only be produced andOperators may take the decision to make available on the market plant reproductive material as standard material or as material undergoing certification. In the case of material undergoing certification, plant reproductive material shall be made available on the market, under one of the following categories:
Amendment 379 #
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
Amendment 384 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 395 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 401 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 413 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) the registration requirements set out in Section 2, with the exception of standard material;
Amendment 423 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 (a) and 1(b) shall not apply to production requirements of plant reproductive material referred to in Article 14(3) and Article 36.
Amendment 424 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Plant reproductive material may be produced and made available on the market only if it belongs to a variety registered in a national variety register referred to in Article 51 or in the Union variety register referred to in Article 52. or if a description of the plant reproductive material is available to the purchaser.
Amendment 437 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 466 #
Proposal for a regulation
Article 15
Article 15
Amendment 474 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Making heterogeneous material available on the market 1. Plant reproductive material may be produced and made available on the market as heterogeneous material, registered in a national variety register referred to in Article 51, on the basis of an officially recognised description. This includes inter alia a) Landraces, conservation varieties or selections thereof which do not comply with articles 60, 61 and 62 but provide a certain stability as regards their agronomic performance, b) multicomponent varieties derived from open pollination (polycross) of a defined set of parental lines which do not comply with articles 60, 61 and 62 but provide a certain stability as regards their agronomic performance, c) Open pollinated varieties and populations of completely or partially outcrossing species which do not comply with articles 60, 61 and 61 but provide a certain stability as regards their agronomic performance, d) Population crosses between open pollinated populations or open pollinated varieties with high level of heterogeneity, e) Composite cross populations derived from crosses of defined parental lines and evolved in a certain environment with a high level of heterogeneity and high plasticity needed for adaptation to changing environmental conditions. 2. Heterogeneous material is obtained through methods which respect natural crossing barriers. 3. The making available on the market of heterogeneous material shall comply with the provisions of Title III.
Amendment 481 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Plant reproductive material undergoing official certification shall be produced in accordance with the production requirements set out in Part A of Annex II and shallmay be made available on the market only if it fulfils the quality requirements set out in Part B of Annex II.
Amendment 487 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. During processing, packaging, storage, transport or at delivery, lots of plant reproductive material may be split into two or more lots. In that case the professional operator shall keep records concerning the origin of the new lots except when there is no more than one intermediary between the producer and the user and all professional operators concerned supply the same local or regional markets.
Amendment 493 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Pre-basic, basic or certified material shallmay be certified and identified through an official label (‘official label’).
Amendment 497 #
Proposal for a regulation
Article 19 – paragraph 5 a (new)
Article 19 – paragraph 5 a (new)
5a. This article shall under no circumstances prevent the use of national or private labels and certification schemes.
Amendment 503 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The official label and the operator's label shall contain the information set out in Part A of Annex III.
Amendment 510 #
Proposal for a regulation
Article 21 – paragraph 5 – introductory part
Article 21 – paragraph 5 – introductory part
5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out requirements, further to the requirements referred to in paragraphs 1 and 2, for official labels and operators' labels. Those requirements shall concern one or more of the following elements:
Amendment 514 #
Proposal for a regulation
Article 21 – paragraph 7
Article 21 – paragraph 7
7. The Commission shall, by means of implementing acts, adopt the format(s) of the official label and operator's label. Those formats may be adopted per genera or species. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(3).
Amendment 541 #
Proposal for a regulation
Article 28
Article 28
Operators' labels shall be produced and affixed by the professional operator after verifying through its own inspections, sampling and testing, that the plant reproductive material complieis wfith the production and quality requirements as referred to in Article 16 for purpose and the properties of the plant reproductive material comply with the indications on the label.
Amendment 544 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The official label and the operator's label shall be produced with reference to a lot. The operators' 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 applicablenecessary, to individual plants or on the outside of packages, containers and bundles.
Amendment 546 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. If a lot is split into more lots, a new official label or operator's label shall be issued for each lot. If several lots are merged into a new lot, a new official label or operator's label shall be issued for that new lot. These requirements shall not apply to local circulation of plant reproductive material.
Amendment 595 #
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 quantitiess first placed on the market 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;using in a seasonal year an area for producing plant reproductive material not larger than the area defined in Art.8 (2) of Reg. 1765/92 EC in its last day of validity, and not smaller than 5 ha.
