33 Amendments of Guido MILANA related to 2013/0137(COD)
Amendment 166 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the production, with a view to making it available on the market, of plant reproductive material; and
Amendment 176 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) intended solely for, and maintained by, natural persons, gene banks, organisations and networks ofworking for the conservation of genetic resources, or persons belonging to those organisations or networkincluding the conservation in situ on farms;
Amendment 226 #
Proposal for a regulation
Article 3 – point 5
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, whether free of charge or not, with a view to commercial exploitation;
Amendment 235 #
Proposal for a regulation
Article 3 – point 6 – introductory part
Article 3 – point 6 – introductory part
(6) ‘professional operator’ means any natural or legal person carrying out, as a profession, at least one of the following activities with regard to plant reproductive material with a view to making it available on the market:
Amendment 241 #
Proposal for a regulation
Article 3 – point 6 – point a
Article 3 – point 6 – point a
(a) producing;tion, propagation
Amendment 252 #
Proposal for a regulation
Article 3 – point 6 – point e
Article 3 – point 6 – point e
(e) preserving, including storing; and making it available on the market
Amendment 254 #
Proposal for a regulation
Article 3 – point 6 – point f
Article 3 – point 6 – point f
Amendment 322 #
Proposal for a regulation
Article 10 – point 1 – introductory part
Article 10 – point 1 – introductory part
(1) ‘DUS variety’ means a plant grouping within a single botanical taxon of the lowest known rank, which fulfils all of the following requirements:
Amendment 323 #
Proposal for a regulation
Article 10 – point 1 a (new)
Article 10 – point 1 a (new)
(1a) "Heterogeneous variety" means a plant grouping within a single botanical taxon, which fulfils all of the following requirements: (a) it is defined by the expression of the characteristics that results from a variable combination of different genotypes; (b) it is distinguished from any other plant grouping by the expression of at least one of the characteristics referred to in point (a); (c) it is considered as a unit with regard to its suitability for being reproduced unchanged within a determined mode of production, region and environment; (d) is not a mixture of varieties protected by a PBR, and does not contain any patented plant;
Amendment 440 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out that, by way of derogation to paragraph 1 of this Article, plant reproductive material may be produced and made available on the market without belonging to a DUS variety in the meaning of point (1) of Article 10 (‘hereafter ’heterogeneous material or variety‘) and not fulfilling the requirements on distinctiveness, uniformity and stability as set out in articles 60, 61 and 62 and satisfactory value for cultivation and/or use or sustainable value for cultivation and/or use as set out in articles 58 and 59.
Amendment 442 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point a
Article 14 – paragraph 3 – subparagraph 2 – point a
(a) rules on labelling and packagingto indicate to the end purchaser the region of selection of the material and the production location and date of each lot sold; rules on packaging to ensure that it is adapted to the needs of potential professional users;
Amendment 443 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point b
Article 14 – paragraph 3 – subparagraph 2 – point b
(b) rules concerning description of the material, including obtaining procedures, the breeding methods and parental material used, description of the production scheme for the plant reproductive material and availability of standard samples, characteristics shared by all of the plants stemming from the material, or the constant characteristics (in field and/or harvest) but which are not necessarily shared when the material is grown using a specific production method within a specific environment and region, and also depending on the place and year of the commercialized batch of production and the availability of standard samples;
Amendment 448 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point d
Article 14 – paragraph 3 – subparagraph 2 – point d
(d) establishment by the competent local or national authorities of registers for heterogeneous material, modalities for registration and content of those registers;
Amendment 452 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 3
Article 14 – paragraph 3 – subparagraph 3
Those delegated acts shall be adopted by [Office of Publications, please insert date of application of this Regulation…]. They may per every genera or species for which a demand is formulated. To be madopted per particular genera or specie available on the market as heterogeneous hardware, the plant reproductive material must be freely reproduced and obtained, selected and propagated without the use of microbiological processes.
Amendment 469 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Notwithstanding paragraph 1, the plant propagation material belonging to a population of heterogeneous clones resulting from mass selection can be produced and sold on the market preceded by the words "massal selection" if that heterogeneous population is registered in a varietal register for heterogeneous material referred to in Article 14 – .paragraph 3. – point (d).
