BETA

Activities of Karin KADENBACH related to 2013/0137(COD)

Plenary speeches (1)

Production and making available on the market of plant reproductive material (plant reproductive material law) (debate)
2016/11/22
Dossiers: 2013/0137(COD)

Shadow reports (1)

REPORT on the proposal for a regulation of the European Parliament and of the Council on the production and making available on the market of plant reproductive material (plant reproductive material law) PDF (156 KB) DOC (77 KB)
2016/11/22
Committee: AGRI
Dossiers: 2013/0137(COD)
Documents: PDF(156 KB) DOC(77 KB)

Amendments (451)

Amendment 75 #
Proposal for a regulation
Title 0
The Committee on environment, public health and food safety calls on the Committee on agriculture and rural development, as the committee responsible, to reject the Commission proposal.
2013/12/20
Committee: ENVI
Amendment 77 #
Proposal for a regulation
Title 0
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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
Amendment 79 #
Proposal for a regulation
Title 0
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL On the production and making available on the market of plant reproductive material (plant reproductive material law) (Text with EEA relevance) (This amendment applies throughout the whole text. Adopting it will necessitate corresponding changes throughout the text)
2013/12/20
Committee: ENVI
Amendment 82 #
Proposal for a regulation
Recital 2
(2) The basic objective of the above Directives is sustainable agricultural, horticultural and forestry production. In order to ensure productivity, the health, quality and diversity of plant reproductive material is of outmost importanceTo this end, these Directives regulate the making available on the market of plant reproductive material aimed at commercial exploitation. In order to ensure productivity, and a certain quality of plant reproductive material legislation on the marketing of plant reproductive material could be useful 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.
2013/12/20
Committee: ENVI
Amendment 85 #
Proposal for a regulation
Recital 3
(3) EAgriculture faces new environmental challenges including climate change and loss of biodiversity. The legislation needs to take better into account this current situation as well as consumers' changes in terms of consumption. In addition, evolution in the areas of agriculture, horticulture, forestry, plant breeding and making available on the market of plant reproductive material has shown that the legislation needs to be simplified and further adapted to the developments of the sector. Therefore, the above Directives should be replaced by a single Regulation on the production, with a view to making available on the market, and the making available on the market, of plant reproductive material within the Union.
2013/12/20
Committee: ENVI
Amendment 86 #
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 transactionsconcise to cover all forms of transactions aiming at commercial exploitation of plant reproductive material. That definition should include inter alia persons concluding volume sales through distance contracts (e.g. electronically) and persons who collect basic forest material. Taking into consideration the principle of proportionality non-professionals and farmers exchanging seeds between each other or with individuals should not be considered as "making plant reproductive material available on the market". Farmers exchanging seeds from their own farm on their own behalf and for their own account should not be regarded as professional operators.
2013/12/20
Committee: ENVI
Amendment 91 #
Proposal for a regulation
Recital 9
(9) In order to ensure transparency and more effective controls on the production and making available on the market of plant reproductive material aimed at commercial exploitation, professional operators shcould be registered. Farmers should not be considered as professional operators. However, in order to reduce the administrative burden for professional operators, by allowing them to register only once in a single register, it is appropriate that they register in the public registers established by the Member States pursuant to Regulation (EU) No …/….../... (Office of Publication, please insert number of Regulation on protective measures against pests of plants).
2013/12/20
Committee: ENVI
Amendment 93 #
Proposal for a regulation
Recital 13
(13) In order to ensure transparency and enable informed choices by consumers, plant reproductive material belonging to listed genera and species should only be produced or made available on the market under predefined categories. Those categories should reflect different quality levels and production stages and be named 'pre-basic', 'basic', 'certified' and 'standard’,'. This should however under no circumstances prevent the use of national or private labels and certification schemes.
2013/12/20
Committee: ENVI
Amendment 93 #
Proposal for a regulation
The European Parliament rejects the Commission proposal.
2013/12/18
Committee: AGRI
Amendment 95 #
Proposal for a regulation
Recital 14
(14) In ordOper ato ensure the widest possible availability of plant reproductive material and choices by its users, professional operators should, in principle, be able to make available on the market plant reproductive material belonging to listed genera or species under any of the categories. However, in order to ensure food and feed security, and to achieve a high level of identity, quality and health of plant reproductive material, plant reproductive material should not be made available on the market as standard material if the certification costs are proportionate to those objectivesrs take the decision to make available on the market plant reproductive material as standard material or as material undergoing certification.
2013/12/20
Committee: ENVI
Amendment 96 #
Proposal for a regulation
Recital 16
(16) In order to allow for informed choices by users concerning its identity and characteristics, plant reproductive material belonging to listed genera and species should only be produced andmay be made available on the market if it belongs to varieties registered in national variety registers or in the Union variety register.
2013/12/20
Committee: ENVI
Amendment 97 #
Proposal for a regulation
Recital 27
(27) Plant reproductive material which is made available on the market only in limited quantitiesproduced by small producers (‘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 toand to allow the development of 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.
2013/12/20
Committee: ENVI
Amendment 99 #
Proposal for a regulation
Recital 31
(31) In order to ensure that all varieties have access to registration and are subject to common rules and conditions rules should be established for the registration of varieties and shouldmay apply to varieties of listed genera or species as well as to varieties of non-listed species.
2013/12/20
Committee: ENVI
Amendment 99 #
Proposal for a regulation
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL On the production and making available on the market of plant reproductive material (plant reproductive material law) (Text with EEA relevance)
2013/12/18
Committee: AGRI
Amendment 100 #
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 reproductive material and ornamental plants:
2013/12/18
Committee: AGRI
Amendment 102 #
Proposal for a regulation
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. In that context, certain varietiesplant reproductive material 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.
2013/12/20
Committee: ENVI
Amendment 102 #
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 ; __________________ 6deleted OJ L 11, 15.1.2000, p. 17.
2013/12/18
Committee: AGRI
Amendment 103 #
Proposal for a regulation
Recital 37
(37) However, the varieties registered on the basis of an officially recognised description should be produced in the region where they have been historically grown and adapted, to ensure their authenticity and their added value for the conservation of genetic diversity and the protection of the environment. Therefore, they should only be included in national variety registers. For the same reason, those varieties should have been available on the market and/or collected e.g. in gene banks before the entry into force of this Regulation, or, should have been deleted for more than five years from the national variety register or Union variety register, in case they have been registered there on the basis of a technical examination concerning their distinctness, uniformity and stability.deleted
2013/12/20
Committee: ENVI
Amendment 105 #
Proposal for a regulation
Recital 2
(2) The basic objective of the above Directives is sustainable agricultural, and horticultural and forestry production. 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.
2013/12/18
Committee: AGRI
Amendment 106 #
Proposal for a regulation
Recital 43
(43) In order to facilitate the registration of varietiesplant reproductive material which serves at combating genetic erosion in the Union, Member States should apply a reduced fee for varieties with officially recognised description and for heterogeneous material. Such reduced fees should be sufficiently low as not to constitute a deterrent or a barrier to the making available on the market of those varieties. In order to provide support to micro-enterprises, they should be fully exempted from the payment of fees.
2013/12/20
Committee: ENVI
Amendment 106 #
Proposal for a regulation
Recital 2
(2) The basic objective of the above Directives is sustainable agricultural, horticultural and forestry production. In order to ensure productivity, the health, quality and diversityand a certain quality of plant reproductive material, a legislation on the marketing of plant reproductive material is of outmost importancecould be useful 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.
2013/12/18
Committee: AGRI
Amendment 107 #
Proposal for a regulation
Recital 44
(44) In order to protect the commercial interests and intellectual property of professional operators, the results of the examination and the description of the genealogical components should be treated as confidential until the variety is finally registered, if the breeder so requests. For the sake of transparency, all descriptions of varieties listed in the national variety registers or in the Union variety register should be made publicly available.
2013/12/20
Committee: ENVI
Amendment 107 #
Proposal for a regulation
Recital 3
(3) Evolution in the areas of agriculture, horticulture, forestry, plant breeding and making available on the market of plant reproductive material has shown that the legislation needs to be simplified and further adapted to the developments of the sector. Therefore, the above Directives should be replaced by a single Regulation on the production, with a view to making available on the market, and the making available on the market, of plant reproductive material within the Union.
2013/12/18
Committee: AGRI
Amendment 108 #
Proposal for a regulation
Recital 3
(3) EAgriculture faces new environmental challenges including climate change and loss of biodiversity. The legislation needs to take better into account this current situation as well as consumers' changes in terms of consumption. In addition, evolution in the areas of agriculture, horticulture, forestry, plant breeding and making available on the market of plant reproductive material has shown that the legislation needs to be simplified and further adapted to the developments of the sector. Therefore, the above Directives should be replaced by a single Regulation on the production, with a view to making available on the market, and the making available on the market, of plant reproductive material within the Union.
2013/12/18
Committee: AGRI
Amendment 109 #
Proposal for a regulation
Recital 79 – point k a (new)
(ka) adoption of a list of genera and species which, after having collected scientific evidence proving that a species requires special considerations concerning its making available on the market, shall fulfil the obligations provided for in Annex II.
2013/12/20
Committee: ENVI
Amendment 109 #
Proposal for a regulation
Recital 3
(3) Evolution in the areas of agriculture, horticulture, forestry, plant breeding and making available on the market of plant reproductive material has shown that the legislation needs to be simplified and further adapted to the developments of the sector. Therefore, the above Directives should be replaced by a single Regulation on the production, with a view to making available on the market, and the making available on the market, of plant reproductive material within the Union.
2013/12/18
Committee: AGRI
Amendment 110 #
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. Farmers exchanging seeds from their own farm on their own behalf and for their own account should not be regarded as professional operators.
2013/12/18
Committee: AGRI
Amendment 111 #
Proposal for a regulation
Recital 82
(82) Since the objective of this Regulation, namely to establish the rules concerning production and making available on the market of plant reproductive material to ensure quality of the material and informed choices for the users, cannot be sufficiently achieved by the Member States and can therefore, by reason of its effect, complexity, trans-border and international character,, can be better achieved at Union lLevel, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not exceed what is necessary in order to achieve that objective,
2013/12/20
Committee: ENVI
Amendment 111 #
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
Amendment 112 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
This RegulationDirective lays down rules on: (This amendment applies throughout the whole text.)
2013/12/20
Committee: ENVI
Amendment 113 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) the production, with a view to making available on the market, of plant reproductive material; andeleted
2013/12/20
Committee: ENVI
Amendment 114 #
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 transactionsconcise to cover all forms of transactions aiming at commercial exploitation 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
Amendment 115 #
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 volume sales through distance contracts (e.g. electronically) and persons who collect basic forest material. By concern of proportionality, non-professionals and farmers exchanging seeds between each other or with individuals should not be considered as "making plant reproductive material available on the market".
2013/12/18
Committee: AGRI
Amendment 117 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
(d) exchanged in kind betweenbetween persons other than professional operators, or between professional operators and persons other than professional operators.
2013/12/20
Committee: ENVI
Amendment 117 #
Proposal for a regulation
Recital 9
(9) In order to ensure transparency and more effective controls on the production and making available on the market of plant reproductive material aimed at commercial exploitation, professional operators shcould be registered. However, in order to reduce the administrative burden for professional operators, by allowing them to register only once in a single register, it is appropriate that they register in the public registers established by the Member States pursuant to Regulation (EU) No …/… (Office of Publication, please insert number of Regulation on protective measures against pests of plants).
2013/12/18
Committee: AGRI
Amendment 118 #
Proposal for a regulation
Recital 9
(9) In order to ensure transparency and more effective controls on the production and making available on the market of plant reproductive material, professional operators should be registered. Farmers should not be considered as professional operators. However, in order to reduce the administrative burden for professional operators, by allowing them to register only once in a single register, it is appropriate that they register in the public registers established by the Member States pursuant to Regulation (EU) No …/… (Office of Publication, please insert number of Regulation on protective measures against pests of plants).
2013/12/18
Committee: AGRI
Amendment 120 #
Proposal for a regulation
Recital 13
(13) In order to ensure transparency and enable informed choices by consumers, plant reproductive material belonging to listed genera and species should only be produced or made available on the market under predefined categories. Those categories should reflect different quality levels and production stages and be named ‘pre-basic’, ‘basic’, ‘certified’ and ‘standard’,. This should however under no circumstances prevent the use of national or private labels and certification schemes.
2013/12/18
Committee: AGRI
Amendment 123 #
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
(da) produced by farmers on their own farm, on their own behalf and on their own account.
