[ParlTrack]

Proposal for a regulation
Title 0

~~REGULATION OF~~ THE EUROPEAN PARLIAMENT ~~AND OF THE COUNCIL O~~rejects the Commission proposal on the production and making available on the market of plant reproductive material (plant reproductive material law) (Text with EEA relevance)

2013/12/20
Committee: ENVI

João FERREIRA

Proposal for a regulation
Recital 1 – introductory part

(1) The following Directives set out rules for the production and marketing of seeds and propagating material of agricultural crops, vegetables, vine, fruit plants~~, forest~~ and reproductive material ~~and~~of ornamental plants:

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Recital 1 – point e

~~(e) Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material6; __________________ 6~~deleted OJ L 11, 15.1.2000, p. 17.

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
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~~.

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Recital 45

(45) Forests cover a large area of the Union and fulfil social, economic, environmental, ecological and cultural functions. There is, therefore, a need for specific approaches and actions for the different types of forests, considering the wide range of conditions characterising the forests in the Union.deleted

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Recital 46

(46) Forest reproductive material of tree species and artificial hybrids which are important for forestry purposes should be genetically suited to local conditions and of high quality. The conservation and enhancement of biodiversity of forests, including the genetic diversity of the trees, are essential to sustainable forest management.deleted

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Recital 47

(47) Requirements should be set for forest reproductive material as regards basic material, categories under which the material may be made available on the market, lots, labelling, small packages, to ensure the appropriate quality and marketing standards, and to adapt to the technical and scientific developments of the sector.deleted

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Recital 48

(48) In order to ensure flexibility and adaptation to particular circumstances, derogations should be provided, under conditions, for the production and making available on the market of forest reproductive material. Those derogations should concern the possibility for Member States to adopt more stringent requirements, the case of temporary difficulties of supply, the need of making seed rapidly available on the market, the conduct of temporary experiments and the adoption of emergency measures.deleted

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Recital 49

(49) In order to serve the interest of conservation and sustainable use of forestry plant genetic resources, Member States should be allowed to adopt less stringent requirements on forest reproductive material which is naturally adapted to the local and regional conditions and threatened by genetic erosion.deleted

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Recital 50

(50) The competent authorities should charge fees for the registration/approval of basic forest material and the issuance of master certificates for the forest material derived from registered/approved basic forest material. This would be necessary to ensure the necessary resources for the certification of forest reproductive material, and that the main beneficiaries of that certification bear the respective costs. In order to provide support to micro-enterprises, they should be fully exempted from the payment of fees. The rules concerning those fees should be set out in this Regulation, as they concern the effective production, registration and making available on the market of forest reproductive material.deleted

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Recital 55

(55) In order to ensure that plant reproductive material of listed genera or species~~, and certain types of forest reproductive material,~~ fulfils the highest possible identity, quality and health requirements, as appropriate for the characteristics of the genera, species or categories concerned, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of adopting production and quality requirements, and certification schemes, for those genera or species~~, and in respect of adopting quality requirements for making available on the market specific parts of plants and planting stock of species and artificial hybrids of forest reproductive material~~.

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Recital 76

(76) In order to ensure that the exemption of small quantities of seeds of forest reproductive material, from the information requirements concerning germination or viability, is applied in a proportionate manner, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of setting out the maximum quantities of those small quantities for particular types of forest reproductive material.deleted

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Recital 79 – point a

(a) authorisation of Member States to adopt more stringent requirements than those adopted pursuant to this Regulation concerning plant reproductive material of listed genera or species ~~and forest reproductive material of listed species and artificial hybrids~~,

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Recital 79 – point i

~~(i) the form of national lists concerning forest reproductive material,~~deleted

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Recital 79 – point j

~~(j) the format of the notification of inclusion of forest reproductive material in the national list, an~~deleted

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Recital 79 – point k

~~(k) the format of master certificates for forest reproductive material.~~deleted

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

Professional operators producing plant reproductive material, other than farmers producing plant reproductive material on their own farm, on their own behalf, and for their own benefit, shall:

2013/12/20
Committee: ENVI

João FERREIRA

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1

In the case of plant reproductive material, other than forest reproductive material, professional operators, other than farmers exchanging seeds from their own farm on their own behalf and for their own benefit, 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. This provision shall not apply to plant reproductive material not listed in accordance with Title IV or to heterogeneous material as referred to in Article 14(3).