Amendment 470 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
By way of derogation from paragraph 1, plant reproductive material from a clone may be produced and made available on the market if preceded by the words "niche material" if the clone belongs to niche material as indicated in article 36.
Amendment 613 #
Proposal for a regulation
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
(a) it is made available on the market in small quantities by persons other than professional operators, or by professional operators employing no more than ten persons and whose annual turnover or balance sheet total does not exceed EUR 2 million;. And which are not directly or indirectly dependents of any professional operator whose annual turnover or balance sheet total, added to their own, exceeds EUR 2 million. By way of derogation from paragraph a), associations whose statutory purpose is the preservation and promotion of the diversity of plant genetic resources and whose annual turnover or balance sheet total does not exceed EUR 2 million can market niche material even if they employ more than ten people.
Amendment 614 #
Proposal for a regulation
Article 36 – paragraph 1 – point a a (new)
Article 36 – paragraph 1 – point a a (new)
(a a) it is transmitted by the producer directly to the final grower, or retailer who can then sell it to the final farmer;
Amendment 615 #
Proposal for a regulation
Article 36 – paragraph 1 – point a b (new)
Article 36 – paragraph 1 – point a b (new)
(ab) it is freely reproducible;
Amendment 616 #
Proposal for a regulation
Article 36 – paragraph 1 – point a c (new)
Article 36 – paragraph 1 – point a c (new)
(ac) it was obtained , selected and multiplied without the use of microbiological processes;
Amendment 636 #
Proposal for a regulation
Article 36 – paragraph 3 – introductory part
Article 36 – paragraph 3 – introductory part
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:
Amendment 639 #
Proposal for a regulation
Article 36 – paragraph 3 – point a
Article 36 – paragraph 3 – point a
(a) the maximum size of packages, containers or bundles, commensurate with the needs of professional and non- professional farmers who could use it;
Amendment 640 #
Proposal for a regulation
Article 36 – paragraph 3 – point b
Article 36 – paragraph 3 – point b
(b) requirements concerning traceability, lots and labelling of the niche market material concerned, which indicate to the ultimate purchaser the origin of the variety and the place and year of production of each lot sold.
Amendment 648 #
Proposal for a regulation
Article 36 – paragraph 3 – point c a (new)
Article 36 – paragraph 3 – point c a (new)
(c a) rules on information on processes of multiplication used
Amendment 731 #
Proposal for a regulation
Article 53 – paragraph 1 – point b
Article 53 – paragraph 1 – point b
(b) the denomination of the variety and, for varieties made available on the market before the entry into force of this Regulation, where applicable, its synonyms and the method by which the variety was bred;
Amendment 746 #
Proposal for a regulation
Article 53 – paragraph 1 – point k a (new)
Article 53 – paragraph 1 – point k a (new)
(ka) if applicable, a statement that the variety is protected by plant breeders' rights or is related to a patent.
Amendment 750 #
Proposal for a regulation
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
(2a) All of these data are kept available to the public.
Amendment 806 #
Proposal for a regulation
Article 57 – paragraph 1 – point b a (new)
Article 57 – paragraph 1 – point b a (new)
(ba) or if the variety has never been made available on the market,
Amendment 809 #
Proposal for a regulation
Article 57 – paragraph 1 – point b b (new)
Article 57 – paragraph 1 – point b b (new)
(bb) has been obtained, selected and / or multiplied without the use of microbiological processes.
Amendment 938 #
Proposal for a regulation
Article 71 – paragraph 3 – subparagraph 2
Article 71 – paragraph 3 – subparagraph 2
Amendment 944 #
Proposal for a regulation
Article 71 – paragraph 5 a (new)
Article 71 – paragraph 5 a (new)
5a. Each Member State is required to respond to requests for technical review made by one of its nationals and establish facilities and appropriate organization procedures for this purpose
Amendment 948 #
Proposal for a regulation
Article 72 – paragraph 1 – subparagraph 2 – point b a (new)
Article 72 – paragraph 1 – subparagraph 2 – point b a (new)
(ba) the independence from economic operators or their professional organizations
Amendment 950 #
Proposal for a regulation
Article 73
Article 73