2013/12/20
Committee: ENVI
Amendment 125 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
(2) ‘plant reproductive material’ means seed and other propagating material; (2a) 'seed' means seeds of plants intended for cultivation; (2b) 'other propagating material' means parts of plant(s) capable of, and intended for, producing entire plants;
2013/12/20
Committee: ENVI
Amendment 129 #
Proposal for a regulation
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 a professional operator and aimed at commercial exploitation, whether free of charge or not;
2013/12/20
Committee: ENVI
Amendment 131 #
Proposal for a regulation
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 aimed at commercial exploitation:
2013/12/20
Committee: ENVI
Amendment 133 #
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
Amendment 135 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point a
(a) producing;deleted
2013/12/20
Committee: ENVI
Amendment 135 #
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
Amendment 137 #
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
Amendment 139 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point b
(b) breeding;deleted
2013/12/20
Committee: ENVI
Amendment 139 #
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
Amendment 141 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point c
(c) maintaining;deleted
2013/12/20
Committee: ENVI
Amendment 141 #
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
Amendment 143 #
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
Amendment 144 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point d
(d) providing services;deleted
2013/12/20
Committee: ENVI
Amendment 146 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point e
(e) preserving, including storing; andeleted
2013/12/20
Committee: ENVI
Amendment 146 #
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.deleted
2013/12/18
Committee: AGRI
Amendment 149 #
Proposal for a regulation
Recital 74
(74) In order to ensure a comprehensive submission of information for particular categories or species of forest reproductive material, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of setting out conditions under which the operator's label be supplemented by another document produced by the professional operator.deleted
2013/12/18
Committee: AGRI
Amendment 150 #
Proposal for a regulation
Recital 75
(75) In order to avoid risks in relation to quality and health of the forest reproductive material concerned, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of supplementing the requirements set out in this Regulation concerning clones and clonal mixtures, by determining the maximum number of years or the maximum number of ramets to which the approval of clones or clonal mixtures should be restricted.deleted
2013/12/18
Committee: AGRI
Amendment 151 #
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
Amendment 153 #
Proposal for a regulation
Recital 77
(77) In order to ensure that the cost items for the fees charged by the competent authorities on the registration of approved basic forest material and the issuance of master certificates are appropriate to the conducted work and updated, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of setting out those items.deleted
2013/12/18
Committee: AGRI
Amendment 155 #
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
Amendment 157 #
Proposal for a regulation
Recital 79 – point i
(i) the form of national lists concerning forest reproductive material,deleted
2013/12/18
Committee: AGRI
Amendment 159 #
Proposal for a regulation
Recital 79 – point j
(j) the format of the notification of inclusion of forest reproductive material in the national list, andeleted
2013/12/18
Committee: AGRI
Amendment 161 #
Proposal for a regulation
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.
2013/12/20
Committee: ENVI
Amendment 161 #
Proposal for a regulation
Recital 79 – point k
(k) the format of master certificates for forest reproductive material.deleted
2013/12/18
Committee: AGRI
Amendment 163 #
Proposal for a regulation
Article 7 – title
Specific responsibilities of professional operators producing plant reproductive material
2013/12/20
Committee: ENVI
Amendment 163 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) the production, with a view to making available on the market, of plant reproductive material; andeleted
2013/12/18
Committee: AGRI
Amendment 165 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Professional operators producing plant reproductive material shall:
2013/12/20
Committee: ENVI
Amendment 169 #
Proposal for a regulation
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.
2013/12/20
Committee: ENVI
Amendment 173 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
For the purpose of paragraph 1, professional operators, with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account, and operators whose annual turnover or annual balance sheet total does not exceed EUR 2 million, 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.
2013/12/20
Committee: ENVI
Amendment 179 #
Proposal for a regulation
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.
2013/12/20
Committee: ENVI
Amendment 180 #
Proposal for a regulation
Article 10 – paragraph 1 – point 4
(4) ‘clone’ means an individual progeny, originally derived from another plant by vegetative reproduction, which remains genetically identical to the latter;deleted
2013/12/20
Committee: ENVI
Amendment 181 #
Proposal for a regulation
Article 10 – paragraph 1 – point 5
(5) ‘variety maintenance’ means the actions to ensure that a variety remains consistent with its descagronomically relevant characteripstioncs;
2013/12/20
Committee: ENVI
Amendment 187 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
(10a) 'heterogeneous material' means plant reproductive material that does not belong to a variety as defined in Article 10(1), and is not a mixture of varieties protected by any intellectual property right.
2013/12/20
Committee: ENVI
Amendment 188 #
Proposal for a regulation
Part III – title II
Production and mMaking available on the market of plant reproductive material belonging to genera and species listed in Annex I
2013/12/20
Committee: ENVI
Amendment 189 #
Proposal for a regulation
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:
2013/12/20
Committee: ENVI
Amendment 190 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
(a) they represent a significant area of production, larger than 0,1% of the total agricultural area of the European Union;
2013/12/20
Committee: ENVI
Amendment 192 #
Proposal for a regulation
Article 11 – paragraph 1 – point b
(b) they represent a significant value of production, larger than 0,1% of the total value of agricultural production of the European Union;
2013/12/20
Committee: ENVI
Amendment 194 #
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 professional operators in the Union;
2013/12/20
Committee: ENVI
Amendment 194 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
(d) exchanged in kind betweenbetween persons other than professional operators, or between professional operators and persons other than professional operators.
2013/12/18
Committee: AGRI
Amendment 195 #
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
Amendment 196 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
(d) exchanged in kind between persons other than professional operators.
2013/12/18
Committee: AGRI
Amendment 197 #
Proposal for a regulation
Article 11 – paragraph 1 – point d
(d) they contain substances which, for all or particular uses, must be subject to particular rules concerning the protection of human and animal health, and the environment.deleted
2013/12/20
Committee: ENVI
Amendment 200 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
1. Plant reproductive material may only be produced andOperators take the decision to make available on the market plant reproductive material as standard material or as material undergoing certification. In the case of material undergoing certification, plant reproductive material shall be made available on the market, under one of the following categories:
2013/12/20
Committee: ENVI
Amendment 202 #
Proposal for a regulation
Article 12 – paragraph 1 – point d
(d) standard material.deleted
2013/12/20
Committee: ENVI
Amendment 203 #
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 (Deletion of art.12 paragraphs 2-4 and all references to them.)
2013/12/20
Committee: ENVI
Amendment 203 #
Proposal for a regulation
Article 2 – paragraph 1 – point d g (new)
(dg) produced by farmers on their own farm, on their own behalf and on their own account.
2013/12/18
Committee: AGRI
Amendment 206 #
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
Amendment 208 #
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.
2013/12/20
Committee: ENVI
Amendment 210 #
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
2013/12/20
Committee: ENVI
Amendment 212 #
Proposal for a regulation
Article 3 – point 2
(2) ‘plant reproductive material’ means seed and other propagating material; 'seed' means seeds of plants intended for cultivation; 'other propagating material' means parts of plant(s) capable of, and intended for, producing entire plants;
2013/12/18
Committee: AGRI
Amendment 213 #
Proposal for a regulation
Article 13 – title
Production and mMaking available on the market of pre- basic, basic, certified and standard material
2013/12/20
Committee: ENVI
Amendment 215 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. Plant reproductive material produced and made available on the market shall comply with:
2013/12/20
Committee: ENVI
Amendment 217 #
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;
2013/12/20
Committee: ENVI
Amendment 219 #
Proposal for a regulation
Article 13 – paragraph 2
2. Paragraph 1 (a) and 1 (b) shall not apply to production requirements of plant reproductive material referred to in Article 14(3) and Article 36.
2013/12/20
Committee: ENVI
Amendment 220 #
Proposal for a regulation
Article 13 – paragraph 2
2. Paragraphs 1(a) and 1(b) shall not apply to productionquality requirements of plant reproductive material referred to in Article 14(3) and Article 36.
2013/12/20
Committee: ENVI
Amendment 222 #
Proposal for a regulation
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 or if a description of the plant reproductive material is available to the purchaser.
2013/12/20
Committee: ENVI
Amendment 223 #
Proposal for a regulation
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.
2013/12/20
Committee: ENVI
Amendment 228 #
Proposal for a regulation
Article 14 – paragraph 3
[…]deleted
2013/12/20
Committee: ENVI
Amendment 228 #
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, by a professional operator aimed at commercial exploitation and whether free of charge or not;
2013/12/18
Committee: AGRI
Amendment 237 #
Proposal for a regulation
Article 14 a (new)
Article 14a Making available on the market of heterogeneous material Plant reproductive material may be produced and made available on the market as heterogeneous material, registered in a national variety register referred to in Article 51, on the basis of an officially recognised description. This includes inter alia : a) Landraces, conservation varieties or selections thereof which do not comply with articles 60, 61 and 62 but provide a certain stability as regards their agronomic performance, b) Multicomponent varieties derived from open pollination (polycross) of a defined set of parental lines which do not comply with articles 60, 61 and 62 but provide a certain stability as regards their agronomic performance, c) Open pollinated varieties and populations of completely or partially outcrossing species which do not comply with articles 60, 61 and 61 but provide a certain stability as regards their agronomic performance, d) Population crosses between open pollinated populations or open pollinated varieties with high level of heterogeneity, e) Composite cross populations derived from crosses of defined parental lines and evolved in a certain environment with a high level of heterogeneity and high plasticity needed for adaptation to changing environmental conditions. 2) Heterogeneous material is obtained through methods which respect natural crossing barriers. 3) The making available on the market of heterogeneous material shall comply with the provisions of Title III of Part III of this act.
2013/12/20
Committee: ENVI
Amendment 238 #
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 aimed at commercial exploitation:
2013/12/18
Committee: AGRI
Amendment 239 #
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
2013/12/20
Committee: ENVI
Amendment 240 #
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
2013/12/20
Committee: ENVI
Amendment 240 #
Proposal for a regulation
Article 3 – point 6 – point a
(a) producing;deleted
2013/12/18
Committee: AGRI
Amendment 242 #
Proposal for a regulation
Article 15 a (new)
Article 15a Making heterogeneous material available on the market 1. Plant reproductive material may be made available on the market as heterogeneous material, and registered in a national variety register as referred to in Article 51 on the basis of an officially recognised description. This includes inter alia a) Landraces, conservation varieties or selections thereof which do not comply with articles 60, 61 and 62 but provide a certain stability as regards their agronomic performance, b) multicomponent varieties derived from open pollination (polycross) of a defined set of parental lines which do not comply with articles 60, 61 and 62 but provide a certain stability as regards their agronomic performance, c) Open pollinated varieties and populations of completely or partially outcrossing species which do not comply with articles 60, 61 and 61 but provide a certain stability as regards their agronomic performance, d) Population crosses between open pollinated populations or open pollinated varieties with high level of heterogeneity, e) Composite cross populations derived from crosses of defined parental lines and evolved in a certain environment with a high level of heterogeneity and high plasticity needed for adaptation to changing environmental conditions. 2. Heterogeneous material is obtained through methods which respect natural crossing barriers. 3. The making available on the market of heterogeneous material shall comply with the provisions of Title III of this act.
2013/12/20
Committee: ENVI
Amendment 245 #
Proposal for a regulation
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 and shallundergoing official certification may be made available on the market only if it fulfils the quality requirements set out in Part B of Annex II.
2013/12/20
Committee: ENVI
Amendment 246 #
Proposal for a regulation
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 anSeed and potato seed shall be made available on the market only if it fulfils the quality requirements set out in Part B of Annex II.
2013/12/20
Committee: ENVI
Amendment 246 #
Proposal for a regulation
Article 3 – point 6 – point b
(b) breeding;deleted
2013/12/18
Committee: AGRI
Amendment 248 #
Proposal for a regulation
Article 17 – paragraph 3
3. During processing, packaging, storage, transport or at delivery, lots of plant reproductive material may be split into two or more lots. In that case the professional operator shall keep records concerning the origin of the new lots except when there is no more than one intermediary between the producer and the user and all professional operators concerned supply the same local or regional markets.
2013/12/20
Committee: ENVI
Amendment 248 #
Proposal for a regulation
Article 3 – point 6 – point c
(c) maintaining;deleted
2013/12/18
Committee: AGRI
Amendment 249 #
Proposal for a regulation
Article 19 – paragraph 1
1. Pre-basic, basic or certified material shallmay be certified and identified through an official label (‘official label’).
2013/12/20
Committee: ENVI
Amendment 249 #
Proposal for a regulation
Article 3 – point 6 – point d
(d) providing services;deleted
2013/12/18
Committee: AGRI
Amendment 251 #
Proposal for a regulation
Article 3 – point 6 – point e
(e) preserving, including storing; andeleted
2013/12/18
Committee: AGRI
Amendment 252 #
Proposal for a regulation
Article 19 – paragraph 5 a (new)
(5a) This article should under no circumstances prevent the use of national or private labels and certification schemes.
2013/12/20
Committee: ENVI
Amendment 253 #
Proposal for a regulation
Article 20 – paragraph - 1 (new)
(-1) This article applies 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.
2013/12/20
Committee: ENVI
Amendment 254 #
Proposal for a regulation
Article 21 – paragraph 1
1. The official label and the operator's label shall contain the information set out in Part A of Annex III.
2013/12/20
Committee: ENVI
Amendment 255 #
Proposal for a regulation
Article 21 – paragraph 5 – introductory part
5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out requirements, further to the requirements referred to in paragraphs 1 and 2, for official labels and operators' labels. Those requirements shall concern one or more of the following elements:
2013/12/20
Committee: ENVI
Amendment 256 #
Proposal for a regulation
Article 21 – paragraph 7
7. The Commission shall, by means of implementing acts, adopt the format(s) of the official label and operator's label. Those formats may be adopted per genera or species. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(3).
2013/12/20
Committee: ENVI
Amendment 263 #
Proposal for a regulation
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).
