41 Amendments of Christel SCHALDEMOSE related to 2013/0137(COD)
Amendment 122 #
Proposal for a regulation
Recital 24
Recital 24
(24) For the preservation of the natural environment in the context of the conservation of genetic resources, it is desirable to allow the mixture of plant reproductive material belonging to listed genera or species with non-listed genera or species. Those mixtures should be permitted only if their composition is naturally linked to a certain region. In order to ensure transparency and better control concerning the quality of the mixtures concerned, the production and making available on the market of those mixtures should be subject to the authorisation by the competent authorities.
Amendment 127 #
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 hasThe Union is a party to both the International Treaty on Plant Genetic Resources for Food and Agriculture and to the Convention on Biological Diversity and have in the context of these committed to maintain the genetic diversity of cultivated plants, and oftheir wild relatives, and to minimisze genetic erosion. That commitment complements the objective of the Union to halt biodiversity loss by 2020. 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 and to maintain farmers' right to save, use, exchange and sell farm-saved seed/propagating material.
Amendment 161 #
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 163 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Specific responsibilities of professional operators producing plant reproductive material
Amendment 165 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
Professional operators producing plant reproductive material shall:
Amendment 169 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Professional operators shall ensure that plant reproductive material is traceable at all stages of production andthe entry and exit of each operator's premises involved in its making available on the market.
Amendment 179 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
This Part shall apply to the production, with a view to making available on the market, and to the making available on the market of plant reproductive material other than forest reproductive material.
Amendment 180 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) maintended solely for, and maintainained and provided by, gene banks, organisations and networks of conservation of genetic resources, or persons belonging to those organisations or networks;
Amendment 188 #
Proposal for a regulation
Part III – title II
Part III – title II
Amendment 189 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. This Title shall apply to the production and making available on the market of plant reproductive material belonging to genera and species which comply with one or more of the following criteria:
Amendment 213 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 215 #
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 223 #
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 263 #
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 265 #
Proposal for a regulation
Article 27 – title
Article 27 – title
Notification of the intended production and certificationcertification with official label of pre-basic, basic and certified material
Amendment 277 #
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 and quality requirements referred to in Article 16(2), and with 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 279 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. If it is repeatedly found, during the post certification tests, that a professional operator produces or makes available on the market plant reproductive material which does not comply with the quality requirements referred to in Article 16(2), or with the certification schemes referred to in Article 20, the provisions of Article 26(2) shall apply.
Amendment 284 #
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 286 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Specific responsibilities of professional operators producing plant reproductive material
Amendment 290 #
Proposal for a regulation
Article 7 – introductory part
Article 7 – introductory part
Professional operators producing plant reproductive material shall:
Amendment 296 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Professional operators shall ensure that plant reproductive material is traceable at all stages of production andthe entry and exit of each operator's premises involved in its making available on the market.
Amendment 299 #
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 marketproduced 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 315 #
Proposal for a regulation
Article 40 a (new)
Article 40 a (new)
Article 40a Maintenance of a fair national market Member States may adopt emergency measures, by means of national legislation, in the following situations. 1. Measures are needed to ensure proportionality and subsidiarity; 2. Measures are needed to ensure the availability of rare and traditional plant reproductive materials on the market; 3. Measures are needed to protect the environment or presence of agricultural biodiversity; 4. Measures are needed to protect indigenous rights and traditional ways of life. Member States shall notify the Commission and the other Member States of each measure adopted pursuant to this Article.
Amendment 321 #
Proposal for a regulation
Article 9
Article 9
This Part shall apply to the production, with a view to making available on the market, and to the making available on the market of plant reproductive material other than forest reproductive material.
Amendment 352 #
Proposal for a regulation
Part III – Title II
Part III – Title II
Amendment 353 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. This Title shall apply to the production and making available on the market of plant reproductive material belonging to genera and species which comply with one or more of the following criteria:
Amendment 385 #
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) to the purpose of ensuring food and feed security; andor
Amendment 408 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 411 #
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 426 #
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 455 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 3
Article 14 – paragraph 3 – subparagraph 3
Those delegated acts shall be adopted by [Office of Publications, please insert date of application of this Regulation…]. They may be adopted per particular genera or species, except for genera and species already marketed as populations and mainly in mixtures, as is the case for grass and clover. Material protected by plant variety right, patented, or genetically modified can not be marketed as heterogeneous plant material.
Amendment 517 #
Proposal for a regulation
Article 22 – introductory part
Article 22 – introductory part
The official labels shall be produced and/or affixed by:
Amendment 534 #
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 shallcan 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 535 #
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 536 #
Proposal for a regulation
Article 27 – title
Article 27 – title
Notification of the intended production and certificationcertification with official label of pre-basic, basic and certified material
Amendment 557 #
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 and quality requirements referred to in Article 16(2), and with 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 558 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. If it is repeatedly found, during the post certification tests, that a professional operator produces or makes available on the market plant reproductive material which does not comply with the quality requirements referred to in Article 16(2), or with the certification schemes referred to in Article 20, the provisions of Article 26(2) shall apply.
Amendment 608 #
Proposal for a regulation
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
(a) it is made available on the marketproduced 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 671 #
Proposal for a regulation
Article 40 a (new)
Article 40 a (new)
Article 40a Maintenance of a fair national market Member States may adopt emergency measures, by means of national legislation, under the following situations. 1. Measures are needed to ensure proportionality and subsidiarity; 2. Measures are needed to ensure the availability of rare and historical plant reproductive materials on the market; 3. Measures are needed to protect the environment or presence of agricultural biodiversity; 4. Measures are needed to protect indigenous rights and traditional ways of life. Member States shall notify the Commission and the other Member States of each Measure adopted pursuant to this Article.
Amendment 712 #
Proposal for a regulation
Article 50 – paragraph 1 – point c
Article 50 – paragraph 1 – point c
(c) the variety has been entered in any other public or private list with an official or officially recognis detailed description and a denominationcommonly known name.
Amendment 720 #
Proposal for a regulation
Article 50 – paragraph 2 – subparagraph 2
Article 50 – paragraph 2 – subparagraph 2
Where the variety is not protected by a plant variety right or registered pursuant to Title IV, as referred to in points (a) and (b) of paragraph 1, but has been entered in a public or private list with an official or officially recognis detailed description and a denominationcommonly known name as referred to in points (b) and (c) of that paragraph, the professional operator may request the advice of the Agency concerning the suitability of the denomination pursuant to the provisions of Article 64. Following that request, the Agency shall submit to the applicant a recommendation on the suitability of the variety denomination, as requested by the applicant, taking into account the requirements set out in Article 64.