BETA

29 Amendments of Marc TARABELLA related to 2013/0137(COD)

Proposal for a regulation
Recital 27

(27) Plant reproductive material which is made available on the market only in limited quantities ~~by small producers~~and is in the public domain (“niche market plant reproductive material”) should be exempted from the requirement of belonging to a registered variety. That derogation is necessary to prevent undue constraints to the making available on the market of plant reproductive material, which is of lesser commercial interest, but is important for the maintenance of genetic diversity. However, it should be ensured that that derogation is not regularly used by a wide range of professional operators and it is only used by professional operators which cannot afford the costs and administrative burden of variety registration. This is important to avoid abuses of that derogation and to ensure the application of the rules of this Regulation. Therefore, niche market material should only be made available on the market by professional operators employing a small number of persons and with a small annual turnover.

2013/12/18
Committee: AGRI

Proposal for a regulation
Recital 43

(43) In order to facilitate the registration of varieties which serve at combating genetic erosion in the Union, Member States should ~~apply a reduced~~not charge any fees for varieties ~~with officially recognised description and for~~ in the public domain, whether~~ogeneous material. Such reduced fees should be sufficiently low as not to constitute a deterrent or a b~~ they are varrie~~r to the making available on the market of those va~~ties with an officially recognised descriepti~~es. In order to provide support to mic~~on or hetero-gen~~terprises, they should be fully exempted from the payment of fees~~eous material.

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) ~~intended solely for testing or scientific purposes~~obtained through open pollination and which is in the public domain;

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
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, w~~hether free of charge or not~~ith a view to the commercial exploitation of the plant reproductive material in question;

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
Article 3 – paragraph 1 – point 10 c (new)

(10c) ‘material or variety in the public domain’ means plant reproductive material which is not protected by any type of intellectual property right.

2013/12/18
Committee: AGRI

Proposal for a regulation
Article 8 a (new)

~~(See proposal for a Regulation of the European Parliament and of the Council on protective measures against pests of plants (COM(2013) 267 - 2013/0141 (COD)), Article 61: ‘Official~~Article 8a Articles 5, 7 and 8 shall not apply to operators producing or distributing exclusively niche plant reproductive material and/or heterogeneous material and/or varieties with an officially recognised description. Or. fr register of professional operators’)

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
Article 10 – point 4 a (new)

(4a) ‘heterogeneous material’ means material resulting from the crossing of two or more varieties, strains or other identified material and having common characteristics;

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
Article 10 – point 10 a (new)

(10a) ‘material or variety in the public domain’ means plant reproductive material which is not protected by any type of intellectual property right.

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
Article 12 – paragraph 4 – point b

(b) it is heterogeneous material in the meaning of Article 1~~4(3~~5a (new);

2013/12/18
Committee: AGRI

Proposal for a regulation
Article 14 – paragraph 3

~~[…]~~deleted

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
Article 14 a (new)

Article 14a 1. Article 56(2) shall not apply to plant reproductive material where all of the following conditions are fulfilled: (a) it does not comply with the definition of a variety within the meaning of Article 10, point 1; (b) it results from the crossing of two or more varieties, strains or other identified material and exposure of this stock to natural selection or mass selection over one or more successive generations; (c) it bears a denomination deemed suitable pursuant to Article 64; (d) it is labelled with the indication 'heterogeneous material'. This plant reproductive material is hereinafter referred to as 'heterogeneous material'. 2. The heterogeneous material may be registered in a national variety register on the basis of a description of the essential characteristics of the material, including the breeding methods, the parental material used and the production system for the plant reproductive material. The methods used to ensure the maintenance of the material and the name of the production region must also be communicated to the competent authority of the Member State. The registration shall give rise to the submission of standard samples, under conditions which do not jeopardise the economic feasibility of the registration or the making of the material available on the market. 3. The persons who produce heterogeneous material shall keep records of the quantities of the material produced and made available on the market, for each genus, species or type of material. On request, they shall make those records available to the competent authorities. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 140 to lay down requirements concerning traceability, lots, packaging and labelling of the heterogeneous material concerned. Those delegated acts shall be adopted by [Office of Publications, please insert date of application of this Regulation…]. They may be adopted for individual genera or species.

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
Article 18 – paragraph 2

2. Packages and containers shall be closed in such a way that they cannot be opened without damaging the closure and, in the case of packaging, without the packaging showing signs of tampering. These provisions shall not apply to the following plant reproductive material: (a) niche market plant reproductive material; (b) heterogeneous material; (c) varieties provided with an officially recognised description.

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
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~~;

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
Article 36 – paragraph 1 – point a a (new)

(aa) it is in the public domain;

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
Article 36 – paragraph 3 – point c

~~(c) modalities of making available on the market.~~deleted

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
Article 56 – paragraph 3 – introductory part

3. The requirements set out in paragraph 2(b) and (c) shall not apply to the following ~~varieties~~plant reproduction material:

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
Article 56 – paragraph 3 – point a a (new)

(aa) heterogeneous material;

2013/12/18
Committee: AGRI

Proposal for a regulation
Article 57 – paragraph 2 – point a

~~(a) it is produced in the region(s) of origin;~~deleted

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
Article 57 – paragraph 3

~~3. After the registration of a variety in a national variety register pursuant to paragraph 2(a), competent authorities may approve additional region(s) of origin for that variety.~~deleted

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
Article 57 – paragraph 4 – point a

(a) it is based, where available, on information from plant genetic resources authorities or from organisations recognised for that purpose by the Member States; ~~and~~or

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
Article 57 – paragraph 4 – point b

(b) it~~s accuracy is support~~ is based byon the results of previous official inspections or unofficial examinations or on knowledge gained from practical experience during cultivation, reproduction and use.

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
Article 60 – paragraph 2 – point c a (new)

(ca) the variety is in a reference collection or a precise description of it is available in a publication.

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
Article 64 – paragraph 1 – point f

(f) it is liable to mislead or to cause confusion concerning the characteristics, the value or the identity of the variety, or the identity of the breeder. In particular, it must be different from any denomination designating, in any of the Union’s Member States, a pre-existing variety of the same or a closely related botanical species.

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
Article 86 – paragraph 4

~~4. Varieties provided with an officially recognised description shall be maintained in their region(s) of origin.~~deleted

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
Article 88 – paragraph 1

1. In the case of varieties provided with an officially recognised description, no fees shall be charged for the actions referred to in ~~point (e) of~~ Article 87(1).

2013/12/18
Committee: AGRI

Eric ANDRIEU, Marc TARABELLA

Proposal for a regulation
Article 88 – paragraph 2

2. In the case of varieties provided with an officially recognised description, the competent authorities shall reduce the amount of the fee for the actions referred to in of points (a), (c), (d), and (f) of Article 87(1). That reduction shall take place in a manner to ensure that the fee does not constitute a barrier to the registration of the variety concerned.deleted

2013/12/18
Committee: AGRI

Proposal for a regulation
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 million shall be exempt~~The payment of fees shall not be required forom the ~~payment of the fees provided for in Article 87 and Article 88~~registration of varieties in the public domain.

2013/12/18
Committee: AGRI

Proposal for a regulation
Article 89 – paragraph 2 a (new)

2a. The payment of fees shall not be required for the registration of varieties or clones in the public domain.

2013/12/18
Committee: AGRI

Proposal for a regulation
Article 136 – paragraph 2

2. ~~Applicants employing fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed EUR 2 million shall be exempt~~The payment of fees shall not be required forom the ~~payment of the fees provided for in Article 135(1)~~registration of forest material in the public domain.

2013/12/18
Committee: AGRI