Amendment 621 #
Proposal for a regulation
Article 36 – paragraph 1 – point b a (new)
Article 36 – paragraph 1 – point b a (new)
(ba) it complies with the provisions of Title III of this act.
Amendment 634 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
Amendment 676 #
Proposal for a regulation
Article 42 a (new)
Article 42 a (new)
Amendment 677 #
Proposal for a regulation
Article 43
Article 43
Amendment 683 #
Proposal for a regulation
Article 43 a (new)
Article 43 a (new)
Article 43a Import conditions Imports 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 by another Union act. (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 of consumer fraud exists. (e) Materials are being made available on the market at subsidized prices or at a price so low it constitutes dumping, and the total commercial value exceeds 1 million Euros. (f) The PRM to be imported or its lot do not comply with the quality requirements of this Regulation for the respective species and categories and types of material.
Amendment 688 #
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
Amendment 702 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
Amendment 705 #
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
Amendment 706 #
Proposal for a regulation
Article 49 – paragraph 5 a (new)
Article 49 – paragraph 5 a (new)
5a. Where the plant reproductive material concerned is not more than what is typically required to cultivate one hectare, the plant reproductive material is exempted from labelling requirements provided in this Article.
Amendment 708 #
Proposal for a regulation
Article 50
Article 50
Amendment 743 #
Proposal for a regulation
Article 53 – paragraph 1 – point f
Article 53 – paragraph 1 – point f
(f) the official description of the variety, or, where, applicable, the officially recognised description of the variety with an indication of the region(s) where the variety has historically been grown and to which it is naturally adapted (‘region(s) of origin’);
Amendment 747 #
Proposal for a regulation
Article 53 – paragraph 1 – point k a (new)
Article 53 – paragraph 1 – point k a (new)
(ka) where applicable, the indication that the variety has been bred using non- traditional breeding methods, including an enumeration of all the methods used for obtaining that variety.
Amendment 748 #
Proposal for a regulation
Article 53 – paragraph 1 – point k b (new)
Article 53 – paragraph 1 – point k b (new)
(k b) The genealogical components of the variety
Amendment 753 #
Proposal for a regulation
Article 54
Article 54
Amendment 762 #
Proposal for a regulation
Article 54 – point f
Article 54 – point f
(f) where applicable, the indication that the variety to which the clone belongs has been registered with an officially recognised description, including the region of origin of that variety;
Amendment 768 #
Proposal for a regulation
Article 56 – paragraph 2 – introductory part
Article 56 – paragraph 2 – introductory part
2. In order to be registered in a national variety register pursuant to Chapter IV, varieties shallmay fulfil, in addition to the requirements set out in paragraph 1, the following requirements:
Amendment 770 #
Proposal for a regulation
Article 56 – paragraph 2 – point b
Article 56 – paragraph 2 – point b
(b) in case they belong to genera or species with particular importance for the satisfactory development of agriculture in the Union, as referred to in paragraph 5, they havemay be tested for a satisfactory value for cultivation and/or use pursuant to Article 58;
Amendment 779 #
Proposal for a regulation
Article 56 – paragraph 4 – point c
Article 56 – paragraph 4 – point c
(c) in case they belong to genera or species with particular importance for the sustainable development of agriculture in the Union, as referred to in paragraph 6, they havemay be tested for a sustainable value for cultivation and/or use pursuant to Article 59;
Amendment 795 #
Proposal for a regulation
Article 57 – paragraph 1 – point a
Article 57 – paragraph 1 – point a
(a) in case the variety had been previously not registered in a national variety register or in the Union variety register and plant reproductive material belonging to that variety has been made available on the market before the entry into force of this Regulation;
Amendment 800 #
Proposal for a regulation
Article 57 – paragraph 1 – point b
Article 57 – paragraph 1 – point b
(b) in case the variety had been previously registered in any national variety register or in the Union variety register on the basis of a technical examination pursuant to Article 71, but has been deleted from those registers more than five years before the submission of the current application and would not fulfil the requirements laid down in Articles 60, 61 and 62 and, where applicable, Article 58(1) and Article 59(1).
