REPORT on the proposal for a regulation of the European Parliament and of the Council on the production and marketing of plant reproductive material in the Union, amending Regulations (EU) 2016/2031, 2017/625 and 2018/848 of the European Parliament and of the Council, and repealing Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 2002/53/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC and 2008/90/EC (Regulation on plant reproductive material)

22.3.2024 - (COM(2023)0414 – C9‑0236/2023 – 2023/0227(COD)) - ***I

Committee on Agriculture and Rural Development
Rapporteur: Herbert Dorfmann
Rapporteur for the opinion of the associated committee pursuant to Rule 57 of the Rules of Procedure
Clergeau Christophe, Committee on the Environment, Public Health and Food Safety

Amendments

• 001-315 (PDF - 355 KB)
• 001-315 (DOC - 133 KB)
• 316-324 (PDF - 121 KB)
• 316-324 (DOC - 30 KB)
• 325-334 (PDF - 137 KB)
• 325-334 (DOC - 32 KB)
• 335-335 (PDF - 100 KB)
• 335-335 (DOC - 28 KB)
• 336-343 (PDF - 122 KB)
• 336-343 (DOC - 30 KB)
• 344-351 (PDF - 130 KB)
• 344-351 (DOC - 31 KB)
• 352-352 (PDF - 114 KB)
• 352-352 (DOC - 72 KB)
• 353-355 (PDF - 100 KB)
• 353-355 (DOC - 29 KB)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on the production and marketing of plant reproductive material in the Union, amending Regulations (EU) 2016/2031, 2017/625 and 2018/848 of the European Parliament and of the Council, and repealing Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 2002/53/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC and 2008/90/EC (Regulation on plant reproductive material)

(COM(2023)0414 – C9‑0236/2023 – 2023/0227(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0414),

– 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 (C9‑0236/2023),

– 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 13 December 2023[1],

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

– having regard to the opinion of the Committee on the Environment, Public Health and Food Safety,

– having regard to the report of the Committee on Agriculture and Rural Development (A9-0149/2024),

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

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.

 

Amendment  1

 

Proposal for a regulation

Title 1

Text proposed by the Commission	Amendment
Proposal for a	Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL	REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the production and marketing of plant reproductive material in the Union, amending Regulations (EU) 2016/2031, 2017/625 and 2018/848 of the European Parliament and of the Council, and repealing Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 2002/53/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC and 2008/90/EC (Regulation on plant reproductive material)	on the production and marketing of plant reproductive material in the Union, amending Regulations (EU) 2016/2031 and (EU) 2017/625 of the European Parliament and of the Council, and repealing Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 2002/53/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC and 2008/90/EC (Regulation on plant reproductive material)

Amendment  2

Proposal for a regulation

Citation 4 a (new)

Text proposed by the Commission	Amendment
	– having regard to the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas of the UN, adopted by the Human Rights Council on 28 September 2018,

Amendment  3

 

Proposal for a regulation

Recital 4

Text proposed by the Commission	Amendment
(4) PRM constitutes the starting material for plant production in the Union. Therefore, it is critical for the production of raw material for food and feed purposes and for the efficient use of plant resources. It contributes to environmental protection and the quality of the food chain and food supply in the Union as a whole. In this regard, the availability, quality and diversity of PRM appears to be of outmost importance to achieve the transition to sustainable food systems called for in the Farm to Fork Strategy36 , agriculture, horticulture, environmental protection, climate change mitigation and adaptation, food and feed security, and the economy in general.	(4) PRM constitutes the starting material for plant production in the Union. Therefore, it is critical for the production of raw material for food and feed purposes and for the efficient use of plant resources. It aims to contribute to environmental protection and the quality of the food chain and food supply in the Union as a whole. In this regard, the availability of high quality and diversity of PRM, including locally adapted varieties that can have the benefit of having a higher tolerance to biotic and abiotic stress, appears to be of outmost importance to achieve the transition to sustainable food systems called for in the Farm to Fork Strategy36 , agriculture, horticulture, environmental protection, climate change mitigation and adaptation, food and feed security, and the economy in general.
__________________	__________________
36 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system (COM(2020) 381 final).	36 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system (COM(2020) 381 final).

Amendment  4

 

Proposal for a regulation

Recital 5

Text proposed by the Commission	Amendment
(5) In order to achieve this transition to sustainable food systems, the Union legislation should therefore take account of the need to ensure the adaptability of the PRM production to the changing agricultural, horticultural and environmental conditions, to face the challenges of climate change, to protect and restore biodiversity and to meet increasing farmers’ and consumers’ expectations related to quality and sustainability of PRM.	(5) In order to achieve this transition to sustainable food systems, the Union legislation should therefore take account of the need to ensure at Member State and Union level the adaptability of the PRM production to the changing agricultural, horticultural and environmental conditions, to face the challenges of climate change, to protect, restore and promote biodiversity and ensure food security and to meet increasing farmers’ and consumers’ expectations related to quality, safety, diversity and sustainability of PRM. This Regulation should stimulate innovation for the development of resilient PRM that would contribute to the enhancement of  crops that promote soil health.

Amendment  5

 

Proposal for a regulation

Recital 12

Text proposed by the Commission	Amendment
(12) This Regulation should cover neither PRM exported to third countries, nor PRM used solely for official testing, breeding, inspections, exhibitions or scientific purposes. This is because such categories of PRM do not require particular harmonised identity or quality standards and do not compromise the identity and quality of other PRM marketed in the Union.	(12) This Regulation should cover neither PRM exported to third countries, nor PRM sold or transferred in any way for official testing, breeding, inspections, exhibitions or scientific purposes, including on-farm research. This is because such categories of PRM do not require particular harmonised identity or quality standards and do not compromise the identity and quality of other PRM marketed in the Union.

Amendment  6

 

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission	Amendment
	(13a) This Regulation should not cover PRM accessed, sold or transferred in any way in limited quantities as defined in Annex VIIa, whether free of charge or not, for the purpose of dynamic conservation as that type of PRM does not require particular harmonised identity or quality standards and does not compromise the identity and quality of other PRM marketed in the Union.

Amendment  7

 

Proposal for a regulation

Recital 18 a (new)

Text proposed by the Commission	Amendment
	(18a) Rules for the in vitro production of clones and their marketing should also be established.

Amendment  8

 

Proposal for a regulation

Recital 19

Text proposed by the Commission	Amendment
(19) Specific rules should be established for the production and marketing of clones, selected clones, multiclonal mixtures and polyclonal PRM, due to their increased importance and use in the PRM sector. In order to ensure transparency, informed choices for their users and effective official controls, the clones should be registered in a special public register established by the competent authorities. Rules for the maintenance of the clones should also be established to ensure their preservation and identification.	(19) Specific rules should be established for the production and marketing of selected clones, and of polyclonal PRM, due to its increased importance and use in the PRM sector. In order to ensure transparency, informed choices for their users and effective official controls, the selected clones and polyclonal PRM should be registered in a special public register established by the competent authorities.

Amendment  9

 

Proposal for a regulation

Recital 32

Text proposed by the Commission	Amendment
(32) Certain types of varieties do not fulfil the established requirements concerning distinctness, uniformity and stability. However, they are important for the conservation and sustainable use of plant genetic resources. They are traditionally grown or new locally produced varieties under specific local conditions and adapted to those conditions. They are characterised, in particular, by reduced uniformity due to a high level of genetic and phenotypical diversity between individual reproductive units. Those varieties are referred to as ‘conservation varieties’. The production and marketing of those varieties contribute to the objectives of the International Treaty on Plant Genetic Resources for Food and Agriculture to promote the conservation and sustainable use of plant genetic resources for food and agriculture (40 ). As a party to the Treaty the Union has committed to support those objectives.	(32) Certain types of varieties do not fulfil the established requirements concerning distinctness, uniformity and stability. However, they are important for the conservation and sustainable use of plant genetic resources, which are crucial for crop genetic diversity and essential for adaptation to environmental changes and future needs. They are traditionally grown or new locally produced varieties under specific local conditions and adapted to those conditions. They are characterised, in particular, by reduced uniformity due to a satisfactory level of genetic and phenotypical diversity between individual reproductive units. Those varieties are referred to as ‘conservation varieties’. It is appropriate to acknowledge that the conservation of genetic resources is a dynamic process and that newly bred varieties adapted to local conditions should be included. The production and marketing of those varieties contribute to the objectives of the International Treaty on Plant Genetic Resources for Food and Agriculture to promote the conservation and sustainable use of plant genetic resources for food and agriculture (40 ). As a party to the Treaty the Union has committed to support those objectives.
__________________	__________________
40 Council Decision 2004/869/EC of 24 February 2004 concerning the conclusion, on behalf of the European Community, of the International Treaty on Plant Genetic Resources for Food and Agriculture (OJ L 378, 23.12.2004, p. 1).	40 Council Decision 2004/869/EC of 24 February 2004 concerning the conclusion, on behalf of the European Community, of the International Treaty on Plant Genetic Resources for Food and Agriculture (OJ L 378, 23.12.2004, p. 1).

Amendment  10

 

Proposal for a regulation

Recital 35

Text proposed by the Commission	Amendment
(35) Many gene banks, organisations and networks operate in the Union with an objective to conserve plant genetic resources. In order to facilitate their activity, it is appropriate to allow that PRM which is marketed to them, or among them, derogates from the established production and marketing requirements, and that instead it complies with less stringent rules.	(35) Many organisations and networks operate in the Union with an objective of dynamic conservation. In order to facilitate their activity, it is appropriate to allow that PRM which is marketed to, by, between and within them, derogates from the established production and marketing requirements, and that instead it complies with less stringent rules.

Amendment  11

 

Proposal for a regulation

Recital 36

Text proposed by the Commission	Amendment
(36) Farmers habitually exchange in kind small quantities of seeds in order to carry out dynamic management of their own seed. It is thus appropriate that a derogation from the established requirements is provided for the exchanges of small quantities of seeds between farmers. Such derogation could apply if those seeds do not belong to a variety for which plant variety rights have been granted in accordance with Council Regulation (EU) 2100/94(41 ). Member States should be allowed to define those small quantities for specific species per year, in order to ensure that there is no misuse of such derogation impacting the marketing of seeds.	(36) Farmers habitually exchange in kind or for monetary compensation small quantities of seeds in order to carry out dynamic management of their own PRM. It is thus appropriate that a derogation from the established requirements is provided for the exchanges of small quantities of PRM between farmers, with maximum quantities to be set at Union level. Such derogation could apply if those PRM do not belong to a variety for which plant variety rights have been granted in accordance with Council Regulation (EU) 2100/94(41). The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of supplementing this Regulation, in order to set up, for each species, the maximum quantity which may be exchanged.
__________________	__________________
41 Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ L 227, 1.9.1994, p. 1).	41 Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ L 227, 1.9.1994, p. 1).

Amendment  12

 

Proposal for a regulation

Recital 38

Text proposed by the Commission	Amendment
(38) The use of PRM that does not belong to a variety pursuant to this Regulation, but rather belongs to a plant grouping within a single botanical taxon, with a high level of genetic and phenotypic diversity between individual reproductive units (‘heterogeneous material’), could have benefits especially in organic production and low input agriculture, through improving resilience and increasing the within-species genetic diversity of cultivated plants. Therefore, PRM of heterogeneous material should be allowed to be produced and marketed without having to comply with the requirements for variety registration and the other production and marketing requirements of this Regulation. Specific requirements for the production and marketing of that material should be set out.	(38) The use of PRM that does not belong to a variety pursuant to this Regulation, but rather belongs to a plant grouping within a single botanical taxon, with a high level of genetic and phenotypic diversity between individual reproductive units (‘heterogeneous material’), could have benefits especially in organic production and low input agriculture, through improving resilience and increasing the within-species genetic diversity of cultivated plants. Therefore, PRM of heterogeneous material, with the exception of fodder plants, should be allowed to be produced and marketed without having to comply with the requirements for variety registration and the other production and marketing requirements of this Regulation. Specific requirements for the production and marketing of that material should be set out.

Amendment  13

 

Proposal for a regulation

Recital 38 a (new)

Text proposed by the Commission	Amendment
	(38a) Heterogeneous material should not consist of a GMO or a category 1 or category 2 NGT plant as defined in Regulation (EU).../... .

Amendment  14

 

Proposal for a regulation

Recital 42

Text proposed by the Commission	Amendment
(42) Specific obligations should be introduced for professional operators active in the area of the production and marketing of PRM, to ensure their accountability, more effective official controls and proper application of this Regulation.	(42) Specific proportionate obligations should be introduced for professional operators active in the area of the production with a view to marketing and marketing of PRM, to ensure their accountability, more effective official controls and proper application of this Regulation. However, the specific characteristics and limitations of micro-enterprises should be taken into consideration.

Amendment  15

 

Proposal for a regulation

Recital 48

Text proposed by the Commission	Amendment
(48) Herbicide tolerant varieties are varieties that have been bred to be intentionally tolerant to herbicides, in order to be cultivated in combination of the use of those herbicides. If such cultivation is not done under appropriate conditions, it may lead to development of weeds resistant to those herbicides, spread of such resistance genes in the environment or to the need to increase of quantities of herbicides applied. As this Regulation aims to contribute to the sustainability of agricultural production, the competent authorities of Member States responsible for the registration of varieties should be able to subject the cultivation of those varieties in their territory to cultivation conditions appropriate for avoiding those undesirable effects. Moreover, where varieties have particular characteristics, other than tolerance to herbicides, that could have undesirable agronomic effects, they should also be subject to cultivation conditions, in order to address those agronomic effects. Those conditions should apply to the cultivation of those varieties for any purpose, including food, feed and other products, and not only for purposes of production and marketing of PRM. This is necessary to achieve the objectives of this Regulation to contribute to sustainable agricultural production beyond the stage of production and marketing of PRM.	(48) Herbicide tolerant varieties are varieties that have been bred to be intentionally tolerant to herbicides, in order to be cultivated in combination of the use of those herbicides. If such cultivation is not done under appropriate conditions, it may lead to development of weeds resistant to those herbicides, spread of such resistance genes in the environment or to the need to increase of quantities of herbicides applied. As this Regulation aims to contribute to the sustainability of agricultural production, the competent authorities of Member States responsible for the registration of varieties and the Member States where the varieties are to be cultivated, should be able to subject the cultivation of those varieties in their territory to cultivation conditions appropriate for avoiding those undesirable effects. Moreover, where varieties have particular characteristics, other than tolerance to herbicides, that could have undesirable agronomic effects, they should also be subject to cultivation conditions, in order to address those agronomic effects. Those conditions should apply to the cultivation of those varieties for any purpose, including food, feed and other products, and not only for purposes of production and marketing of PRM. This is necessary to achieve the objectives of this Regulation to contribute to sustainable agricultural production beyond the stage of production and marketing of PRM.

Amendment  16

 

Proposal for a regulation

Recital 49

Text proposed by the Commission	Amendment
(49) In order to contribute to the sustainability of agricultural production and serve economic, environmental and broader societal needs, new varieties of all genera or species should show an improvement compared to the other varieties of the same genera or species registered in the same national variety register, concerning certain aspects. Among those aspects are their yield, including yield stability and yield under low input conditions; tolerance/resistance to biotic stresses, including plant diseases caused by nematodes, fungi, bacteria, viruses, insects and other pests; tolerance/resistance to abiotic stresses, including adaptation to climate change conditions; more efficient use of natural resources, such as water and nutrients; reduced need for external inputs, such as plant protection products and fertilisers; characteristics that enhance the sustainability of storage, processing and distribution; and quality or nutritional characteristics (‘value for sustainable cultivation and use’). For the purpose of deciding on the variety registration and in order to provide sufficient flexibility to register varieties with the most desirable characteristics, those aspects should be considered for a given variety as a whole.	(49) In order to contribute to the sustainability of agricultural production and serve economic, environmental and broader societal needs, new varieties should show an improvement compared to the other varieties of the same genera or species registered in the same national variety register, concerning certain agronomic, use and environmental aspects. Among those aspects are their yield, including yield stability and yield under low input conditions; tolerance/resistance to biotic stresses, including plant diseases caused by nematodes, fungi, bacteria, viruses, insects and other pests; tolerance/resistance to abiotic stresses, including adaptation to climate change conditions; more efficient use of natural resources, such as water and nutrients; reduced need for external inputs, such as plant protection products and fertilisers; characteristics that enhance the sustainability of cultivation, harvesting, storage, processing, distribution and use; and quality, or nutritional characteristics (‘value for sustainable cultivation and use’) or characteristics important for processing. For the purpose of deciding on the variety registration and in order to provide sufficient flexibility to register varieties with the most desirable characteristics, those aspects should be considered for a given variety as a whole. Given the significant resources and preparation needed for that examination, for species listed in Parts B and C of Annex I it should be performed in a voluntary way. In cases where the examination is a condition for access to the register, that examination should be carried out only by the competent authority.

Amendment  17

 

Proposal for a regulation

Recital 55

Text proposed by the Commission	Amendment
(55) However, there should be the possibility to carry out the technical examination for the satisfactory value for sustainable cultivation and use of a variety on the premises of the applicant and under the official supervision of the competent authority. This is necessary in order to ease the administrative burden, ensure the availability of testing facilities and reduce costs for the competent authorities. However, the competent authority should be in charge of the testing arrangements. Moreover, professional operators involved in the breeding of new varieties, and on the basis of their co-operation with the competent authorities, have proven qualified to carry out such examinations as they possess the respective expertise, knowledge and appropriate resources.	(55) There should be the possibility to carry out the technical examination for the satisfactory value for sustainable cultivation and use of a variety on the premises of the applicant and under the official supervision of the competent authority in the voluntary system. This could ease the administrative burden, ensure the availability of testing facilities and reduce costs for the competent authorities. However, the competent authority should be in charge of the testing arrangements. Moreover, professional operators involved in the breeding of new varieties, and on the basis of their co-operation with the competent authorities, have proven qualified to carry out such examinations as they possess the respective expertise, knowledge and appropriate resources. However, in cases where the examination is a mandatory condition for access to the register, that examination should be carried out only by the competent authority.

Amendment  18

 

Proposal for a regulation

Recital 57

Text proposed by the Commission	Amendment
(57) The period of the registration of a variety should be 10 years, so as to encourage innovation in the breeding sector, and the removal from the market of old varieties and their replacement by new ones. However, that period should be 30 years for varieties of genera or species of fruit plants and vine, due to the longer time required for the completion of the productive cycle of those genera or species.	(57) The period of the registration of a variety should be 10 years, so as to encourage innovation in the breeding sector, and the removal from the market of old varieties and their replacement by new ones. However, that period should be 30 years for varieties of genera or species of fruit plants and vine and for conservation varieties, due to the longer time required for the completion of the productive cycle of those genera or species.

Amendment  19

 

Proposal for a regulation

Recital 64

Text proposed by the Commission	Amendment
(64) Regulation (EU) 2018/848 should be amended to align the definitions of ‘plant reproductive material’ and ‘heterogeneous material’ with the definitions provided for by this Regulation. Moreover, the empowerment for the Commission to adopt specific provisions for the marketing of PRM of organic heterogeneous material should be excluded from Regulation (EU) 2018/848, as all rules concerning the production and marketing of PRM should be set out in this Regulation for reasons of legal clarity.	deleted

Amendment  20

 

Proposal for a regulation

Recital 85

Text proposed by the Commission	Amendment
(85) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred to the Commission for deciding on the organisation of temporary experiments to seek improved alternatives to the scope and certain provisions of this Regulation.	(85) The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of supplementing this Regulation by specific rules on the organisation of temporary experiments to seek improved alternatives to the scope and certain provisions of this Regulation.

 

Amendment  21

 

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission	Amendment
This Regulation lays down rules for the production and marketing in the Union of plant reproductive material (‘PRM’), and in particular requirements for the production of PRM in the field and other sites, categories of material, identy and quality requirements, certification, labelling, packaging, imports, professional operators and the registration of varieties.	This Regulation lays down rules for the production with a view to marketing in the Union of plant reproductive material (‘PRM’), and for the marketing in the Union of PRM, and in particular requirements for the production of PRM in the field and other sites, categories of material, identity and quality requirements, certification, labelling, packaging, imports, professional operators and the registration of varieties.

