137 Amendments of Martin KASTLER related to 2013/0137(COD)
Amendment 76 #
Proposal for a regulation
Title 0
Title 0
The Committee on the Environment, Public Health and Food Safety calls on the Committee on Agriculture and Rural Development, as the committee responsible, to propose that the Commission proposal be rejected.
Amendment 81 #
Proposal for a regulation
Recital 1 – point e
Recital 1 – point e
Amendment 84 #
Proposal for a regulation
Recital 2
Recital 2
(2) The basic objective of the above Directives is sustainable agricultural, horticultural and forestry production, as well as the proactive conservation of Europe’s natural species diversity. In order to ensure productivity, the health, quality and diversity of plant reproductive material is of outmost importance for agriculture, horticulture, food and feed security, and the economy in general. Moreover, to ensure sustainability, legislation should take account of the need to meet consumers' expectations, to ensure the adaptability of production to manifold agricultural, horticultural and environmental conditions, to face the challenges of climate change and to foster the protection of agro-biodiversity. In addition the EU may proactively foster the continued existence of old, rare varieties and local varieties by establishing a Europe-wide network of gene banks (‘EuropArch’), if necessary supported by European ex-situ documentation attached to the agency (‘BioEuropeana’).
Amendment 87 #
Proposal for a regulation
Recital 6
Recital 6
(6) In order to determine the scope of the several provisions of this Regulation it is necessary to define the concepts of “professional operator” and “making available on the market”. In particular, in view of the marketing developments of the sector, the definition of 'making available on the market' should be as wide as possible to ensure all forms of transactions of plant reproductive material. That definition should include inter alia persons concluding sales through distance contracts (e.g. electronically) and persons who collect basic forest material.
Amendment 98 #
Proposal for a regulation
–
–
The European Parliament rejects the Commission proposal.
Amendment 104 #
Proposal for a regulation
Recital 1 – point e
Recital 1 – point e
Amendment 105 #
Proposal for a regulation
Recital 40
Recital 40
(40) The Union variety register should also include all varieties that are registered in the national variety registers. In this way, it will be ensured that the Union variety register offers a transparent overview of all varieties registered in the Union. In addition the EU may proactively foster the continued existence of old, rare varieties and local varieties by establishing a Europe-wide network of gene banks (‘EuropArch’), if necessary supported by European ex-situ documentation attached to the agency (‘BioEuropeana’).
Amendment 108 #
Proposal for a regulation
Recital 79
Recital 79
Amendment 113 #
Proposal for a regulation
Recital 6
Recital 6
(6) In order to determine the scope of the several provisions of this Regulation it is necessary to define the concepts of ‘professional operator’ and ‘making available on the market’. In particular, in view of the marketing developments of the sector, the definition of ‘making available on the market’ should be as wide as possible to ensure all forms of transactions of plant reproductive material. That definition should include inter alia persons concluding sales through distance contracts (e.g. electronically) and persons who collect basic forest material.
Amendment 122 #
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) produced by a farmer on their own farm, under their own name and at their own expense.
Amendment 128 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – 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 an operator for the purpose of growing commercially, whether free of charge or not;
Amendment 129 #
Proposal for a regulation
Recital 36
Recital 36
(36) In the context of the Convention on Biological Diversity to which the Union is a party, the Union has committed to maintain the genetic diversity of cultivated plants, and of wild relatives, and to minimise genetic erosion. That commitment complements the objective of the Union to halt biodiversity loss by 2020 and take action to safeguard biodiversity. In that context, certain varieties should be allowed to be produced and made available on the market even if they do not comply with the requirements concerning distinctiveness, uniformity or stability, to ensure their conservation and sustainable use and thus contribute to the sustainability of agriculture and the adaptation to climate change. Therefore, those varieties should only be registered on the basis of an officially recognised description. In addition the EU may proactively foster the continued existence of old, rare varieties and local varieties by establishing a Europe-wide network of gene banks (‘EuropArch’), if necessary supported by European ex-situ documentation attached to the agency (‘BioEuropeana’).