2013/12/20
Committee: ENVI
Amendment 265 #
Proposal for a regulation
Article 27 – title
Notification of the intended production and certificationcertification with official label of pre-basic, basic and certified material
2013/12/20
Committee: ENVI
Amendment 268 #
Proposal for a regulation
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 complieis wfith 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.
2013/12/20
Committee: ENVI
Amendment 270 #
Proposal for a regulation
Article 29 – paragraph 1
1. The official label and the operator's label shall be produced with reference to a lot. The operators' label shall be produced with reference to a lot only if the lot concerned is bigger than what is typically required to cultivate one hectare. They shall be affixed, where applicablenecessary, to individual plants or on the outside of packages, containers and bundles.
2013/12/20
Committee: ENVI
Amendment 271 #
Proposal for a regulation
Article 29 – paragraph 2
2. If a lot is split into more lots, a new official label or operator's label shall be issued for each lot. If several lots are merged into a new lot, a new official label or operator's label shall be issued for that new lot. These requirements shall not apply to local circulation of plant reproductive material.
2013/12/20
Committee: ENVI
Amendment 272 #
Proposal for a regulation
Article 30 – title
Post certification tests for pre-basic, basic and certified material with official label
2013/12/20
Committee: ENVI
Amendment 277 #
Proposal for a regulation
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.
2014/02/07
Committee: ENVI
Amendment 279 #
Proposal for a regulation
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.
2014/02/07
Committee: ENVI
Amendment 280 #
Proposal for a regulation
Article 32
[…]deleted
2014/02/07
Committee: ENVI
Amendment 282 #
Proposal for a regulation
Article 32 a (new)
Article 32a Mixtures Mixtures of varieties and/or genera and species may be made available on the market with the following restrictions: (a) An official label may only be affixed to the mixture if all the ingredients of the mixture have been certified with an official label before. All other mixtures, including those containing genera and species not listed in Annex I shall be made available on the market as standard material. (b) The label of the mixture has to contain an ingredients list with at least the common name and the weight percentage of each ingredient.
2014/02/07
Committee: ENVI
Amendment 283 #
Proposal for a regulation
Article 33
[…]deleted
2014/02/07
Committee: ENVI
Amendment 284 #
Proposal for a regulation
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.
2013/12/18
Committee: AGRI
Amendment 286 #
Proposal for a regulation
Article 7 – title
Specific responsibilities of professional operators producing plant reproductive material
2013/12/18
Committee: AGRI
Amendment 290 #
Proposal for a regulation
Article 7 – introductory part
Professional operators producing plant reproductive material shall:
2013/12/18
Committee: AGRI
Amendment 292 #
Proposal for a regulation
Article 33 a (new)
Article 33a Preservation mixtures 1. Preservation mixtures may only be made available on the market as standard material. 2. In the case it is not possible to make a preservation mixture available on the market as standard material, an indication of the natural environment where the preservation mixture has been harvested shall be provided. This information shall at least include: (a) the date and the place of harvest; and (b) which plant societies are concerned.
2014/02/07
Committee: ENVI
Amendment 296 #
Proposal for a regulation
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.
2013/12/18
Committee: AGRI
Amendment 299 #
Proposal for a regulation
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;
2014/02/07
Committee: ENVI
Amendment 300 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
For the purpose of paragraph 1, professional operators, with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account, and operators whose annual turnover or annual balance sheet total does not exceed EUR 2 million, 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
Amendment 302 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) it complies with the provisions of Title III of this act. Or. en Justification
2014/02/07
Committee: ENVI
Amendment 305 #
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.
2014/02/07
Committee: ENVI
Amendment 307 #
Proposal for a regulation
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.
2013/12/18
Committee: AGRI
Amendment 312 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
In the case of forest reproductive material, the respective period shall be ten years.deleted
2013/12/18
Committee: AGRI
Amendment 315 #
Proposal for a regulation
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.
2014/02/07
Committee: ENVI
Amendment 316 #
Proposal for a regulation
Article 41
[...]deleted
2014/02/07
Committee: ENVI
Amendment 318 #
Proposal for a regulation
Article 42 a (new)
Article 42 a Local circulation Small producers making available on the market plant reproductive material only on the local market for local circulation shall be excluded from the obligations of this legislation.
2014/02/07
Committee: ENVI
Amendment 319 #
Proposal for a regulation
Article 43
Article 43 Imports on the basis of Union equivalence 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 Union.deleted
2014/02/07
Committee: ENVI
Amendment 321 #
Proposal for a regulation
Article 43 a (new)
Article 43 a Import conditions Imports to the Union of Plant reproductive material shall not be prohibited or restricted, except in one of the following cases: (a) It is prohibited by an existing trade agreement. (b) Import is explicitly prohibited by another Union act. (c) A demonstrable risk exists in relation to plant disease, invasive species or other phytosanitary risk not already present and established in the Union. (d) A demonstrable risk of consumer fraud exists. (e) 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. (f) The PRM to be imported or its lot do not comply with the quality requirements of this Regulation for the respective species and categories and types of material.
2014/02/07
Committee: ENVI
Amendment 321 #
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
Amendment 323 #
Proposal for a regulation
Article 46 – paragraph 3
3. Where the export of plant reproductive material to a third country is neither governed by an agreement with a third country nor by the rules of the third country into which that plant reproductive material is to be exported, the requirements for production and making available on the market of plant reproductive material within the Union territory, as set out in Articles 13 to 42, shall apply.deleted
2014/02/07
Committee: ENVI
Amendment 325 #
Proposal for a regulation
Article 47 – paragraph 1
This Title shall apply to the production and making available on the market of plant reproductive material belonging to genera and species other than the ones listed in Annex I and to provisions of article 14 (3) (heterogeneous material), article 36 (niche markets) and article 57 (registration under officially recognised description).
2014/02/07
Committee: ENVI
Amendment 327 #
Proposal for a regulation
Article 48 – paragraph 1 – point c
(c) in the case of seeds, it shall have satisfactory germination, as appropriate for the genera and species concerned, to allow an appropriate number of plants per area after sowing, and to ensure the maximumsufficient yield and quality of the production;
2014/02/07
Committee: ENVI
Amendment 327 #
Proposal for a regulation
Article 10 – point 4
(4) ‘clone’ means an individual progeny, originally derived from another plant by vegetative reproduction, which remains genetically identical to the latter;deleted
2013/12/18
Committee: AGRI
Amendment 328 #
Proposal for a regulation
Article 48 – paragraph 2
2. Compliance with the requirements of points (a), (b), (c), (d) and (e) of paragraph 1 shall be assessed in light of the applicable international standard recommendations: (a) the Seed Scheme Rules and Regulations of OECD; (b) the seed potato standards of UNECE; (c) the rules on sampling and testing of the International seed testing association ISTA for the genera or species concerned; (d) and the rules of EPPO.deleted
2014/02/07
Committee: ENVI
Amendment 329 #
Proposal for a regulation
Article 48 – paragraph 3
3. Where no international standard recommendations exist for genera or species concerned, compliance with the requirements of points (a), (b), (c), (d) and (e) of paragraph 1 shall be assessed in the light of, the relevant national standards of the Member State, where the plant reproductive material is for first time made available on the marketdeleted
2014/02/07
Committee: ENVI
Amendment 330 #
Proposal for a regulation
Article 49 – paragraph 5 a (new)
5a. Where the plant reproductive material concerned is not more than what is typically required to cultivate one hectare, the plant reproductive material is exempted from labelling requirements provided for in this Article.
2014/02/07
Committee: ENVI
Amendment 331 #
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
Amendment 331 #
Proposal for a regulation
Article 10 – point 5
(5) ‘variety maintenance’ means the actions to ensure that a variety remains consistent with its descagronomically relevant characteripstioncs;
2013/12/18
Committee: AGRI
Amendment 339 #
Proposal for a regulation
Article 51 – paragraph 2
2. The Commission shall adopt, by means of implementing acts, the format of the national variety registers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(3).deleted
2014/02/07
Committee: ENVI
Amendment 346 #
Proposal for a regulation
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’);
2014/02/07
Committee: ENVI
Amendment 349 #
Proposal for a regulation
Article 53 – paragraph 1 – point k a (new)
(ka) where applicable, the indication that the variety has been bred using non- traditional breeding methods, including an enumeration of all the methods used for obtaining that variety.
2014/02/07
Committee: ENVI
Amendment 350 #
Proposal for a regulation
Article 53 – paragraph 1 – point k b (new)
(kb) The genealogical components of the variety.
2014/02/07
Committee: ENVI
Amendment 351 #
Proposal for a regulation
Article 54
Article 54 Data concerning clones For clones, the national and Union variety registers shall include at least: (a) the name of the genus or species to which the clone belongs; (b) the reference under which the variety, to which the clone belongs, is registered in the national variety register or Union variety register; (c) the denomination of the variety to which the clone belongs and, for varieties made available on the market before the entry into force of this Regulation, where applicable its synonyms; (d) the date of the registration of the clone and, where applicable, of the renewal of the registration; (e) the end of validity of the registration; (f) where applicable, the indication that the variety to which the clone belongs has been registered with an officially recognised description, including the region of origin of that variety; (g) where applicable, the indication that the clone contains, or consists of, a genetically modified organism.deleted
2014/02/07
Committee: ENVI
Amendment 351 #
Proposal for a regulation
Article 10 – point 10 a (new)
(10a) 'heterogeneous material' means plant reproductive material that does not belong to a variety as defined in Point (1) of this Article, and is not a mixture of varieties protected by any intellectual property right.
2013/12/18
Committee: AGRI
Amendment 352 #
Proposal for a regulation
Part III – Title II
Production and mMaking available on the market of plant reproductive material belonging to genera and species listed in Annex I
2013/12/18
Committee: AGRI
Amendment 353 #
Proposal for a regulation
Article 54 – paragraph 1 – point f
(f) where applicable, the indication that the variety to which the clone belongs has been registered with an officially recognised description, including the region of origin of that variety;
2014/02/07
Committee: ENVI
Amendment 353 #
Proposal for a regulation
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:
2013/12/18
Committee: AGRI
Amendment 354 #
Proposal for a regulation
Article 56 – paragraph 1 – introductory part
1. VAn operator may decide to apply for an official or an officially recognised description. If so, varieties may 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
Amendment 356 #
Proposal for a regulation
Article 56 – paragraph 1 – point a
(a) they bear a denomination deemed suitable pursuant to Article 64 and Article 78 (3);
2014/02/07
Committee: ENVI
Amendment 356 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
(a) they represent a significant area of production, larger than 0,1% of the total agricultural area of the European Union;
2013/12/18
Committee: AGRI
Amendment 357 #
Proposal for a regulation
Article 56 – paragraph 2 – introductory part
2. In order to be registered in a national variety register pursuant to Chapter IV, varieties shallmay fulfil, in addition to the requirements set out in paragraph 1, the following requirements:
2014/02/07
Committee: ENVI
Amendment 359 #
Proposal for a regulation
Article 56 – paragraph 2 – point b
(b) in case they belong to genera or species with particular importance for the satisfactory development of agriculture in the Union, as referred to in paragraph 5, they havemay be tested for a satisfactory value for cultivation and/or use pursuant to Article 58;
2014/02/07
Committee: ENVI
Amendment 359 #
Proposal for a regulation
Article 11 – paragraph 1 – point b
(b) they represent a significant value of production, larger than 0,1% of the total value of agricultural production of the European Union;
2013/12/18
Committee: AGRI
Amendment 362 #
Proposal for a regulation
Article 11 – paragraph 1 – point c
(c) they are produced or made available on the market by a significant number ofmore than 100 professional operators in the Union;
2013/12/18
Committee: AGRI
Amendment 363 #
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 professional operators in the Union;
2013/12/18
Committee: AGRI
Amendment 365 #
Proposal for a regulation
Article 56 – paragraph 4 – 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 havemay be tested for a sustainable value for cultivation and/or use pursuant to Article 59;
2014/02/07
Committee: ENVI
Amendment 366 #
Proposal for a regulation
Article 11 – paragraph 1 – point d
(d) they contain substances which, for all or particular uses, must be subject to particular rules concerning the protection of human and animal health, and the environment.deleted
2013/12/18
Committee: AGRI
Amendment 367 #
Proposal for a regulation
Article 56 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, listing the genera or species with particular importance for the satisfactory development of agriculture in the Union. Those genera or species shall be listed in accordance with the criteria set out in Part A of Annex IV.
2014/02/07
Committee: ENVI
Amendment 371 #
Proposal for a regulation
Article 56 – paragraph 6
6. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, listing the genera or species with particular importance for the sustainable development of agriculture in the Union. Those genera or species shall be listed in accordance with the criteria set out in Part B of Annex IV.
2014/02/07
Committee: ENVI
Amendment 377 #
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;
2014/02/07
Committee: ENVI
Amendment 377 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
1. Plant reproductive material may only be produced andOperators may take the decision to make available on the market plant reproductive material as standard material or as material undergoing certification. In the case of material undergoing certification, plant reproductive material shall be made available on the market, under one of the following categories:
2013/12/18
Committee: AGRI
Amendment 379 #
Proposal for a regulation
Article 12 – paragraph 1 – point d
(d) standard material.deleted
2013/12/18
Committee: AGRI
Amendment 380 #
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 would not fulfil the requirements laid down in Articles 60, 61 and 62 and, where applicable, Article 58(1) and Article 59(1).