Amendment  22

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission	Amendment
This Regulation also lays down rules concerning the conditions of cultivation of certain varieties that could have undesirable agronomic effects, including the cultivation for purposes beyond the production and marketing of PRM, for the production of food, feed and other products.	This Regulation also lays down rules concerning the conditions of cultivation of certain varieties that are tolerant to herbicides or could have undesirable agronomic effects, including cultivation for purposes beyond the production and marketing of PRM, for the production of food, feed and other products.

 

Amendment  23

Proposal for a regulation

Article 2 – paragraph 1 – subparagraph 3

Text proposed by the Commission	Amendment
The requirements concerning production of PRM shall apply only to production with a view to its marketing.	The requirements concerning production or imports of PRM shall apply only with a view to its marketing within the Union.

Amendment  24

 

Proposal for a regulation

Article 2 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) to ensure quality and diversity of choice for PRM, and its availability for professional operators and final users;	(a) to ensure quality, safety and diversity of choice for PRM, and its availability for professional operators, farmers and final users;

Amendment  25

 

Proposal for a regulation

Article 2 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) to ensure a equal conditions for the competition of the professional operators across the Union and the functioning of the internal market in PRM;	(b) to ensure fair conditions for the competition of the professional operators across the Union and the functioning of the internal market in PRM;

Amendment  26

 

Proposal for a regulation

Article 2 – paragraph 2 – point d

Text proposed by the Commission	Amendment
(d) to contribute to conservation and sustainable use of plant genetic resources and agro-biodiversity;	(d) to contribute to the dynamic conservation and sustainable use of plant genetic resources and agro-biodiversity;

Amendment  27

 

Proposal for a regulation

Article 2 – paragraph 2 – point e

Text proposed by the Commission	Amendment
(e) to contribute to sustainable agricultural production, adapted to current and future projected climatic conditions;	(e) to contribute to sustainable agricultural production, adapted to current and future projected climatic and soil conditions;

Amendment  28

 

Proposal for a regulation

Article 2 – paragraph 2 – point f

Text proposed by the Commission	Amendment
(f) to contribute to food security	(f) to contribute to food security and food sovereignty.

Amendment  29

 

Proposal for a regulation

Article 2 – paragraph 3 – subparagraph 1

Text proposed by the Commission	Amendment
The Commission is empowered in accordance with Article 75 to adopt delegated acts, amend Annex I, in order to adapt it to the developments of technical and scientific knowledge, and the economic data concerning production and marketing of genera and species, by adding genera and species to or removing them from the list that Annex.	The Commission is empowered in accordance with Article 75 to adopt delegated acts, amending Annex I, in order to adapt that Annex to the developments of technical and scientific knowledge, and the economic data concerning production and marketing of genera and species, by adding genera and species to or removing them from the list in that Annex.

Amendment  30

 

Proposal for a regulation

Article 2 – paragraph 3 – subparagraph 2 – introductory part

Text proposed by the Commission	Amendment
The delegated act referred to in the first subparagraph shall add genera or species to the list in Annex I if they fulfil at least two of the following elements:	The delegated acts referred to in the first subparagraph shall add genera or species to the list in Annex I if they fulfil at least two of the following elements:

Amendment  31

 

Proposal for a regulation

Article 2 – paragraph 3 – subparagraph 2 – point c a (new)

Text proposed by the Commission	Amendment
	(ca) present an interest in terms of environmental sustainability.

Amendment  32

Proposal for a regulation

Article 2 – paragraph 4 – point a

Text proposed by the Commission	Amendment
(a) propagating material of ornamental plants as defined in Article 2 of Directive 98/56/EC;	(a) propagating material of ornamental plants as defined in Article 2 of Directive 98/56/EC, and propagating material of genera or species listed in Annex I to this Regulation which are exclusively used for ornamental purposes;

Amendment  33

Proposal for a regulation

Article 2 – paragraph 4 – point b

Text proposed by the Commission	Amendment
(b) forest reproductive material as defined in Article 3 of Regulation (EU) .../… of the European Parliament and of the Council47 +;	(b) forest reproductive material as defined in Article 3 of Regulation (EU) .../… of the European Parliament and of the Council47+ and propagating material of genera or species listed in Annex I to this Regulation which are exclusively used for forestry purposes;
__________________	__________________
47 Regulation (EU) .../… of the European Parliament and of the Council …. (OJ…., p….).	47 Regulation (EU) .../… of the European Parliament and of the Council …. (OJ…., p….)..
+ OJ: Please insert in the text the number of the Regulation contained in document (… (COD)) and insert the number, date, title and OJ reference of that Regulation in the footnote.	+ OJ: Please insert in the text the number of the Regulation contained in document (… (COD)) and insert the number, date, title and OJ reference of that Regulation in the footnote.

Amendment  34

Proposal for a regulation

Article 2 – paragraph 4 – point c

Text proposed by the Commission	Amendment
(c) PRM produced for export to third countries;	(c) PRM produced solely for export to third countries;

Amendment  35

 

Proposal for a regulation

Article 2 – paragraph 4 – point e

Text proposed by the Commission	Amendment
(e) PRM used solely for official testing, breeding, inspections, exhibitions or scientific purposes.	(e) PRM sold or transferred in any way, whether free of charge or not, for official testing, breeding, inspections, exhibitions or scientific purposes, including on-farm research and activities carried out by gene banks;

Amendment  36

 

Proposal for a regulation

Article 2 – paragraph 4 – point e a (new)

Text proposed by the Commission	Amendment
	(ea) PRM accessed, sold or transferred in any way in small quantities as defined in Annex VIIa, whether free of charge or not, for the purpose of dynamic conservation as set out in Article 29;

Amendment  37

 

Proposal for a regulation

Article 2 – paragraph 4 – point e b (new)

Text proposed by the Commission	Amendment
	(eb) PRM produced by farmers for their own use.

Amendment  38

 

Proposal for a regulation

Article 3 – paragraph 1 – point 2 – introductory part

Text proposed by the Commission	Amendment
(2) ‘professional operator’ means any natural or legal person, involved professionally in one or more of the following activities in the Union concerning PRM:	(2) ‘professional operator’ means any natural or legal person, involved professionally in one or more of the following activities in the Union concerning the commercial exploitation of PRM:

Amendment  39

 

Proposal for a regulation

Article 3 – paragraph 1 – point 2 – point c

Text proposed by the Commission	Amendment
(c) maintenance of varieties;	(c) maintenance or multiplication of varieties;

Amendment  40

Proposal for a regulation

Article 3 – paragraph 1 – point 3

Text proposed by the Commission	Amendment
(3) ‘marketing’ means the following actions conducted by a professional operator: sale, holding, transfer for free, or offering for sale or any other way of transferring or distribution within, or import into, the Union	(3) ‘marketing’ means the following commercial actions conducted by a professional operator: sale, holding, or offering for sale, including online sale, or any other way of transferring or distribution within, or import into, the Union aimed at the commercial exploitation of the PRM;

Amendment  41

Proposal for a regulation

Article 3 – paragraph 1 – point 5

Text proposed by the Commission	Amendment
(5) ‘clone’ means an individual plant progeny, originally derived from another single plant by vegetative reproduction, remaining genetically identical to that plant;	(5) ‘clone’ means:
	(a) an individual plant progeny, originally derived from another single plant by vegetative reproduction, remaining genetically identical to that plant; or
	(b) the vegetative genetically uniform progeny of a single plant;

 

Amendment  42

 

Proposal for a regulation

Article 3 – paragraph 1 – point 6

Text proposed by the Commission	Amendment
(6) ‘selected clone’ means a clone that has been selected and chosen for some special intravarietal phenotypic traits and its phytosanitary status that give the selected clone a better performance, is true to the description of the variety to which it belongs and, in the case of selected clones not belonging to a variety, it is true to the description of the species to which it belongs;	(6) ‘selected clone’ means a clone that has been selected and chosen for some special intravarietal phenotypic traits and its phytosanitary status that give the selected clone a better performance, is true to the description of the variety of vines and those species of fruit trees in which such intravarietal variability has occured, to which the selected clone belongs;

Amendment  43

 

Proposal for a regulation

Article 3 – paragraph 1 – point 7

Text proposed by the Commission	Amendment
(7) ‘polyclonal plant reproductive material’ means a group of several distinct individual plant progenies derived from different genotypes, each of which is true to the description of the variety to which it belongs;	(7) ‘polyclonal plant reproductive material’ means propagating material obtained from a selection of a group of at least seven genotypes with the prediction of genetic gains, made through quantitative genetic tools, from the same experimental set of a specific ancient variety, containing most of its intra-varietal diversity;

Amendment  44

 

Proposal for a regulation

Article 3 – paragraph 1 – point 8

Text proposed by the Commission	Amendment
(8) ‘multiclonal mixture’ means a mixture of selected clones, all belonging to the same variety or species, as appropriate, whereby each of them has been obtained through independent selection;	deleted

Amendment  45

Proposal for a regulation

Article 3 – paragraph 1 – point 12

Text proposed by the Commission	Amendment
(12) ‘variety maintenance’ means the actions taken for controlling varietal purity and identity with the aim to ensure that a variety remains in accordance with its description over subsequent cycles of reproduction;	(12) ‘variety maintenance’ means the actions taken for controlling varietal purity and identity with the aim to ensure that the variety characteristics remain true to their description over subsequent cycles of reproduction;

Amendment  46

 

Proposal for a regulation

Article 3 – paragraph 1 – point 14

Text proposed by the Commission	Amendment
(14) ‘pre-basic seed’ means seed that belongs to a generation preceeding the generation of the basic seed, is intended for the production and certification of basic or certified seed, and has been found by means of official certification, or certification under official supervision, to satisfy the respective conditions laid down in Part A of Annex II;	(14) ‘pre-basic seed’ means seed that belongs to a generation preceeding the generation of the basic seed, is intended for the production and certification of basic or certified seed, and has been found by means of official certification, or certification under official supervision, to satisfy the respective conditions laid down in Parts A and D of Annex II;

Amendment  47

 

Proposal for a regulation

Article 3 – paragraph 1 – point 15

Text proposed by the Commission	Amendment
(15) ‘basic seed’ means seed that has been produced from pre-basic seed or preceding generations of basic seed, is intended for the production of further generations of basic seed or certified seed, and which has been found by means of official certification, or certification under official supervision, to satisfy the respective conditions laid down in Part A of Annex II;	(15) ‘basic seed’ means seed that has been produced from pre-basic seed or preceding generations of basic seed, is intended for the production of further generations of basic seed or certified seed, and which has been found by means of official certification, or certification under official supervision, to satisfy the respective conditions laid down in Parts A and D of Annex II;

Amendment  48

 

Proposal for a regulation

Article 3 – paragraph 1 – point 16

Text proposed by the Commission	Amendment
(16) ‘certified seed’ means seed that has been produced from pre-basic, basic or preceding generations of certified seed, and which has been found by means of official certification, or certification under official supervision, to satisfy the respective conditions laid down in Part A of Annex II;	(16) ‘certified seed’ means seed that has been produced from pre-basic, basic or preceding generations of certified seed, and which has been found by means of official certification, or certification under official supervision, to satisfy the respective conditions laid down in Parts A and D of Annex II;

Amendment  49

 

Proposal for a regulation

Article 3 – paragraph 1 – point 17

Text proposed by the Commission	Amendment
(17) ‘standard seed’ means seed, other than pre-basic, basic or certified seed, that is not intended for further multiplication, and satisfies the respective conditions laid down in Part A of Annex III;	(17) ‘standard seed’ means seed, other than pre-basic, basic or certified seed, that is not intended for further multiplication, and satisfies the respective conditions laid down in Parts A and D of Annex III;

Amendment  50

 

Proposal for a regulation

Article 3 – paragraph 1 – point 18

Text proposed by the Commission	Amendment
(18) ‘pre-basic material’ means PRM, other than seeds, that belongs to a generation preceeding the generation of basic material, is intended for the production and certification of basic or certified material, and has been found by means of official certification or certification under official supervision to satisfy the respective conditions laid down in Part B of Annex II;	(18) ‘pre-basic material’ means PRM, other than seeds, that belongs to a generation preceeding the generation of basic material, is intended for the production and certification of basic or certified material, and has been found by means of official certification or certification under official supervision to satisfy the respective conditions laid down in Parts B, C and E of Annex II;

Amendment  51

 

Proposal for a regulation

Article 3 – paragraph 1 – point 19

Text proposed by the Commission	Amendment
(19) ‘basic material’ means PRM, other than seed, that has been produced from pre-basic material or preceding generations of basic material, is intended for the production and certification of further generations of basic material or certified material, and has been found by means of official certification or certification under official supervision to satisfy the respective conditions laid down in Part B of Annex II;	(19) ‘basic material’ means PRM, other than seed, that has been produced from pre-basic material or preceding generations of basic material, is intended for the production and certification of further generations of basic material or certified material, and has been found by means of official certification or certification under official supervision to satisfy the respective conditions laid down in Parts B, C and E of Annex II;

Amendment  52

 

Proposal for a regulation

Article 3 – paragraph 1 – point 20

Text proposed by the Commission	Amendment
(20) ‘certified material’ means PRM, other than seed, that has been produced from pre-basic, basic or preceding generations of certified material, and has been found by means of official certification or certification under official supervision to satisfy the respective conditions laid down in Part B of Annex II;	(20) ‘certified material’ means PRM, other than seed, that has been produced from pre-basic, basic or preceding generations of certified material, and has been found by means of official certification or certification under official supervision to satisfy the respective conditions laid down in Parts B, C and E of Annex II;

Amendment  53

 

Proposal for a regulation

Article 3 – paragraph 1 – point 21

Text proposed by the Commission	Amendment
(21) ‘standard material’ means PRM other than seed, and other than pre-basic, basic or certified material, that is not intended for further multiplication, and satisfies the respective conditions laid down in Part B of Annex III;	(21) ‘standard material’ means PRM other than seed, and other than pre-basic, basic or certified material, that is not intended for further multiplication, and satisfies the respective conditions laid down in Parts B, C and E of Annex III;

Amendment  54

Proposal for a regulation

Article 3 – paragraph 1 – point 28

Text proposed by the Commission	Amendment
(28) ‘final user’ means any person acquiring, transferring and using PRM for purposes which are outside that person’s professional activities;	(28) ‘final user’ means any person acquiring, transferring and using PRM for purposes which are outside that person’s primary professional activities;

Amendment  55

Proposal for a regulation

Article 3 – paragraph 1 – point 29 – point a

Text proposed by the Commission	Amendment
(a) traditionally grown or locally newly bred under specific local conditions in the Union, and adapted to those conditions; and	(a) either a traditionally grown landrace or a newly bred variety (modern landrace) derived from on-farm selection or bred for adaptation to local conditions in the context of the sustainable use of plant genetic resources for food and agriculture;

Amendment  56

 

Proposal for a regulation

Article 3 – paragraph 1 – point 29 – point a a (new)

Text proposed by the Commission	Amendment
	(aa) not an F1 hybrid variety;

Amendment  57

Proposal for a regulation

Article 3 – paragraph 1 – point 29 – point b

Text proposed by the Commission	Amendment
(b) characterised by a high level of genetic and phenotypical diversity between individual reproductive units;	(b) characterised by a satisfactory level of genetic and phenotypical diversity between individual reproductive units;

Amendment  58

 

Proposal for a regulation

Article 3 – paragraph 1 – point 29 – point b a (new)

Text proposed by the Commission	Amendment
	(ba) not subject, as a whole or in genetic components, to intellectual property rights that limit its use for conservation, research, breeding, education, including on farm by a farmer who uses the PRM grown on the farm, of that variety for those objectives;

Amendment  59

 

Proposal for a regulation

Article 3 – paragraph 1 – point 30 – point c

Text proposed by the Commission	Amendment
(c) their presence has an unacceptable adverse impact on the quality of the PRM, and an unacceptable economic impact as regards the use of that PRM in the Union;	(c) their presence has an unacceptable impact on the quality of the PRM, and an unacceptable economic impact as regards the use of that PRM in the Union;

Amendment  60

 

Proposal for a regulation

Article 3 – paragraph 1 – point 31

Text proposed by the Commission	Amendment
(31) ‘practically free from pests’ means completely free from pests, or a situation where the presence of quality pests on the respective PRM is so low that those pests do not affect adversely the quality of that PRM;	(31) ‘practically free from quality pests’ means a situation where the presence of quality pests on the respective PRM is so low that those pests do not affect excessively the quality of that PRM;

Amendment  61

Proposal for a regulation

Article 3 – paragraph 1 – point 32

Text proposed by the Commission	Amendment
(32) ‘seed potatoes’ means tubers of Solanum tuberosum L., used for the reproduction of other potatoes;	(32) ‘seed potatoes’ means tubers of Solanum tuberosum L., used for the reproduction of potatoes;

Amendment  62

 

Proposal for a regulation

Article 3 – paragraph 1 – point 35 a (new)

Text proposed by the Commission	Amendment
	(35a) ‘dynamic conservation’ means the preservation of genetic diversity within and between cultivated plant species, and includes both the in situ conservation, whether on farm or in garden, the ex situ conservation outside of their natural habitat, and the sustainable use of plant genetic resources and agro-biodiversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining the potential to meet the needs and aspirations of present and future generations;

Amendment  63

 

Proposal for a regulation

Article 3 – paragraph 1 – point 35 b (new)

Text proposed by the Commission	Amendment
	(35b) ‘NGT plant’ means plants obtained by certain new genomic techniques as defined in Article 3, point 2 of Regulation (EU) .../...  [OJ, please insert reference to Regulation on plants obtained by certain new genomic techniques and their food and feed] of the European Parliament and of the Council];

Amendment  64

 

Proposal for a regulation

Article 3 – paragraph 1 – point 35 c (new)

Text proposed by the Commission	Amendment
	(35c) 'commercial seed' means seed produced and marketed for mixtures referred to in Article 21 which is identifiable as belonging to a species, but not a variety, and which has been found by official certification or by certification carried out under official supervision to satisfy the conditions set out in this Regulation for certified seed with the exception of the requirement in Article 5;

Amendment  65

 

Proposal for a regulation

Article 3 – paragraph 1 – point 35 d (new)

Text proposed by the Commission	Amendment
	(35d) ‘small packages’ means packages containing seed or material up to a maximum of:
	(a)  30 kg for cereals, seed potatoes;
	(b)  10 kg for fodder plants, beet, oil and fibre plants;
	(c)  5 kg for legumes;
	(d)  500 g for onions, chervil, asparagus, spinach beet or chard, red beet or beetrood, turnips, water melon, gourd, marrows, carrots, radishes, scorzonera or black salsify, spinach, cornsalad or lamb's lettuce;
	(e)  100 g for all other species of vegetables;
	(f)  in the case of fruit and vine cuttings, 100 individuals with at least five useable eyes.

Amendment  66

 

Proposal for a regulation

Article 5 – paragraph 1 – point e

Text proposed by the Commission	Amendment
(e) as seed exchanged in kind between farmers in accordance with Article 30;	(e) as PRM exchanged between farmers in accordance with Article 30;

Amendment  67

 

Proposal for a regulation

Article 5 – paragraph 1 – point f

Text proposed by the Commission	Amendment
(f) as breeder’s seed, in accordance with Article 31;	deleted

Amendment  68

 

Proposal for a regulation

Article 6 – paragraph 2 – point d

Text proposed by the Commission	Amendment
(d) as seed exchanged in kind between farmers in accordance with Article 30;	(d) as PRM exchanged between farmers in accordance with Article 30;

Amendment  69

 

 

Proposal for a regulation

Article 6 – paragraph 2 – point e

Text proposed by the Commission	Amendment
(e) breeder’s seed as referred to in Article 31.	deleted

Amendment  70

 

Proposal for a regulation

Article 7 – paragraph 1 – point b – point ii

Text proposed by the Commission	Amendment
(ii) in accordance with the requirements set out in Part A of Annex II, and its compliance with those requirements is attested by the official label referred to in Article 15(1).	(ii) in accordance with the requirements set out in Parts A and D of Annex II, and its compliance with those requirements is attested by the official label referred to in Article 15(1).

