34 Amendments of Christophe CLERGEAU related to 2023/0227(COD)
Amendment 92 #
Proposal for a regulation
Recital 49
Recital 49
(49) In order to contribute to the sustainability of agricultural production and food systems while recognising that sustainability cannot be reduced to a single trait or variety but can only apply to a cultivated system as a whole, and in order to serve economic, environmental and broader societal needs, new varieties of all genera or species should show an improvement compared to the other varieties of the same genera or species registered in the same national variety register, concerning certain aspects. Among those aspects are their yield, including yield stability and yield under low input conditions; tolerance/resistance to biotic stresses, including plant diseases caused by nematodes, fungi, bacteria, viruses, insects and other pests; tolerance/resistance to abiotic stresses, including adaptation to climate change conditions; more efficient use of natural resources, such as water and nutrients; reduced need for external inputs, such as plant protection products and fertilisers; characteristics that enhance the sustainability of storage, processing and distribution; and quality or nutritional characteristics (‘value for sustainable cultivation and use’). For the purpose of deciding on the variety registration and in order to provide sufficient flexibility to register varieties with the most desirable characteristics, those aspects should be considered for a given variety as a whole.
Amendment 95 #
Proposal for a regulation
Recital 64
Recital 64
Amendment 101 #
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) to contribute to sustainable agricultural production, adapted to a diversity of climatic and soil conditions, currently and in the perspective of future projected climatic conditions;
Amendment 106 #
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) to contribute to food security and food sovereignty
Amendment 116 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point c
Article 3 – paragraph 1 – point 2 – point c
(c) maintenance or multiplication of varieties;
Amendment 137 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)
Article 3 – paragraph 1 – point 35 a (new)
(35a) ‘conservation and sustainable use of plant genetic resources and agro- biodiversity’ means the preservation of the genetic diversity within and between cultivated plant species, and includes both the in situ dynamic conservation, whether on farm or in garden, the ex situ conservation outside of their natural habitat, and the sustainable use of plant genetic resources and agro-biodiversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations.
Amendment 139 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35 b (new)
Article 3 – paragraph 1 – point 35 b (new)
(35b) 'One Health Approach’ means an integrated, unifying approach that aims to sustainably balance and optimise the health of people, animals, plants and ecosystems. It recognises that the health of humans, domestic and wild animals, plants, and the wider environment including ecosystems are closely interlinked and inter-dependent ;
Amendment 152 #
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. The Commission is empowered to adopt delegated acts, in accordance with Article 75, in order to amend Annex III, to adapt the requirements referred to in paragraphs 1 and 2 to the scientific and technical developments and to the applicable international standards in line with the One Health approach. Those amendments shall concern the following:
Amendment 181 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point c a (new)
Article 22 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) it is not covered by an intellectual property right limiting its use for conservation purposes
Amendment 182 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point c b (new)
Article 22 – paragraph 1 – subparagraph 1 – point c b (new)
(cb) it does not consist of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 1 or 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...).
Amendment 183 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. By way of derogation from Article 20, PRM of all genera or species listed in Annex I belonging to a conservation variety registered in a national variety register referred to in Article 44(1), point (b), may be produced and marketed in the Union as standard seed or material, if it complies with all the requirements concerning standard seed and material for the respective species, as referred to in Article 8.
Amendment 184 #
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. A variety of conservation, its parts and/or its genetic components may not be covered by an intellectual property right limiting its use for conservation, research, breeding and/or training, including on- farm participatory research and breeding.
Amendment 185 #
Proposal for a regulation
Article 26 – paragraph 2 b (new)
Article 26 – paragraph 2 b (new)
2b. A variety of conservation does not consist of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 1 or 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… .
Amendment 186 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 2
Article 27 – paragraph 3 – subparagraph 2
Those amendments shall be adopteddeveloped in consultation with respective multi actor stakeholders involved in heterogeneous material in order to adapt to the development of the respective technical and scientific evidence, and the international standards, and to follow up on the experience gained by the application of this Article concerning all or certain genera or species only.
Amendment 187 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. Any professional operator producing and/or intending to market PRM of heterogeneous material shall submit a notification to the competent authority prior to marketing. If no further information is requested by the national competent authority within a time determined by the competent authority3 months, the PRM of heterogeneous material may be marketed.
Amendment 205 #
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 1
Article 38 – paragraph 1 – subparagraph 1
Amendment 206 #
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Those experiments may take the form of technical or scientific trials examining the feasibility and appropriateness of new requirements compared to the ones set out in Articles 2, 5, 6, 7, 8 and 20 of this Regulation. Multi actor stakeholders shall be involved in the framing of these temporary experiments financed by the Commission.
Amendment 207 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1 – introductory part
Article 38 – paragraph 2 – subparagraph 1 – introductory part
The implementing acexperiments referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 76(2) and shall specify one or more of the following elements:
Amendment 208 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 2
Article 38 – paragraph 2 – subparagraph 2
Those acexperiments shall adapt to the evolution of techniques for production of the PRM concerned, as shall be based on any comparative trials carried out by the Member States.