Amendment 130 #
Proposal for a regulation
Recital 40
Recital 40
(40) The Union variety register should also include all varieties that are registered in the national variety registers. In this way, it will be ensured that the Union variety register offers a transparent overview of all varieties registered in the Union. In addition the EU may proactively foster the continued existence of old, rare varieties and local varieties by establishing a Europe-wide network of gene banks (‘EuropArch’), if necessary supported by European ex-situ documentation attached to the agency (‘BioEuropeana’).
Amendment 132 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – introductory part
Article 3 – paragraph 1 – 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 intended for commercial cultivation:
Amendment 137 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point a
Article 3 – paragraph 1 – point 6 – point a
Amendment 143 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point c
Article 3 – paragraph 1 – point 6 – point c
Amendment 151 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
Amendment 154 #
Proposal for a regulation
Recital 79
Recital 79
Amendment 162 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Professional operators shall ensure that plant reproductive material produced and made available on the market under their control fulfils the requirements of this Regulation.
Amendment 164 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Specific responsibilities of professional operators producbringing plant reproductive material onto the market
Amendment 167 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
Professional operators producbringing plant reproductive material onto the market shall:
Amendment 170 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Professional operators shall ensure that plant reproductive material is traceable at allthe stages of produthe entry and exit of goods in connection andwith making available on the market.
Amendment 175 #
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 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 176 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Amendment 200 #
Proposal for a regulation
Article 2 – paragraph 1 – point d d (new)
Article 2 – paragraph 1 – point d d (new)
(dd) produced by a farmer on their own farm, under their own name and at their own expense.
Amendment 205 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 207 #
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
Amendment 209 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 214 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 216 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Plant reproductive material produced and made available on the market shall comply with:
Amendment 218 #
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 3 for the relevant category;
Amendment 221 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 (a) and (b) shall not apply to production requirements of plant reproductive material referred to in Article 14(3) and Article 36.
Amendment 224 #
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.
Amendment 225 #
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 an operator for the purpose of commercial cultivation, whether free of charge or not;
Amendment 234 #
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 intended for commercial cultivation:
Amendment 239 #
Proposal for a regulation
Article 3 – point 6 – point a
Article 3 – point 6 – point a
Amendment 241 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 244 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Amendment 247 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Plant reproductive material shall be produced in accordance with the production requirements set out in Part A of Annex II andwhich has been officially registered and is undergoing certification shall be made available on the market only if it fulfils the quality requirements set out in Part B of Annex II.
Amendment 247 #
Proposal for a regulation
Article 3 – point 6 – point c
Article 3 – point 6 – point c
Amendment 251 #
Proposal for a regulation
Article 19 – paragraph 5 a (new)
Article 19 – paragraph 5 a (new)
(5a) This certification and identification shall apply to those varieties entered in the European variety register. National trademarks or certification systems shall remain unaffected.
Amendment 259 #
Proposal for a regulation
Article 23
Article 23
Amendment 264 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Where the official labels are produced by the competent authorities, as referred to in point (b) of Article 22, the competent authorities shall carry out all necessary field inspections, sampling and testing in accordance with the certification schemes, adopted pursuant to Article 20(2), to confirm compliance with the production and quality requirements adopted pursuant to Article 16(2).
Amendment 266 #
Proposal for a regulation
Article 27 – title
Article 27 – title
Notification of the intended production and certification of pre-basic, basic and certified material
Amendment 267 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
Professional operators shall inform the competent authorities in due time about their intention to produchave pre-basic, basic and certified material plant reproductive material, and to carry out the certification referred to in certified in accordance with Article 19(1). That notification shall state the plant species and categories concerned.
Amendment 269 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
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 complies with the production and quality requirements as referred to in Article 16.