2013/12/20
Committee: ENVI

João FERREIRA

Proposal for a regulation
Article 11 – paragraph 1 – point a

(a) they represent a significant area of production exceeding 0.1% of the total Union agricultural area;

2013/12/20
Committee: ENVI

João FERREIRA

Proposal for a regulation
Article 11 – paragraph 1 – point b

(b) they represent a significant ~~value of~~area of production, exceeding 0.1% of the total value of Union agricultural production;

2013/12/20
Committee: ENVI

João FERREIRA

Proposal for a regulation
Article 11 – paragraph 1 – point c

(c) they are ~~produced or~~ made available on the market by ~~a significant number of~~more than 100 professional operators in the Union;

2013/12/20
Committee: ENVI

João FERREIRA

Proposal for a regulation
Article 12 – paragraph 1 – introductory part

1. POperators shall decide whether to make plant reproductive material available on the market as standard material or as certified material. In the case of certified materials, the plant reproductive material may only be produced and made available on the market, under one of the following categories:

2013/12/20
Committee: ENVI

João FERREIRA

Proposal for a regulation
Article 12 – paragraph 2

2. Plant reproductive material may not be produced and made available on the market as standard material, if it belongs to genera or species for which the costs and certification activities necessary to produce and make available on the market plant reproductive material as pre- basic, basic and certified material are proportionate: (a) to the purpose of ensuring food and feed security; and (b) to the higher level of identity, health and quality of the plant reproductive material which result from the fulfilment of the requirements for pre-basic, basic and certified material compared to those for standard material.deleted

2013/12/20
Committee: ENVI

João FERREIRA

Proposal for a regulation
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, with a view to commercial exploitation:

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 19 – paragraph 1

1. Pre-basic, basic or certified material ~~shall~~may be certified and identified through an official label (‘official label’).

2013/12/20
Committee: ENVI

João FERREIRA

Proposal for a regulation
Article 3 – point 6 – paragraph 1 a (new)

Farmers who exchange seeds from their own farm, on their own account, are not professional operators.

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 3 – point 9

~~(9) 'forest reproductive material' means plant reproductive material intended for forestry purposes;~~deleted

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 7 – introductory part

Professional operators producing plant reproductive material, with the exception of farmers producing plant reproductive material from their own farm on their own behalf and on their own account, shall:

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 8 – paragraph 1

1. Professional operators, with the exception of farmers who exchange seeds from their own farm on their behalf and on their own account, shall ensure that plant reproductive material is traceable at all stages of production and making available on the market.

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1

For the purpose of paragraph 1, with the exception of farmers producing plant reproductive material from their own farm on their own behalf and on their own account, professional operators shall keep information allowing them to identify the persons to whom they have supplied plant reproductive material and the material concerned, unless that material has been supplied in retail.

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 8 – paragraph 4

4. 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. In the case of forest reproductive material, the respective period shall be ten years.deleted

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 8 – paragraph 4 a (new)

(4a) This provision shall not apply to plant propagating material not listed in accordance with Title IV, or to heterogeneous material as specified in Article 14(3).

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
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.

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 10 – point 5

(5) 'variety maintenance' means the actions to ensure that a variety remains consistent with its ~~desc~~characteripstioncs of use;

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 50

Article 50 Making available on the market with reference to varieties 1. Plant reproductive material shall be made available on the market with reference to a variety only in one or more of the following cases: (a) the variety is legally protected by a plant variety right in accordance with the provisions of Regulation (EC) No 2100/94 or in accordance with national provisions; (b) the variety is registered in a national variety register as referred to in Article 51 or in the Union variety register as referred to in Article 52; (c) the variety has been entered in any other public or private list with an official or officially recognised description and a denomination. 2. Plant reproductive material made available on the market pursuant to points (a) and (b) of paragraph 1 shall bear the same variety denomination in all Member States. 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 recognised description and a denomination 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.deleted

2014/02/07
Committee: ENVI

João FERREIRA

Proposal for a regulation
Article 56 – paragraph 1 – introductory part

1. VAn operator may decide to apply for an official, or officially recognised, description for registration purposes. In that event, varieties ~~may~~shall be registered in a national variety register pursuant to Chapter IV, or in the Union variety register pursuant to Chapter V, only if they fulfil the following requirements:

