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)

(COM(2013)0262 – C7‑0121/2013 – 2013/0137(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–       having regard to the Commission proposal to Parliament and the Council (COM(2013)0262),

–       having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0121/2013),

–       having regard to Article 294(3) 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 Austrian Federal Council and the Netherlands House of Representatives, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–       having regard to Rule 55 of its Rules of Procedure,

–       having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0112/2014),

1.      Rejects the Commission proposal;

2.      Calls on the Commission to withdraw its proposal and submit a new one;

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

SHORT JUSTIFICATION

The Committee on the Environment, Public Health and Food Safety calls on the Committee on Agriculture and Rural Development to reject the Commission proposal for a regulation on the production and making available on the market of plant reproductive material based, in particular, on the following reasons:

· The “One size fits all” approach

Due to its broad variety, plant reproductive material is currently regulated by 12 directives, enabling legislation to be adapted to each specific case. Consequently, there is a risk that the “one size fits all” approach taken does not meet the different requirements of existing plant reproductive material and the needs of operators, consumers and competent authorities. Moreover, during the consultations held prior to this legislative proposal being drafted, both the sectors concerned and the Member States were of the opinion that the existing legislative structure was generally satisfactory, although they were open to it being reviewed when appropriate. In proposing that all the current directives be unified in one single legislative act, the Commission is not acting in response to a specific request from the Parties concerned.

· Delegated and implementing acts

Given the significant number of delegated and implementing acts foreseen in the proposal, it is very difficult to properly assess the future impact of the regulation.

· Scope

The proposal also covers forest reproductive material which is currently regulated by Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material. Apart from the fact that this specific sector is already covered by EU legislation, there is no apparent link with food safety (which has been one of the main arguments brought forward by the Commission when presenting the package in May 2013).

In previous discussions, Members of the Committee for the Environment, Public Health and Food Safety also expressed concerns in relation to plant reproductive material for ornamental purposes and propagating material intended for sale to home gardeners, the poor quality of the Commission’s impact assessment, the extended remit of the Community Plant Variety Office (CPVO), vague definitions and unnecessary administrative burdens placed on Member States and operators (potentially leading to reduced choices and less transparency for consumers). Finally, many Members emphasised that EU legislation on plant reproductive material needs to facilitate and encourage the maintenance of biodiversity in agriculture and horticulture.

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The Committee on the Environment, Public Health and Food Safety calls on the Committee on Agriculture and Rural Development, as the committee responsible, to propose rejection of the Commission proposal.

PROCEDURE