Amendment 274 #
Proposal for a regulation
Article 30 – paragraph 4 – introductory part
Article 30 – paragraph 4 – introductory part
4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out rules for the post certification tests of plant reproductive material belonging to particular genera or species. Those rules shall take into account the development of scientific and technical knowledge. They may concern the following:
Amendment 275 #
Proposal for a regulation
Article 30 – paragraph 4 – point a
Article 30 – paragraph 4 – point a
Amendment 276 #
Proposal for a regulation
Article 30 – paragraph 4 – point b
Article 30 – paragraph 4 – point b
Amendment 278 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Where the post certification tests show that pre-basic, basic or certified material has not been produced or made available on the market indoes not compliancey with the production and quality requirements referred to in Article 16(2), and with the certification schemes referred to in Article 20(2) or has not been made available on the market in line with these, the competent authorities shall ensure that the professional operator concerned takes the necessary corrective actions. Those actions shall ensure that the material concerned either complies with those requirements or is withdrawn from the market.
Amendment 281 #
Proposal for a regulation
Article 32
Article 32
Amendment 283 #
Proposal for a regulation
Article 6
Article 6
Professional operators shall ensure that plant reproductive material produced and made available on the market under their control fulfils the requirements of this Regulation.
Amendment 285 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Specific responsibilities of professional operators producbringing plant reproductive material onto the market
Amendment 289 #
Proposal for a regulation
Article 7 – introductory part
Article 7 – introductory part
Professional operators producbringing plant reproductive material onto the market shall:
Amendment 295 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Professional operators shall ensure that plant reproductive material is traceable at allthe stages of produentry and exit of goods in connection andwith making available on the market.
Amendment 300 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – point a
Article 36 – paragraph 1 – subparagraph 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;
Amendment 308 #
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 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 313 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Amendment 317 #
Proposal for a regulation
Article 42 – paragraph 1 a (new)
Article 42 – paragraph 1 a (new)
1a. The provisions of this regulation shall not apply to small undertakings and farms which supply local markets.
Amendment 320 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Plant reproductive material may be imported from third countries only if it is established, pursuant to Article 44, that it fulfils requirements equivalent to those applicable to plant reproductive material produced and made available on the market in the Unionthat fulfil requirements equivalent to those applicable to plant reproductive material produced and made available on the market in the Union. Import requirements Imports to the Union of Plant reproductive material shall not be prohibited or restricted, except in one of the following cases: (a)The PRM to be imported or its lot do not comply with the requirements of this Regulation for the respective species and categories and types of material. (b) It is prohibited by an existing trade agreement. (c) Import is explicitly prohibited by another Union act. (d) A demonstrable risk exists in relation to plant disease, invasive species or other phytosanitary risk not already present and established in the Union. (e) A demonstrable risk exists of consumer fraud. (f) Materials are being made available on the market at subsidized prices or at a price so low that it constitutes dumping, and the total commercial value exceeds 1 million Euros.
Amendment 322 #
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 1 – introductory part
Article 44 – paragraph 1 – subparagraph 1 – introductory part
The Commissionuncil and Parliament may decide, by means of implementing actsthe ordinary legislative procedure, whether plant reproductive material of specific genera, species οr categories produced in a third country, or particular areas of a third country, fulfils requirements equivalent with those applicable to plant reproductive material produced and made available on the market in the Union, on the basis of:
Amendment 340 #
Proposal for a regulation
Article 52 – paragraph 2 a (new)
Article 52 – paragraph 2 a (new)
2a. In addition the EU may proactively foster the continued existence of old, rare varieties and local varieties by establishing a Europe-wide network of gene banks (‘EuropArch’), if necessary supported by European ex-situ documentation attached to the agency (‘BioEuropeana’).
Amendment 347 #
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 368 #
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
Amendment 372 #
Proposal for a regulation
Article 56 – paragraph 6
Article 56 – paragraph 6
Amendment 376 #
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 379 #
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 or would not fulfil the requirements laid down in Articles 60, 61 and 62 and, where applicable, Article 58(1) and Article 59(1).