Amendment  71

 

Proposal for a regulation

Article 7 – paragraph 2 – point b – point ii

Text proposed by the Commission	Amendment
(ii) in accordance with the requirements set out in Part B of Annex II, and its compliance with those requirements is attested by the official label referred to in Article 15(1).	(ii) in accordance with the requirements set out in Parts B and E of Annex II, and its compliance with those requirements is attested by the official label referred to in Article 15(1).

Amendment  72

 

Proposal for a regulation

Article 7 – paragraph 3 – introductory part

Text proposed by the Commission	Amendment
3. The Commission is empowered to adopt delegated acts in accordance with Article 75, in order to amend Annex II. Those amendments shall adapt to the developments of international technical and scientific standards and may concern the requirements for the following:	3. The Commission is empowered to adopt delegated acts in accordance with Article 75, in order to amend Annex II. Those amendments shall adapt to the developments of international technical and scientific standards and shall only concern the requirements for the following:

Amendment  73

 

Proposal for a regulation

Article 7 – paragraph 3 – point g

Text proposed by the Commission	Amendment
(g) pre-basic, basic and certified material of clones, selected clones, multiclonal mixtures and polyclonal PRM;	(g) production and marketing of pre-basic, basic and certified material of selected clones;

Amendment  74

 

Proposal for a regulation

Article 7 – paragraph 4 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
The Commission may adopt implementing acts specifying the production and marketing requirements referred to in Part A and Part B of Annex II for certain genera, species or categories of PRM, and, where appropriate, for certain grades, classes, generations or other sub-divisions of the category concerned. Those requirements shall concern one or more of the following elements	The Commission may adopt implementing acts specifying the production and marketing requirements referred to in Annex II for certain genera, species or categories of PRM, and, where appropriate, for certain grades, classes, generations or other sub-divisions of the category concerned. Those requirements shall concern one or more of the following elements

Amendment  75

 

Proposal for a regulation

Article 7 – paragraph 4 – subparagraph 1 – point f

Text proposed by the Commission	Amendment
(c) germination rates, purity and content of other PRM, moisture, vigour, presence of earth or extraneous matter;	(f) germination rates, purity and content of other PRM, moisture, presence of earth or extraneous matter;

Amendment  76

 

Proposal for a regulation

Article 7 – paragraph 4 – subparagraph 2

Text proposed by the Commission	Amendment
Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 76(2), in order to adapt to the developments of the relevent international technical and scientific standards.	Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 76(2), in order to adapt to the developments of the relevant international technical and scientific standards and taking into account the possible implications for PRM production and availability and for small operators. Those implementing acts shall be proportionate to the category of PRM.

Amendment  77

 

Proposal for a regulation

Article 8 – paragraph 1 – point b – point ii

Text proposed by the Commission	Amendment
(ii) in accordance with the requirements set out in Part A of Annex III, and its compliance with those requirements is attested by the operator’s label referred to in Article 16.	(ii) in accordance with the requirements set out in Parts A and D of Annex III, and its compliance with those requirements is attested by the operator’s label referred to in Article 16.

Amendment  78

 

Proposal for a regulation

Article 8 – paragraph 2 – point b – point ii

Text proposed by the Commission	Amendment
(ii) in accordance with the requirements set out in Part B of Annex III, and its compliance with those requirements is attested by the operator’s label referred to in Article 16.	(ii) in accordance with the requirements set out in Parts B and E of Annex III, and its compliance with those requirements is attested by the operator’s label referred to in Article 16.

Amendment  79

 

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission	Amendment
3. Once a year, professional operators shall submit to the competent authority a declaration concerning the quantities per species of standard seed and material they produced.	deleted

Amendment  80

 

Proposal for a regulation

Article 8 – paragraph 4 – point g

Text proposed by the Commission	Amendment
(g) requirements for clones, selected clones, multiclonal mixtures and polyclonal PRM of standard material;	(g) requirements for production and marketing of polyclonal PRM of standard material;

Amendment  81

 

Proposal for a regulation

Article 8 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4a. Before adopting the delegated acts referred to in paragraph 4, concerning the requirements referred to in points (a) to (i) thereof, the Commission shall assess the implementation of those requirements, taking into account the possible implications for PRM production and availability and for small operators. Those delegated acts shall be proportionate to the category of PRM.

Amendment  82

 

Proposal for a regulation

Article 8 – paragraph 5 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
The Commission may adopt implementing acts specifying the production and marketing requirements referred to in Part A and Part B of Annex III for certain genera or species of standard seed or material. Those requirements shall concern one or more of the following elements:	The Commission may adopt implementing acts specifying the production and marketing requirements referred to in Annex III for certain genera or species of standard seed or material. Those requirements shall concern one or more of the following elements:

Amendment  83

 

Proposal for a regulation

Article 8 – paragraph 5 – subparagraph 1 – point f

Text proposed by the Commission	Amendment
(f) germination rates, purity and content of other PRM, moisture, vigour, presence of earth or extraneous matter;	(f) germination rates, purity and content of other PRM, moisture, presence of earth or extraneous matter;

Amendment  84

 

Proposal for a regulation

Article 8 – paragraph 5 – subparagraph 1 – point g

Text proposed by the Commission	Amendment
(g) the application of bio-molecular or other technical methods, as well as their approval and use, and the listing of approved methods in the Union;	(g) the application of internationally recognised bio-molecular or other technical methods, as well as their approval and use, and the listing of approved methods in the Union;

Amendment  85

 

Proposal for a regulation

Article 8 – paragraph 5 – subparagraph 2

Text proposed by the Commission	Amendment
Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 76(2), in order to adapt to the developments of the relevent international technical and scientific standards.	Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 76(2), in order to adapt to the developments of the relevant international technical and scientific standards and taking into account the possible implications for PRM production and availability and for small operators. Those implementing acts shall be proportionate to the category of PRM.

Amendment  86

 

Proposal for a regulation

Article 9 – title

Text proposed by the Commission	Amendment
Production, marketing and registration of clones, selected clones, multiclonal mixtures and polyclonal PRM	Requirements for the production and marketing of selected clones and polyclonal PRM

Amendment  87

 

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission	Amendment
1. In addition to the requirements referred to in Articles 4 to 43, pre-basic, basic, certified and standard material of clones, selected clones, multiclonal mixtures and polyclonal PRM shall be produced and marketed in accordance with paragraphs 2 and 3 and the requirements set out respectively in Annex II, Part C, and Annex III, Part C.	1. Pre-basic, basic and certified material of selected clones and standard material of polyclonal PRM shall be produced and marketed in accordance with paragraphs 2 and 3 and the requirements set out respectively in Annex II, Part C, and Annex III, Part C.

Amendment  88

 

Proposal for a regulation

Article 9 – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
Clones, selected clones, multiclonal mixtures and polyclonal PRM may only be produced and marketed if they are registered by a competent authority in at least one official register for clones established by a Member State.	Selected clones and polyclonal PRM may only be produced and marketed if they are registered by a competent authority in at least one official register for selected clones and polyclonal PRM established by a Member State.

Amendment  89

 

Proposal for a regulation

Article 9 – paragraph 2 – subparagraph 2

Text proposed by the Commission	Amendment
That register shall include all elements referred to in the application for the registration of a clone, selected clone, multiclonal mixture and polyclonal PRM, as set out in Annex II, Part B, Part C point 2.	That register shall include all elements referred to in the application for the registration of a selected clone and polyclonal PRM, as set out in Article 53a.

Amendment  90

 

Proposal for a regulation

Article 9 – paragraph 3

Text proposed by the Commission	Amendment
3. Clones, selected clones, multiclonal mixtures and polyclonal PRM shall be maintained for the purpose of preserving their identity. The persons responsible for maintenance of the clones, selected clones, multiclonal mixtures and polyclonal PRM shall take all measures to be able to make them verifiable by the competent authorities or any other person, on the basis of kept records.	3. Selected clones and polyclonal PRM shall be maintained for the purpose of preserving their identity. The persons responsible for maintenance of selected clones and polyclonal PRM shall take all measures to be able to make them verifiable by the competent authorities or any other person, on the basis of kept records.

Amendment  91

 

Proposal for a regulation

Article 9 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. Polyclonal PRM, registered in the register referred to in paragraph 2 of this Article, shall be produced and marketed only if it complies with all the requirements concerning standard material as referred to in Part C of Annex III. Polyclonal PRM shall be accompanied by a professional operator’s label with the indication ‘Polyclonal material’, in accordance with Article 17.

Amendment  92

 

Proposal for a regulation

Article 10 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
A professional operator may, upon application, be authorised by the competent authority to perform all or certain activities required for certification of PRM under official supervision of the competent authority for pre-basic, basic and certified material or seeds, and to issue an official label for them.	A professional operator may, upon application, be authorised by the competent authority to perform all or certain activities required for certification of PRM under official supervision of the competent authority for pre-basic, basic and certified material or seeds, and to print an official label for them.

Amendment  93

 

Proposal for a regulation

Article 10 – paragraph 1 – subparagraph 2 – point c

Text proposed by the Commission	Amendment
(c) employ qualified personnel for carrying out the sampling referred to in Annex II, or conclude contracts with companies employing qualified personnel for those activities;	(c) employ qualified personnel for carrying out the sampling referred to in Annex II, or conclude contracts with companies or associations of professional operators employing qualified personnel for those activities;

Amendment  94

 

Proposal for a regulation

Article 10 – paragraph 1 – subparagraph 2 – point d

Text proposed by the Commission	Amendment
(d) employ specialised personnel and equipment to carry out the testing referred to in Annex II, or use laboratories employing qualified personnel for those activities;	(d) employ specialised personnel and equipment to carry out the testing referred to in Annex II, or use PRM testing laboratories employing qualified personnel for those activities;

Amendment  95

 

Proposal for a regulation

Article 10 – paragraph 2 – introductory part

Text proposed by the Commission	Amendment
2. The Commission is empowered to adopt delegated acts in accordance with Article 75, supplementing paragraph 1 as regards one or more of the following elements:	2. The Commission is empowered to adopt delegated acts in accordance with Article 75, supplementing paragraph 1 as regards

Amendment  96

 

Proposal for a regulation

Article 10 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) procedure for the application submitted by the professional operator;	deleted

Amendment  97

 

Proposal for a regulation

Article 10 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) specific actions to be taken by the competent authority, in order to confirm the compliance with paragraph 1, points (a) to (g).	specific actions to be taken by the competent authority, in order to confirm the compliance with paragraph 1, points (a) to (g).

Amendment  98

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
For the purposes of the certification under official supervision, the competent authorities shall, at least once per year, conduct audits to ensure that the professional operator fulfils the requirements referred to in Article 10(1).	For the purposes of the certification under official supervision, the competent authorities shall conduct regular audits, at least once every 18 months, to ensure that the professional operator fulfils the requirements referred to in Article 10(1).

Amendment  99

 

Proposal for a regulation

Article 12 – paragraph 3 – subparagraph 1

Text proposed by the Commission	Amendment
The Commission may, by means of implementing acts, specify the requirements for the audits, training, examinations, inspections, sampling and testing, as referred to in paragraphs 1 and 2, with regard to particular genera or species.	The Commission is empowered to adopt delegated acts in accordance with Article 75, supplementing this Regulation by specifying the requirements for the audits, training, examinations, inspections, sampling and testing, as referred to in paragraphs 1 and 2, with regard to particular genera or species.

Amendment  100

 

Proposal for a regulation

Article 12 – paragraph 3 – subparagraph 2 – introductory part

Text proposed by the Commission	Amendment
Those implementing acts may specify one or more of the following elements:	Those delegated acts may specify one or more of the following elements:

Amendment  101

 

Proposal for a regulation

Article 12 – paragraph 3 – subparagraph 2 – point c

Text proposed by the Commission	Amendment
(c) use of particular accreditation schemes by the professional operator, and the possibility for the competent authorities to reduce the inspections, sampling and testing, and monitoring activities referred to in this Article due to the use of those schemes.	(c) use of particular accreditation schemes by the professional operator, and the possibility for the competent authorities to reduce the inspections, sampling and testing, and monitoring activities referred to in this Article due to the use of those schemes, as referred to in paragraph 2.

Amendment  102

 

Proposal for a regulation

Article 12 – paragraph 3 – subparagraph 3

Text proposed by the Commission	Amendment
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).	deleted

Amendment  103

 

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission	Amendment
1. PRM shall be marketed in lots. The content of the varieties and species of each lot shall be sufficiently homogeneous regarding and identifiable by its users as distinct from other lots of PRM.	1. PRM shall be marketed in lots. The content of the varieties and species of each lot shall be homogeneously mixed and identifiable by its users as distinct from other lots of PRM.

Amendment  104

Proposal for a regulation

Article 13 – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
During processing, packaging, storage, or at delivery, lots of PRM may be merged into a new lot only if they belong to the same variety and harvest year.	During processing, packaging, storage, or at delivery, lots of PRM may be merged into a new lot only if they belong to the same variety.

Amendment  105

 

Proposal for a regulation

Article 14 – paragraph 1

Text proposed by the Commission	Amendment
1. PRM shall be marketed in fastened packages, bundles or containers, bearing a sealing device and marking. In the case of PRM other than seeds, it may also be marketed in the form of individual plants.	1. PRM shall be marketed in fastened packages, bundles or containers, bearing a sealing device and marking. In the case of PRM other than seeds and seed potatoes, it may also be marketed in the form of individual plants.

Amendment  106

 

Proposal for a regulation

Article 14 – paragraph 4

Text proposed by the Commission	Amendment
4. Lots of pre-basic, basic or certified PRM may be repackaged, re-labelled, and re-sealed only under official control or under the official supervision of the competent authority.	4. Lots of pre-basic, basic or certified PRM may be repackaged, re-labelled, and re-sealed only by the competent authority, or by the professional operator under the official supervision of the competent authority.

Amendment  107

 

Proposal for a regulation

Article 14 – paragraph 5 – subparagraph 1

Text proposed by the Commission	Amendment
By way of derogation from paragraph 1, seeds may be marketed from a professional operator directly to a farmer in bulk.	By way of derogation from paragraph 1, seeds and seed potatoes may be marketed from a professional operator directly to a farmer in bulk.

Amendment  108

 

Proposal for a regulation

Article 14 – paragraph 5 – subparagraph 2

Text proposed by the Commission	Amendment
That professional operator shall be authorized for that purpose by the competent authority. It shall inform the competent authority in advance of such activity and of the lot from which such seed comes.	That professional operator shall be authorized for that purpose by the competent authority. It shall inform the competent authority in advance of such activity and of the lot from which such seed and seed potato comes.

Amendment  109

 

Proposal for a regulation

Article 14 – paragraph 5 – subparagraph 3

Text proposed by the Commission	Amendment
Where seed is loaded directly into the farmer’s machinery or trailer, the professional operator and the farmer concerned shall ensure traceability of that seed by issuing and retaining documents indicating the species and variety, quantity, the time of transfer and lot identification.	Where seed and seed potato is loaded directly into the farmer’s machinery or trailer, the professional operator and the farmer concerned shall ensure traceability of that seed and seed potato by issuing and retaining documents indicating the species and variety, quantity, the time of transfer and lot identification.

Amendment  110

Proposal for a regulation

Article 14 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5a. The competent authority or the professional operator shall keep a record of the following:
	(a) authorisation, purchase, load and transport of the PRM; and
	(b) quality, identification and traceability of the PRM.

Amendment  111

 

Proposal for a regulation

Article 14 – paragraph 6

Text proposed by the Commission	Amendment
6. The Commission may, by means of implementing acts, adopt specific requirements concerning sealing, fastening, size and form of packages, bundles and containers of specific species of PRM, and specify conditions for the marketing of seeds in bulk. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).	6. The Commission may, by means of implementing acts, adopt specific requirements concerning sealing, fastening, size and form of packages, bundles and containers of specific species of PRM, and specify conditions for the marketing of seeds and seed potato in bulk. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Amendment  112

 

Proposal for a regulation

Article 15 – paragraph 2 – subparagraph 2 – point a

Text proposed by the Commission	Amendment
(a) the competent authority, if so requested by the professional operator, or if the professional operator is not authorised to carry out certification under official supervision, by the competent authority in accordance with Article 10; or	(a) the competent authority, that issued the official label, if so requested by the professional operator, or if the professional operator is not authorised to carry out certification under official supervision, by the competent authority in accordance with Article 10; or

Amendment  113

 

Proposal for a regulation

Article 15 – paragraph 2 – subparagraph 2 – point b

Text proposed by the Commission	Amendment
(b) the professional operator, under the official supervision of the competent authority, where the professional operator is authorised to carry out certification under official supervision in accordance with Article 10.	(b) the professional operator or associations of professional operators, under the official supervision of the competent authority, where the professional operator is authorised to carry out certification under official supervision in accordance with Article 10.

Amendment  114

Proposal for a regulation

Article 15 – paragraph 6

Text proposed by the Commission	Amendment
6. By way of derogation from paragraphs 1 to 5, pre-basic, basic material and seed basic material and seed and certified material and seed, imported from third countries pursuant to Article 39, shall be marketed in the Union with the respective OECD label that was accompanying them at import.	6. By way of derogation from paragraphs 1 to 5 of this Article, pre-basic, basic and certified seed imported from third countries pursuant to Article 39, shall be marketed in the Union with the respective OECD label that was accompanying them at import.

Amendment  115

 

Proposal for a regulation

Article 16 – paragraph 2

Text proposed by the Commission	Amendment
The operator’s label shall be issued, printed and affixed by the professional operator, or by a person acting under the responsibility of the professional opeartor, on the outside of a bundle, package or container.	The operator's label shall be issued, printed and affixed on the outside of a plant bundle, package or container by the professional operator, or by a person acting under the responsibility of the professional operator. The information to be included on the professional operator’s label may also be printed directly on the plant bundle, package or container by the professional operator, or by a person acting under the responsibility of the professional operator.

Amendment  116

 

Proposal for a regulation

Article 17 – paragraph 2

Text proposed by the Commission	Amendment
2. The official label and the operator’s label shall be legible, indelible, not modifiable if tampered with, printed on one side, not having been used previously, and easily visible.	2. The official label and the operator’s label shall be legible, indelible, not modifiable if tampered with, printed on one side, made of untearable material unless it is an adhesive label, not having been used previously, and easily visible. It shall include, where applicable, a reference to the plant variety right and a reference to the register referred to in Article 46 in the case of further intellectual property rights.

Amendment  117

 

Proposal for a regulation

Article 17 – paragraph 3

Text proposed by the Commission	Amendment
3. Any space of the official label or the operator’s label apart from the elements mentioned in paragraph 4, may be used for additional information by the competent authority. Such information shall be presented in letters not larger than those used for the content of the official label or the operator’s label as referred to in paragraph 4. That additional information shall be strictly factual, it shall not represent advertising material, and shall be related only to the production and marketing requirements or to labelling requirements for genetically modified organisms or category 1 NGT plants as defined in Article 3(7) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...). .	3. Any space of the official label or the operator’s label apart from the elements mentioned in paragraph 4, shall, where relevant, be used for additional information by the competent authority. Such information shall be presented in letters not larger than those used for the content of the official label or the operator’s label as referred to in paragraph 4. That additional information shall be strictly factual, it shall not represent advertising material, and shall be related only to the production and marketing requirements or to labelling requirements for genetically modified organisms or category 1 NGT plants as defined in Article 3(7) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...). .

Amendment  118

 

Proposal for a regulation

Article 17 – paragraph 4 – subparagraph 1 – point h

Text proposed by the Commission	Amendment
(h) the label for the PRM marketed by certain gene banks, organisations and networks referred to in Article 29;	deleted

Amendment  119

 

Proposal for a regulation

Article 17 – paragraph 4 – subparagraph 1 – point i

Text proposed by the Commission	Amendment
(i) the label for breeder’s material referred to in Article 31(2);	deleted

Amendment  120

 

Proposal for a regulation

Article 17 – paragraph 4 – subparagraph 1 – point n a (new)

Text proposed by the Commission	Amendment
	(na) the label for polyclonal material referred to in Article 9(4).

