38 Amendments of Rareș-Lucian NICULESCU related to 2013/0137(COD)
Amendment 175 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) intended solely for, and maintained by, officially recognised gene banks, organisations and networks of conservation of genetic resources, or persons belonging to those organisations or networks;
Amendment 183 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) exchanged in kind in small quantities between persons other than professional operators. for their own needs, without prejudice to legislation on plant variety protection. Such exchanges in kind between persons may take place only once without the plant reproductive material being further transferred to any other person;
Amendment 259 #
Proposal for a regulation
Article 3 – point 6 – point f a (new)
Article 3 – point 6 – point f a (new)
(fa) propagation;
Amendment 270 #
Proposal for a regulation
Article 4
Article 4
Plant reproductive material shall be subject to no restrictions concerning its production and making available on the market, other than those laid down in this Regulation, in Directive 94/62/EC, Regulation (EC) No 338/97, Directive 2001/18/EC, Regulation (EC) No 1829/2003, Regulation (EC) No 1830/2003, Regulation (EC) No 1107/2009, Regulation (EU) No …/… [Office of Publication, please insert number of Regulation on protective measures against pests of plants] and in Union legislation restricting the production or making available on the market of invasive alien species.
Amendment 278 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
If, on the date of entry into force of this Regulation, the professional operators are already registered by the competent authority in registers other than those referred to above, those registers shall remain valid;
Amendment 282 #
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 and shall take responsibility for this.
Amendment 311 #
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, orchard and vineyard 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 314 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
In the case of forest, orchard and vineyard reproductive material, the respective period shall be ten years.
Amendment 325 #
Proposal for a regulation
Article 10 – point 3
Article 10 – point 3
(3) 'officially recognised description' means a description of a variety, which has been recognised by a competent authority, includes the specific characteristics of the variety, makes it identifiable and has been obtained by means other than examination of the variety's distinctiveness, uniformity and stability pursuant to the rules applicable at the time of registration of that variety in accordance withand meets the requirements laid down in Article 579;
Amendment 332 #
Proposal for a regulation
Article 10 – point 6
Article 10 – point 6
(6) 'pre-basic material' means plant reproductive material which is at the first step of production under official supervision and is intended for the production ofpre-basic material or other categories of plant reproductive material;
Amendment 335 #
Proposal for a regulation
Article 10 – point 7
Article 10 – point 7
(7) 'basic material' means plant reproductive material which has been produced from pre-basic or basic material, and is intended for the production of basic or certified material;
Amendment 338 #
Proposal for a regulation
Article 10 – point 8
Article 10 – point 8
(8) 'certified material" means plant reproductive material which has been produced from pre-basic or basic material, basic or certified material and is intended for the production of certified material or marketed for the production of cash crops;
Amendment 391 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 427 #
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, with the exception of varieties intended for ornamental purposes.
Amendment 428 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 596 #
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 652 #
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
1. In order to remove temporary difficulties in the general supply of plant reproductive material that may occur in a Member State, the competent authority of the Member State concerned may authorise the making available on the market of seed with a reduced germination rate, provided that such rate is reduced by less than 510% compared to the germination rate required pursuant to Article 16(2).
Amendment 745 #
Proposal for a regulation
Article 53 – paragraph 1 – point k
Article 53 – paragraph 1 – point k
(k) where applicable, a summary of the results of the examinations for satisfactory value for cultivation and/or use as referred to in Article 58, orand sustainable value for cultivation and/or use as referred to in Article 598.
Amendment 772 #
Proposal for a regulation
Article 56 – paragraph 2 – point c
Article 56 – paragraph 2 – 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 have a sustainable value for cultivation and/or use pursuant to Article 598.
Amendment 777 #
Proposal for a regulation
Article 56 – paragraph 4 – point c
Article 56 – paragraph 4 – point c
Amendment 842 #
Proposal for a regulation
Article 58 – title
Article 58 – title
Satisfactory and sustainable value for cultivation and/or use
Amendment 844 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. For the purpose of paragraph 2(b) of Article 56, varieties shall be deemed to have a satisfactory and sustainable value for cultivation and/or use if, compared to other varieties examined under similar agro-climatic conditions and similar production systems, their characteristics, taken as a whole, offer, at least as far as production in any region is concerned, susceptibility to pests, input of resources, susceptibility to undesirable substances or adaptation to divergent agro-climatic conditions, a clear improvement either for cultivation in general or for the specific uses which can be made of the crops or the products derived therefrom.
