(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2014)0180),

–  having regard to Article 294(2) and Articles 42 and 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0109/2014),

–  having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–  having regard to Article 294(3) and Article 43(2) of the Treaty on the Functioning of the European Union,

–  having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Luxembourg Chamber of Deputies and the Austrian Federal Council, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to the opinion of the European Economic and Social Committee of 15 October 2014(1),

–  having regard to the opinion of the Committee of the Regions of 4 December 2014(2).

–  having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 20 November 2017 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–  having regard to Rules 59 and 39 of its Rules of Procedure,

–  having regard to the report of the Committee on Agriculture and Rural Development and the opinion the Committee on the Environment, Public Health and Food Safety (A8-0311/2015),

1.  Adopts its position at first reading hereinafter set out;

2.  Takes note of the Commission statements annexed to this resolution;

3.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

4.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

(1) OJ C 12, 15.1.2015, p. 75. (2) OJ C 19, 21.1.2015, p. 84.

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2018/848.)

Commission statement on temporary experiments for organic varieties

The Commission acknowledges the need to establish conditions under which organic varieties suitable for organic production shall be developed.

For the purpose of establishing criteria for the description of the characteristics of ‘organic varieties suitable for organic production’, as well as defining the conditions under which ‘organic varieties suitable for organic production’ may be produced with a view to marketing, the Commission will organise at the latest 6 months after the date of application of the present Regulation a temporary experiment.

This temporary experiment will establish criteria for describing the distinctness, uniformity, stability, and, where applicable, the value for cultivation and use of organic varieties suitable for organic production and address other marketing conditions such as labelling and packaging. These conditions and criteria will take into account the specific needs and aims of organic agriculture such as enhancing genetic diversity, disease resistance and adaptation to soil and climate conditions. Yearly reports will be produced to monitor the progress of the temporary experiment

In the framework of such an experiment, which shall have a term of seven years and foresee sufficient quantities, Member States may be released from certain obligations laid down in Directive 66/401/EEC, Directive 66/402/EEC, Directive 68/193/EEC, Directive 2002/53/EC, Directive 2002/54/EC, Directive 2002/55/EC, Directive 2002/56/EC, Directive 2002/57/EC, Directive 2008/72/EC and Directive 2008/90/EC.

 The Commission will assess the result of this experiment with a view to propose the amendment of the requirements of the horizontal legislation on the marketing of seeds and other plant reproductive materials to the characteristics of the ‘organic varieties suitable for organic production’.

Commission statement on Article 55

The Commission underlines that it is contrary to the letter and to the spirit of Regulation (EU) No 182/2011 (OJ L 55, 28.2.2011, p. 13) to invoke point (b) of the second subparagraph of Article 5(4) thereof in a systematic manner. Recourse to this provision must respond to a specific need to depart from the rule of principle which is that the Commission may adopt a draft implementing act when no opinion is delivered. Given that it is an exception to the general rule established by Article 5(4), recourse to point b) of the second subparagraph thereof cannot be simply seen as a "discretionary power" of the Legislator, but must be interpreted in a restrictive manner and thus must be justified.