Amendment  121

 

Proposal for a regulation

Article 19 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
In the case where official controls carried out during the marketing of PRM show that pre-basic, basic, certified seeds or material, or standard seeds or material, have not been produced or marketed within the Union in compliance with the respective requirements referred to in Articles 7 or 8, or in the case where the varietal identity and purity of the PRM were not confirmed in the control plot testing in accordance with Article 24, the competent authorities shall ensure that the professional operator concerned takes the necessary corrective actions concerning the PRM concerned and its premises and production methods, as appropriate. Those actions shall aim at achieving one or more of the following elements:	In the case where official controls carried out during the marketing of PRM show that it has not been produced or marketed within the Union in compliance with the respective requirements applicable to that PRM, the competent authorities shall ensure that the professional operator concerned takes the necessary corrective actions concerning the PRM, its premises and production methods, as appropriate. Those actions shall aim at achieving one or more of the following elements:

Amendment  122

Proposal for a regulation

Article 19 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) with the exception of standard seed or standard material, the PRM concerned is produced or marketed under a lower category, in accordance with the requirements applicable for that category;	(c) with the exception of standard seed or standard material, heterogeneous seed or heterogeneous material and PRM marketed under the derogations provided for in Articles 27 to 30, the PRM concerned is marketed under a lower category, in accordance with the requirements applicable for that category;

Amendment  123

 

Proposal for a regulation

Article 19 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) the professional operator is sanctioned by additional means to the withdrawal or modification of the authorisation referred to in Article 11.	(d) where applicable, the professional operator may be sanctioned by additional means to the withdrawal or modification of the authorisation referred to in Article 11.

Amendment  124

 

Proposal for a regulation

Article 20 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Upon application by a Member State, the Commission may, by means of implementing acts, authorise a Member State to be released from the obligation to apply the provisions laid down in this Article for the production and marketing of PRM within its territory, specifically pertaining to a genus or species listed in Annex IV, which is not normally reproduced or marketed within its territory. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).
	The authorisation referred to in the first subparagraph of this paragraph shall be based on an assessment of the conditions laid down in paragraph 2, second subparagraph, points (a) and (b).
	The authorisation referred to in the first subparagraph of this paragraph shall be subject to regular review. The Commission may decide, by means of implementing acts, that the authorisation is to be repealed, if it considers that it is no longer justified in view of the conditions referred to in paragraph 2, second subparagraph, points (a) and (b). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Amendment  125

Proposal for a regulation

Article 21 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
Mixtures of certified seed or mixtures of standard seed of various genera or species listed in Part A of Annex I and complying with the requirements of Articles 5 to 8, as well as of different varieties of those genera or species, may be produced and marketed in the Union, if they fullfill the requirements of this Article.	Mixtures of certified seed or mixtures of standard seed of various genera or species listed in Parts A and B of Annex I and complying with the requirements of Articles 5 to 8, whether or not in combination with commercial seed, as well as of different varieties of those genera or species, may be produced and marketed in the Union, if they fulfil the requirements of this Article.

Amendment  126

 

Proposal for a regulation

Article 21 – paragraph 1 – subparagraph 2 – point b

Text proposed by the Commission	Amendment
(b) an operator’s label, in the case where the mixture consists only of standard seed, or of certified and standard seed.	(b) an operator’s label, in all other cases.

Amendment  127

 

Proposal for a regulation

Article 21 – paragraph 1 – subparagraph 3

Text proposed by the Commission	Amendment
For the purposes of the second subparagraph, point (a), the professional operators shall submit to the competent authority the list of constituent varieties of the mixture and their ratios, for verification of eligibility of those varieties.	For the purposes of the second subparagraph, point (a), the professional operators shall submit to the competent authority the list of constituent varieties and commercial seed components of the mixture and their ratios, for verification of eligibility of those varieties.

Amendment  128

 

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
By way of derogation from Article 21(1), Member States may authorise the production and marketing of a mixture of seeds of various genera or species listed in Part A of Annex I, as well as of different varieties of those genera or species, together with seeds of genera or species of other Parts of that Annex, or of genera or species not listed in that Annex, if such a mixture fulfils all of the following conditions:	By way of derogation from Articles 5 to 8 and Article 21(1), Member States may authorise the production and marketing of a mixture of seeds of various genera or species listed in Parts A, B and C of Annex I, and genera or species of other Parts of that Annex, or of genera or species not listed in that Annex, if such mixtures fulfil all of the following conditions:

Amendment  129

 

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission	Amendment
(a) it contributes to the conservation of genetic resources, or the restoration of the natural environment; and	(a) they contribute to the conservation of genetic resources, or the restoration of the natural environment; and

Amendment  130

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission	Amendment
(b) it is naturally associated with a particular area (‘source area’) contributing to the conservation of genetic resources or the restoration of the natural environment;	(b) they are naturally associated with a particular area (‘region of origin’) contributing to the conservation of genetic resources or the restoration of the natural environment;

Amendment  131

 

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 1 – point c

Text proposed by the Commission	Amendment
(c) it complies with the requirements of Annex V.	(c) they comply with the requirements of Annex V.

Amendment  132

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 1 – point c a (new)

Text proposed by the Commission	Amendment
	(ca) they do not consist of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 1 or 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… OJNGT Regulation].

Amendment  133

 

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
Such mixture constitutes a ‘preservation mixture’ and this shall be mentioned on its label.	Such mixtures constitute ‘preservation mixtures’ and this shall be mentioned on their label.

Amendment  134

Proposal for a regulation

Article 22 – paragraph 2 – subparagraph 1 – point a

Text proposed by the Commission	Amendment
(a) authorisation requirements for mixtures of seeds collected directly from a natural place belonging to a defined source area, for the conservation and restoration of the natural environment (directly harvested preservation mixtures);	(a) authorisation requirements for mixtures of seeds collected directly from a natural place belonging to a defined region of origin, for the conservation and restoration of the natural environment (directly harvested preservation mixtures);

Amendment  135

 

Proposal for a regulation

Article 22 – paragraph 2 – subparagraph 2

Text proposed by the Commission	Amendment
Those amendments shall be based on the experience gathered by the implementation of this Article, and any technical and scientific developments and the improvement of the quality and identification of preservation mixtures. They may concern particular genera or species only.	Those delegated acts shall be based on the experience gathered by the implementation of this Article, and any technical and scientific developments and the improvement of the quality and identification of preservation mixtures. They may concern particular genera or species only.

Amendment  136

Proposal for a regulation

Article 23 – title

Text proposed by the Commission	Amendment
Re-packaging and re-labelling of seed lots	Re-packaging and re-labelling of PRM lots

Amendment  137

Proposal for a regulation

Article 23 – paragraph 1

Text proposed by the Commission	Amendment
1. Seed lots of pre-basic, basic and certified seed shall be repackaged and relabeled in accordance with this Article, Articles 14 and 15, where this is necessary for splitting or merging of lots.	1. PRM lots of pre-basic, basic and certified seed shall be repackaged and relabeled in accordance with this Article, Articles 14 and 15, where this is necessary for splitting or merging of lots.

Amendment  138

Proposal for a regulation

Article 23 – paragraph 2 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
The re-packaging and re-labelling of a seed lot shall be conducted by:	The re-packaging and re-labelling of a PRM lot shall be conducted by:

Amendment  139

 

Proposal for a regulation

Article 25 – paragraph 1

Text proposed by the Commission	Amendment
1. After the marketing of standard seeds, the competent authorities shall carry out control plot tests to check whether the seeds comply with the respective varietal identity and varietal purity requirements, and with other requirements, as appropriate.	1. After the marketing of standard seeds, the competent authorities shall, if indicated by the risk analysis, carry out control plot tests to check whether the seeds comply with the requirements set out in Article 8 and in Annex III, as appropriate.

Amendment  140

 

Proposal for a regulation

Article 25 – paragraph 2

Text proposed by the Commission	Amendment
2. The proportion of the control plot tests shall be determined on the basis of a risk analysis concerning possible non-compliance of the respective seeds with those requirements.	2. The proportion of the control plot tests shall be determined on the basis of a risk analysis concerning possible non-compliance of the respective seeds with those requirements. Such a risk analysis shall be carried out by the competent authority on the basis of territorial characteristics, the existence of plant health risks in the region, and the track record of the professional operator.

Amendment  141

 

Proposal for a regulation

Article 26 – paragraph 1

Text proposed by the Commission	Amendment
1. By way of derogation from Article 20, PRM belonging to a conservation variety registered in a national variety register referred to in Article 44(1), point (b), may be produced and marketed in the Union as standard seed or material, if it complies with all the requirements concerning standard seed and material for the respective species, as referred to in Article 8.	1. By way of derogation from Article 20, PRM of genera and species listed in Annex IV and belonging to a conservation variety registered in a national variety register referred to in Article 44(1), point (b), may be produced and marketed in the Union as standard seed or material, if it complies with all the requirements concerning standard seed and material for the respective species, as referred to in Article 8.

Amendment  142

 

Proposal for a regulation

Article 26 – paragraph 3

Text proposed by the Commission	Amendment
3. A professional operator who uses this derogation shall annually notify to the competent authority this activity, with regard to the species and quantities concerned.	3. A professional operator who uses this derogation shall annually notify to the competent authority this activity.

Amendment  143

Proposal for a regulation

Article 27 – paragraph 1

Text proposed by the Commission	Amendment
1. By way of derogation from Article 5, PRM of heterogeneous material may be produced and marketed within the Union without belonging to a variety. The heterogeneous material shall be notified to and register by the competent authority prior to its production and/or marketing, in accordance with the requirements set out in Annex VI.	1. By way of derogation from Article 5, PRM of heterogeneous material, with the exclusion of the production and marketing of fodder plants listed in Annex I, may be produced and marketed within the Union without belonging to a variety. PRM of heterogeneous material shall be notified to and registered by the competent authority prior to its production and/or marketing, in accordance with the requirements set out in Annex VI.

Amendment  144

 

Proposal for a regulation

Article 27 – paragraph 2

Text proposed by the Commission	Amendment
2. By way of derogation from Articles 7(1), (3) and Article 8(1), (3), the PRM of heterogeneous material referred to in paragraph 1 shall be produced and marketed in accordance with the requirements set out in Annex VI.	2. By way of derogation from Article 7, Article 8, Article 13(2) and (5) and Articles 18 and 20, the PRM of heterogeneous material referred to in paragraph 1 shall be produced and marketed in accordance with the requirements set out in Annex VI.

Amendment  145

 

Proposal for a regulation

Article 27 – paragraph 3 – subparagraph 1 – point c

Text proposed by the Commission	Amendment
(c) improve the rules on maitenance of heterogenous PRM, on the basis of the emergence of best practices.	(c) improve the rules on maintenance of heterogenous PRM, where applicable, on the basis of the emergence of best practices.

Amendment  146

 

Proposal for a regulation

Article 27 – paragraph 4

Text proposed by the Commission	Amendment
4. Any professional operator producing and/or intending to market PRM of heterogeneous material shall submit a notification to the competent authority prior to marketing. If no further information is requested by the national competent authority within a time determined by the competent authority, the PRM of heterogeneous material may be marketed.	4. Any professional operator producing and/or intending to market PRM of heterogeneous material shall submit a notification to the competent authority prior to marketing. If no further information is requested by the national competent authority within three months by the competent authority, the PRM of heterogeneous material may be marketed.

Amendment  147

 

Proposal for a regulation

Article 27 – paragraph 5 – subparagraph 3 – point d

Text proposed by the Commission	Amendment
(d) the breeding location of the PRM of heterogeneous material and production location;	(d) the breeding or production location of the PRM of heterogeneous material;

Amendment  148

 

Proposal for a regulation

Article 27 – paragraph 5 – subparagraph 4

Text proposed by the Commission	Amendment
The competent authorities shall have access to the information referred to in this paragraph.	The competent authorities shall have access to the information referred to in this paragraph, in the context of post-marketing controls.

Amendment  149

 

Proposal for a regulation

Article 27 – paragraph 7 – subparagraph 1

Text proposed by the Commission	Amendment
Heterogeneous material as notified pursuant to paragraph 1, shall be registered by the competent authorities in a dedicated register (‘heterogeneous material register’).	Heterogeneous material as notified pursuant to paragraph 1, shall be registered by the competent authorities in a dedicated register (‘heterogeneous material register’). The registration shall be free of charge to the professional operator.

Amendment  150

 

Proposal for a regulation

Article 27 – paragraph 7 – subparagraph 2

Text proposed by the Commission	Amendment
The competent authorities shall keep, update and publish that register, and notify immediately its content and updates to the Commission.	The competent authorities shall keep, update and publish that register, make it accessible online and notify immediately its content and updates to the Commission.

Amendment  151

 

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
A professional operator who uses this derogation shall annually notify this activity to the competent authority, with regard to the species and quantities concerned	A professional operator who uses this derogation shall annually notify this activity to the competent authority.

Amendment  152

 

Proposal for a regulation

Article 28 – paragraph 2

Text proposed by the Commission	Amendment
2. The Commission shall, by means of implementing acts, adopt rules concerning the size, form, sealing and handling requirements concerning the small packages referred to in paragraph 1 point (d).	deleted
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Amendment  153

 

Proposal for a regulation

Article 29 – title

Text proposed by the Commission	Amendment
PRM marketed to and between gene banks, organisations and networks	PRM marketed to, by, between and within organisations and networks dedicated to dynamic conservation

Amendment  154

 

Proposal for a regulation

Article 29 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
By way of derogation from Articles 5 to 25, PRM may be marketed to, or between, gene banks, organisations and networks with a statutory objective, or an objective official notified to the competent authority, to conserve plant genetic resources, whereby any of the activities are carried out for non-profit purposes.	By way of derogation from Articles 5 to 25, PRM may be marketed to, by, between and within organisations and networks including farmers, dedicated to dynamic conservation whereby any of the activities are carried out for non-profit purposes.

Amendment  155

 

Proposal for a regulation

Article 29 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
It can be marketed as well from those gene banks, organisations and networks to persons who carry out conservation of that PRM as final consumers, for non-profit purposes.	It may also be marketed from those conservation organisations and networks or their members to persons who carry out dynamic conservation of that PRM as final consumers or for farming purposes.

Amendment  156

 

Proposal for a regulation

Article 29 – paragraph 1 – subparagraph 3 – point a

Text proposed by the Commission	Amendment
(a) be listed in a register kept by those gene banks, organisations and networks with an appropriate description of that PRM;	(a) be listed in a register kept by those conservation organisations and networks with a basic description of that PRM, in the event that it does not belong to a variety registered in a national variety register referred to in Article 44;

Amendment  157

 

Proposal for a regulation

Article 29 – paragraph 1 – subparagraph 3 – point b

Text proposed by the Commission	Amendment
(b) be conserved by those gene banks, organisations and networks, and samples of that PRM be made available by them to the competent authorities upon request; and	(b) be conserved by those conservation organisations and networks, and, where quantities allow it, samples of that PRM be made available by them to the competent authorities upon request; and

Amendment  158

 

Proposal for a regulation

Article 29 – paragraph 1 – subparagraph 3 – point c

Text proposed by the Commission	Amendment
(c) be practically free from quality pests and any defects likely to impair its quality as a reproductive material, and have satisfactory vigour and dimensions in respect of its usefulness as PRM, and, in the case of seeds, have satisfactory germination capacity.	(c) be practically free from quality pests and any defects likely to impair its quality as a reproductive material.

Amendment  159

 

Proposal for a regulation

Article 29 – paragraph 2

Text proposed by the Commission	Amendment
2. The gene banks, organisations and networks shall notify the competent authority of the use of the derogation referred to in paragraph 1 and the species concerned.	2. The conservation organisations and networks shall notify the competent authority of the use of the derogation referred to in paragraph 1 and the species concerned.

Amendment  160

Proposal for a regulation

Article 30 – title

Text proposed by the Commission	Amendment
Seed exchanged in kind between farmers	PRM exchanged between farmers

Amendment  161

Proposal for a regulation

Article 30 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. By way of derogation from Articles 5 - 25, farmers may exchange seeds in kind, if such seeds fulfill all of the following conditions:	1. By way of derogation from Articles 5 to 25, farmers may exchange PRM in kind or for monetary compensation, if such PRM fulfil all of the following conditions:

Amendment  162

 

Proposal for a regulation

Article 30 – paragraph 1 – point 1

Text proposed by the Commission	Amendment
(1) are produced in the respective farmer’s own premises;	(1) is produced in the respective farmer’s own premises;

Amendment  163

 

Proposal for a regulation

Article 30 – paragraph 1 – point 2

Text proposed by the Commission	Amendment
(2) are derived from the respective farmer’s own harvest;	(2) is derived from the respective farmer’s own crops;

Amendment  164

 

Proposal for a regulation

Article 30 – paragraph 1 – point 3

Text proposed by the Commission	Amendment
(3) are not subject to a service contract conducted by the respective farmer with a professional operator performing seed production; and	(3) in the case of seeds, is not subject to a service contract conducted by the respective farmer with a professional operator performing seed production; and

Amendment  165

 

Proposal for a regulation

Article 30 – paragraph 1 – point 4

Text proposed by the Commission	Amendment
(4) the seed is used for dynamic management of farmer’s own seed for the purpose of contributing to agro-diversity.	(4) the PRM is used for dynamic management and conservation of the farmer’s own PRM for the purpose of contributing to agro-diversity.

Amendment  166

 

Proposal for a regulation

Article 30 – paragraph 2 – introductory part

Text proposed by the Commission	Amendment
2. Such seeds shall fulfil all of the following requirements:	2. Such PRM shall fulfil all of the following requirements:

Amendment  167

Proposal for a regulation

Article 30 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) to be limited to small quantities, defined by the competent authorities for specific species per year and per farmer, without using commercial intermediaries or public offer of marketing; and	(b) to be limited in quantities, without using commercial intermediaries or public offer of marketing; and

Amendment  168

 

Proposal for a regulation

Article 30 – paragraph 2 – point c

Text proposed by the Commission	Amendment
(c) to be practically free from quality pests and any defects likely to impact their quality as seeds, and shall have satisfactory germination capacity.	(c) to be practically free from quality pests and any defects likely to impact their quality and for seeds, shall have satisfactory germination capacity.

Amendment  169

 

Proposal for a regulation

Article 30 – paragraph 3

Text proposed by the Commission	Amendment
3. Member States shall annually notify to the Commission and the other Member States the amounts per species defined in accordance with paragraph 2, point (b).	deleted

Amendment  170

Proposal for a regulation

Article 30 a (new)

Text proposed by the Commission	Amendment
	Article 30a
	Maximum quantity of each species which may be exchanged
	The Commission is empowered to adopt delegated acts in accordance with Article 75, supplementing this Regulation, in order to set up, for each species, the maximum quantity which may be exchanged, referred to in Article 30(2), point (b). That quantity shall be set taking into consideration the needs of small-scale professional farmers as well as plant health risks, while promoting the development and maintenance of diverse farming systems.

Amendment  171

 

Proposal for a regulation

Article 31

Text proposed by the Commission	Amendment
Article 31	deleted
Breeder’s seed
1. By way of derogation from Articles 5 -25, a competent authority may authorise operators to market seed of generations preceeding the pre-basic category to another operator, for the purpose of breeding new varieties (breeders’ seed).
The competent authority shall determine the duration of the authorisation and quantities per species, when granting that authorisation.
2. The PRM referred to in paragraph 1 shall be accompanied by a label issued by the professional operator, with the indication ‘breeder’s seed’, that shall be affixed, as applicable, on the container, bundle or package of that material.
It shall be sealed and bear a lot number to be used for identification purposes and control plot testing before it is used as pre-basic seed.