Amendment 382 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 387 #
Proposal for a regulation
Article 57 – paragraph 2 – point a
Article 57 – paragraph 2 – point a
Amendment 389 #
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
Amendment 392 #
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
Amendment 399 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 403 #
Proposal for a regulation
Article 58 – paragraph 1 a (new)
Article 58 – paragraph 1 a (new)
1a. Those varieties in particular which play a significant role in connection with climate change and the environment and/or regional markets or organic farming shall be deemed to have a satisfactory value for cultivation and/or use.
Amendment 407 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 410 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Plant reproductive material produced and made available on the market shall comply with:
Amendment 411 #
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 thean expression of the 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. Variety and means of reproduction shall be recognised as distinguishing criteria.
Amendment 416 #
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 3 for the relevant category;
Amendment 418 #
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 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 uniform if, subject to the variation that may be expected from the particular features of its reproduction and type or to variation within the variety, it is sufficiently uniform in the expression of those characteristics which are included in the examination for distinctness, as well as in the expression of any other characteristics used for its official description.
Amendment 420 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 (a) and (b) shall not apply to production requirements of plant reproductive material referred to in Article 14(3) and Article 36.
Amendment 422 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 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 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 fundamentally unchanged after repeated reproduction or, in the case of cycles of reproduction, at the end of each such cycle. Variations within a variety which constitute adaptations to changed environmental conditions shall be accepted in the official examination.
Amendment 425 #
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.
Amendment 442 #
Proposal for a regulation
Article 64 – paragraph 4 – introductory part
Article 64 – paragraph 4 – introductory part
4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out specific rules concernuncil and Parliament may adopt under the ordinary legislative procedure provisions specifying the suitability of variety denominations. Those rules mayprovisions shall concern:
Amendment 444 #
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3
Amendment 450 #
Proposal for a regulation
Article 67 – paragraph 3
Article 67 – paragraph 3
Amendment 451 #
Proposal for a regulation
Article 68
Article 68
Amendment 455 #
Proposal for a regulation
Article 69 – paragraph 1 – point b
Article 69 – paragraph 1 – point b
Amendment 456 #
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
Amendment 465 #
Proposal for a regulation
Article 15
Article 15
Amendment 470 #
Proposal for a regulation
Article 73
Article 73
Amendment 476 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Amendment 478 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Plant reproductive material shall be producedwhich has been officially registered and which is undergoing certification shall be made available on the market 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 479 #
Proposal for a regulation
Article 74
Article 74
Amendment 495 #
Proposal for a regulation
Article 19 – paragraph 5 – subparagraph 1 a (new)
Article 19 – paragraph 5 – subparagraph 1 a (new)
This certification and identification shall apply to those varieties which are entered in the European variety register. National trademarks or certification systems shall continue to be admissible.
Amendment 514 #
Proposal for a regulation
Article 97 – paragraph 1
Article 97 – paragraph 1
Amendment 515 #
Proposal for a regulation
Article 97 – paragraph 2
Article 97 – paragraph 2
Amendment 519 #
Proposal for a regulation
Article 23
Article 23
Amendment 522 #
Proposal for a regulation
Part IV
Part IV
Amendment 523 #
Proposal for a regulation
Article 144 – paragraph 1
Article 144 – paragraph 1
1. Repeals 1. The acts referred to in Annex XIII are hereby repealed. 1a. Without prejudice to more detailed requirements laid down in this Regulation, the following Articles and Annexes shall continue to apply: (a) Articles 21 to 22 of, and Annexes I to V to the repealed Council Directive 66/401 EEC; (b) Articles 21 to 22 of, and Annexes I to V to the repealed Council Directive 66/402 EEC; (c) Articles 17 to 18 of, and Annexes I to IV to the repealed Council Directive 68/193 EEC; Articles 16 to 18 and 24 of the repealed Council Directive 2002/53 EC; (d) Articles 27 to 29 of, and Annexes I to IV to the repealed Council Directive 2002/54 EC; (e) Articles 45 to 47 of, and Annexes I to V to the repealed Council Directive 2002/55 EC; (f) Articles 24 to 26 of, and Annexes I to III to the repealed Council Directive 2002/56 EC; (g) Articles 24 to 26 of, and Annexes I to V to the repealed Council Directive 2002/57 EC.