Amendment 212 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. PRM belonging to a variety registered in at least one national variety register may be produced and marketed in the Union, in accordance with this Regulation unless it consists on a plant covered by an opt-out possibility given to Member States as defined in the GMO Directive 2001/18/EC of the European Parliament and of the Council and in the NGT plant Regulation (EU) .../... of the European Parliament and of the Council.
Amendment 213 #
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. The Commission is empowered to adopt a delegated act in accordance with Article 75, in order to amend Annex VII only to further add elements that need to be included in the variety registers, taking into account the technical and scientific developments, and on the basis of gained experience indicating the need of competent authorities or professional operators to obtain more precise information about the registered varieties.
Amendment 219 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point f
Article 47 – paragraph 1 – subparagraph 1 – point f
(f) where the varieties are tolerant to herbicides, they are subject to cultivation conditions for the production of PRM and for any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities responsible for registration, to avoid the development of herbicide resistance in weeds due to their use. These conditions will be subject to a public consultation process by the competent authority before they are adopted;
Amendment 220 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point g
Article 47 – paragraph 1 – subparagraph 1 – point g
(g) where the varieties have particular characteristics other than the ones referred to in point (f) that may lead to undesirable agronomic effects, they are subject to cultivation conditions for the production of PRM and any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities responsible for their registration, to avoid those particular undesirable agronomic effects, such as the development of resistance of pests to the respective varieties or undesirable effects on pollinators. These conditions will be subject to a public consultation process by the competent authority before they are adopted;
Amendment 240 #
Proposal for a regulation
Article 53 – paragraph 1 – point b
Article 53 – paragraph 1 – point b
(b) it has an indication of its initial region of origin or the local conditions to which has been bred for ;
Amendment 245 #
Proposal for a regulation
Article 56 – paragraph 1 – point l a (new)
Article 56 – paragraph 1 – point l a (new)
(la) the existence of intellectual property rights other than granted plant variety right on the variety as a whole or its components;
Amendment 247 #
Proposal for a regulation
Article 56 – paragraph 1 – point m
Article 56 – paragraph 1 – point m
(m) in case the variety contains or consists of a category 1 NGT as defined in Article 3(7) of Regulation (EU) …/… of the European Parliament and of the Council50 (Office of Publications, please insert referrence to NGT Regulation), evidence that the plant has obtained a declaration of category 1 NGT plant status pursuant to Article 6 or 7 of that Regulation or is progeny of such plant(s); as well as information allowing their detection ; _________________ 50 Regulation (EU) …./…. of the European Parliament and of the Council of … (….., p….).
Amendment 249 #
Proposal for a regulation
Article 56 – paragraph 1 – point n
Article 56 – paragraph 1 – point n
(n) in case the variety contains or consists of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation), indication of that fact as well as information allowing their detection ;
Amendment 252 #
Proposal for a regulation
Article 61 – paragraph 1 a (new)
Article 61 – paragraph 1 a (new)
1a. Paragraph 1 does not apply in the cases where the variety: (a) contains or consists of a genetically modified organism, in accordance with Directive 2001/18/EC or Regulation (EC) No 1829/2003; (b) contains or consists of a category 1 NGT as defined in Article 3(7) of Regulation (EU) …/… of the European Parliament and of the Council ; (c) contains or consists of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… ; (d) is tolerant to herbicides pursuant to Article 47(1)(f) or has particular characteristics that may lead to undesirable agronomic effects pursuant to Article(1)(g).
Amendment 253 #
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
After the formal examination of the application provided for in Article 57, and prior to the registration of a variety in a national variety register pursuant to Article 67, the competent authority shall consult the CPVO onrelevant stakeholders at national level, as well as the Committee mentioned in Article 76(1) on the suitability of the variety denomination proposed by the applicant in light of the requirements of Article 54.
Amendment 254 #
Proposal for a regulation
Article 66 – paragraph 2
Article 66 – paragraph 2
Thet CPVO competent authority may also consult the CPVO, which shall submit to the competent authority a recommendation on the suitability of the variety denomination proposed by the applicant, in accordance with Article 54. The competent authority shall inform the applicant on that recommendation.
Amendment 261 #
Proposal for a regulation
Annex VI – Part B – point 2 – point c a (new)
Annex VI – Part B – point 2 – point c a (new)
(ca) Heterogeneous material must not be derived from genetic engineering nor from parental material derived from genetic engineering. This excludes GMO as defined in Directive 2001/18/EC art. 2 (2) detailed in Annex 1A part I and NGT I and NGT II as defined in the regulation of the European Parliament and of the Council on plants obtained by certain new genomic techniques
Amendment 262 #
Proposal for a regulation
Annex VI – Part B – point 2 – point c b (new)
Annex VI – Part B – point 2 – point c b (new)
(cb) Heterogeneous material must not be derived from parental material covered by patents nor be protected by patents.
Amendment 266 #
Proposal for a regulation
Annex VII – paragraph 1 – point t a (new)
Annex VII – paragraph 1 – point t a (new)
(ta) disclose which breeding techniques have been applied for the development of the plant (e.g., cell fusion, genetic engineering, chemical or irradiation mutation breeding, microspore culture, etc.)
Amendment 268 #
Proposal for a regulation
Annex VII – paragraph 1 – point t b (new)
Annex VII – paragraph 1 – point t b (new)
(tb) disclose if the respective variety is covered by existing patents