Amendment  172

 

Proposal for a regulation

Article 32 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
By way of derogation from Article 5, a competent authority may authorise professional operators to produce and market, for the purposes of multiplication, pre-basic seeds, pre-basic material, basic seeds and basic material belonging to a variety not yet registered in a national variety register, referred to in Article 44, if all of the following requirements are fulfilled:	By way of derogation from Article 5, a competent authority may authorise professional operators to produce and market, for the purposes of multiplication, pre-basic seeds, pre-basic material, basic seeds and basic material, standard seed and standard material belonging to a variety not yet registered in a national variety register, referred to in Article 44, if all of the following requirements are fulfilled:

Amendment  173

 

Proposal for a regulation

Article 32 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
Such authorisation may be granted for a maximum period of 3 years in the case of seeds, and 5 years in the case of PRM other than seeds, and for small quantities per species as specified by the competent authority.	Such authorisation may be granted for a maximum period of 3 years in the case of seeds, and 5 years in the case of PRM other than seeds, and for limited quantities per species as specified by the competent authority in correlation with the volume of production at Member State level.

Amendment  174

Proposal for a regulation

Article 32 – paragraph 1 – subparagraph 2 a (new)

Text proposed by the Commission	Amendment
	This derogation shall not apply to PRM consisting of a genetically modified organism within the meaning of Directive 2001/18/EC.

Amendment  175

 

Proposal for a regulation

Article 32 – paragraph 2 – introductory part

Text proposed by the Commission	Amendment
By way of derogation from Articles 5, 7, 10 -12, 15, 20, 23 and 24, a competent authority may authorise professional operators for a maximum period of 3 years in the case of seeds, and 5 years in the case of PRM other than seeds, and for small quantities per species as determined by the competent authority, to produce and market PRM belonging to a variety not yet registered in a national variety register referred to in Article 44, if all of the following requirements are fulfilled:	By way of derogation from Articles 5, 7, 10 -12, 15, 20, 23 and 24, a competent authority may authorise professional operators for a maximum period of 3 years in the case of seeds, and 5 years in the case of PRM other than seeds, and for limited quantities per species as determined by the competent authority, in correlation with the volume of production at Member State level, to produce and market PRM belonging to a variety not yet registered in a national variety register referred to in Article 44, if all of the following requirements are fulfilled:

Amendment  176

 

Proposal for a regulation

Article 32 – paragraph 3 – point a

Text proposed by the Commission	Amendment
(a) the production of the stock of pre-basic seeds and material, and basic seeds and material, and certified seeds and material available before the variety registration and the envisaged tests and trials for the standard seeds and material;	deleted

Amendment  177

 

Proposal for a regulation

Article 32 – paragraph 3 – point e

Text proposed by the Commission	Amendment
(e) the site where production will take place; and	deleted

Amendment  178

 

Proposal for a regulation

Article 32 – paragraph 3 – point f

Text proposed by the Commission	Amendment
(f) the quantities of the material to be made available on the market.	deleted

Amendment  179

Proposal for a regulation

Article 33 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
In order to remove temporary difficulties in the general supply of PRM that may occur in the Union due to adverse climatic conditions or other unforeseen circumstances, the Commission, by means of an implementing act, may authorise Member States for a maximum period of 1 year, to allow the marketing of the categories of pre-basic, basic or certified material or seed, which fulfils one of the following conditions:	In order to remove temporary difficulties in the general supply of PRM that may occur in the Union due to adverse climatic conditions or other unforeseen circumstances, the Commission is empowered to adopt delegated acts in accordance with Article 75, amending this Regulation, in order to authorise Member States for a maximum period of 1 year, to allow the marketing of the categories of pre-basic, basic or certified material or seed, which fulfils one of the following conditions:

Amendment  180

Proposal for a regulation

Article 33 – paragraph 1 – subparagraph 3

Text proposed by the Commission	Amendment
That implementing act may set out the maximum quantities, which may be marketed per genera or species.	That delegated act shall set out the maximum quantities, which may be marketed per genera or species.

Amendment  181

Proposal for a regulation

Article 33 – paragraph 1 – subparagraph 4

Text proposed by the Commission	Amendment
That implementing act shall be adopted in accordance with the examination procedure referred to in Article 76(2).	deleted

Amendment  182

Proposal for a regulation

Article 33 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission may decide, by means of an implementing act, that the authorisation concerned has to be repealed or amended, if it concludes that is no longer necessary or proportionate to the objective of removing the temporary difficulties in the general supply of the PRM concerned. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 76(2).	3. The Commission is empowered to adopt delegated acts in accordance with Article 75, amending this Regulation, in order to decide that the authorisation concerned has to be repealed or amended, if it concludes that it is no longer necessary or proportionate to the objective of removing the temporary difficulties in the general supply of the PRM concerned.

Amendment  183

Proposal for a regulation

Article 33 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4a. The Member State that uses the derogation referred to in paragraph 4 shall notify it to the Commission.

Amendment  184

Proposal for a regulation

Article 33 – paragraph 4 b (new)

Text proposed by the Commission	Amendment
	4b. This exceptional authorisation shall not apply to PRM consisting of a genetically modified organism within the meaning of Directive 2001/18/EC.

Amendment  185

Proposal for a regulation

Article 35 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) the requirements set out in paragraphs 2 to 5 are fulfilled.	(c) the requirements set out in paragraphs 2 to 5a are fulfilled.

Amendment  186

 

Proposal for a regulation

Article 35 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5a. This derogation shall not apply to PRM consisting of a genetically modified organism within the meaning of Directive 2001/18/EC.

Amendment  187

 

Proposal for a regulation

Article 36 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
The Commission, by means of implementing acts, may authorise the Member States to impose, with regards to production and marketing of PRM, more stringent production or marketing requirements than those referred to in Articles 7 and 8, in all or part of the territory of the Member State concerned, provided that those more stringent requirements correspond to specific production conditions in, and agro-climatic needs, of that Member State in regard to the respective PRM.	The Commission, by means of implementing acts, may authorise the Member States to impose, with regards to production and marketing of PRM, more stringent production or marketing requirements than those referred to in Articles 7 and 8, in all or part of the territory of the Member State concerned, provided that those more stringent requirements correspond to specific production conditions in, and agro-climatic needs of, that Member State in regard to the respective PRM and do not prohibit, impede or restrict the free movement of PRM that is in conformity with this Regulation.

Amendment  188

 

Proposal for a regulation

Article 36 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) a justification on the necessity and proportionality of such requirements.	(b) a justification on the necessity and proportionality of such requirements in light of possible additional costs of production and marketing.

Amendment  189

Proposal for a regulation

Article 37 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission	Amendment
	By way of derogation from the first subparagraph, in the case of lack of compliance with refuge requirements or with other requirements imposed on cultivation of varieties containing or consisting of genetically modified organisms, the measures restricting or prohibiting the marketing of the PRM concerned shall be put in place until full compliance is restored.

Amendment  190

Proposal for a regulation

Article 37 – paragraph 2

Text proposed by the Commission	Amendment
2. Where a Member State officially informs the Commission of the need to take emergency measures and the Commission has not acted in accordance with paragraph 1, that Member State may adopt the appropriate interim emergency measures. Those measures may include provisions restricting, prohibiting or laying down appropriate conditions for the production or marketing of PRM within the territory of that Member State, depending on the gravity of the situation. The Member State concerned shall immediately inform the other Member States and the Commission of the measures adopted, stating the grounds for its decision.	2. Where a Member State officially informs the Commission of the need to take emergency measures and the Commission has not acted in accordance with paragraph 1, that Member State may adopt the appropriate, proportionate and time-limited interim emergency measures. Those measures may include provisions restricting, prohibiting or laying down appropriate conditions for the production or marketing of PRM within the territory of that Member State, depending on the gravity of the situation. The Member State concerned shall immediately inform the other Member States and the Commission of the measures adopted and the time period they cover, stating the grounds for its decision. That approach permits a Member State to act quickly and effectively in emergency situations to protect health, the environment and economic interests.

Amendment  191

 

Proposal for a regulation

Article 38 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
By way of derogation from Articles 2, 5, 6, 7, 8 and 20, the Commission may, by means of implementing acts, decide on the organisation of temporary experiments to seek improved alternatives to provisions of this Regulation concerning the genera and species it applies to, the requirements for belonging to a registered variety, the production and marketing requirements for pre-basic, basic, certified and standard material or seed, and the obligation to belong to pre-basic, basic and certified material or seed.	By way of derogation from Articles 2, 5, 6, 7, 8, 9, 20, 26, 27 and 47 to 53, the Commission is empowered to adopt delegated acts in accordance with Article 75 in order to supplement this Regulation by organising temporary experiments to seek improved alternatives to provisions of this Regulation concerning the genera and species it applies to, the requirements for belonging to registered PRM or the production and marketing requirements for pre-basic, basic, certified and standard material or seed, and the obligation to belong to pre-basic, basic and certified material or seed, production and marketing requirements for heterogeneous material, and the obligation to belong to pre-basic, basic and certified material or seed.

Amendment  192

 

Proposal for a regulation

Article 38 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
Those experiments may take the form of technical or scientific trials examining the feasibility and appropriateness of new requirements compared to the ones set out in Articles 2, 5, 6, 7, 8 and 20 of this Regulation.	Those experiments may take the form of technical or scientific trials examining the feasibility and appropriateness of new requirements compared to the ones set out in Articles 2, 5, 6, 7, 8, 9, 20, 26, 27 and 47 to 53 of this Regulation.

Amendment  193

 

Proposal for a regulation

Article 38 – paragraph 2 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
The implementing acts referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 76(2) and shall specify one or more of the following elements:	The delegated acts referred to in paragraph 1 shall specify one or more of the following elements:

Amendment  194

 

Proposal for a regulation

Article 38 – paragraph 2 – subparagraph 2

Text proposed by the Commission	Amendment
Those acts shall adapt to the evolution of techniques for production of the PRM concerned, as shall be based on any comparative trials carried out by the Member States.	Those delegated acts shall adapt to the evolution of techniques for production of the PRM concerned, and shall be based on any comparative trials carried out by the Member States.

Amendment  195

 

Proposal for a regulation

Article 38 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission shall review the results of those experiments and summarise them in a report, indicating, if necessary, the need to amend Articles 2, 5, 6, 7, 8 or 20.	3. The Commission shall review the results of those experiments and summarise them in a report, indicating, if necessary, the need to amend Articles 2, 5 to 9, 20, 26, 27 and 47 to 53.

Amendment  196

 

Proposal for a regulation

Article 39 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
However, no such import shall be allowed, and no such equivalence shall be recognised pursuant to paragraph 2, for the preservation mixtures such as those referred to in Article 22, and for PRM such as that subject to the derogations of Articles 26 - 30.	However, such import shall not be authorised, nor shall such equivalence be recognised under paragraph 2, for the PRM referred to in Articles 22 to 29, except where it originates in neighbouring countries.

Amendment  197

Proposal for a regulation

Article 40 – paragraph 1 – subparagraph 3 – point g

Text proposed by the Commission	Amendment
(g) the name of the person importing the PRM.	(g) the name of the final user, farmer or professional operator importing the PRM.

Amendment  198

Proposal for a regulation

Article 40 – paragraph 2 – point g

Text proposed by the Commission	Amendment
(g) the name of the person importing the PRM.	(g) the name of the final user, farmer or professional operator importing the PRM.

Amendment  199

 

Proposal for a regulation

Article 41 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
Professional operators, which produce PRM, shall:	Professional operators, which produce PRM with the aim of commercial exploitation, shall:

Amendment  200

 

Proposal for a regulation

Article 41 – paragraph 1 – point e

Text proposed by the Commission	Amendment
(e) keep records of the monitoring of the critical points referred to in point (b) and provide them for examination when requested by the competent authorities;	(e) keep records of the monitoring of the critical points referred to in point (d) and provide them for examination when requested by the competent authorities;

Amendment  201

 

Proposal for a regulation

Article 41 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	The requirements laid down in paragraph 1, points (d) and (e), shall not apply to micro-enterprises.

Amendment  202

Proposal for a regulation

Article 41 – paragraph 1 b (new)

Text proposed by the Commission	Amendment
	The activities referred to in Articles 28, 29 and 30 shall not be subject to the provisions of this Article.

Amendment  203

Proposal for a regulation

Article 42 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. The activities referred to in Articles 28, 29 and 30 shall not be subject to the provisions of this Article.

Amendment  204

Proposal for a regulation

Article 43 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) their intention to produce pre-basic, basic and certified material or pre-basic, basic and certified seed, at least one month before the beginning of that production; and	(a) their intention to produce pre-basic, basic and certified material or pre-basic, basic and certified seed, before the beginning of that production; and

Amendment  205

Proposal for a regulation

Article 44 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. Each Member State shall establish and publish, in electronic format, and shall keep updated a single national register of varieties (‘national variety register’) containing:	1. Each Member State shall establish and publish, in electronic format, and shall keep permanently updated a single national register of varieties (‘national variety register’) containing:

Amendment  206

Proposal for a regulation

Article 45 – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
The Union variety register shall include the varieties, registered in national variety registers and notified in accordance with Article 44.	The Union variety register shall include the varieties, registered in national variety registers and notified in accordance with Article 44, and shall be updated monthly.

Amendment  207

 

Proposal for a regulation

Article 46 – paragraph 2

Text proposed by the Commission	Amendment
2. The Commission is empowered to adopt a delegated act in accordance with Article 75, in order to amend Annex VII, taking into account the technical and scientific developments, and on the basis of gained experience indicating the need of competent authorities or professional operators to obtain more precise information about the registered varieties.	2. The Commission is empowered to adopt a delegated act in accordance with Article 75, in order to amend Annex VII by adding elements that need to be included in the variety registers, taking into account the technical and scientific developments, and on the basis of gained experience indicating the need of competent authorities or professional operators to obtain more precise information about the registered varieties.

Amendment  208

Proposal for a regulation

Article 47 – paragraph 1 – subparagraph 1 – point a – point i

Text proposed by the Commission	Amendment
(i) an official description showing compliance with the requirements of distinctness, uniformity and stability set out in Articles 48, 49 and 50, and fulfil the requirements for satisfactory value for sustainable cultivation and use, as set out in Article 52; or	(i) an official description showing compliance with the requirements of distinctness, uniformity and stability set out in Articles 48, 49 and 50 and, in the case of species listed in Part A except turf grasses, and in Parts D and E of Annex I, fulfil the requirements for satisfactory value for sustainable cultivation and use, as set out in Article 52; or

Amendment  209

 

Proposal for a regulation

Article 47 – paragraph 1 – subparagraph 1 – point f

Text proposed by the Commission	Amendment
(f) where the varieties are tolerant to herbicides, they are subject to cultivation conditions for the production of PRM and for any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities responsible for registration, to avoid the development of herbicide resistance in weeds due to their use;	(f) where the varieties are tolerant to herbicides, they are subject to cultivation conditions for the production of PRM and for any other purpose, adopted pursuant to paragraph 3 or, in the event that they have not been adopted, as adopted by the competent authorities responsible for registration, and, in the event that the varieties are to be cultivated in another Member State, those conditions shall be adopted by the respective competent authority, in order to avoid the development of herbicide resistance in weeds due to their use; when a plan for cultivation conditions has already been established by a Member State, those conditions shall, where appropriate, be extended to the registrations of subsequent varieties with similar characteristics within that Member State;

Amendment  210

 

Proposal for a regulation

Article 47 – paragraph 1 – subparagraph 1 – point g

Text proposed by the Commission	Amendment
(g) where the varieties have particular characteristics other than the ones referred to in point (f) that may lead to undesirable agronomic effects, they are subject to cultivation conditions for the production of PRM and any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities responsible for their registration, to avoid those particular undesirable agronomic effects, such as the development of resistance of pests to the respective varieties or undesirable effects on pollinators.	(g) where the varieties have particular characteristics other than the ones referred to in point (f) that may lead to undesirable agronomic effects, they are subject to cultivation conditions for the production of PRM and any other purpose, adopted pursuant to paragraph 3 or, in the event that they have not been adopted, as adopted by the competent authorities responsible for their registration, and, in the event that the varieties are to be cultivated in another Member State, adopted by the respective competent authority in that Member State, in order to avoid those particular undesirable agronomic effects, such as the development of resistance of pests to the respective varieties or undesirable effects on pollinators; when cultivation conditions have already been established by a Member State, those conditions shall, where appropriate, be extended to the registrations of subsequent varieties with similar characteristics within that Member State.

Amendment  211

 

Proposal for a regulation

Article 47 – paragraph 2 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
The Commission shall adopt, by means of implementing acts, specific requirements concerning:	The Commission shall adopt, by means of implementing acts, specific requirements for carrying out the examinations in respect of trial design and growing conditions concerning:

Amendment  212

 

Proposal for a regulation

Article 47 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
The Commission is empowered to adopt delegated acts in accordance with Article 75, supplementing this Regulation with the minimum cultivation conditions to be adopted by the competent authorities pursuant to paragraphs 1(f) and (g), concerning:	The Commission is empowered to adopt delegated acts in accordance with Article 75, supplementing this Regulation with the minimum requirements for the cultivation conditions to be adopted by the competent authorities pursuant to paragraph 1, points (f) and (g), concerning:

Amendment  213

 

Proposal for a regulation

Article 47 – paragraph 3 – subparagraph 1 – point i

Text proposed by the Commission	Amendment
(i) measures in the field, including crop rotation;	(a) measures in the field, including crop rotation;

Amendment  214

 

Proposal for a regulation

Article 47 – paragraph 3 – subparagraph 1 – point ii

Text proposed by the Commission	Amendment
(ii) monitoring measures;	(b) monitoring measures;

Amendment  215

 

Proposal for a regulation

Article 47 – paragraph 3 – subparagraph 1 – point iii

Text proposed by the Commission	Amendment
(iii) the mode of notification of the conditions referred to in point (i) to the Commission and the other Member States;	(c) the mode of notification of the conditions referred to in point (a) to the Commission and the other Member States;

Amendment  216

 

Proposal for a regulation

Article 47 – paragraph 3 – subparagraph 1 – point iv

Text proposed by the Commission	Amendment
(iv) rules for reporting from professional operators to the competent authorities concerning the application of the conditions referred to in point (i);	(d) rules for reporting from professional operators to the competent authorities concerning the application of the conditions referred to in point (a);

Amendment  217

 

Proposal for a regulation

Article 47 – paragraph 3 – subparagraph 1 – point v

Text proposed by the Commission	Amendment
(v) the indication of the conditions referred to in point (i) in the national variety registers.	(e) the indication of the conditions referred to in point (a) in the national variety registers.

Amendment  218

 

Proposal for a regulation

Article 47 – paragraph 4

Text proposed by the Commission	Amendment
4. For the purpose of registering a variety in its national variety register, a competent authority shall accept, without any further examination, an official description or an official examination of the requirements for value for sustainable cultivation and use, as referred to in paragraph 1, point (a)(i), which has been produced by a competent authority of another Member State.	4. For the purpose of registering a variety in its national variety register, a competent authority shall accept, without any further examination, an official description, an officially recognised description or an official examination of the requirements for value for sustainable cultivation and use, as referred to in paragraph 1, point (a)(i), which has been produced by a competent authority of another Member State if equivalent recognition measures exist between the two competent authorities.

Amendment  219

Proposal for a regulation

Article 48 – paragraph 1

Text proposed by the Commission	Amendment
1. For the purposes of the official description, referred to in Article 47(1), point (a), a variety shall be deemed to be distinct, if it is clearly distinguishable, by reference to the expression of the 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 submission of the application established in accordance with Article 58.	1. For the purposes of the official description, referred to in Article 47(1), point (a), a variety shall be deemed to be distinct, if it is clearly distinguishable, by reference to the expression of the characteristics that results from a particular genotype or combination of genotypes, from any other variety which is commonly known on the date of the submission of the application established in accordance with Article 58.