Amendment 821 #
Proposal for a regulation
Article 57 – paragraph 2 – point a
Article 57 – paragraph 2 – point a
Amendment 824 #
Proposal for a regulation
Article 57 – paragraph 2 – point c a (new)
Article 57 – paragraph 2 – point c a (new)
(ca) a description of that variety is known to exist in literature or is accessible as traditional knowledge of local communities within the Union
Amendment 831 #
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
Amendment 837 #
Proposal for a regulation
Article 57 – paragraph 4 – point b a (new)
Article 57 – paragraph 4 – point b a (new)
(ba) in the case of a newly bred variety, the description delivered by the applicant is examined for correctness according to the respective technical guidance by the competent authority.
Amendment 845 #
Proposal for a regulation
Article 58 – paragraph 1 a (new)
Article 58 – paragraph 1 a (new)
1a. The design, criteria and conditions of examination shall take into account the targeted use of the variety, in particular as regards climatic and environmental conditions and/or low input or organic farming conditions.
Amendment 855 #
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
1. For the purposes of the official description, referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be distinct, if it is clearly distinguishable, by reference to the expression of that least one characteristics that results from a particular genotype or combination of genotypes, from any other variety whose existence is commonly known on the date of the application determined pursuant to Article 70 whereas the variety type and mode of reproduction are recognised as a characteristics of distinctness.
Amendment 859 #
Proposal for a regulation
Article 60 – paragraph 2 – point c a (new)
Article 60 – paragraph 2 – point c a (new)
(ca) a description of that variety is known to exist in literature or is accessible as traditional knowledge of local communities within the Union.
Amendment 861 #
Proposal for a regulation
Article 61
Article 61
For the purposes of the official description, referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be uniform if, subject to the variation that may be expected from the particular features of its reproduction and type, it is sufficiently uniform in the expression of those characteristics which are included innecessary to pass the examination for distinctness, as well as in the expression of any other characteristics used for its official description.
Amendment 862 #
Proposal for a regulation
Article 61 – paragraph 1 a (new)
Article 61 – paragraph 1 a (new)
1a. The respective examination designs shall take into account that reference varieties must be equal to the tested variety regarding the particular features of its variety type and mode of reproduction.
Amendment 864 #
Proposal for a regulation
Article 62
Article 62
For the purposes of the official description referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be stable if the expression of those characteristics which are included in the examination for distinctness, as well as any other characteristics used for the variety description, remains in principle unchanged after repeated reproduction or, in the case of cycles of reproduction, at the end of each such cycle. Variations that can be attributed to the particular features of its variety type, mode of reproduction or changed environmental conditions are to be accepted.
Amendment 890 #
Proposal for a regulation
Article 64 – paragraph 4
Article 64 – paragraph 4
Amendment 895 #
Proposal for a regulation
Article 65
Article 65
Amendment 907 #
Proposal for a regulation
Article 67 – paragraph 1 – point k a (new)
Article 67 – paragraph 1 – point k a (new)
(ka) where applicable, the indication that the variety has been breed using non- traditional breeding methods, including an enumeration of all the methods used for obtaining that variety;
Amendment 914 #
Proposal for a regulation
Article 67 – paragraph 3
Article 67 – paragraph 3
Amendment 933 #
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
1. The description is adapted to the variety type and mode of reproduction. Where, as a result of the formal examination, the application is found to comply with the content requirements referred to in Article 67 and the format adopted pursuant to Article 68, a technical examination of the variety shall be carried out for the purpose of establishing an official description. The modes of technical examination and of establishing an official description shall take into account the variety type and mode of reproduction.
Amendment 940 #
Proposal for a regulation
Article 71 – paragraph 3 – subparagraph 2 a (new)
Article 71 – paragraph 3 – subparagraph 2 a (new)
On request submitted by the applicant to the competent authority, the technical examination shall be carried out under specific climatic conditions in the Member State the competent authority is responsible for.
Amendment 942 #
Proposal for a regulation
Article 71 – paragraph 5
Article 71 – paragraph 5
Amendment 951 #
Proposal for a regulation
Article 73
Article 73
Amendment 971 #
Proposal for a regulation
Article 74
Article 74
Amendment 974 #
Proposal for a regulation
Article 75 – paragraph 1
Article 75 – paragraph 1
1. Where, in the framework of the technical examination referred to in Article 71(1), an examination of the genealogical components is necessary, the results of that examination and the description of the genealogical components shall be treated as confidential, if the applicant so requests. The genealogical composition of the variety shall only be kept confidential until the variety is registered in the Union variety register or a national variety register.