2014/02/07
Committee: ENVI
Amendment 384 #
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
Amendment 388 #
Proposal for a regulation
Article 57 – paragraph 2 – point a
(a) it is produced in the region(s) of origin;deleted
2014/02/07
Committee: ENVI
Amendment 390 #
Proposal for a regulation
Article 57 – paragraph 2 – point c a (new)
(ca) a description of that variety is known to exist in literature or is accessible as traditional knowledge of local communities within the Union.
2014/02/07
Committee: ENVI
Amendment 393 #
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
2014/02/07
Committee: ENVI
Amendment 395 #
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
Amendment 399 #
Proposal for a regulation
Article 57 – paragraph 4 – point b a (new)
(ba) in the case of a newly bred variety, the description delivered by the applicant is examined for correctness according to the respective technical guidance by the competent authority.
2014/02/07
Committee: ENVI
Amendment 401 #
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
Amendment 404 #
Proposal for a regulation
Article 58 – paragraph 1 a (new)
1a. The design, criteria and conditions of examination shall take into account the targeted use of the variety, in particular as regards climatic and environmental conditions and/or low input or organic farming conditions.
2014/02/07
Committee: ENVI
Amendment 408 #
Proposal for a regulation
Article 13 – title
Production and mMaking available on the market of pre- basic, basic, certified and standard material
2013/12/18
Committee: AGRI
Amendment 410 #
Proposal for a regulation
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 the expression of that least one 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, whereas the variety type and mode of reproduction is recognised as a characteristic of distinctness.
2014/02/07
Committee: ENVI
Amendment 411 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. Plant reproductive material produced and made available on the market shall comply with:
2013/12/18
Committee: AGRI
Amendment 413 #
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
Amendment 415 #
Proposal for a regulation
Article 60 – paragraph 2 – point c a (new)
(ca) a description of that variety is known to exist in literature or is accessible as traditional knowledge of local communities within the Union
2014/02/07
Committee: ENVI
Amendment 416 #
Proposal for a regulation
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, it is sufficiently uniform in the expression of those characteristics which are included innecessary to pass the examination for distinctness, as well as in the expression of any other characteristics used for its official description.
2014/02/07
Committee: ENVI
Amendment 420 #
Proposal for a regulation
Article 61 – paragraph 1 – subparagraph 1 a (new)
The respective examination designs shall take into account that reference varieties must be equal to the tested variety regarding the particular features of its variety type and mode of reproduction.
2014/02/07
Committee: ENVI
Amendment 421 #
Proposal for a regulation
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 in principle unchanged after repeated reproduction or, in the case of cycles of reproduction, at the end of each such cycle. Variations that can be attributed to the particular features of its variety type, mode of reproduction or changed environmental conditions are to be accepted.
2014/02/07
Committee: ENVI
Amendment 422 #
Proposal for a regulation
Article 13 – paragraph 2
2. Paragraphs 1(a) and 1(b) shall not apply to productionquality requirements of plant reproductive material referred to in Article 14(3) and Article 36.
2013/12/18
Committee: AGRI
Amendment 423 #
Proposal for a regulation
Article 13 – paragraph 2
2. Paragraph 1 (a) and 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
Amendment 424 #
Proposal for a regulation
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. or if a description of the plant reproductive material is available to the purchaser.
2013/12/18
Committee: AGRI
Amendment 426 #
Proposal for a regulation
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.
2013/12/18
Committee: AGRI
Amendment 431 #
Proposal for a regulation
Article 64 – paragraph 1 – point b
(b) it may commonly cause its users difficulties as regards recognition or reproduction;deleted
2014/02/07
Committee: ENVI
Amendment 433 #
Proposal for a regulation
Article 64 – paragraph 1 – point c
(c) it is identical to, or may be confused with, a variety denomination under which another variety of the same or of a closely related species is entered in a national variety register or in the Union variety register, or under which material of another variety has been made available on the market in a Member State or in a Member of the International Union for the Protection of New Varieties of Plants, unless that other variety no longer remains in existence and its denomination has acquired no special significance; or the name of that variety is known to exist in literature or is accessible as traditional knowledge of local communities within the Union;
2014/02/07
Committee: ENVI
Amendment 436 #
Proposal for a regulation
Article 64 – paragraph 1 – point e
(e) it is liable to give offence in one of the Member States or is contrary to public order;
2014/02/07
Committee: ENVI
Amendment 437 #
Proposal for a regulation
Article 14 – paragraph 3
[…]deleted
2013/12/18
Committee: AGRI
Amendment 440 #
Proposal for a regulation
Article 64 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out specific rules concerning the suitability of variety denominations. Those rules may concern: (a) their relation to denominations of trademarks; (b) their relation to geographical indications or designations of origin for agricultural products; (c) written consents of holders of prior rights to remove impediments to the suitability of a denomination; (d) specific criteria to determine whether a denomination is misleading or confusing as referred to in paragraph 1(f); and (e) the use of a denomination in the form of a code.
2014/02/07
Committee: ENVI
Amendment 443 #
Proposal for a regulation
Part III – title IV – chapter III – section 2
Clones Registration requirements for clones 1. A clone may be included in the national variety register, or in the Union variety register, only if it complies with the following requirements: (a) it belongs to genera or species which have a particular value for particular market sectors and listed pursuant to paragraph 3; (b) it belongs to a variety registered in a national variety register pursuant to Chapter IV or in the Union variety register pursuant to Chapter V; (c) it has been subject to genetic selection; (d) it bears a suitable denomination. 2. For the purpose of establishing whether a denomination is suitable as referred to in paragraph 1(d) of this Article, the provisions of Article 64 shall apply with the necessary modifications. References made in Article 64 to varieties shall be construed as references to clones. 3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, listing the genera or species, the clones of which have a particular value for particular market sectors. 4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out the following: (a) that clones belonging to particular genera or species shall be subject to sanitary selection for the purpose of inclusion in a national variety register or in the Union variety register; and (b) the requirements for the sanitary selection referred to in point (a);deleted
2014/02/07
Committee: ENVI
Amendment 447 #
Proposal for a regulation
Article 67 – paragraph 1 – point k a (new)
(ka) where applicable, the indication that the variety has been breed using non- traditional breeding methods, including an enumeration of all the methods used for obtaining that variety;
2014/02/07
Committee: ENVI
Amendment 449 #
Proposal for a regulation
Article 67 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out additional items to be included in the application for particular genera or species, in relation with the particular features of the varieties belonging to those genera or species.
2014/02/07
Committee: ENVI
Amendment 452 #
Proposal for a regulation
Article 68 – paragraph 1
The Commission shall adopt, by means of implementing acts, the format of the application referred to in Article 66. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(3).deleted
2014/02/07
Committee: ENVI
Amendment 453 #
Proposal for a regulation
Article 69 – paragraph 1 – point a
(a) the content requirements laid down in Article 67; and
2014/02/07
Committee: ENVI
Amendment 454 #
Proposal for a regulation
Article 69 – paragraph 1 – point b
(b) the format adopted pursuant to Article 68.deleted
2014/02/07
Committee: ENVI
Amendment 457 #
Proposal for a regulation
Article 69 – paragraph 2
2. If the application does not comply with the requirements laid down in Article 67 or the format adopted pursuant to Article 68, the competent authority shall give the applicant the possibility to make its application compliant within a given time.
2014/02/07
Committee: ENVI
Amendment 458 #
Proposal for a regulation
Article 70 – paragraph 1
The date of application for registration shall be the date on which an application complying with the content requirements laid down in Article 67 and the format adopted pursuant to Article 68 was submitted to the competent authority.
2014/02/07
Committee: ENVI
Amendment 459 #
Proposal for a regulation
Article 71 – paragraph 1
1. The description is adapted to the variety type and mode of reproduction. Where, as a result of the formal examination, the application is found to comply with the content requirements referred to in Article 67 and the format adopted pursuant to Article 68, a technical examination of the variety shall be carried out for the purpose of establishing an official description. The modes of technical examination and of establishing an official description shall take into account the variety type and mode of reproduction.
2014/02/07
Committee: ENVI
Amendment 460 #
Proposal for a regulation
Article 71 – paragraph 1
1. Where, as a result of the formal examination, the application is found to comply with the content requirements referred to in Article 67 and the format adopted pursuant to Article 68, a technical examination of the variety shall be carried out for the purpose of establishing an official description.
2014/02/07
Committee: ENVI
Amendment 464 #
Proposal for a regulation
Article 71 – paragraph 3 – subparagraph 2 a (new)
On request submitted by the applicant to the competent authority, the technical examination shall be carried out under specific climatic conditions in the member state the competent authority is responsible for.
2014/02/07
Committee: ENVI
Amendment 466 #
Proposal for a regulation
Article 71 – paragraph 5
5. By way of derogation from paragraph 4, the competent authority may decide that the technical examination referred to in paragraph 1 is necessary in the case of a variety the registration of which is requested pursuant to point (b) Article 57(1).deleted
2014/02/07
Committee: ENVI
Amendment 466 #
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
Amendment 471 #
Proposal for a regulation
Article 73
[…]deleted
2014/02/07
Committee: ENVI
Amendment 474 #
Proposal for a regulation
Article 15 a (new)
Article 15 a Making heterogeneous material available on the market 1. Plant reproductive material may be produced and made available on the market as heterogeneous material, registered in a national variety register referred to in Article 51, on the basis of an officially recognised description. This includes inter alia a) Landraces, conservation varieties or selections thereof which do not comply with articles 60, 61 and 62 but provide a certain stability as regards their agronomic performance, b) multicomponent varieties derived from open pollination (polycross) of a defined set of parental lines which do not comply with articles 60, 61 and 62 but provide a certain stability as regards their agronomic performance, c) Open pollinated varieties and populations of completely or partially outcrossing species which do not comply with articles 60, 61 and 61 but provide a certain stability as regards their agronomic performance, d) Population crosses between open pollinated populations or open pollinated varieties with high level of heterogeneity, e) Composite cross populations derived from crosses of defined parental lines and evolved in a certain environment with a high level of heterogeneity and high plasticity needed for adaptation to changing environmental conditions. 2. Heterogeneous material is obtained through methods which respect natural crossing barriers. 3. The making available on the market of heterogeneous material shall comply with the provisions of Title III.
2013/12/18
Committee: AGRI
Amendment 478 #
Proposal for a regulation
Article 74
Article 74 Additional rules on technical examination 1. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, supplementing the requirements on the technical examination laid down in Articles 71, 72 and 73. Those delegated acts may concern: (a) qualification, training and activities of staff of the competent authority, or of the applicant, for the purposes of the technical examination referred to in Article 71(1); (b) the necessary equipment, including laboratories for disease resistance characteristics, necessary to carry out the technical examination; (c) the establishment of a variety reference collection to assess distinctness, and the storage management of such reference collection; (d) the establishment of quality management systems, including record of activities and protocols or guidelines, to be used for the technical examination; (e) the conduct of growing trials and laboratory tests for particular genera or species. Those delegated acts shall take into account the available technical and scientific protocols. 2. Where no requirements have been adopted pursuant to paragraph 1, technical examinations shall be carried out in accordance with national protocols as regards the elements referred in points (a) to (e) of paragraph 1.deleted
2013/12/18
Committee: ENVI
Amendment 480 #
Proposal for a regulation
Article 16 – paragraph 1
1. Plant reproductive materialSeed and potato seed 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
Amendment 481 #
Proposal for a regulation
Article 75 – paragraph 1
1. Where, in the framework of the technical examination referred to in Article 71(1), an examination of the genealogical components is necessary, the results of that examination and the description of the genealogical components shall be treated as confidential, if the applicant so requests. The genealogical composition of the variety shall only be kept confidential until the variety is registered in the Union variety register or a national variety register.
2013/12/18
Committee: ENVI
Amendment 481 #
Proposal for a regulation
Article 16 – paragraph 1
1. Plant reproductive material undergoing official certification shall be produced in accordance with the production requirements set out in Part A of Annex II and shallmay 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
Amendment 482 #
Proposal for a regulation
Article 75 – paragraph 2
2. In the case of varieties of plant reproductive material intended exclusively for the production of agricultural raw materials for industrial purposes, and if so requested by the applicant, the results of the technical examination referred to in Article 71(1) and the intended uses of those varieties shall be treated as confidential. The result of the technical examination and the intended uses shall only be kept confidential until the variety is registered in the union variety register or a national variety register.
2013/12/18
Committee: ENVI
Amendment 487 #
Proposal for a regulation
Article 17 – paragraph 3
3. During processing, packaging, storage, transport or at delivery, lots of plant reproductive material may be split into two or more lots. In that case the professional operator shall keep records concerning the origin of the new lots except when there is no more than one intermediary between the producer and the user and all professional operators concerned supply the same local or regional markets.
