REPORT on the proposal for a regulation of the European Parliament and of the Council on the extension of the term of Community plant variety rights for the species asparagus and the species groups flower bulbs, woody small fruits and woody ornamentals

25.5.2021 - (COM(2021)0036 – C9‑0010/2021 – 2021/0019(COD)) - ***I

Committee on Agriculture and Rural Development
Rapporteur: Bert‑Jan Ruissen

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on the extension of the term of Community plant variety rights for the species asparagus and the species groups flower bulbs, woody small fruits and woody ornamentals

(COM(2021)0036 – C9‑0010/2021 – 2021/0019(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2021)0036),

– having regard to Article 294(2) and the first paragraph of Article 118 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0010/2021),

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

– having regard to the opinion of the European Economic and Social Committee of 24 March 2021[1],

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the report of the Committee on Agriculture and Rural Development (A9-0171/2021),

1. Adopts its position at first reading, taking over the Commission proposal;

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

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

 

 

EXPLANATORY STATEMENT

The Rapporteur welcomes the proposal and suggests adopting it without amendments because of the technical nature of the file. The proposal aims to extend the term of protection of Community plant variety rights from 25 to 30 years for the species asparagus, and the species groups flower bulbs, woody small fruits and woody ornamentals, as provided for in Article 19 of Council Regulation (EC) No 2100/94 on Community plant variety rights. The additional five years of protection already exists in the case of vines, trees and potatoes, reflecting the lengthy, complex and costly development process.

 

In May 2016, the Member States of the Administrative Council of the Community Plant Variety Office (CPVO) by unanimity requested extending the duration of protection for the species in the present proposal, after having analysed the length of time needed for breeding, multiplication and reaching market potential as well as the lifetime of plants in comparison to other species. The breeding process for mentioned species is more lengthy and complex and thus involves high research and development costs. Multiplication and propagation also take more time, mainly due to the vegetative nature of the process as well as other factors. By way of illustration, for flower bulbs generally it takes at least 10 years to build up sufficient volumes of propagation material to introduce a variety at just 1 hectare. As propagation takes place in the open field, breeders will need to protect the variety long before reaching the market. After introduction on the market, it still takes considerable time before varieties are taken up, if at all. In case of plants with a long lifetime, such as asparagus and woody fruit plants, growers only once in many years renew their fields and choose varieties that have proven their value in cultivation under actual circumstances, which further increases the time needed for a variety to reach market potential. The consequence of all this is that the basic period of protection cannot be fully used as in other crops. The development of a new variety of mentioned species takes decades of hard work and a longer protection period is needed to recuperate the high research and development costs.

 

During the feedback consultation, 43 stakeholders submitted their views to the proposal. They all welcomed the proposal and underlined the need for the extended protection in order to ensure the development of more robust varieties meeting growers’ and societal demands.

 

The Rapporteur underlines the importance of a well-functioning system of plant variety rights, which incentivises the continuous development of further varieties, thereby benefiting breeders, growers, farmers, consumers and society at large. Given the challenges ahead and ambitious objectives of the European Green Deal, there will be a pressing need for more robust varieties with improved disease resistance and yield, requiring less water, pesticides and fertilisers, that are better adapted to differing climate conditions and help to prevent losses on the field and in the chain.

 

It is clear that further varieties can only continue to be developed if breeding is viable. Plant variety rights with the appropriate duration will enable breeders to continue their essential work for a sustainable food production and horticulture. It is of particular importance to ensure viability for SME breeders, to incentivise innovation and to also maintain development of varieties for minor crops.

 

The strength of the plant variety rights system is the balanced way in which on the one hand it ensures protection for the breeders’ work, while at the same time ensuring through the breeder’s exemption that others are free to use the protected variety to create another new variety and market it.

 

The European Parliament in its resolutions in 2012, 2015 and 2019, strongly expressed itself against patentability of plants and consistently pointed to the Community plant variety rights system as the right framework to ensure continued development in plant breeding, and it is paramount that the system of plant variety rights remains effective also in the future.

PROCEDURE – COMMITTEE RESPONSIBLE

Title	Extension of the term of Community plant variety rights for the species asparagus and the species groups flower bulbs, woody small fruits and woody ornamentals
References	COM(2021)0036 – C9-0010/2021 – 2021/0019(COD)
Date submitted to Parliament	3.2.2021
Committee responsible  Date announced in plenary	AGRI 11.2.2021
Committees asked for opinions  Date announced in plenary	JURI 11.2.2021
Not delivering opinions  Date of decision	JURI 29.4.2021
Rapporteurs  Date appointed	Bert-Jan Ruissen 26.2.2021
Discussed in committee	21.5.2021
Date adopted	21.5.2021
Result of final vote	+: –: 0:	41 3 2
Members present for the final vote	Mazaly Aguilar, Clara Aguilera, Atidzhe Alieva-Veli, Álvaro Amaro, Eric Andrieu, Attila Ara-Kovács, Carmen Avram, Mara Bizzotto, Daniel Buda, Isabel Carvalhais, Asger Christensen, Angelo Ciocca, Ivan David, Paolo De Castro, Jérémy Decerle, Salvatore De Meo, Herbert Dorfmann, Dino Giarrusso, Francisco Guerreiro, Martin Häusling, Martin Hlaváček, Krzysztof Jurgiel, Jarosław Kalinowski, Elsi Katainen, Gilles Lebreton, Chris MacManus, Colm Markey, Marlene Mortler, Ulrike Müller, Maria Noichl, Juozas Olekas, Pina Picierno, Maxette Pirbakas, Eugenia Rodríguez Palop, Bronis Ropė, Bert-Jan Ruissen, Anne Sander, Petri Sarvamaa, Simone Schmiedtbauer, Annie Schreijer-Pierik, Veronika Vrecionová, Sarah Wiener, Juan Ignacio Zoido Álvarez
Substitutes present for the final vote	Anja Hazekamp, Michaela Šojdrová, Thomas Waitz
Date tabled	26.5.2021

 

 

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

41	+
ECR	Mazaly Aguilar, Bert-Jan Ruissen, Veronika Vrecionová
ID	Mara Bizzotto, Angelo Ciocca, Ivan David
PPE	Álvaro Amaro, Daniel Buda, Salvatore De Meo, Herbert Dorfmann, Jarosław Kalinowski, Colm Markey, Marlene Mortler, Anne Sander, Petri Sarvamaa, Simone Schmiedtbauer, Annie Schreijer-Pierik, Michaela Šojdrová, Juan Ignacio Zoido Álvarez
Renew	Atidzhe Alieva-Veli, Asger Christensen, Jérémy Decerle, Martin Hlaváček, Elsi Katainen, Ulrike Müller
S&D	Clara Aguilera, Eric Andrieu, Attila Ara-Kovács, Carmen Avram, Isabel Carvalhais, Paolo De Castro, Maria Noichl, Juozas Olekas, Pina Picierno
The Left	Chris MacManus, Eugenia Rodríguez Palop
Verts/ALE	Francisco Guerreiro, Martin Häusling, Bronis Ropė, Thomas Waitz, Sarah Wiener

 

3	-
ECR	Krzysztof Jurgiel
NI	Dino Giarrusso
The Left	Anja Hazekamp

 

2	0
ID	Gilles Lebreton, Maxette Pirbakas

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

• [1]  OJ C , , p. .