Amendment 975 #
Proposal for a regulation
Article 75 – paragraph 2
Article 75 – paragraph 2
2. In the case of varieties of plant reproductive material intended exclusively for the production of agricultural raw materials for industrial purposes, and if so requested by the applicant, the results of the technical examination referred to in Article 71(1) and the intended uses of those varieties shall be treated as confidential. The result of the technical examination and the intended uses shall only be kept confidential until the variety is registered in the union variety register or a national variety register
Amendment 984 #
Proposal for a regulation
Article 77 – paragraph 2 a (new)
Article 77 – paragraph 2 a (new)
2a. The competent authority shall collect any complaint that a denomination has been misused. Once a complaint has been received, the competent authority shall assess if the denomination has been misused and the reasons that have oriented the choice of the applicant to misuse the denomination. Where the assessment reveals that the applicant involuntarily misused an existing denomination, the competent authority shall make this denomination unique and distinguishable from the misused one by changing or amending it. The applicant may suggest proposals for the changed or amended denomination; Where the assessment reveals that the applicant could not have been unaware that he misused an existing denomination, the competent authority shall adopt a decision deleting registration according to Article 85 (1) (a) or (g).
Amendment 1007 #
Proposal for a regulation
Article 85 – paragraph 2 – subparagraph 1
Article 85 – paragraph 2 – subparagraph 1
On request by the applicant or a third party, the competent authority may allow a variety deleted or expired from the national variety register in accordance to paragraph 1(b), 1(c), 1(d), 1(e), 1(f) or 1(h) to continue to be made available on the market until 30 June of the third year following the deletion from the register.
Amendment 1008 #
Proposal for a regulation
Article 85 – paragraph 2 – subparagraph 2
Article 85 – paragraph 2 – subparagraph 2
Amendment 1010 #
Proposal for a regulation
Article 85 – paragraph 3
Article 85 – paragraph 3
3. After a variety is deleted from the national variety register, the competent authority shall submit a sample of that variety, and its description, and in the case of a hybrid including its parent lines, to a gene bank dedicated to the conservation of genetic resources.
Amendment 1012 #
Proposal for a regulation
Article 86 – paragraph 1 a (new)
Article 86 – paragraph 1 a (new)
1a. Any other person may notify the competent authority with reference to a registered variety that that person is acting as an additional maintainer.
Amendment 1022 #
Proposal for a regulation
Article 87 – paragraph 1 – point f
Article 87 – paragraph 1 – point f
Amendment 1041 #
Proposal for a regulation
Article 89 – paragraph 2
Article 89 – paragraph 2
2. Applicants employing fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed EUR 2 millionbeing microenterprises as defined in Commission Recommendation 2003/361/EC shall be exempted from the payment of the fees provided for in Article 87 and Article 88.
Amendment 1091 #
Proposal for a regulation
Article 103 – paragraph 4
Article 103 – paragraph 4
4. The competent authority shall take appropriate measures to, on request, make available the information contained in the files of the national variety register to any person requesting access to this information. This access has to be granted free of charge and by electronic means. This provision shall not apply whereas long as the information must be treated as confidential pursuant to Article 75.
Amendment 1095 #
Proposal for a regulation
Article 104 – paragraph 4
Article 104 – paragraph 4
4. The Agency shall take appropriate measures to make available, on request, the information contained in the files of the Union variety register to any person requesting access to that information. This access has to be granted free of charge and by electronic means. This provision shall not apply whereas long as the information must be treated as confidential under Article 75.
Amendment 1401 #
Proposal for a regulation
Annex II – Part A – point 2 – point f
Annex II – Part A – point 2 – point f
Amendment 1407 #
Proposal for a regulation
Annex II – Part D a (new)
Annex II – Part D a (new)
Da. Points 2(a), 2(d), 2(g) of PART A, (b), (c), (e), (h) of PART B and (b) of PART D shall not apply to heterogeneous material, and registration under officially recognised description made available on the market as standard material.
Amendment 1418 #
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 1420 #
Proposal for a regulation
Annex III – Part A – point l
Annex III – Part A – point l
Amendment 1423 #
Proposal for a regulation
Annex III – Part A – point n b (new)
Annex III – Part A – point n b (new)