2013/12/18
Committee: AGRI
Amendment 488 #
Proposal for a regulation
Article 77 – paragraph 2 a (new)
2a. The competent authority shall collect any complaint that a denomination has been misused. Once a complaint has been received, the competent authority shall assess if the denomination has been misused and the reasons that have oriented the choice of the applicant to misuse the denomination. (a) where the assessment reveals that the applicant involuntarily misused an existing denomination, the competent authority shall make this denomination unique and distinguishable from the misused one by changing or amending it. The applicant may suggest proposals for the changed or amended denomination; (b) where the assessment reveals that the applicant could not have been unaware that he misused an existing denomination, the competent authority shall adopt a decision deleting registration according to Article 85 (1) (a) or (g).
2013/12/18
Committee: ENVI
Amendment 489 #
Proposal for a regulation
Article 78 – paragraph 2 – subparagraph 1 a (new)
(1) The competent authority shall collect any complaint that a denomination has been misused. When a complaint has been formulated, the competent authority shall assess if the denomination has been misused and the reasons that have oriented the choice of the registrant to misuse the denomination. (a) where the assessment reveals that the applicant involuntary misused an existing denomination, the competent authority shall make this denomination unique and distinguishable from the misused one by changing or amending it. The applicant may suggest proposals for the changed or amended denomination; (b) where the assessment reveals that the applicant could not have been unaware that he misused an existing denomination, the competent authority shall adopt a decision refusing registration as set out in article 79(2).
2013/12/18
Committee: ENVI
Amendment 490 #
Proposal for a regulation
Article 82 – paragraph 1
1. The validity period of the registration of a variety in a national variety register shall be 310 years.
2013/12/18
Committee: ENVI
Amendment 491 #
Proposal for a regulation
Article 83 – paragraph 1
1. The registration of a variety in a national variety register may be renewed for further periods of 310 years, in accordance with the procedure and the conditions laid down in Article 84.
2013/12/18
Committee: ENVI
Amendment 492 #
Proposal for a regulation
Article 84 – paragraph 3 – introductory part
3. The renewal of the registration of a variety in a national variety register shall only be granted if the following conditions are met:variety continues complying with the requirements of Article 56, and, where applicable of Article 57
2013/12/18
Committee: ENVI
Amendment 493 #
Proposal for a regulation
Article 84 – paragraph 3 – point a
(a) the variety continues complying with the requirements of Article 56, and, where applicable of Article 57;deleted
2013/12/18
Committee: ENVI
Amendment 493 #
Proposal for a regulation
Article 19 – paragraph 1
1. Pre-basic, basic or certified material shallmay be certified and identified through an official label (‘official label’).
2013/12/18
Committee: AGRI
Amendment 494 #
Proposal for a regulation
Article 84 – paragraph 3 – point b
(b) the competent authority determines that a person is responsible for maintaining the variety in accordance with the provisions of Article 86.deleted
2013/12/18
Committee: ENVI
Amendment 495 #
Proposal for a regulation
Article 84 – paragraph 4
4. The competent authority may renew the registration of a variety in a national variety register, without an application for renewal being submitted pursuant to paragraphs 1 and 2, where it considers that the renewal of that registration serves sustainable agricultural production and the preservation of genetic diversity, and that the conditions of paragraph 3 are fulfilled.
2013/12/18
Committee: ENVI
Amendment 497 #
Proposal for a regulation
Article 85 – paragraph 2 – subparagraph 1
On request by the applicant or a third party, the competent authority may allow a variety deleted from the national variety register in accordance to paragraph 1(b), 1(c), 1(d), 1(e), 1(f) or 1(h) to continue to be made available on the market until 30 June of the third year following the deletion from the register.
2013/12/18
Committee: ENVI
Amendment 497 #
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
Amendment 499 #
Proposal for a regulation
Article 85 – paragraph 2 – subparagraph 2
That request shall be submitted no later than the date of the expiration of the registration period.deleted
2013/12/18
Committee: ENVI
Amendment 500 #
Proposal for a regulation
Article 20 – paragraph -1 (new)
-1. This article applies 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
Amendment 502 #
Proposal for a regulation
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, and in the case of a hybrid including its parent lines, to a gene bank dedicated to the conservation of genetic resources.
2013/12/18
Committee: ENVI
Amendment 503 #
Proposal for a regulation
Article 86
Article 86 Variety maintenance 1. Varieties registered in a national variety register shall be maintained by the applicant or by any other person acting in mutual agreement with the applicant. That other person shall be notified by the applicant to the competent authority. 2. Variety maintenance shall take place in accordance with accepted practices concerning, as appropriate, genera, species or types of varieties. 3. The persons referred to in paragraph 1 shall keep records concerning the maintenance of the variety. It shall at all times be possible for the competent authority to check the maintenance of the variety from those records. Those records shall also cover the production of pre- basic, basic, certified and standard material, and the stages of production prior to pre-basic material. 4. Varieties provided with an officially recognised description shall be maintained in their region(s) of origin. 5. The competent authority shall carry out controls on the manner in which variety maintenance is carried out and may, to this purpose, take samples of the varieties concerned. 6. Where a competent authority finds that the person responsible for variety maintenance does not comply with paragraphs 1 to 4, it shall give that person the opportunity to take corrective action. 7. Where variety maintenance takes place in a Member State other than the Member State in whose national variety register the variety has been registered, the competent authorities of the two Member States concerned shall assist each other in the controls on variety maintenance. 8. Where variety maintenance takes place in a third country, the competent authorities of the Member State in whose national variety register the variety has been registered concerned shall request the third country's authorities assistance in the controls on variety maintenance.deleted
2013/12/18
Committee: ENVI
Amendment 503 #
Proposal for a regulation
Article 21 – paragraph 1
1. The official label and the operator's label shall contain the information set out in Part A of Annex III.
2013/12/18
Committee: AGRI
Amendment 504 #
Proposal for a regulation
Article 86 – paragraph 1
1. Varieties registered in a national variety register shall be maintained by the applicant or by any other person acting in mutual agreement with the applicant. That other person shall be notified by the applicant to the competent authority. Any other person may notify the competent authority with reference to a registered variety that that person is acting as an additional maintainer.
2013/12/18
Committee: ENVI
Amendment 505 #
Proposal for a regulation
Article 87 – paragraph 1 – point f
(f) controls on the maintenance as referred to in Article 86(5).deleted
2013/12/18
Committee: ENVI
Amendment 507 #
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: ENVI
Amendment 508 #
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: ENVI
Amendment 509 #
Proposal for a regulation
Article 89 – paragraph 1
1. Fees provided for in Article 87 and 88 shall not directly or indirectly be refunded, unless unduly collected.
2013/12/18
Committee: ENVI
Amendment 510 #
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 millionbeing microenterprises as defined in Commission Recommendation 2003/361/EC 21g shall be exempted from the payment of the fees provided for in Article 87 and Article 88. 21g OJ, L 124, 20.5.2003, p.36
2013/12/18
Committee: ENVI
Amendment 510 #
Proposal for a regulation
Article 21 – paragraph 5 – introductory part
5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out requirements, further to the requirements referred to in paragraphs 1 and 2, for official labels and operators' labels. Those requirements shall concern one or more of the following elements:
2013/12/18
Committee: AGRI
Amendment 511 #
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 exempted from the payment of the fees provided for in Article 87 and Article 88.
2013/12/18
Committee: ENVI
Amendment 512 #
Proposal for a regulation
Article 89 – paragraph 3
3. The costs referred to in Articles 87 and 88 shall not include those incurred for the performance of official controls on the applicants referred to in paragraph 2.deleted
2013/12/18
Committee: ENVI
Amendment 513 #
Proposal for a regulation
Article 96 – paragraph 1
1. Varieties and clones registered in the Union variety register shall be maintained by the applicant, or by any other person acting in mutual agreement with the applicant. The other person shall be notified to the Agency.deleted
2013/12/18
Committee: ENVI
Amendment 514 #
Proposal for a regulation
Article 21 – paragraph 7
7. The Commission shall, by means of implementing acts, adopt the format(s) of the official label and operator's label. Those formats may be adopted per genera or species. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(3).
2013/12/18
Committee: AGRI
Amendment 517 #
Proposal for a regulation
Article 103 – paragraph 4
4. The competent authority shall, on request, take appropriate measures to make available the information contained in the files of the national variety register to any person requesting access to this information. This access has to be granted free of charge and by electronic means. This provision shall not apply whereas long as the information must be treated as confidential pursuant to Article 75.
2013/12/18
Committee: ENVI
Amendment 518 #
Proposal for a regulation
Article 103 – paragraph 4
4. The competent authority shall take appropriate measures to, on request, make available the information contained in the files of the national variety register to any person requesting access to this information. This provision shall not apply whereas long as the information must be treated as confidential pursuant to Article 75.
2013/12/18
Committee: ENVI
Amendment 519 #
Proposal for a regulation
Article 104 – paragraph 1
1. The Aagency shall notify the competent authorities and the Commission of, on request, make available the information contained in the files of the national variety register to any person requesting access to theis information required to access the Union variety register. This provision shall not apply as long as the information must be treated as confidential pursuant to Article 75.
2013/12/18
Committee: ENVI
Amendment 520 #
Proposal for a regulation
Article 104 – paragraph 4
4. The Agency shall take appropriate measures to make available, on request, the information contained in the files of the Union variety register to any person requesting access to that information. This access has to be granted free of charge and by electronic means. This provision shall not apply whereas long as the information must be treated as confidential under Article 75.
2013/12/18
Committee: ENVI
Amendment 521 #
Proposal for a regulation
Part IV
[...]deleted (This amendment shall be reflected throughout the whole text, meaning e.g. that the words ‘other than forest material’ shall be taken out in Articles 8 and 9 and in the heading for Part III, that the second subparagraph of Article 8 (4) is deleted, that the references to deleted Articles shall be taken out of Article 140, and that the respective species are taken out of Annex I. The amendment shall also be reflected in the Recitals.)
2013/12/18
Committee: ENVI
Amendment 524 #
Proposal for a regulation
Article 146 – paragraph 1
This RegulationDirective shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
2013/12/18
Committee: ENVI
Amendment 525 #
Proposal for a regulation
Article 146 – paragraph 3
This Regulation shall be binding in its entirety and directly applicable in allDirective is addressed to the Member States.
2013/12/18
Committee: ENVI
Amendment 526 #
Proposal for a regulation
Annex 1 – paragraph 1
Abies alba Mill.deleted (This deletion applies to all forest reproductive material genra and species of Annex I, including Abies, Acer, Alnus, Betula, Carpinus, Cedrus, Fagus, Fraxinus, Larix, Piccea, Pinus, Populus, Pseudotsuga, Quercus, Robinia and Tilia spp.)
2013/12/18
Committee: ENVI
Amendment 535 #
Proposal for a regulation
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).
2013/12/18
Committee: AGRI
Amendment 536 #
Proposal for a regulation
Article 27 – title
Notification of the intended production and certificationcertification with official label of pre-basic, basic and certified material
2013/12/18
Committee: AGRI
Amendment 541 #
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 complieis wfith 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
Amendment 544 #
Proposal for a regulation
Article 29 – paragraph 1
1. The official label and the operator's label shall be produced with reference to a lot. The operators' label shall be produced with reference to a lot only if the lot concerned is bigger than what is typically required to cultivate one hectare. They shall be affixed, where applicablenecessary, to individual plants or on the outside of packages, containers and bundles.
2013/12/18
Committee: AGRI
Amendment 546 #
Proposal for a regulation
Article 29 – paragraph 2
2. If a lot is split into more lots, a new official label or operator's label shall be issued for each lot. If several lots are merged into a new lot, a new official label or operator's label shall be issued for that new lot. These requirements shall not apply to local circulation of plant reproductive material.
2013/12/18
Committee: AGRI
Amendment 548 #
Proposal for a regulation
Article 30 – title
Post certification tests for pre-basic, basic and certified material with official label
2013/12/18
Committee: AGRI
Amendment 557 #
Proposal for a regulation
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.
2013/12/18
Committee: AGRI
Amendment 558 #
Proposal for a regulation
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.
2013/12/18
Committee: AGRI
Amendment 561 #
Proposal for a regulation
Article 32
[ ]deleted
2013/12/18
Committee: AGRI
Amendment 563 #
Proposal for a regulation
Article 32 a (new)
Article 32 a Mixtures Mixtures of varieties and/or genera and species may be made available on the market with the following restrictions: (a) An official label may only be affixed to the mixture if all the ingredients of the mixture have been certified with an official label before. All other mixtures, including those containing genera and species not listed in Annex I shall be made available on the market as standard material. (b) The label of the mixture has to contain an ingredient's list with at least the common name and the weight percentage of each ingredient.
2013/12/18
Committee: AGRI
Amendment 564 #
Proposal for a regulation
Article 33
[ ]deleted
2013/12/18
Committee: AGRI
Amendment 577 #
Proposal for a regulation
Article 33 a (new)
Article 33 a Preservation mixtures 1. Preservation mixtures may only be made available on the market as standard material. 2. In the case it is not possible to make a preservation mixture available on the market as standard material, an indication of the natural environment where the preservation mixture has been harvested shall be provided. This information shall at least include: (a) the date and the place of harvest; and (b) which plant societies are concerned.
2013/12/18
Committee: AGRI
Amendment 608 #
Proposal for a regulation
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;
2013/12/18
Committee: AGRI
Amendment 621 #
Proposal for a regulation
Article 36 – paragraph 1 – point b a (new)
(ba) it complies with the provisions of Title III of this act.