Amendment 847 #
Proposal for a regulation
Article 58 – paragraph 2 – subparagraph 1 – introductory part
Article 58 – paragraph 2 – subparagraph 1 – introductory part
Member States shall adopt rules concerning the examinations to determine the satisfactory and sustainable value for cultivation and/or use of the varieties to be registered in their national variety register. Those rules shall concern the characteristics of the varieties in one or more of the following areas:
Amendment 848 #
Proposal for a regulation
Article 58 – paragraph 2 – subparagraph 1 – point b a (new)
Article 58 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) resistance to pests;
Amendment 849 #
Proposal for a regulation
Article 58 – paragraph 2 – subparagraph 1 – point b b (new)
Article 58 – paragraph 2 – subparagraph 1 – point b b (new)
(bb) decreased content of undesirable substances;
Amendment 850 #
Proposal for a regulation
Article 58 – paragraph 2 – subparagraph 1 – point b c (new)
Article 58 – paragraph 2 – subparagraph 1 – point b c (new)
(bc) increased adaptation to divergent agro-climatic environment.
Amendment 904 #
Proposal for a regulation
Article 67 – paragraph 1 – point f
Article 67 – paragraph 1 – point f
(f) a description of the main characteristics of the variety and, if available, a completed technical questionnaire;
Amendment 909 #
Proposal for a regulation
Article 67 – paragraph 1 – point m
Article 67 – paragraph 1 – point m
(m) where applicable, a declaration that the variety has satisfactory value for cultivation and/or a use as referred to in Article 58(1) and/or sustainable value for cultivation and/ornd for sustainable use as referred to in Article 59(1)8.
Amendment 947 #
Proposal for a regulation
Article 72 – paragraph 1 – subparagraph 2 – point b
Article 72 – paragraph 1 – subparagraph 2 – point b
Amendment 999 #
Proposal for a regulation
Article 84 – paragraph 3 – point a
Article 84 – paragraph 3 – point a
(a) the variety continues complying with the requirements of Article 56, with the exception of provisions concerning satisfactory and sustainable value for cultivation and/or use under paragraph 2 (b) and (c) and, where applicable of Article 57;
Amendment 1004 #
Proposal for a regulation
Article 85 – paragraph 1 – point a
Article 85 – paragraph 1 – point a
(a) if the competent authority concludes, on the basis of any new evidence, that the requirements for registration, as set out in Article 56, with the exception of provisions concerning satisfactory and sustainable value for cultivation and/or use under paragraph 2 (b) and (c), are no longer fulfilled;
Amendment 1006 #
Proposal for a regulation
Article 85 – paragraph 1 – point d
Article 85 – paragraph 1 – point d
(d) if the person responsible for the maintenance of the variety, as referred to in Article 86(1), so requests, unless maintenance of the variety is assured by another person; the competent authority shall set a deadline for the applicant to find another person to maintain the variety;
Amendment 1009 #
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, to an officially recognised gene bank dedicated to the conservation of genetic resources, without prejudice to legislation on the protection of plant varieties.
Amendment 1016 #
Proposal for a regulation
Article 87 – paragraph 1 – introductory part
Article 87 – paragraph 1 – introductory part
1. The cCompetent authorities shall charge fees to recover the necessary costs incurred for the following actions:
Amendment 1023 #
Proposal for a regulation
Article 87 – paragraph 1 – point f a (new)
Article 87 – paragraph 1 – point f a (new)
(fa) the audit referred to in Article 72.
Amendment 1024 #
Proposal for a regulation
Article 87 – paragraph 2
Article 87 – paragraph 2
2. The actions referred to in paragraph 1 shall only be carried out on demand submitted by the applicant to the competent authority, and after the respective fees have been paid. The demand shall be deemed not to have been made, if the fees have not been paid within one month from the date on which the competent authority requested payment of the fees and indicated in that request the consequences of the failure to pay.
Amendment 1025 #
Proposal for a regulation
Article 87 – paragraph 3
Article 87 – paragraph 3
3. The Commission shall be empowered to adopt delegatedimplementing acts, in accordance with the procedure referred to in Article 1401, setting out the specific cost items to be covered pursuant to paragraph 1(a) to (f).
Amendment 1035 #
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 million100 000 shall be exempted from the payment of the fees provided for in Article 87 and Article 88.