Amendment 533 #
Proposal for a regulation
Article 25
Article 25
Where the official labels are produced by the competent authorities, as referred to in point (b) of Article 22, the competent authorities shall carry out all necessary field inspections, sampling and testing in accordance with the certification schemes, adopted pursuant to Article 20(2), to confirm compliance with the production and quality requirements adopted pursuant to Article 16(2).
Amendment 537 #
Proposal for a regulation
Article 27 – title
Article 27 – title
Notification of the intended production and certification of pre-basic, basic and certified material
Amendment 538 #
Proposal for a regulation
Article 27
Article 27
Professional operators shall inform the competent authorities in due time about their intention to produchave pre-basic, basic and certified material plant reproductive material, and to carry out the certification referred to in certified in accordance with Article 19(1). That notification shall state the plant species and categories concerned.
Amendment 542 #
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 complies with the production and quality requirements as referred to in Article 16.
Amendment 552 #
Proposal for a regulation
Article 30 – paragraph 4 – introductory part
Article 30 – paragraph 4 – introductory part
4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out rules for the post certification tests of plant reproductive material belonging to particular genera or species. Those rules shall take into account the development of scientific and technical knowledge. They may concern the following:
Amendment 553 #
Proposal for a regulation
Article 30 – paragraph 4 – point a
Article 30 – paragraph 4 – point a
Amendment 555 #
Proposal for a regulation
Article 30 – paragraph 4 – point b
Article 30 – paragraph 4 – point b
Amendment 556 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Where the post certification tests show that pre-basic, basic or certified material has not been produced or made available on the market in compliance with the production anddoes not comply with the quality requirements referred to in Article 16(2), and with the requirements of the certification schemes referred to in Article 20(2), the competent authorities shall ensure that the professional operator concerned takes the necessary corrective actions. Those actions shall ensure that the material concerned either complies with those requirements or is withdrawn from the market.
Amendment 559 #
Proposal for a regulation
Article 32
Article 32
Amendment 605 #
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;
Amendment 673 #
Proposal for a regulation
Article 42 – paragraph 1 a (new)
Article 42 – paragraph 1 a (new)
1a. These provisions shall not apply to small undertakings and farms which supply local markets.
Amendment 679 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Plant reproductive material may be imported from third countries only if it is established, pursuant to Article 44, that ithat fulfils requirements equivalent to those applicable to plant reproductive material produced and made available on the market in the Union.
Amendment 681 #
Proposal for a regulation
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
Amendment 684 #
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 1 – introductory part
Article 44 – paragraph 1 – subparagraph 1 – introductory part
1. The Commissionuncil and Parliament may decide, by means of implementing actsthe ordinary legislative procedure, whether plant reproductive material of specific genera, species οr categories produced in a third country, or particular areas of a third country, fulfils requirements equivalent with those applicable to plant reproductive material produced and made available on the market in the Union, on the basis of:
Amendment 730 #
Proposal for a regulation
Article 52 – paragraph 2 a (new)
Article 52 – paragraph 2 a (new)
2a. In addition the EU may proactively foster the continued existence of old, rare varieties and conservation and local varieties by establishing a Europe-wide network of gene banks ('EuropArch'), if necessary supported by a European ex- situ documentation centre attached to the agency ('BioEuropeana').
Amendment 742 #
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 781 #
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
Amendment 785 #
Proposal for a regulation
Article 56 – paragraph 6
Article 56 – paragraph 6
Amendment 793 #
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 798 #
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 or would not fulfil the requirements laid down in Articles 60, 61 and 62 and, where applicable, Article 58(1) and Article 59(1).