2013/12/18
Committee: AGRI
Amendment 634 #
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
Amendment 642 #
Proposal for a regulation
Annex II – heading 1
REQUIREMENTS FOR PRE-BASIC, BASIC, AND CERTIFIED AND STANDARD MATERIAL, AND ELEMENTS FOR THE ADOPTION OF THOSE REQUIREMENTS
2013/12/18
Committee: ENVI
Amendment 643 #
Proposal for a regulation
Annex II – part A – paragraph 2 – point b
(b) Mother plants shall be treated or excluded as a source of reproductive material in case of positive test results or visual symptoms of pests or defects.deleted
2013/12/18
Committee: ENVI
Amendment 644 #
Proposal for a regulation
Annex II – part A – paragraph 2 – point f
(f) Where appropriate, the cultivation of plant reproductive material shall take place separately from the cultivation of material belonging to the same genera or species for food or feed purposes, to ensure health of the material concerned.deleted
2013/12/18
Committee: ENVI
Amendment 645 #
Proposal for a regulation
Annex II – part B – paragraph 1 – point h
(h) it shall be free from specific defects and damages to ensure quality and health of the material;deleted
2013/12/18
Committee: ENVI
Amendment 646 #
Proposal for a regulation
Annex I – part D – paragraph 1 – point c
(c) the specific uses of the genera, species, or types of plant reproductive material concerned;deleted
2013/12/18
Committee: ENVI
Amendment 647 #
Proposal for a regulation
Annex II – part D – paragraph 1 – point d
(d) type of reproduction.deleted
2013/12/18
Committee: ENVI
Amendment 648 #
Proposal for a regulation
Annex II – part DA (new)
Points 2(a), 2(d), 2(g) of PART A, points (b), (c), (e), (h) of PART B and point (b) of PART D shall not apply to heterogeneous material, and plant reproductive material registered under officially recognised description and made available on the market as standard material
2013/12/18
Committee: ENVI
Amendment 650 #
Proposal for a regulation
Annex III – part A – point h
(h) references to the country of production or countries in case of mixture, with the two letter code referred to in point (c), with the exception of niche market material;
2013/12/18
Committee: ENVI
Amendment 651 #
Proposal for a regulation
Annex III – part A – point k
(k) where relevant, references to month and year of labelling or references to month and year of last sampling;
2013/12/18
Committee: ENVI
Amendment 652 #
Proposal for a regulation
Annex III – part A – point l
(l) the indication, where appropriate, that the plant reproductive material belongs to a variety with officially recognised description only, and indication of the region of origin of that variety;deleted
2013/12/18
Committee: ENVI
Amendment 653 #
Proposal for a regulation
Annex III – part A – point l
(l) the indication, where appropriate, that the plant reproductive material belongs to a variety with officially recognised description only, and indication of the region of origin of that variety;deleted
2013/12/18
Committee: ENVI
Amendment 654 #
Proposal for a regulation
Annex III – part A – point n a (new)
(na) the indication of all non-traditional breeding methods used for obtaining that plant reproductive material.
2013/12/18
Committee: ENVI
Amendment 656 #
Proposal for a regulation
Annex III – part B – point l
(l) where plant reproductive material is produced and made available on the market together with forest reproductive material, the respective label of plant reproductive material shall indicate ‘not for forestry purposes’.deleted
2013/12/18
Committee: ENVI
Amendment 657 #
Proposal for a regulation
Annex IV – part A – point b
(b) they are of vital importance for food processing, feed processing or industrial processing;deleted
2013/12/18
Committee: ENVI
Amendment 658 #
Proposal for a regulation
Annex IV – part A – point c
(c) they are of vital importance for resilience and low-input agriculture, including organic agricultural production.deleted
2013/12/18
Committee: ENVI
Amendment 659 #
Proposal for a regulation
Annex IV – part A – point c a (new)
(ca) they are of vital importance for food processing, feed processing or industrial Processing. The number of species selected according to the above criteria must not exceed 10;
2013/12/18
Committee: ENVI
Amendment 660 #
Proposal for a regulation
Annex V
REQUIREMENTS FOR THE APPROVAL OF BASIC MATERIAL INTENDED FOR THE PRODUCTION OF FOREST REPRODUCTIVE MATERIAL TO BE CERTIFIED AS ‘SOURCE-IDENTIFIED’ 1. The basic material shall be as seed source or stand located within a single Region of Provenance. A formal inspection must be made where the material is destined for a specific forestry purpose. 2. The Region of Provenance and the location and the altitude or altitudinal range of the place(s) where the reproductive material is collected must be stated by the professional operator concerned to the competent authority. It must be stated whether the basic material is: (a) autochthonous or non-autochthonous or the origin is unknown; or (b) indigenous or non-indigenous or the origin is unknown. In the case of non- autochthonous or non-indigenous basic material the origin must be stated if known.deleted
2013/12/18
Committee: ENVI
Amendment 661 #
Proposal for a regulation
Annex VI
[...]deleted
2013/12/18
Committee: ENVI
Amendment 662 #
Proposal for a regulation
Annex VII
[...]deleted
2013/12/18
Committee: ENVI
Amendment 663 #
Proposal for a regulation
Annex VIII
[...]deleted
2013/12/18
Committee: ENVI
Amendment 664 #
Proposal for a regulation
Annex IX
[...]deleted
2013/12/18
Committee: ENVI
Amendment 665 #
Proposal for a regulation
Annex X
[...]deleted
2013/12/18
Committee: ENVI
Amendment 666 #
Proposal for a regulation
Annex XI
[...]deleted
2013/12/18
Committee: ENVI
Amendment 667 #
Proposal for a regulation
Annex XII
[...]deleted
2013/12/18
Committee: ENVI
Amendment 668 #
Proposal for a regulation
Annex XIII – point 5
5. Directive 1999/105/ECdeleted
2013/12/18
Committee: ENVI
Amendment 671 #
Proposal for a regulation
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.
2013/12/18
Committee: AGRI
Amendment 672 #
Proposal for a regulation
Article 41
[...]deleted
2013/12/18
Committee: AGRI
Amendment 676 #
Proposal for a regulation
Article 42 a (new)
Article 42 a Local circulation Small producers making available on the market plant reproductive material only on the local market for local circulation shall be excluded from the obligations of this legislation.
2013/12/18
Committee: AGRI
Amendment 677 #
Proposal for a regulation
Article 43
Article 43 Imports on the basis of Union equivalence 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 Union.deleted
2013/12/18
Committee: AGRI
Amendment 683 #
Proposal for a regulation
Article 43 a (new)
Article 43a Import conditions Imports to the Union of Plant reproductive material shall not be prohibited or restricted, except in one of the following cases: (a) It is prohibited by an existing trade agreement. (b) Import is explicitly prohibited by another Union act. (c) A demonstrable risk exists from plant disease, invasive species or other phytosanitary risk not already present and established in the Union. (d) A demonstrable risk of consumer fraud exists. (e) Materials are being made available on the market at subsidized prices or at a price so low it constitutes dumping, and the total commercial value exceeds 1 million Euros. (f) The PRM to be imported or its lot do not comply with the quality requirements of this Regulation for the respective species and categories and types of material.
2013/12/18
Committee: AGRI
Amendment 688 #
Proposal for a regulation
Article 46 – paragraph 3
3. Where the export of plant reproductive material to a third country is neither governed by an agreement with a third country nor by the rules of the third country into which that plant reproductive material is to be exported, the requirements for production and making available on the market of plant reproductive material within the Union territory, as set out in Articles 13 to 42, shall apply.deleted
2013/12/18
Committee: AGRI
Amendment 695 #
Proposal for a regulation
Article 47
This Title shall apply to the production and making available on the market of plant reproductive material belonging to genera and species other than the ones listed in Annex I and for provisions of article 14 (3) (heterogeneous material), article 36 (niche markets) and article 57 (registration under officially recognised description).
2013/12/18
Committee: AGRI
Amendment 699 #
Proposal for a regulation
Article 48 – paragraph 1 – point c
(c) in the case of seeds, it shall have satisfactory germination, as appropriate for the genera and species concerned, to allow an appropriate number of plants per area after sowing, and to ensure the maximumsufficient yield and quality of the production;
2013/12/18
Committee: AGRI
Amendment 702 #
Proposal for a regulation
Article 48 – paragraph 2
2. Compliance with the requirements of points (a), (b), (c), (d) and (e) of paragraph 1 shall be assessed in light of the applicable international standard recommendations: (a) the Seed Scheme Rules and Regulations of OECD; (b) the seed potato standards of UNECE; (c) the rules on sampling and testing of the International seed testing association ISTA for the genera or species concerned; (d) and the rules of EPPO.deleted
2013/12/18
Committee: AGRI
Amendment 705 #
Proposal for a regulation
Article 48 – paragraph 3
3. Where no international standard recommendations exist for genera or species concerned, compliance with the requirements of points (a), (b), (c), (d) and (e) of paragraph 1 shall be assessed in the light of, the relevant national standards of the Member State, where the plant reproductive material is for first time made available on the marketdeleted
2013/12/18
Committee: AGRI
Amendment 706 #
Proposal for a regulation
Article 49 – paragraph 5 a (new)
5a. Where the plant reproductive material concerned is not more than what is typically required to cultivate one hectare, the plant reproductive material is exempted from labelling requirements provided in this Article.
2013/12/18
Committee: AGRI
Amendment 708 #
2013/12/18
Committee: AGRI
Amendment 723 #
Proposal for a regulation
Article 51 – paragraph 2
2. The Commission shall adopt, by means of implementing acts, the format of the national variety registers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(3).deleted
2013/12/18
Committee: AGRI
Amendment 743 #
Proposal for a regulation
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’);
2013/12/18
Committee: AGRI
Amendment 747 #
Proposal for a regulation
Article 53 – paragraph 1 – point k a (new)
(ka) where applicable, the indication that the variety has been bred using non- traditional breeding methods, including an enumeration of all the methods used for obtaining that variety.
2013/12/18
Committee: AGRI
Amendment 748 #
Proposal for a regulation
Article 53 – paragraph 1 – point k b (new)
(k b) The genealogical components of the variety
2013/12/18
Committee: AGRI
Amendment 753 #
Proposal for a regulation
Article 54
[…]deleted
2013/12/18
Committee: AGRI
Amendment 762 #
Proposal for a regulation
Article 54 – point f
(f) where applicable, the indication that the variety to which the clone belongs has been registered with an officially recognised description, including the region of origin of that variety;
2013/12/18
Committee: AGRI
Amendment 766 #
Proposal for a regulation
Article 56 – paragraph 1 – introductory part
1. VAn operator may decide to apply for an official or an officially recognised description with respect to this act. If so, varieties may 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:
2013/12/18
Committee: AGRI
Amendment 767 #
Proposal for a regulation
Article 56 – paragraph 1 – point a
(a) they bear a denomination deemed suitable pursuant to Article 64; and article 78 (3);
2013/12/18
Committee: AGRI
Amendment 768 #
Proposal for a regulation
Article 56 – paragraph 2 – introductory part
2. In order to be registered in a national variety register pursuant to Chapter IV, varieties shallmay fulfil, in addition to the requirements set out in paragraph 1, the following requirements:
2013/12/18
Committee: AGRI
Amendment 770 #
Proposal for a regulation
Article 56 – paragraph 2 – point b
(b) in case they belong to genera or species with particular importance for the satisfactory development of agriculture in the Union, as referred to in paragraph 5, they havemay be tested for a satisfactory value for cultivation and/or use pursuant to Article 58;
2013/12/18
Committee: AGRI
Amendment 779 #
Proposal for a regulation
Article 56 – paragraph 4 – 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 havemay be tested for a sustainable value for cultivation and/or use pursuant to Article 59;
2013/12/18
Committee: AGRI
Amendment 782 #
Proposal for a regulation
Article 56 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, listing the genera or species with particular importance for the satisfactory development of agriculture in the Union. Those genera or species shall be listed in accordance with the criteria set out in Part A of Annex IV.
2013/12/18
Committee: AGRI
Amendment 787 #
Proposal for a regulation
Article 56 – paragraph 6
6. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, listing the genera or species with particular importance for the sustainable development of agriculture in the Union. Those genera or species shall be listed in accordance with the criteria set out in Part B of Annex IV.
2013/12/18
Committee: AGRI
Amendment 795 #
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
Amendment 800 #
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 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
Amendment 821 #
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
Amendment 824 #
Proposal for a regulation
Article 57 – paragraph 2 – point c a (new)
(ca) a description of that variety is known to exist in literature or is accessible as traditional knowledge of local communities within the Union
2013/12/18
Committee: AGRI
Amendment 831 #
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
Amendment 837 #
Proposal for a regulation
Article 57 – paragraph 4 – point b a (new)
(ba) in the case of a newly bred variety, the description delivered by the applicant is examined for correctness according to the respective technical guidance by the competent authority.
2013/12/18
Committee: AGRI
Amendment 845 #
Proposal for a regulation
Article 58 – paragraph 1 a (new)
1a. The design, criteria and conditions of examination shall take into account the targeted use of the variety, in particular as regards climatic and environmental conditions and/or low input or organic farming conditions.