Amendment  220

 

Proposal for a regulation

Article 48 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) the variety is included in a national variety register;	(a) the variety is included in a national variety register or documentation provided to the competent authority by natural or legal persons involved in selling PRM to final users or in dynamic conservation;

Amendment  221

Proposal for a regulation

Article 52 – paragraph 1 – subparagraph 2 – point f

Text proposed by the Commission	Amendment
(f) characteristics that enhance the sustainability of storage, processing and distribution;	(f) characteristics that enhance the sustainability of cultivation, harvesting, storage, processing, distribution and use;

Amendment  222

Proposal for a regulation

Article 52 – paragraph 1 – subparagraph 2 – point g

Text proposed by the Commission	Amendment
(g) quality or nutritional characteristics.	(g) quality, or nutritional characteristics or characteristics important for processing;

Amendment  223

Proposal for a regulation

Article 52 – paragraph 1 – subparagraph 2 – point g a (new)

Text proposed by the Commission	Amendment
	(ga) pre- or post-harvest waste reduction.

Amendment  224

Proposal for a regulation

Article 52 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. Examination of the value for sustainable cultivation and use shall be made possible for the species listed in Parts B and C of Annex I on a voluntary basis. Where the examination of the sustainable cultivation and use has been carried out by an official competent authority or under the official supervision and guidance of the competent authority pursuant to Article 61, it shall allow the inclusion of claim on the area of the label mentioned in Article 17(5). That claim shall only concern the characteristics that have been shown to offer a clear improvement compared to other varieties of the same species during the examination tests. The voluntary system shall allow competent authorities to develop methodologies to assess the characteristics listed under paragraph 1, second subparagraph, points (a) to (g).

Amendment  225

Proposal for a regulation

Article 52 – paragraph 3 – subparagraph 1 – point b

Text proposed by the Commission	Amendment
(b) establishing the methodologies for assessing the characteristics listed under paragraph 1, points (a) to (g);	(b) establishing the methodologies for assessing the characteristics listed under paragraph 1, second subparagraph, points (a) to (ga);

Amendment  226

Proposal for a regulation

Article 52 – paragraph 3 – subparagraph 3 a (new)

Text proposed by the Commission	Amendment
	Those delegated acts shall ensure that the minimum requirements, methodologies and standards referred to in points (a) to (c) of the first subparagraph that apply to Parts D and E of Annex I, are adapted to the specific features of those species and their end-uses, as well as to the objectives of diversity and innovation.

Amendment  227

Proposal for a regulation

Article 52 – paragraph 3 – subparagraph 4

Text proposed by the Commission	Amendment
The Commission may adopt, by means of implementing acts, a decision requesting a Member State to repeal or modify those rules, if they are deemed, on the basis of the available scientific and technical evidence, to be inappropriate for the examination of value for sustainable cultivation and use of a variety. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).	deleted

Amendment  228

Proposal for a regulation

Article 52 – paragraph 4 – subparagraph 2

Text proposed by the Commission	Amendment
Where competent authorities are not able to carry out an examination under organic conditions, or the examination of certain characteristics, including disease susceptibility, testing may be carried out under low-input conditions and with only the absolutely necessary for the completion of the testing treatments with pesticides and other external inputs.	Where competent authorities are not able to carry out an examination under organic conditions, or the examination of certain characteristics, including disease susceptibility, testing may be carried out under in-conversion or low-input conditions and with only the absolutely necessary treatments with pesticides and other external inputs for the completion of the examination. Where applicable, the Member States shall report yearly to the Commission on the reasons behind not testing under non-organic conditions and implementation of testing under non-organic conditions.

Amendment  229

Proposal for a regulation

Article 52 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4a. Competent authorities may include testing of conventional seed under low input conditions, organic in-conversion, or organic conditions.

Amendment  230

Proposal for a regulation

Article 52 – paragraph 4 b (new)

Text proposed by the Commission	Amendment
	4b. By ... [10 years from the date of entry into force of this Regulation ] the Commission shall evaluate the results of the voluntary system referred to in paragraph 1a, and shall summarise the results of that evaluation in a report to the European Parliament and the Council.

Amendment  231

Proposal for a regulation

Article 53 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) it has an indication of its initial region of origin;	(b) it has an indication of its initial region of origin, when known, or the local conditions under which it has been newly bred;

Amendment  232

Proposal for a regulation

Article 53 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission	Amendment
	The registration under this Article shall be free of charge for the applicant.

Amendment  233

Proposal for a regulation

Article 53 – paragraph 2 – subparagraph 2

Text proposed by the Commission	Amendment
The competent authority shall accept or reject the registration of a conservation variety, after checking its compliance with paragraph 1.	The competent authority shall accept or reject the registration of a conservation variety, after checking its compliance with paragraph 1. The competent authority shall communicate to the applicant its decision. In the event of rejection of the registration, it shall state the reasons justifying such rejection.

Amendment  234

Proposal for a regulation

Article 53 – paragraph 4 – subparagraph 2

Text proposed by the Commission	Amendment
The Commission may, by means of implementing acts, specify the characteristics and information that that description should cover if appropriate for specific species. Such implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).	deleted

Amendment  235

Proposal for a regulation

Article 53 a (new)

Text proposed by the Commission	Amendment
	Article 53a
	Requirements for the registration of a selected clone and polyclonal PRM in the Member State´s register
	1.  The applicant shall submit an application to the competent authority indicating:
	(a)  species and, as applicable, variety to which the selected clone or polyclonal PRM belongs, whereby the variety shall be registered in a national variety register referred to in Article 44;
	(b)  proposed denomination and synonyms;
	(c)  where applicable, description of the polyclonal PRM;
	(d)  the maintainer of the selected clone or polyclonal PRM;
	(e)  reference to the description of the main characteristics of the variety to which the selected clone or polyclonal PRM belongs;
	(f)  description of the main value for sustainable cultivation and use characteristics of the selected clone or polyclonal PRM;
	(g)  the estimated genetic gains of the selected clone or polyclonal PRM in relation to the overall performance of the relevant variety;
	(h)  information on whether the selected clone or polyclonal PRM is already registered in a register of another Member State.
	2.  The selected clone shall fulfil the following requirements in order to be registered in the Member State's register:
	(a)  it shall be selected within the variety it belongs to for some special intravarietal phenotypic traits and its phytosanitary status that give the selected clone a better performance, in accordance with internationally accepted methods based on methods from the International Organisation of Vine and Wine;
	(b)  the trueness of the selected clone to the identity of the variety shall be ensured through the observation of the phenotypic characteristics and, where appropriate, through molecular analysis pursuant to internationally accepted standards.
	3.  The polyclonal PRM shall fulfil the following requirements in order to be registered in the Member State's register:
	(a)  it shall be selected in a single field trial containing a representative sample of the overall genetic diversity of the variety according to an experimental design based on internationally accepted methods; that design shall be based on methods prescribed by the International Organisation of Vine and Wine and shall be composed of seven to 20 distinct genotypes 1b;
	(b)  the trueness of the polyclonal PRM to the identity of the variety shall be ensured through the observation of the phenotypic characteristics and, where appropriate, through molecular analysis pursuant to internationally accepted standards.
	4.  The competent authority shall decide on the registration in the Member State´s register only after it concludes that the conditions set out in paragraphs 2 and 3, as applicable for the type of material, are fulfilled.

Amendment  236

Proposal for a regulation

Article 54 – paragraph 1 – point c – paragraph 1 – point i

Text proposed by the Commission	Amendment
(i) 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	(i) 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 in documentation provided to the competent authority by a natural or legal person involved in the dynamic conservation;

Amendment  237

Proposal for a regulation

Article 54 – paragraph 1 – point c – paragraph 2

Text proposed by the Commission	Amendment
unless variety referred to in point (i) or (ii) no longer remains in existence and its denomination has acquired no special significance;	deleted

Amendment  238

Proposal for a regulation

Article 56 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) a proposed denomination;	(d) a provisional designation;

Amendment  239

Proposal for a regulation

Article 56 – paragraph 1 – point d a (new)

Text proposed by the Commission	Amendment
	(da) a variety denomination proposed by the applicant which may accompany the application;

Amendment  240

Proposal for a regulation

Article 56 – paragraph 1 – point j

Text proposed by the Commission	Amendment
(j) where the variety contains or consists of a genetically modified organism, evidence that the genetically modified organism in question is authorised for cultivation in the Union, in accordance with Directive 2001/18/EC or Regulation (EC) No 1829/2003, or, where applicable, in the respective Member State in accordance with Article 26b of Directive 2001/18/EC;;	(j) where the variety contains or consists of a genetically modified organism, evidence that the genetically modified organism in question is authorised for cultivation in the Union, in accordance with Directive 2001/18/EC or Regulation (EC) No 1829/2003, or, where applicable, in the respective Member State in accordance with Article 26b of Directive 2001/18/EC, and the evidence of compliance with the cultivation and monitoring requirements in the given growing season;

Amendment  241

Proposal for a regulation

Article 56 – paragraph 1 – point k

Text proposed by the Commission	Amendment
(k) where the application concerns conservation varieties, information related to the production of an officially recognised description of the variety, a proof of that description and any document or publication supporting it;	deleted

Amendment  242

Proposal for a regulation

Article 56 – paragraph 1 – point o

Text proposed by the Commission	Amendment
(o) the intended use or conditions of cultivation, if applicable pursuant to Article 47(2), of the variety.	(o) in the event that the variety is tolerant to herbicides as referred to in Article 47(1), point (f), or has particular characteristics that may lead to undesirable agronomic effects as referred to in Article 47(1), point (g), an indication of that fact;

Amendment  243

Proposal for a regulation

Article 56 – paragraph 1 – point o a (new)

Text proposed by the Commission	Amendment
	(oa) the breeding techniques used for the development of the variety;

Amendment  244

Proposal for a regulation

Article 56 – paragraph 1 – point o b (new)

Text proposed by the Commission	Amendment
	(ob) the existence of any intellectual property rights covering the variety, its components, and characteristics, within the limits of the rights applied for or granted for that variety to the applicant, including where the applicant has signed a contractual licence or has obtained a compulsory licence for the use of a patent owned by another operator.

Amendment  245

Proposal for a regulation

Article 61 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. By way of derogation from Article 59(2), the technical examination of whether the variety has a sustainable value for cultivation and use, in accordance with Article 52, or part of it, may be carried out by the applicant if:	1. By way of derogation from Article 59(2), and only for operators under the voluntary system referred to in Article 52(1a), the competent authority may authorise the applicant to carry out the technical examination of whether the variety has a sustainable value for cultivation and use, in accordance with Article 52, or part of it, is if:

Amendment  246

 

Proposal for a regulation

Article 61 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) that applicant has been authorised by the competent authority of the respective Member State;	deleted

Amendment  247

Proposal for a regulation

Article 61 – paragraph 1 – point c a (new)

Text proposed by the Commission	Amendment
	(ca) the examination does not replace the risk assessment required to apply for marketing authorisation under Directive 2001/18/EC on genetically modified organisms or under Regulation (EU) .../... on plants obtained by certain new genomic techniques.

Amendment  248

Proposal for a regulation

Article 63 – paragraph 3

Text proposed by the Commission	Amendment
3. This Article shall apply without prejudice to Article 8 of Regulation (EU) 2017/625.	3. This Article shall apply without prejudice to Article 8 of Regulation (EU) 2017/625. The competent authorities shall take due account of the respect of confidentiality of commercial or industrial information where such confidentiality is provided for by Union or national law to protect a legitimate economic interest.

Amendment  249

Proposal for a regulation

Article 67 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) it establishes that the respective requirements set out in Article 47(1) are not fulfilled; or	(a) it establishes that the respective requirements set out in Article 47(1) and Article 48 are not fulfilled; or

Amendment  250

Proposal for a regulation

Article 68 – paragraph 1

Text proposed by the Commission	Amendment
1. By way of derogation from Articles 54 to 67, the competent authorities shall immediately register in their national variety registers all varieties officially accepted or registered before … [the date of the entry into force of this Regulation], in the catalogues, lists or registers established by their Member States pursuant to Article 5 of Directive 68/193/EEC, Article 3 of Directive 2002/53/EC, Article 3(2) of Directive 2002/55/EC and Article 7(4) of Directive 2008/90/EC, without applying the registration procedure set out by those Articles.	1. By way of derogation from Articles 54 to 67, the competent authorities shall immediately register in their national variety registers all varieties officially accepted or registered before … [the date of entry into force of this Regulation], in the catalogues, lists or registers established by their Member States pursuant to Article 5 of Directive 68/193/EEC, Article 3 of Directive 2002/53/EC, Article 3(2) of Directive 2002/55/EC and varieties with an official description pursuant to Article 7 of Directive 2008/90/EC, without applying the registration procedure set out by those Articles.

Amendment  251

Proposal for a regulation

Article 68 – paragraph 2

Text proposed by the Commission	Amendment
2. By way of derogation from Article 53, varieties accepted in accordance with Article 3 of Directive 2008/62/EC and Article 3(1) of Directive 2009/145/EC before… [OJ, please, insert the date of the entry into force of this Regulation] shall be immediately registered in the national variety registers as conservation varieties provided with an officially recognised description without applying the registration procedure set out by that Article.	2. By way of derogation from Article 53, varieties accepted in accordance with Article 3 of Directive 2008/62/EC and Article 3(1) and Article 21(1) of Directive 2009/145/EC, and varieties with an officially recognised description pursuant to Article 7 of Directive 2008/90/EC before… [the date of entry into force of this Regulation] shall be immediately registered in the national variety registers as conservation varieties provided with an officially recognised description without applying the registration procedure set out by that Article.

Amendment  252

Proposal for a regulation

Article 69 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
However, that period of registration shall be 30 years for varieties of species of fruit plants and vine propagating material, as listed respectively in Parts C and D of Annex I.	However, that period of registration shall be 30 years for conservation varieties and varieties of species of fruit plants and vine propagating material, as listed respectively in Parts C and D of Annex I.

Amendment  253

Proposal for a regulation

Article 70 – paragraph 4

Text proposed by the Commission	Amendment
4. The competent authority may, on its own initiative, renew the registration of a variety, if it is still in large demand by the professional operators and farmers concerned, or it should be retained in the interest of conserving plant genetic resources.	4. The competent authority may, on its own initiative, renew the registration of a variety, if it is still in large demand by the professional operators and farmers concerned, or it should be retained in the interest of conserving plant genetic resources, provided that the variety is no longer protected by a plant breeders’ right title in accordance with Council Regulation (EC) No 2100/94, and provided that the variety is off the list for a minimum of two years.

Amendment  254

Proposal for a regulation

Article 75 – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
The delegation of power referred to in Articles 2(3), 7(3), 8(4), 10(2), 15(5), 20(2), 22(2), 24(4), 27(3), 46(2), 47(3), 52(3), 54(4), 61(3), and 62(1) shall be conferred on the Commission for 5 years from the date of the entry into force of this Regulation.	The power to adopt delegated acts referred to in Articles 2(3), 7(3), 8(4), 10(2), 12(3), 15(5), 20(2), 22(2), 24(4), 27(3), 30a, 33(1) and (3), 38(1) and (2), 46(2), 47(3), 52(3), 54(4), 61(3), and 62(1) shall be conferred on the Commission for five years from ... [the date of entry into force of this Regulation].

Amendment  255

Proposal for a regulation

Article 75 – paragraph 3

Text proposed by the Commission	Amendment
3. The delegation of power referred to in Articles 2(3), 7(3), 8(4), 10(2), 15(5), 20(2), 22(2), 24(4), 27(3), 46(2), 47(3), 52(3), 54(4), 61(3), and 62(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.	3. The delegation of power referred to in Articles 2(3), 7(3), 8(4), 10(2), 12(3), 15(5), 20(2), 22(2), 24(4), 27(3), 30a, 33(1) and (3), 38(1) and (2), 46(2), 47(3), 52(3), 54(4), 61(3), and 62(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke 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.

Amendment  256

Proposal for a regulation

Article 75 – paragraph 6

Text proposed by the Commission	Amendment
6. A delegated act adopted pursuant to Articles 2(3), 7(3), 8(4), 10(2), 15(5), 20(2), 22(2), 24(4), 27(3), 46(2), 47(3), 52(3), 54(4), 61(3), and 62(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of the 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 2 months at the initiative of the European Parliament or the Council.	6. A delegated act adopted pursuant to Articles 2(3), 7(3), 8(4), 10(2), 12(3), 15(5), 20(2), 22(2), 24(4), 27(3), 30a, 33(1) and (3), 38(1) and (2), 46(2), 47(3), 52(3), 54(4), 61(3), and 62(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of the 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 2 months at the initiative of the European Parliament or the Council.

Amendment  257

Proposal for a regulation

Article 77 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) quantities of certified and standard PRM and areas used for their production per year and species with a specification of the quantities used for organic varieties suitable for organic production;	(a) quantities of certified and standard PRM per year and species with a specification of the quantities used for organic varieties suitable for organic production;

Amendment  258

Proposal for a regulation

Article 77 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) number of professional operators using the derogations for marketing to final users in accordance with Article 28, the species concerned and total quantities of PRM per species;	(d) number of professional operators using the derogations for marketing to final users in accordance with Article 28, the species concerned;

Amendment  259

Proposal for a regulation

Article 77 – paragraph 1 – point e

Text proposed by the Commission	Amendment
(e) number of gene banks, organisations and networks with a statutory or other declared objective to conserve plant genetic resources, in accordance with Article 29 and the species concerned;	(e) number of conservation organisations and networks with a statutory or other declared objective to conserve plant genetic resources, in accordance with Article 29 and the species concerned;

Amendment  260

Proposal for a regulation

Article 77 – paragraph 1 – point f

Text proposed by the Commission	Amendment
(f) the quantities as defined per species for the seeds exchanged in kind between farmers, in accordance with Article 30;	deleted

Amendment  261

Proposal for a regulation

Article 77 – paragraph 1 – point g

Text proposed by the Commission	Amendment
(g) the quantities authorised per species for PRM intended for tests and trials for the breeding of new varieties, in accordance with Article 31;	deleted

Amendment  262

Proposal for a regulation

Article 78 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and of any subsequent amendment affecting them.	1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate, preventive and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and of any subsequent amendment affecting them.

Amendment  263

Proposal for a regulation

Article 81

Regulation (EU) 2018/848

Article 3, Article 13 and second paragraph of point 1.8.4. of Part I of Annex II

Text proposed by the Commission	Amendment
Article 81	deleted
Amendment of Regulation (EU) 2018/848
Regulation (EU) 2018/848 is amended as follows:
(1) Article 3 is amended as follows:
(a) point (17) is replaced by the following:
‘(17) ‘plant reproductive material’ means plant reproductive material as defined in Article 3(1) of Regulation (EU) …/… of the European Parlament and Council(*)+;’;
____________
(*) Regulation (EU) …/… of the European Parliament and of the Council …. (OJ …, p…). [footnote that will be in that regulation goes here]
[+ OJ: Please insert in the text the number of this Regulation and insert the number, date, title and OJ reference of this Regulation in the footnote.]’
(b) point (18) is replaced by the following:
‘(18) ‘organic heterogeneous material’ means heterogeneous material as defined in Article 3(27) of Regulation (EU) …/…(*)++ , produced in accordance with this Regulation;’
____________
(*) Regulation (EU) …/… of the European Parliament and of the Council …. (OJ …, p…). [footnote that will be in that regulation goes here]
[++ OJ: Please insert in the text the number of this Regulation.]’
(2) Article 13 is deleted.
(3) The second paragaph of Point 1.8.4. of Part I of Annex II to Regulation (EU) 2018/848 is replaced by the following: “ All multiplication practices, except plant tissue cultures, cell cultures, germplasm, meristems, chimaeric clones, micro-propagated material, shall be carried out under certified organic management”.

Amendment  264

Proposal for a regulation

Article 83 – paragraph 3 – point b

Text proposed by the Commission	Amendment
(b) Article 52 shall apply from ... [60 months from the date of the entry into force of this Regulation] for the species listed in Parts B and C of Annex I. It shall be binding in its entirety and directly applicable in all Member States.	(b) Article 52 shall apply, provided that the respective examination requirements, methodologies and standards for assessing the characteristics listed in Article 52(1), second subparagraph, points (a) to (gb), exist. It shall be binding in its entirety and directly applicable in all Member States.