2014/02/07
Committee: ENVI

João FERREIRA

Proposal for a regulation
Article 11 – paragraph 1 – point a

(a) they represent a significant area of production, more than 0.1% of the European Union's total agricultural area;

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 11 – paragraph 1 – point b

(b) they represent a significant value of production, more than 0.1% of the total value of the European Union's agricultural production;

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 11 – paragraph 1 – point c

(c) they are ~~produced or~~ made available on the market by ~~a significant number of~~more than 100 professional operators in the Union;

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 12 – paragraph 2

2. Plant reproductive material may not be produced and made available on the market as standard material, if it belongs to genera or species for which the costs and certification activities necessary to produce and make available on the market plant reproductive material as pre- basic, basic and certified material are proportionate: (a) to the purpose of ensuring food and feed security; and (b) to the higher level of identity, health and quality of the plant reproductive material which result from the fulfilment of the requirements for pre-basic, basic and certified material compared to those for standard material.deleted

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 12 – paragraph 3

~~3. The Commission shall be empowered to adopt~~ delegated ~~acts, in accordance with Article 140, listing the genera or species whose plant reproductive material may not be placed on the market as standard material, as referred to in paragraph 2.~~

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 12 – paragraph 4

4. By way of derogation to paragraph 2 and 3, plant reproductive material shall only be produced and made available on the market as standard material if one or more of the following cases apply: (a) it belongs to a variety provided with an officially recognised description; (b) it is heterogeneous material in the meaning of Article 14(3); (c) it is niche market material in the meaning of Article 36(1).deleted

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 13 – paragraph 1 – point a

(a) the registration requirements set out in Section 2, with the exception of standard material;

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 13 – paragraph 2

2. Paragraph 1(b) shall not apply to ~~production~~ requirements of plant reproductive material referred to in Article 14(3) and Article 36.

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 15

Article 15 Requirement to belong to registered clones Plant reproductive material belonging to a clone may be produced and made available on the market only if that clone is registered in a national variety register referred to in Article 51 or in the Union variety register referred to in Article 52.deleted

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 16 – paragraph 1

1. ~~Plant reproductive~~Seed and potato seed material shall be produced 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.

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 19 – paragraph 1

1. Pre-basic, basic or certified material ~~shall~~may be certified and identified through an official label ('official label').

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 19 – paragraph 5 a (new)

5a. This article shall under no circumstances prevent the use of national or private labels and certification schemes.

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 20 – paragraph -1 (new)

-1. This article shall apply to potatoes and to species which are grown on more than 5% of the total agricultural area in the Union. These species are listed in Annex Ia.

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
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 ~~complie~~is wfit~~h the production and quality requirements as referred to in Article 16~~ for purpose and the properties of the plant reproductive material comply with the indications on the label.

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 29 – paragraph 2 a (new)

2a. These requirements shall not apply to local circulation of plant reproductive material.

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 36 – paragraph 1 – point a

(a) it is ~~made available on the market~~produced 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

João FERREIRA

Proposal for a regulation
Article 36 – paragraph 3

~~3. The Commission shall be empowered to adopt~~ delegated acts, in accordance with Article 140, setting out, with regard to the production and making available on the market of niche material belonging to particular genera or species, one or more of the following: (a) the maximum size of packages, containers or bundles; (b) requirements concerning traceability, lots and labelling of the niche market material concerned. (c) modalities of making available on the market.

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 42 a (new)

Article 42a Local circulation Small producers making available plant reproductive material only on the local market for local circulation shall be excluded from the obligations under this legislation.

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Article 50

~~[…]~~deleted

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
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~~;

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
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).

2013/12/18
Committee: AGRI

João FERREIRA

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

João FERREIRA

Proposal for a regulation
Article 67 – paragraph 1 – point m a (new)

(ma) where applicable, an indication that the variety has been cultivated using non- traditional breeding methods, including a list of all the methods used to obtain that variety.

2013/12/18
Committee: AGRI

João FERREIRA

Proposal for a regulation
Annex III – Part A – point n e (new)

(ne) the indication of all non-traditional breeding methods used for the plant reproductive material.

2013/12/18
Committee: AGRI

60 Amendments of João FERREIRA related to 2013/0137(COD)

ParlTrack - 2011-2024