2013/12/18
Committee: AGRI
Amendment 855 #
Proposal for a regulation
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 the expression of that least one 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 whereas the variety type and mode of reproduction are recognised as a characteristics of distinctness.
2013/12/18
Committee: AGRI
Amendment 859 #
Proposal for a regulation
Article 60 – paragraph 2 – point c a (new)
(ca) a description of that variety is known to exist in literature or is accessible as traditional knowledge of local communities within the Union.
2013/12/18
Committee: AGRI
Amendment 861 #
Proposal for a regulation
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, it is sufficiently uniform in the expression of those characteristics which are included innecessary to pass the examination for distinctness, as well as in the expression of any other characteristics used for its official description.
2013/12/18
Committee: AGRI
Amendment 862 #
Proposal for a regulation
Article 61 – paragraph 1 a (new)
1a. The respective examination designs shall take into account that reference varieties must be equal to the tested variety regarding the particular features of its variety type and mode of reproduction.
2013/12/18
Committee: AGRI
Amendment 864 #
Proposal for a regulation
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 in principle unchanged after repeated reproduction or, in the case of cycles of reproduction, at the end of each such cycle. Variations that can be attributed to the particular features of its variety type, mode of reproduction or changed environmental conditions are to be accepted.
2013/12/18
Committee: AGRI
Amendment 875 #
Proposal for a regulation
Article 64 – paragraph 1 – point b
(b) it may commonly cause its users difficulties as regards recognition or reproduction;deleted
2013/12/18
Committee: AGRI
Amendment 878 #
Proposal for a regulation
Article 64 – paragraph 1 – point c
(c) it is identical to, or may be confused with, a variety denomination under which another variety of the same or of a closely related species is entered in a national variety register or in the Union variety register, or under which material of another variety has been made available on the market in a Member State or in a Member of the International Union for the Protection of New Varieties of Plants, unless that other variety no longer remains in existence and its denomination has acquired no special significance; or the name of that variety is known to exist in literature or is accessible as traditional knowledge of local communities within the Union;
2013/12/18
Committee: AGRI
Amendment 882 #
Proposal for a regulation
Article 64 – paragraph 1 – point e
(e) it is liable to give offence in one of the Member States or is contrary to public order;
2013/12/18
Committee: AGRI
Amendment 890 #
Proposal for a regulation
Article 64 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out specific rules concerning the suitability of variety denominations. Those rules may concern: (a) their relation to denominations of trade marks; (b) their relation to geographical indications or designations of origin for agricultural products; (c) written consents of holders of prior rights to remove impediments to the suitability of a denomination; (d) specific criteria to determine whether a denomination is misleading or confusing as referred to in paragraph 1(f); and (e) the use of a denomination in the form of a code.
2013/12/18
Committee: AGRI
Amendment 895 #
Proposal for a regulation
Article 65
[...]deleted
2013/12/18
Committee: AGRI
Amendment 907 #
Proposal for a regulation
Article 67 – paragraph 1 – point k a (new)
(ka) where applicable, the indication that the variety has been breed using non- traditional breeding methods, including an enumeration of all the methods used for obtaining that variety;
2013/12/18
Committee: AGRI
Amendment 914 #
Proposal for a regulation
Article 67 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out additional items to be included in the application for particular genera or species, in relation with the particular features of the varieties belonging to those genera or species.
2013/12/18
Committee: AGRI
Amendment 918 #
Proposal for a regulation
Article 68
Article 68 Application format The Commission shall adopt, by means of implementing acts, the format of the application referred to in Article 66. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(3).deleted
2013/12/18
Committee: AGRI
Amendment 922 #
Proposal for a regulation
Article 69 – paragraph 1 – point a
(a) the content requirements laid down in Article 67; and
2013/12/18
Committee: AGRI
Amendment 925 #
Proposal for a regulation
Article 69 – paragraph 1 – point b
(b) the format adopted pursuant to Article 68.deleted
2013/12/18
Committee: AGRI
Amendment 927 #
Proposal for a regulation
Article 69 – paragraph 2
2. If the application does not comply with the requirements laid down in Article 67 or the format adopted pursuant to Article 68, the competent authority shall give the applicant the possibility to make its application compliant within a given time.
2013/12/18
Committee: AGRI
Amendment 930 #
Proposal for a regulation
Article 70
The date of application for registration shall be the date on which an application complying with the content requirements laid down in Article 67 and the format adopted pursuant to Article 68 was submitted to the competent authority.
2013/12/18
Committee: AGRI
Amendment 931 #
Proposal for a regulation
Article 71 – paragraph 1
1. Where, as a result of the formal examination, the application is found to comply with the content requirements referred to in Article 67 and the format adopted pursuant to Article 68, a technical examination of the variety shall be carried out for the purpose of establishing an official description.
2013/12/18
Committee: AGRI
Amendment 933 #
Proposal for a regulation
Article 71 – paragraph 1
1. The description is adapted to the variety type and mode of reproduction. Where, as a result of the formal examination, the application is found to comply with the content requirements referred to in Article 67 and the format adopted pursuant to Article 68, a technical examination of the variety shall be carried out for the purpose of establishing an official description. The modes of technical examination and of establishing an official description shall take into account the variety type and mode of reproduction.
2013/12/18
Committee: AGRI
Amendment 940 #
Proposal for a regulation
Article 71 – paragraph 3 – subparagraph 2 a (new)
On request submitted by the applicant to the competent authority, the technical examination shall be carried out under specific climatic conditions in the Member State the competent authority is responsible for.
2013/12/18
Committee: AGRI
Amendment 942 #
Proposal for a regulation
Article 71 – paragraph 5
5. By way of derogation from paragraph 4, the competent authority may decide that the technical examination referred to in paragraph 1 is necessary in the case of a variety the registration of which is requested pursuant to point (b) Article 57(1).deleted
2013/12/18
Committee: AGRI
Amendment 951 #
Proposal for a regulation
Article 73
[...]deleted
2013/12/18
Committee: AGRI
Amendment 971 #
2013/12/18
Committee: AGRI
Amendment 974 #
Proposal for a regulation
Article 75 – paragraph 1
1. Where, in the framework of the technical examination referred to in Article 71(1), an examination of the genealogical components is necessary, the results of that examination and the description of the genealogical components shall be treated as confidential, if the applicant so requests. The genealogical composition of the variety shall only be kept confidential until the variety is registered in the Union variety register or a national variety register.
2013/12/18
Committee: AGRI
Amendment 975 #
Proposal for a regulation
Article 75 – paragraph 2
2. In the case of varieties of plant reproductive material intended exclusively for the production of agricultural raw materials for industrial purposes, and if so requested by the applicant, the results of the technical examination referred to in Article 71(1) and the intended uses of those varieties shall be treated as confidential. The result of the technical examination and the intended uses shall only be kept confidential until the variety is registered in the union variety register or a national variety register
2013/12/18
Committee: AGRI
Amendment 984 #
Proposal for a regulation
Article 77 – paragraph 2 a (new)
2a. The competent authority shall collect any complaint that a denomination has been misused. Once a complaint has been received, the competent authority shall assess if the denomination has been misused and the reasons that have oriented the choice of the applicant to misuse the denomination. Where the assessment reveals that the applicant involuntarily misused an existing denomination, the competent authority shall make this denomination unique and distinguishable from the misused one by changing or amending it. The applicant may suggest proposals for the changed or amended denomination; Where the assessment reveals that the applicant could not have been unaware that he misused an existing denomination, the competent authority shall adopt a decision deleting registration according to Article 85 (1) (a) or (g).
2013/12/18
Committee: AGRI
Amendment 986 #
Proposal for a regulation
Article 78 – paragraph 2 a (new)
2a. The competent authority shall collect any complaint that a denomination has been misused. When a complaint has been formulated, the competent authority shall assess if the denomination has been misused and the reasons that have oriented the choice of the registrant to misuse the denomination. Where the assessment reveals that the applicant involuntary misused an existing denomination, the competent authority shall make this denomination unique and distinguishable from the misused one by changing or amending it. The applicant may suggest proposals for the changed or amended denomination; Where the assessment reveals that the applicant could not have been unaware that he misused an existing denomination, the competent authority shall adopt a decision refusing registration as set out in article 79(2).
2013/12/18
Committee: AGRI
Amendment 994 #
Proposal for a regulation
Article 82 – paragraph 1
1. The validity period of the registration of a variety in a national variety register shall be 310 years.
2013/12/18
Committee: AGRI
Amendment 996 #
Proposal for a regulation
Article 83 – paragraph 1
1. The registration of a variety in a national variety register may be renewed for further periods of 310 years, in accordance with the procedure and the conditions laid down in Article 84.
2013/12/18
Committee: AGRI
Amendment 997 #
Proposal for a regulation
Article 84 – paragraph 3 – introductory part
3. The renewal of the registration of a variety in a national variety register shall only be granted if the following conditions are met:variety continues complying with the requirements of Article 56, and, where applicable of Article 57;
2013/12/18
Committee: AGRI
Amendment 998 #
Proposal for a regulation
Article 84 – paragraph 3 – point a
(a) the variety continues complying with the requirements of Article 56, and, where applicable of Article 57;deleted
2013/12/18
Committee: AGRI
Amendment 1000 #
Proposal for a regulation
Article 84 – paragraph 3 – point b
(b) the competent authority determines that a person is responsible for maintaining the variety in accordance with the provisions of Article 86.deleted
2013/12/18
Committee: AGRI
Amendment 1002 #
Proposal for a regulation
Article 84 – paragraph 4
4. The competent authority may renew the registration of a variety in a national variety register, without an application for renewal being submitted pursuant to paragraphs 1 and 2, where it considers that the renewal of that registration serves sustainable agricultural production and the preservation of genetic diversity, and that the conditions of paragraph 3 are fulfilled.
2013/12/18
Committee: AGRI
Amendment 1007 #
Proposal for a regulation
Article 85 – paragraph 2 – subparagraph 1
On request by the applicant or a third party, the competent authority may allow a variety deleted or expired from the national variety register in accordance to paragraph 1(b), 1(c), 1(d), 1(e), 1(f) or 1(h) to continue to be made available on the market until 30 June of the third year following the deletion from the register.
2013/12/18
Committee: AGRI
Amendment 1008 #
Proposal for a regulation
Article 85 – paragraph 2 – subparagraph 2
That request shall be submitted no later than the date of the expiration of the registration period.deleted
2013/12/18
Committee: AGRI
Amendment 1010 #
Proposal for a regulation
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, and in the case of a hybrid including its parent lines, to a gene bank dedicated to the conservation of genetic resources.
2013/12/18
Committee: AGRI
Amendment 1011 #
Proposal for a regulation
Article 86
[...]deleted
2013/12/18
Committee: AGRI
Amendment 1012 #
Proposal for a regulation
Article 86 – paragraph 1 a (new)
1a. Any other person may notify the competent authority with reference to a registered variety that that person is acting as an additional maintainer.
2013/12/18
Committee: AGRI
Amendment 1022 #
Proposal for a regulation
Article 87 – paragraph 1 – point f
(f) controls on the maintenance as referred to in Article 86(5).deleted
2013/12/18
Committee: AGRI
Amendment 1027 #
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
Amendment 1029 #
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
Amendment 1032 #
Proposal for a regulation
Article 89 – paragraph 1
1. Fees provided for in Article 87 and 88 shall not directly or indirectly be refunded, unless unduly collected.
2013/12/18
Committee: AGRI
Amendment 1040 #
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 exempted from the payment of the fees provided for in Article 87 and Article 88.
2013/12/18
Committee: AGRI
Amendment 1041 #
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 millionbeing microenterprises as defined in Commission Recommendation 2003/361/EC shall be exempted from the payment of the fees provided for in Article 87 and Article 88.
2013/12/18
Committee: AGRI
Amendment 1044 #
Proposal for a regulation
Article 89 – paragraph 3
3. The costs referred to in Articles 87 and 88 shall not include those incurred for the performance of official controls on the applicants referred to in paragraph 2.deleted
2013/12/18
Committee: AGRI
Amendment 1069 #
Proposal for a regulation
Article 96 – paragraph 1
1. Varieties and clones registered in the Union variety register shall be maintained by the applicant, or by any other person acting in mutual agreement with the applicant. The other person shall be notified to the Agency.deleted
2013/12/18
Committee: AGRI
Amendment 1091 #
Proposal for a regulation
Article 103 – paragraph 4
4. The competent authority shall take appropriate measures to, on request, make available the information contained in the files of the national variety register to any person requesting access to this information. This access has to be granted free of charge and by electronic means. This provision shall not apply whereas long as the information must be treated as confidential pursuant to Article 75.
2013/12/18
Committee: AGRI
Amendment 1092 #
Proposal for a regulation
Article 103 – paragraph 4
4. The competent authority shall take appropriate measures to, on request, make available the information contained in the files of the national variety register to any person requesting access to this information. This provision shall not apply whereas long as the information must be treated as confidential pursuant to Article 75.
2013/12/18
Committee: AGRI
Amendment 1093 #
Proposal for a regulation
Article 104 – paragraph 1
1. The Aagency shall notify the competent authorities and the Commission of, on request, to make available the information contained in the files of the national variety register to any person requesting access to theis information required to access the Union variety register. This provision shall not apply as long as the information must be treated as confidential pursuant to Article 75.