Amendment  265

Proposal for a regulation

Annex I – Part A – row 107 a (new)

Text proposed by the Commission	Amendment
	Cicer arietinum
	Camelina sativa
	Fagopyrum esculentu
	Lens culinaris
	Triticum monococcum
	Chenopodium quinoa
	Vicia ervilia
	Vicia narbonensis
	Tritordeum
	Lathyrus sativus
	Eragrostis tef
	Ceratonia siliqua

Amendment  266

Proposal for a regulation

Annex I – Part B – row 29 a (new)

Text proposed by the Commission	Amendment
	Salvia hispanica.

Amendment  267

Proposal for a regulation

Annex II – Part B – title

Text proposed by the Commission	Amendment
REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF PRE-BASIC, BASIC AND CERTIFIED MATERIAL OF AGRICULTURAL AND VEGETABLE SPECIES	REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF PRE-BASIC, BASIC AND CERTIFIED MATERIAL OF AGRICULTURAL AND VEGETABLE SPECIES, FRUIT PLANTS

Amendment  268

Proposal for a regulation

Annex II – Part C – title

Text proposed by the Commission	Amendment
REQUIREMENTS FOR THE PRODUCTION, REGISTRATION AND MARKETING OF SELECTED CLONES, MULTICLONAL MIXTURES AND POLYCLONAL PRM OF PRE-BASIC, BASIC AND CERTIFIED MATERIAL AS REFERRED TO IN ARTICLE 9 (1)	REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF SELECTED CLONES OF PRE-BASIC, BASIC AND CERTIFIED MATERIAL AS REFERRED TO IN ARTICLE 9 (1)

Amendment  269

Proposal for a regulation

Annex II – Part C – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
Requirements for the production of pre-basic, basic and certified selected clones, multiclonal mixtures and polyclonal PRM	Requirements for the production of pre-basic, basic and certified selected clones

Amendment  270

Proposal for a regulation

Annex II – Part C – paragraph 1 – point A – point a

Text proposed by the Commission	Amendment
(a) The identity of the selected clone, multiclonal mixture or polyclonal PRM shall be determined through an official label or a label issued by the profesional operator and recorded by the professional operator to ensure its traceability. The label of the material or the records, on the respective mother plants for the production of each selected clone and the respective genotypes for the production of the polyclonal PRM, shall be kept by the professional operator after the marketing of that PRM.	(a) The identity of the selected clone shall be determined through an official label or a label issued by the profesional operator and recorded by the professional operator to ensure its traceability. The label of the material or the records, on the respective mother plants for the production of each selected clone shall be kept by the professional operator after the marketing of that PRM.

Amendment  271

Proposal for a regulation

Annex II – Part C – paragraph 1 – point A – point b – point i

Text proposed by the Commission	Amendment
(i) there is sufficient distance from other plants of the same genera or species, determined on the basis of botanical characteristics for each species and as appropriate for the category of the material, to ensure protection from any undesirable foreign pollination and to avoid cross pollination with other crops;	deleted

Amendment  272

Proposal for a regulation

Annex II – Part C – paragraph 1 – point B – point d

Text proposed by the Commission	Amendment
(d) The respective mother plants and the respective genotypes shall be excluded as a source of PRM in case of defects.	(d) The respective mother plants shall be excluded as a source of PRM in case of defects.

Amendment  273

Proposal for a regulation

Annex II – Part C – paragraph 1 – point B – point e

Text proposed by the Commission	Amendment
(e) The respective mother plants and the respective genotypes shall be maintained in all phases of cultivation, under conditions to enable the production of PRM, and to permit their identification and verification of compliance with the official description or the officially recognised description of their variety. In the case of mother plants not belonging to a variety, that verification of compliance with the official description or the officially recognised description shall concern the species to which those mother plants belong.	(e) The respective mother plants shall be maintained in all phases of cultivation, under conditions to enable the production of PRM, and to permit their identification and verification of compliance with the official description or the officially recognised description of their variety. In the case of mother plants not belonging to a variety, that verification of compliance with the official description or the officially recognised description shall concern the species to which those mother plants belong.

Amendment  274

Proposal for a regulation

Annex II – Part C – paragraph 1 – point B – point i

Text proposed by the Commission	Amendment
(i) In the case of multiclonal mixtures, the mixture of selected clones constituting the multiclonal mixture shall be made before the final packaging of that PRM and shall include identical proportions of all selected clones that constitute the multiclonal mixture.	deleted

Amendment  275

Proposal for a regulation

Annex II – Part C – paragraph 1 – point B – point j

Text proposed by the Commission	Amendment
(j) In the case of polyclonal PRM, the mixture of genotypes constituting the polyclonal PRM shall be made before the final packaging of that PRM and shall include identical proportions of all genotypes that constitute the polyclonal PRM.	deleted

Amendment  276

Proposal for a regulation

Annex II – Part C – paragraph 2

Text proposed by the Commission	Amendment
2. Requirements for the registration of a selected clone, multiclonal mixture and polyclonal PRM	deleted
(a) The applicant shall submit an application to the competent authority indicating:
(i) species and, as applicable, variety to which the selected clone, multiclonal mixture or polyclonal PRM belongs, whereby the variety shall be registered in a national variety register referred to in Article 44;
(ii) proposed denomination and synonyms;
(iii) where applicable, description of the composition of the multiclonal mixture or polyclonal PRM;
(iv) the maintainer of the selected clone, multiclonal mixture or polyclonal PRM;
(v) reference to the description of the main characteristics of the variety to which the selected clone, multiclonal mixture or polyclonal PRM belongs;
(vi) description of the main VSCU characteristics of the selected clone, multiclonal mixture or polyclonal PRM;
(vii) the estimated genetic gain of the selected clone, multiclonal mixture or polyclonal PRM in relation to the overall performance of the relevant variety;
(viii) information on whether the selected clone, multiclonal mixture or polyclonal PRM is already registered in a register of another Member State.
(b) The selected clone, multiclonal mixture or polyclonal PRM shall fulfil the following requirements as appropriate for the type of material concerned in order to be registered:
(i) the polyclonal PRM shall be selected in a single field trial containing a representative sample of the overall genetic diversity of the variety according to an experimental design based on internationally accepted methods. In the case of polyclonal PRM of vine that design shall be based on methods prescribed by the International organisation of vine and wine;
(ii) in the case of vine propagating material, the polyclonal PRM shall be composed of 7 to 20 distinct genotypes;
(iii) the trueness of the selected clone, each selected clone of the multiclonal mixture, each genotype of the polyclonal PRM to the identity of the variety shall be ensured through the observation of the phenotypic characteristics and, where appropriate, through molecular analysis pursuant to internationally accepted standards.
The competent authority shall decide on the registration only after it concludes that the points (i) - (iii) as applicable for the type of material are fulfilled.
(c) The requirements for the marketing of pre-basic, basic and certified material as set out in Part B point 2 shall apply accordingly.

Amendment  277

Proposal for a regulation

Annex II – Part D – title

Text proposed by the Commission	Amendment
REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF PRE-BASIC, BASIC AND CERTIFIED SEED OF FRUIT PLANTS, VINE AND SEED POTATOES	REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF PRE-BASIC, BASIC AND CERTIFIED SEED OF FRUIT PLANTS, VINE AND POTATOES

Amendment  278

Proposal for a regulation

Annex II – Part D – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
Requirements for the production of pre-basic, basic and certified seed of fruit plants, vine and seed potatoes	Requirements for the production of pre-basic, basic and certified seed of fruit plants, vine and potatoes

Amendment  279

Proposal for a regulation

Annex III – Part A – paragraph 1 – point B – point d

Text proposed by the Commission	Amendment
(d) The mother plants shall be maintained in all phases of production, under conditions to enable the production of seeds, and permitting their identification and verification of compliance with the official description of their variety.	(d) The mother plants shall, where applicable, be maintained in all phases of production, under conditions to enable the production of seeds, and permitting their identification and verification of compliance with the official description of their variety.

Amendment  280

Proposal for a regulation

Annex III – Part B – title

Text proposed by the Commission	Amendment
REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF STANDARD MATERIAL OF AGRICULTURAL AND VEGETABLE SPECIES	REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF STANDARD MATERIAL OF AGRICULTURAL AND VEGETABLE SPECIES, FRUIT PLANTS AND VINE

Amendment  281

Proposal for a regulation

Annex III – Part B – paragraph 1

Text proposed by the Commission	Amendment
With the exception of point (b)(i) thereof, Part B of Annex II shall apply accordingly for the production and marketing of standard material.	Part A of Annex III shall apply accordingly for the production and marketing of standard material, including for conservation varieties placed on the market in accordance with Article 26.

Amendment  282

Proposal for a regulation

Annex III – Part B – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	Vine rootstocks may not be marketed as standard material.

Amendment  283

Proposal for a regulation

Annex III – Part C – title

Text proposed by the Commission	Amendment
REQUIREMENTS FOR THE REGISTRATION, PRODUCTION AND MARKETING OF SELECTED CLONES, MULTICLONAL MIXTURES AND POLYCLONAL PRM OF STANDARD MATERIAL AS REFERRED TO IN ARTICLE 9 (1)	REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF POLYCLONAL PRM AS REFERRED TO IN ARTICLE 9 (1)

Amendment  284

Proposal for a regulation

Annex III – Part C – paragraph 1

Text proposed by the Commission	Amendment
Vine rootstocks may not be marketed as standard material.	1.  Planting
	Part C, point 1 of Annex II shall apply accordingly to the planting of polyclonal PRM.

Amendment  285

Proposal for a regulation

Annex III – Part C – paragraph 2

Text proposed by the Commission	Amendment
Part C of Annex II shall apply accordingly for the registration, production and marketing of selected clones, multiclonal mixtures and polyclonal PRM of standard material.	2.  Field cultivation:
	(a)  During all stages of cultivation, propagating and planting material shall be kept separate from each other.
	(b)  Off-types and deformed or damaged plants shall be disposed of at all stages of cultivation in order to ensure varietal identity and purity, or, in the case of rootstocks not belonging to a variety, trueness to the identity of the species, as well as deformed or damaged plants and for efficient production.
	(c)  The respective mother plants shall be excluded as a source of PRM in the  case of defects.
	(d)  The respective mother plants shall be maintained in all phases of cultivation, under conditions to enable the production of PRM, and to permit their identification and verification of compliance with the official description or the officially recognised description of their variety.
	(e)  Mother plants shall be inspected visually at their relevant growth stage(s), at the relevant frequency and with the relevant methods as appropriate for the genera or species concerned.

Amendment  286

Proposal for a regulation

Annex III – Part C – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a.  Requirements for the marketing of polyclonal PRM
	The material shall fulfil all of the following requirements, depending on the characteristics of each genus or species concerned:
	(a)  have minimum vigour, defined dimension, and, where applicable, specific grading, to ensure the appropriateness of the material and sufficient homogeneity of the lot for planting;
	(b)  be practically free from specific defects;
	(c)  the mixture of genotypes constituting the polyclonal PRM shall be made before the final packaging of that PRM and shall include identical proportions of all genotypes that constitute the polyclonal PRM; however, a tolerance is admissible, the frequency of any single genotype shall never exceed twice that of the least frequent genotype.

Amendment  287

Proposal for a regulation

Annex III – Part D – title

Text proposed by the Commission	Amendment
REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF STANDARD SEED OF FRUIT PLANTS, VINE AND SEED POTATOES	REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF STANDARD SEED OF FRUIT PLANTS, VINE AND POTATOES

Amendment  288

Proposal for a regulation

Annex III – Part D – paragraph 1

Text proposed by the Commission	Amendment
Part D of Annex II shall apply accordingly for the production and marketing of standard seed of fruit plants, vine and seed potatoes.	Part D of Annex II shall apply accordingly for the production and marketing of standard seed of fruit plants, vine and potatoes.

Amendment  289

Proposal for a regulation

Annex IV a (new)

	Text proposed by the Commission
	Amendment
	ANNEX IVa
	SPECIES WHICH MAY BE PRODUCED AND MARKETED AS COMMERCIAL SEED
	Arachis hypogaea L.
	Biserrula pelecinus
	Brassica nigra (L.) W.D.J. Koch
	Cynodon dactylon L.
	Festuca trachyphylla (Hack.) Krajina)
	Festuca filiformis Pour
	Hedysarum coronarium L.
	Lathyrus cicera
	Medicago × varia T. Martyn Sand
	Medicago doliata Carmingn
	Medicago italica (Mill.) Fiori
	Medicago littoralis
	Medicago murex
	Medicago polymorpha
	Medicago rugosa
	Medicago scutellata
	Medicago truncatula
	Medicago x varia Martyn Sand
	Onobrychis viciifolia Scop
	Ornithopus compressus
	Ornithopus sativus
	Phalaris aquatica L.
	Plantago lanceolata
	Poa annua
	Poa nemoralis
	Trifolium fragiferum
	Trifolium glanduliferum
	Trifolium hirtum
	Trifolium isthmocarpum
	Trifolium michelianum
	Trifolium squarrosum
	Trifolium subterraneum
	Trifolium vesiculosum
	Trigonella foenum-graecum L.
	Vicia bengahalensis L.
	Vicia pannonica Crantz
	xFestulolium Asch. & Graebn.

Amendment  290

Proposal for a regulation

Annex V – subheading 1

Text proposed by the Commission	Amendment
1. Source area	1. Region of origin

Amendment  291

Proposal for a regulation

Annex V – subheading 1 – paragraph 1

Text proposed by the Commission	Amendment
Competent authorities may designate specific source areas for the preservation mixtures, with which such mixtures are naturally associated. For that purpose, they shall take into account information from plant genetic resource authorities or organisations recognised for this purpose by the Member States.	Competent authorities may designate specific regions of origin for the preservation mixtures, with which such mixtures are naturally associated. For that purpose, they shall take into account information from plant genetic resource authorities or organisations recognised for this purpose by the Member States.

Amendment  292

Proposal for a regulation

Annex V – subheading 1 – paragraph 2

Text proposed by the Commission	Amendment
Where the source area is located in more than one Member State, it shall be identified by a common agreement of all Member States concerned.	Where the region of origin is located in more than one Member State, it shall be identified by a common agreement of all Member States concerned.

Amendment  293

Proposal for a regulation

Annex V – subheading 2 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) typical for the habitat type of the source area;	(a) typical for the habitat type of the region of origin;

Amendment  294

Proposal for a regulation

Annex V – subheading 2 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) adequate for the purpose of recreating the habitat type of the source area.	(c) adequate for the purpose of recreating the habitat type of the region of origin.

Amendment  295

Proposal for a regulation

Annex V – subheading 2 – paragraph 3

Text proposed by the Commission	Amendment
The maximum content of Rumex spp., other than Rumex acetosella and Rumex maritimus, shall not exceed 0,05 % by weight.	The maximum content of Rumex spp., other than Rumex acetosella and Rumex maritimus, Rumex acetosa, R. thyrsiflorus and R. sanguineus shall not exceed 0,05 % by weight.

Amendment  296

Proposal for a regulation

Annex V – subheading 3 – paragraph 2 – point c

Text proposed by the Commission	Amendment
(c) components as species and, where relevant, subspecies and varieties of the preservation mixture; which are typical for the habitat type of the source area site and which are, as components of the mixture, of importance for the preservation of the natural environment in the context of the conservation of genetic resources;	(c) components as species and, where relevant, subspecies of the preservation mixture; which are typical for the habitat type of the region of origin and which are, as components of the mixture, of importance for the preservation of the natural environment in the context of the conservation of genetic resources;

Amendment  297

Proposal for a regulation

Annex V – subheading 3 – paragraph 2 – point d

Text proposed by the Commission	Amendment
(d) quantity of the mixture to which the authorisation is to apply;	deleted

Amendment  298

Proposal for a regulation

Annex V – subheading 3 – paragraph 2 – point e

Text proposed by the Commission	Amendment
(e) source area of the mixture;	(e) region of origin of the mixture;

Amendment  299

Proposal for a regulation

Annex V – subheading 3 – paragraph 2 – point g

Text proposed by the Commission	Amendment
(g) habitat type of the source area of the mixture; and	(g) habitat type of the region of origin of the mixture; and

Amendment  300

Proposal for a regulation

Annex V – subheading 3 – paragraph 3

Text proposed by the Commission	Amendment
The application shall be accompanied by the information necessary to verify compliance with requirements set out in point 4 in the case of directly harvested preservation mixtures, or point 5 in the case of multiplied preservation mixtures.	The application shall be accompanied by the information necessary to verify compliance with requirements set out in paragraph 4 in the case of directly harvested preservation mixtures, or paragraph 5 in the case of multiplied preservation mixtures.

Amendment  301

Proposal for a regulation

Annex V – subheading 3 – paragraph 5

Text proposed by the Commission	Amendment
Professional operators before the beginning of each production season shall notify the quantity of seed of preservation mixtures, for which the authorisation is intended, together with size and location of the intended collection site or sites and the date or dates of collection.	Professional operators at the end of each calendar or fiscal year, as appropriate, shall notify the quantity of authorised preservation mixtures to the competent authority.

Amendment  302

Proposal for a regulation

Annex V – subheading 4 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) a seed mixture that has been collected at the source area (‘directly harvested preservation mixture’) shall be collected at a site which has not been sown in the 40 years previous to the date of the authorisation;	(a) a seed mixture that has been collected at the region of origin (‘directly harvested preservation mixture’) shall be collected at a site which has not been sown in the 40 years previous to the date of the authorisation;

Amendment  303

Proposal for a regulation

Annex V – subheading 5 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) seed of individual species is taken at the source area, or is a directly harvested preservation mixtures purchased to other operator;	(a) seed of individual species is taken at the region of origin, or is a directly harvested preservation mixtures purchased to other operator;

Amendment  304

Proposal for a regulation

Annex V – subheading 5 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) the seed referred to in point (a) is multiplied outside the source area as single species. Multiplication may take place for five generations;	deleted

Amendment  305

 

Proposal for a regulation

Annex V – subheading 5 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) this mixture may also include seed from species listed in Part A of Annex I that has been produced conventionally, if it complies with point (c);	deleted

Amendment  306

 

Proposal for a regulation

Annex V – subheading 5 – paragraph 1 – point h

Text proposed by the Commission	Amendment
(h) the maximum content of species and, where relevant, subspecies which do not comply with point (g) shall not exceed 1 % by weight;	(h) the maximum content of species and, where relevant, subspecies which do not comply with point (f) shall not exceed 1 % by weight;

Amendment  307

 

Proposal for a regulation

Annex VI – point A – paragraph 2

Text proposed by the Commission	Amendment
The notification shall be sent by registered letter or by any other means of communication accepted by the competent authorities with confirmation of receipt requested. Three months after the date shown on the return receipt provided that no additional information was requested or that non formal refusal for reasons of incompleteness of the notification was communicated to the supplier, the competent authority shall be deemed to have acknowledged the notification and its content, and the heterogeneous material shall be included in the heterogeneous material register.	The notification shall be sent by registered letter or by any other means of communication accepted by the competent authorities with confirmation of receipt requested. Three months after the date shown on the return receipt provided that no additional information was requested or that non formal refusal for reasons of incompleteness of the notification was communicated to the supplier, the competent authority shall be deemed to have acknowledged the notification and its content, and the heterogeneous material shall be included in the heterogeneous material register. That register shall remain free of charge to the official operator.

Amendment  308

 

Proposal for a regulation

Annex VI – point  B – point 2 – introductory part

Text proposed by the Commission	Amendment
2. The heterogeneous material may be generated by one of the following techniques:	2. The heterogeneous material may originate from one of the following techniques:

Amendment  309

 

Proposal for a regulation

Annex VI – point D – point 1 – paragraph 1

Text proposed by the Commission	Amendment
PRM of heterogeneous material shall comply with the requirements for the analytical purity and germination requirements for seed and the quality requirements for other material of the lowest category for the respective species.	PRM of heterogeneous material shall comply with requirements equal to those set for the lowest category for the respective species including requierments set for the species listed in Annex IV for the analytical purity and germination requirements for seed and the quality requirements for other material.