Amendment 817 #
Proposal for a regulation
Article 57 – paragraph 2 – point a
Article 57 – paragraph 2 – point a
Amendment 829 #
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
Amendment 846 #
Proposal for a regulation
Article 58 – paragraph 1 a (new)
Article 58 – paragraph 1 a (new)
1a. Those varieties in particular which play a significant role in connection with climate change and the environment and/or regional markets or organic farming shall be deemed to have a satisfactory value for cultivation and/or use.
Amendment 854 #
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 thean expression of the 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. Variety and means of reproduction shall be recognised as distinguishing criteria.
Amendment 860 #
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 or to variation within the variety, it is sufficiently uniform in the expression of those characteristics which are included in the examination for distinctness, as well as in the expression of any other characteristics used for its official description.
Amendment 863 #
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 fundamentally unchanged after repeated reproduction or, in the case of cycles of reproduction, at the end of each such cycle. Variations within a variety which constitute adaptations to changed environmental conditions shall be accepted in the official examination.
Amendment 891 #
Proposal for a regulation
Article 64 – paragraph 4 – introductory part
Article 64 – paragraph 4 – introductory part
4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out specific rules concernuncil and Parliament may adopt under the ordinary legislative procedure provisions specifying the suitability of variety denominations. Those rules mayprovisions shall concern:
Amendment 897 #
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3
Amendment 913 #
Proposal for a regulation
Article 67 – paragraph 3
Article 67 – paragraph 3
Amendment 917 #
Proposal for a regulation
Article 68
Article 68
Amendment 924 #
Proposal for a regulation
Article 69 – paragraph 1 – point b
Article 69 – paragraph 1 – point b
Amendment 926 #
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
Amendment 949 #
Proposal for a regulation
Article 73
Article 73
Amendment 970 #
Proposal for a regulation
Article 74
Article 74
Amendment 1082 #
Proposal for a regulation
Article 97 – paragraph 1
Article 97 – paragraph 1
Amendment 1084 #
Proposal for a regulation
Article 97 – paragraph 2
Article 97 – paragraph 2
2. The level at which the fees are set pursuant to paragraph 1by the Member States shall reflect the principle of sound financial management to allow the Agency to maintain a balanced budget.
Amendment 1085 #
Proposal for a regulation
Article 97 – paragraph 2
Article 97 – paragraph 2
2. The level at which the fees are set pursuant to paragraph 1 shall reflect the principle of sound financial management to allow the Agency to maintain a balanced budget. Derogations or exemptions may be laid down for small undertakings or private individuals.
Amendment 1101 #
Proposal for a regulation
Part IV (Articles 105 to 139)
Part IV (Articles 105 to 139)
Amendment 1144 #
Proposal for a regulation
Article 144 – paragraph 1a (new)
Article 144 – paragraph 1a (new)
1a. Without prejudice to more detailed requirements laid down in this Regulation, the following Articles and Annexes shall continue to apply: (a) Articles 21 to 22 of, and Annexes I to V to the repealed Council Directive 66/401 EEC; (b) Articles 21 to 22 of, and Annexes I to V to the repealed Council Directive 66/402 EEC; (c) Articles 17 to 18 of, and Annexes I to IV to the repealed Council Directive 68/193 EEC; (d) Articles 16 to 18 and 24 of the repealed Council Directive 2002/53 EC; (e) Articles 27 to 29 of, and Annexes I to IV to the repealed Council Directive 2002/54 EC; (f) Articles 45 to 47 of, and Annexes I to V to the repealed Council Directive 2002/55 EC; (g) Articles 24 to 26 of, and Annexes I to III to the repealed Council Directive 2002/56 EC; (h) Articles 24 to 26 of, and Annexes I to V to the repealed Council Directive 2002/57 EC.