2013/12/18
Committee: AGRI
Amendment 1095 #
Proposal for a regulation
Article 104 – paragraph 4
4. The Agency shall take appropriate measures to make available, on request, the information contained in the files of the Union variety register to any person requesting access to that information. This access has to be granted free of charge and by electronic means. This provision shall not apply whereas long as the information must be treated as confidential under Article 75.
2013/12/18
Committee: AGRI
Amendment 1099 #
Proposal for a regulation
Part IV (articles 105 to 139)
[...]deleted
2013/12/18
Committee: AGRI
Amendment 1135 #
Proposal for a regulation
Article 140 – paragraph 2
2. The delegation of power referred to in Articles 11(3), 13(3), 14(3), 15(5), 16(2), 17(4), 18(4), 18(6), 20(4), 21(5), 23(3), 30(4), 32(1), 33(3), 34(6), 36(4), 38(4), 39(3), 44(1), 56(5), 56(6), 59(2), 64(4), 65(3), 67(2), 72(2), 74(1), 119, 124(4), 127, 131(2) and 135(4) and 138(1) shall be conferred on the Commission for an indeterminate period of time from the date of the entry into force of this Regulation.
2013/12/18
Committee: AGRI
Amendment 1137 #
Proposal for a regulation
Article 140 – paragraph 3
3. The delegation of power referred to in Articles 11(3), 13(3), 14(3), 15(5), 16(2), 17(4), 18(4), 18(6), 20(4), 21(5), 23(3), 30(4), 32(1), 33(3), 34(6), 36(4), 38(4), 39(3), 44(1), 56(5), 56(6), 59(2), 64(4), 65(3), 67(2), 72(2), 74(1), 119, 124(4), 127, 131(2), 135(4) and 138(1) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2013/12/18
Committee: AGRI
Amendment 1139 #
Proposal for a regulation
Article 140 – paragraph 5
5. A delegated act adopted pursuant to Articles 11(3), 13(3), 14(3), 15(5), 16(2), 17(4), 18(4), 18(6), 20(4), 21(5), 23(3), 30(4), 32(1), 33(3), 34(6), 36(4), 38(4), 39(3), 44(1), 56(5), 56(6), 59(2), 64(4), 65(3), 67(2), 72(2), 74(1), 119, 124(4), 127, 131(2) 135(4) and 138(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
2013/12/18
Committee: AGRI
Amendment 1146 #
Proposal for a regulation
Annex I – item 1
Abies alba Mill.deleted
2013/12/18
Committee: AGRI
Amendment 1149 #
Proposal for a regulation
Annex I – item 2
Abies cephalonica Loudondeleted
2013/12/18
Committee: AGRI
Amendment 1152 #
Proposal for a regulation
Annex I – item 3
Abies grandis Lindl.deleted
2013/12/18
Committee: AGRI
Amendment 1155 #
Proposal for a regulation
Annex I – item 4
Abies pinsapo Boiss.deleted
2013/12/18
Committee: AGRI
Amendment 1158 #
Proposal for a regulation
Annex I – item 5
Acer platanoides L.deleted
2013/12/18
Committee: AGRI
Amendment 1161 #
Proposal for a regulation
Annex I – item 6
Acer pseudoplatanus L.deleted
2013/12/18
Committee: AGRI
Amendment 1173 #
Proposal for a regulation
Annex I – item 16
Alnus glutinosa Gaertn.deleted
2013/12/18
Committee: AGRI
Amendment 1176 #
Proposal for a regulation
Annex I – item 17
Alnus incana Moench.deleted
2013/12/18
Committee: AGRI
Amendment 1185 #
Proposal for a regulation
Annex I – item 28
Betula pendula Roth.deleted
2013/12/18
Committee: AGRI
Amendment 1188 #
Proposal for a regulation
Annex I – item 29
Betula pubescens Ehrh.deleted
2013/12/18
Committee: AGRI
Amendment 1206 #
Proposal for a regulation
Annex I – item 44
Cedrus atlantica (Endl) Manetti ex Carr.deleted
2013/12/18
Committee: AGRI
Amendment 1208 #
Proposal for a regulation
Annex I – item 45
Cedrus libani A. Richardeleted
2013/12/18
Committee: AGRI
Amendment 1225 #
Proposal for a regulation
Annex I – item 61
Fagus sylvatica L.deleted
2013/12/18
Committee: AGRI
Amendment 1236 #
Proposal for a regulation
Annex I – item 73
Fraxinus angustifolia Vahl.deleted
2013/12/18
Committee: AGRI
Amendment 1239 #
Proposal for a regulation
Annex I – item 74
Fraxinus excelsior L.deleted
2013/12/18
Committee: AGRI
Amendment 1248 #
Proposal for a regulation
Annex I – item 84
Larix decidua Mill.deleted
2013/12/18
Committee: AGRI
Amendment 1250 #
Proposal for a regulation
Annex I – item 85
Larix kaempferi (Lamb.) Carr.deleted
2013/12/18
Committee: AGRI
Amendment 1252 #
Proposal for a regulation
Annex I – item 86
Larix sibirica Ledeb.deleted
2013/12/18
Committee: AGRI
Amendment 1255 #
Proposal for a regulation
Annex I – item 87
Larix x eurolepis Henrydeleted
2013/12/18
Committee: AGRI
Amendment 1277 #
Proposal for a regulation
Annex I – item 113
Picea abies (L.) H. Karst.deleted
2013/12/18
Committee: AGRI
Amendment 1280 #
Proposal for a regulation
Annex I – item 114
Picea sitchensis (Bong.) Carr.deleted
2013/12/18
Committee: AGRI
Amendment 1283 #
Proposal for a regulation
Annex I – item 115
Pinus brutia Ten.deleted
2013/12/18
Committee: AGRI
Amendment 1289 #
Proposal for a regulation
Annex I – item 117
Pinus cembra L.deleted
2013/12/18
Committee: AGRI
Amendment 1292 #
Proposal for a regulation
Annex I – item 118
Pinus contorta Douglas ex Loud.deleted
2013/12/18
Committee: AGRI
Amendment 1295 #
Proposal for a regulation
Annex I – item 119
Pinus halepensis Mill.deleted
2013/12/18
Committee: AGRI
Amendment 1298 #
Proposal for a regulation
Annex I – item 120
Pinus leucodermis Antoinedeleted
2013/12/18
Committee: AGRI
Amendment 1301 #
Proposal for a regulation
Annex I – item 121
Pinus nigra Arnoldeleted
2013/12/18
Committee: AGRI
Amendment 1304 #
Proposal for a regulation
Annex I – item 122
Pinus pinaster Aitondeleted
2013/12/18
Committee: AGRI
Amendment 1307 #
Proposal for a regulation
Annex I – item 123
Pinus pinea L.deleted
2013/12/18
Committee: AGRI
Amendment 1310 #
Proposal for a regulation
Annex I – item 124
Pinus radiata D. Dondeleted
2013/12/18
Committee: AGRI
Amendment 1313 #
Proposal for a regulation
Annex I – item 125
Pinus sylvestris L.deleted
2013/12/18
Committee: AGRI
Amendment 1323 #
Proposal for a regulation
Annex I – item 135
Populus spp. and artificial hybrids between those speciesdeleted
2013/12/18
Committee: AGRI
Amendment 1335 #
Proposal for a regulation
Annex I – item 144
Pseudotsuga menziesii (Mirb.) Francodeleted
2013/12/18
Committee: AGRI
Amendment 1340 #
Proposal for a regulation
Annex I – item 147
Quercus cerris L.deleted
2013/12/18
Committee: AGRI
Amendment 1343 #
Proposal for a regulation
Annex I – item 148
Quercus ilex L.deleted
2013/12/18
Committee: AGRI
Amendment 1349 #
Proposal for a regulation
Annex I – item 150
Quercus pubescens Willd.deleted
2013/12/18
Committee: AGRI
Amendment 1352 #
Proposal for a regulation
Annex I – item 151
Quercus robur L.deleted
2013/12/18
Committee: AGRI
Amendment 1355 #
Proposal for a regulation
Annex I – item 152
Quercus rubra L.deleted
2013/12/18
Committee: AGRI
Amendment 1358 #
Proposal for a regulation
Annex I – item 153
Quercus suber L.deleted
2013/12/18
Committee: AGRI
Amendment 1364 #
Proposal for a regulation
Annex I – item 157
Robinia pseudoacacia L.deleted
2013/12/18
Committee: AGRI
Amendment 1377 #
Proposal for a regulation
Annex I – item 171
Tilia cordata Mill.deleted
2013/12/18
Committee: AGRI
Amendment 1380 #
Proposal for a regulation
Annex I – item 172
Tilia platyphyllos Scop.deleted
2013/12/18
Committee: AGRI
Amendment 1397 #
Proposal for a regulation
Annex II – heading
REQUIREMENTS FOR PRE-BASIC, BASIC, AND CERTIFIED AND STANDARD MATERIAL, AND ELEMENTS FOR THE ADOPTION OF THOSE REQUIREMENTS
2013/12/18
Committee: AGRI
Amendment 1400 #
Proposal for a regulation
Annex II – Part A – point 2 – point b
(b) Mother plants shall be treated or excluded as a source of reproductive material in case of positive test results or visual symptoms of pests or defects.deleted
2013/12/18
Committee: AGRI
Amendment 1401 #
Proposal for a regulation
Annex II – Part A – point 2 – point f
(f) Where appropriate, the cultivation of plant reproductive material shall take place separately from the cultivation of material belonging to the same genera or species for food or feed purposes, to ensure health of the material concerned.deleted
2013/12/18
Committee: AGRI
Amendment 1402 #
Proposal for a regulation
Annex II – Part B – paragraph 1 – point h
(h) it shall be free from specific defects and damages to ensure quality and health of the material;deleted
2013/12/18
Committee: AGRI
Amendment 1405 #
Proposal for a regulation
Annex II – Part D – point c
(c) the specific uses of the genera, species, or types of plant reproductive material concerned;deleted
2013/12/18
Committee: AGRI
Amendment 1406 #
Proposal for a regulation
Annex II – Part D – point d
(d) type of reproduction.deleted
2013/12/18
Committee: AGRI
Amendment 1407 #
Proposal for a regulation
Annex II – Part D a (new)
Da. Points 2(a), 2(d), 2(g) of PART A, (b), (c), (e), (h) of PART B and (b) of PART D shall not apply to heterogeneous material, and registration under officially recognised description made available on the market as standard material.
2013/12/18
Committee: AGRI
Amendment 1414 #
Proposal for a regulation
Annex III – Part A – point h
(h) references to the country of production or countries in case of mixture, with the two letter code referred to in point (c), with the exception of niche market material;
2013/12/18
Committee: AGRI
Amendment 1418 #
Proposal for a regulation
Annex III – Part A – point k
(k) where relevant, references to month and year of labelling or references to month and year of last sampling;
2013/12/18
Committee: AGRI
Amendment 1420 #
Proposal for a regulation
Annex III – Part A – point l
(l) the indication, where appropriate, that the plant reproductive material belongs to a variety with officially recognised description only, and indication of the region of origin of that variety;deleted
2013/12/18
Committee: AGRI
Amendment 1421 #
Proposal for a regulation
Annex III – Part A – point l
(l) the indication, where appropriate, that the plant reproductive material belongs to a variety with officially recognised description only, and indication of the region of origin of that variety;deleted
2013/12/18
Committee: AGRI
Amendment 1423 #
Proposal for a regulation
Annex III – Part A – point n b (new)
(nb) the indication of all non-traditional breeding methods used for obtaining that plant reproductive material.
2013/12/18
Committee: AGRI
Amendment 1433 #
Proposal for a regulation
Annex III – Part B – point l
(l) where plant reproductive material is produced and made available on the market together with forest reproductive material, the respective label of plant reproductive material shall indicate ‘not for forestry purposes’.deleted
2013/12/18
Committee: AGRI
Amendment 1435 #
Proposal for a regulation
Annex IV – Part A – point b
(b) they are of vital importance for food processing, feed processing or industrial processing;deleted
2013/12/18
Committee: AGRI
Amendment 1437 #
Proposal for a regulation
Annex IV – Part A – point c
(c) they are of vital importance for resilience and low-input agriculture, including organic agricultural production.deleted
2013/12/18
Committee: AGRI
Amendment 1438 #
Proposal for a regulation
Annex IV – Part A – point c a (new)
(ca) they are of vital importance for food processing, feed processing or industrial Processing. The number of species selected according to the above criteria must not exceed 10;
2013/12/18
Committee: AGRI
Amendment 1443 #
2013/12/18
Committee: AGRI
Amendment 1445 #
2013/12/18
Committee: AGRI
Amendment 1449 #
2013/12/18
Committee: AGRI
Amendment 1451 #
2013/12/18
Committee: AGRI
Amendment 1453 #
2013/12/18
Committee: AGRI
Amendment 1455 #
2013/12/18
Committee: AGRI
Amendment 1457 #
2013/12/18
Committee: AGRI
Amendment 1460 #
Proposal for a regulation
Annex XIII – point 5
5. Directive 1999/105/ECdeleted
2013/12/18
Committee: AGRI