Amendment  310

Proposal for a regulation

Annex VI – point H – table - row 2

	Text proposed by the Commission
	Fodder plants	10
	Amendment
	deleted	deleted

Amendment  311

Proposal for a regulation

Annex VII – paragraph 1 – point g

Text proposed by the Commission	Amendment
(g) in the case of varieties with officially recognised description and, if appropriate, an indication of the region(s), where the variety has historically been grown and to which it is naturally adapted (‘region(s) of origin’);	(g) in the case of conservation, an officially recognised description and, if appropriate, an indication of the region(s), where the variety has traditionally been grown and, in the case of newly-bred conservation varieties, to which local growing conditions it is adapted;

Amendment  312

Proposal for a regulation

Annex VII – paragraph 1 – point t

Text proposed by the Commission	Amendment
(t) where applicable, indication that the variety has certain characteristics, other than the one referred to in point (s), and indication of the applicable cultivation conditions.	(t) where applicable, indication that the variety has certain characteristics that may lead to undesirable agronomic effects and indication of the applicable cultivation conditions;

Amendment  313

Proposal for a regulation

Annex VII – paragraph 1 – point t a (new)

Text proposed by the Commission	Amendment
	(ta) where applicable, the respective intellectual property rights covering the variety, its components, characteristics and development process, including, where applicable and appropriate, the number of any relevant granted or pending patent(s) which the competent authority needs to provide and update;

Amendment  314

Proposal for a regulation

Annex VII – paragraph 1 – point t b (new)

Text proposed by the Commission	Amendment
	(tb) where applicable, a description of which breeding techniques have been applied for the development of the variety.

Amendment  315

 

Proposal for a regulation

Annex VII a (new)

Text proposed by the Commission
Amendment
Annex VIIa
MAXIMUM QUANTITIES FOR DYNAMIC CONSERVATION
The quantity applies per natural or legal person, year and variety/accession/ecotype/plant genetic resource.
Species	Maximum net mass (kg)
Fodder plants	20
Beet	20
Cereals	200
Oil and fibre plants	20
Potato	1000
Vegetable:
Legumes	75
Onions, chervil, asparagus, spinach beet or chard, red beet or beetroot, turnips, water melon, gourd, marrows, carrots, radishes, scorzonera or black salsify, spinach, corn-salad or lamb's lettuce	1
All other vegetable seed	0,5
Vegetatively propagated vegetables	500 plants
Fruit and vine propagating material	150 stocks

 

 

 

EXPLANATORY STATEMENT

Plant reproductive materials (PRM) were so far covered under ten different directives dealing with the different species and varieties as well as addressing different aspects including development, production and marketing.

With this proposal, the Commission seeks to cover the various PRM, such as seeds, cuttings, trees, roots, and tubers, under a single regulation, thus creating a uniform standard among the different PRMs within the European Union.

The Rapporteur agrees broadly with the proposal of the Commission and welcomes the separation of plant and forestry reproductive material, which are now treated in two different regulations.

The Rapporteur appreciates the structure of the regulation with a focus on the marketing and quality of PRM, which is guaranteed by high production standards and controls by the competent authority. Important derogations concerning the non-commercial exchange of seeds as well as the derogation for conservative varieties focused on biodiversity are crucial and have the full support of the Rapporteur. Nonetheless, derogations must respect fundamental elements of the PRM regulation regarding phytosanitary risks, property rights and limited small quantities.

The Rapporteur suggests minor technical adjustments, like broadening the scope of the regulation to include requirements concerning the production of PRM, to be applied not only to marketing but also to imports into the European Union. The Rapporteur underlines the importance of excluding propagating material of genera or species from the list in Annex I exclusively used for ornamental purpose from this regulation. Furthermore, the Rapporteur suggests specifying the definition of clones by including fruit plants’ descriptions and excluding open pollinated out-crossing species from the definition of heterogeneous material.

In order to reduce spoilage and to improve legal certainty, the Rapporteur suggests allowing the merger of different lots of PMR into a single one regardless of the harvest year, under the condition that the lots belong to the same variety.

Furthermore, the Rapporteur suggests extending the period for regular audits under Article 12 from at least once every 12 months to at least once every 18 months to give competent authorities more flexibility to schedule the audits following the real production cycle. The Rapporteur suggests providing more flexibility regarding the costs of certification activities as one of the two conditions to be fulfilled to add a genus or a species to Annex IV. Furthermore, the Rapporteur specifies that the production and marketing of fodder plants cannot be classified as “heterogeneous material” and thus shall not be included within Article 27. Moreover, the Rapporteur supports the derogation to Article 39 for the import of PRM, which is not produced for market purposes. The Rapporteur requests the exemption of turf grasses from VSCU testing as it is not used for the production of food or renewable raw materials. The Rapporteur is of the opinion that this regulation is providing detailed marketing standards with a direct implication on the production of PRM and questions the necessity of the adoption of a further delegated act on minimum cultivation conditions under Article 47.

The Rapporteur is confident that with the approach taken in the Commission proposal and with the amendments proposed in the report, the goal of enacting a single regulation on PRM that is balanced and has a positive impact in all sectors previously regulated by different directives can be achieved.

ANNEX: List of entities or persons from whom the rapporteur has received input

 

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:

 

Entity and/or person

IFOAM Organics Europe

Bayerische Pflanzenzucht- und Saatbauverbände

COCERAL

KWS SAAT SE & Co. KGaA

Euroseeds

CropLife Europe

ARCHE NOAH, Gesellschaft für die Erhaltung der Kulturpflanzenvielfalt und ihre Entwicklung

Copa & Cogeca

Rete Semi Rurali

Europatat

 

The list above is drawn up under the exclusive responsibility of the rapporteur.

 

OPINION OF THE COMMITTEE ON THE ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY (12.3.2024)

for the Committee on Agriculture and Rural Development

on the proposal for a regulation of the European Parliament and of the Council on the production and marketing of plant reproductive material in the Union, amending Regulations (EU) 2016/2031, 2017/625 and 2018/848 of the European Parliament and of the Council, and repealing Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 2002/53/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC and 2008/90/EC (Regulation on plant reproductive material)

(COM(2023)0414 – C9‑0236/2023 – 2023/0227(COD))

Rapporteur for opinion: Christophe Clergeau

 

PA_Legam

SHORT JUSTIFICATION

The sustainability and resilience of agriculture and of the entire food chain are largely based on the diversity and quality of seeds and other plant reproductive material (PRM). The main aim of this legislative proposal is to draw up a single regulation with a coherent framework encompassing the provisions hitherto included in 10 separate Directives.

In order to ensure the quality of PRM and consumer confidence, the rules on PRM production and marketing must be based on categorisation and protocols drawn up and monitored by the relevant authorities. Over and above those basic principles, a number of delegated and implementing acts will be drawn up to clarify and adapt the implementation arrangements to the broad diversity of PRM. In line with the principle of proportionality and farmers’ right to use their own seeds and other PRM, farmers must not be required to follow the principles set out in this proposal that apply solely to the production of PRM to be placed on the market as PRM rather than for other purposes, such as food. Your rapporteur also believes that farmers should have a derogation for seed and PRM exchanges, including when they receive payment for costs incurred.

Derogations should also be included to facilitate the conservation of certain PRM, recognise the specific characteristics of heterogeneous PRM, adapt the restrictions for sales to non-professional buyers, and recognise the special nature of gene banks and other conservation organisations. Your rapporteur believes, in particular, that heterogeneous material provides crucial pools of genetic diversity for climate change mitigation and that this therefore justifies opening up this category to all species so that they might be included. However, it is necessary, more generally, to exclude from the various derogations PRM consisting of genetically modified organisms or NGT plants.

In order to be registered as a variety, the distinctness, uniformity and stability of the PRM must be verified. In its proposal, the Commission proposes including a complementary technical test of the value for sustainable cultivation and use (VSCU), which should confirm that a variety offers a ‘clear improvement’ compared to other varieties that are already registered. Your rapporteur believes that the value of a variety depends, first and foremost, on the conditions in which it develops and has been bred: a variety cannot be considered to be sustainable in itself as everything depends on the agricultural production system using it. That is why VSCU should be tested in different production methods, notably where synthetic pesticides are not used, as in organic farming. Moreover, VSCU testing should not result in varieties being excluded if that reduces crop biodiversity. VSCU testing should also be optional for fruits and vegetables because of the costs involved for small and medium-sized seed producers.

Finally, your rapporteur believes that the legislative proposal on PRM requires an amendment of Directive 98/44/EC on the legal protection of biotechnological inventions in order to maintain free access to genetic resources. To avoid destabilising the system of plant variety rights, which ensures fair remuneration for breeders without curbing access to innovation, PRM obtained from new genomic techniques (NGT) should not be patentable. Patents should only be extended to include the organic material derived therefrom. Finally, the scope of compulsory licensing should be widened in the case of a proven environmental or economic benefit.

AMENDMENTS

The Committee on the Environment, Public Health and Food Safety calls on the Committee on Agriculture and Rural Development, as the committee responsible, to take into account the following amendments:

Amendment  1

Proposal for a regulation

Recital 5

Text proposed by the Commission	Amendment
(5) In order to achieve this transition to sustainable food systems, the Union legislation should therefore take account of the need to ensure the adaptability of the PRM production to the changing agricultural, horticultural and environmental conditions, to face the challenges of climate change, to protect and restore biodiversity and to meet increasing farmers’ and consumers’ expectations related to quality and sustainability of PRM.	(5) In order to achieve this transition to sustainable food systems, the Union legislation should therefore take account of the need to ensure the adaptability and diversity of PRM to the changing agricultural, horticultural and environmental conditions, to face the challenges of climate change, to protect and restore biodiversity and to meet increasing farmers’ and consumers’ expectations related to quality, resilience and sustainability of PRM.

Amendment  2

Proposal for a regulation

Recital 36 a (new)

Text proposed by the Commission	Amendment
	(36 a) The Regulation should strive for the 'One Health Approach’ as an integrated, unifying approach that aims to sustainably balance and optimise the health of people, animals, plants and ecosystems. It recognises that the health of humans, domestic and wild animals, plants, and the wider environment including ecosystems are closely interlinked and inter-dependent;

Amendment  3

Proposal for a regulation

Recital 38 a (new)

Text proposed by the Commission	Amendment
	(38 a) Heterogeneous material should not consist of a GMO or a category 1 or category 2 NGT plant as defined in Regulation (EU).../...

Amendment  4

Proposal for a regulation

Recital 49

Text proposed by the Commission	Amendment
(49) In order to contribute to the sustainability of agricultural production and serve economic, environmental and broader societal needs, new varieties of all genera or species should show an improvement compared to the other varieties of the same genera or species registered in the same national variety register, concerning certain aspects. Among those aspects are their yield, including yield stability and yield under low input conditions; tolerance/resistance to biotic stresses, including plant diseases caused by nematodes, fungi, bacteria, viruses, insects and other pests; tolerance/resistance to abiotic stresses, including adaptation to climate change conditions; more efficient use of natural resources, such as water and nutrients; reduced need for external inputs, such as plant protection products and fertilisers; characteristics that enhance the sustainability of storage, processing and distribution; and quality or nutritional characteristics (‘value for sustainable cultivation and use’). For the purpose of deciding on the variety registration and in order to provide sufficient flexibility to register varieties with the most desirable characteristics, those aspects should be considered for a given variety as a whole.	(49) In order to contribute to the sustainability of agricultural production and food systems while recognising that sustainability cannot be reduced to a single trait or variety but can only apply to a cultivated system as a whole, and in order to serve economic, environmental and broader societal needs, new varieties of all genera or species should show an improvement compared to the other varieties of the same genera or species registered in the same national variety register, concerning certain aspects. Among those aspects are their yield, including yield stability and yield under low input conditions; tolerance/resistance to biotic stresses, including plant diseases caused by nematodes, fungi, bacteria, viruses, insects and other pests; tolerance/resistance to abiotic stresses, including adaptation to climate change conditions; more efficient use of natural resources, such as water and nutrients; reduced need for external inputs, such as plant protection products and fertilisers; characteristics that enhance the sustainability of storage, processing and distribution; and quality or nutritional characteristics (‘value for sustainable cultivation and use’). For the purpose of deciding on the variety registration and in order to provide sufficient flexibility to register varieties with the most desirable characteristics, those aspects should be considered for a given variety as a whole.

Amendment  5

Proposal for a regulation

Recital 64

Text proposed by the Commission	Amendment
(64) Regulation (EU) 2018/848 should be amended to align the definitions of ‘plant reproductive material’ and ‘heterogeneous material’ with the definitions provided for by this Regulation. Moreover, the empowerment for the Commission to adopt specific provisions for the marketing of PRM of organic heterogeneous material should be excluded from Regulation (EU) 2018/848, as all rules concerning the production and marketing of PRM should be set out in this Regulation for reasons of legal clarity.	deleted

Amendment  6

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission	Amendment
This Regulation lays down rules for the production and marketing in the Union of plant reproductive material (‘PRM’), and in particular requirements for the production of PRM in the field and other sites, categories of material, identy and quality requirements, certification, labelling, packaging, imports, professional operators and the registration of varieties.	This Regulation lays down rules for the production of plant reproductive material (‘PRM’) with a view to its marketing as PRM in the Union, and in particular requirements for the production of PRM in the field and other sites, categories of material, identity and quality requirements, certification, labelling, packaging, imports, professional operators and the registration of varieties.

Amendment  7

Proposal for a regulation

Article 2 – paragraph 1 – subparagraph 3

Text proposed by the Commission	Amendment
The requirements concerning production of PRM shall apply only to production with a view to its marketing.	The requirements concerning production of PRM shall apply only to production with a view to its marketing as PRM in the EU.

Amendment  8

Proposal for a regulation

Article 2 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) to ensure quality and diversity of choice for PRM, and its availability for professional operators and final users;	(a) to ensure quality and diversity of choice for PRM, and its availability for professional operators, farmers and final users;

Amendment  9

Proposal for a regulation

Article 2 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) to ensure a equal conditions for the competition of the professional operators across the Union and the functioning of the internal market in PRM;	(b) to ensure appropriate conditions for the competition of the professional operators across the Union and the functioning of the internal market in PRM;

Amendment  10

Proposal for a regulation

Article 2 – paragraph 2 – point d

Text proposed by the Commission	Amendment
(d) to contribute to conservation and sustainable use of plant genetic resources and agro-biodiversity;	(d) to contribute to the dynamic conservation and sustainable use of plant genetic resources and agro-biodiversity;

Amendment  11

Proposal for a regulation

Article 2 – paragraph 2 – point e

Text proposed by the Commission	Amendment
(e) to contribute to sustainable agricultural production, adapted to current and future projected climatic conditions;	(e) to contribute to sustainable and productive food systems, adapted to diverse climatic and soil conditions, for current and future projected climatic conditions;

Amendment  12

Proposal for a regulation

Article 2 – paragraph 2 – point f

Text proposed by the Commission	Amendment
(f) to contribute to food security	(f) to contribute to food security and food sovereignty.

Amendment  13

Proposal for a regulation

Article 2 – paragraph 4 – point e

Text proposed by the Commission	Amendment
(e) PRM used solely for official testing, breeding, inspections, exhibitions or scientific purposes.	(e) PRM sold or transferred in any other way, whether free of charge or not, for official testing, breeding, inspections, exhibitions or scientific purposes, including for on-farm research and for activities carried out in the framework of the dynamic conservation of genetic resources;

Amendment  14

Proposal for a regulation

Article 2 – paragraph 4 – point e a (new)

Text proposed by the Commission	Amendment
	(e a) PRM produced by farmers for their own use;

Amendment  15

Proposal for a regulation

Article 3 – paragraph 1 – point 29 – point a

Text proposed by the Commission	Amendment
(a) traditionally grown or locally newly bred under specific local conditions in the Union, and adapted to those conditions; and	(a) traditionally grown or locally newly bred or developed under specific local conditions, and adapted to those conditions or the utilisation in a marginal environment or production system; and

Amendment  16

Proposal for a regulation

Article 3 – paragraph 1 – point 29 – point a a (new)

Text proposed by the Commission	Amendment
	(aa) not an F1 hybrid; and

Amendment  17

Proposal for a regulation

Article 3 – paragraph 1 – point 29 – point b

Text proposed by the Commission	Amendment
(b) characterised by a high level of genetic and phenotypical diversity between individual reproductive units;	(b) in the case of seeds, can be characterised by a certain level of genetic and phenotypical diversity between individual reproductive units

Amendment  18

Proposal for a regulation

Article 3 – paragraph 1 – point 35 a (new)

Text proposed by the Commission	Amendment
	(35 a) Plant breeding means activities and practices involved in developing new plant varieties and their selection prior to application for registration;

Amendment  19

Proposal for a regulation

Article 3 – paragraph 1 – point 35 b (new)

Text proposed by the Commission	Amendment
	(35 b) ‘dynamic conservation of plant genetic resources’ means activities carried out by gene banks, community seed banks and other organisations and networks, as well as their members and individual seed savers, implying transfers of PRM in both formal and informal ways, whether or not for consideration and seeking to contribute to the long-term conservation and enrichment of plant genetic diversity.

Amendment  20

Proposal for a regulation

Article 5 – paragraph 1 – point e

Text proposed by the Commission	Amendment
(e) as seed exchanged in kind between farmers in accordance with Article 30;	(e) as PRM exchanged between farmers in accordance with Article 30;

Amendment  21

Proposal for a regulation

Article 6 – paragraph 2 – point d

Text proposed by the Commission	Amendment
(d) as seed exchanged in kind between farmers in accordance with Article 30;	(d) as PRM exchanged between farmers in accordance with Article 30;

Amendment  22

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 1 – point c a (new)

Text proposed by the Commission	Amendment
	(c a) it is not covered by an intellectual property right limiting its use for conservation purposes.

Amendment  23

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 1 – point c b (new)

Text proposed by the Commission	Amendment
	(cb) it does not consist of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 1 or 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...).

Amendment  24

Proposal for a regulation

Article 26 – paragraph 1

Text proposed by the Commission	Amendment
1. By way of derogation from Article 20, PRM belonging to a conservation variety registered in a national variety register referred to in Article 44(1), point (b), may be produced and marketed in the Union as standard seed or material, if it complies with all the requirements concerning standard seed and material for the respective species, as referred to in Article 8.	1. By way of derogation from Article 20, PRM of all genera or species listed in Annex I belonging to a conservation variety registered in a national variety register referred to in Article 44(1), point (b), may be produced and marketed in the Union as standard seed or material, if it complies with all the requirements concerning standard seed and material for the respective species, as referred to in Article 8.

Amendment  25

Proposal for a regulation

Article 26 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. A variety of conservation, its parts and/or its genetic components may not be covered by an intellectual property right limiting its use for conservation, research, breeding and/or training, including on-farm participatory research and breeding.

Amendment  26

Proposal for a regulation

Article 27 – paragraph 3 – subparagraph 2

Text proposed by the Commission	Amendment
Those amendments shall be adopted in order to adapt to the development of the respective technical and scientific evidence, and the international standards, and to follow up on the experience gained by the application of this Article concerning all or certain genera or species only.	Those amendments shall be developed in consultation with respective multi actor stakeholders involved in heterogeneous material in order to adapt to the development of the respective technical and scientific evidence, and the international standards, and to follow up on the experience gained by the application of this Article concerning all species.

Amendment  27

Proposal for a regulation

Article 27 – paragraph 4

Text proposed by the Commission	Amendment
4. Any professional operator producing and/or intending to market PRM of heterogeneous material shall submit a notification to the competent authority prior to marketing. If no further information is requested by the national competent authority within a time determined by the competent authority, the PRM of heterogeneous material may be marketed.	4. Any professional operator producing and/or intending to market PRM of heterogeneous material shall submit a notification to the competent authority prior to marketing. If no further information is requested by the national competent authority within three months, the PRM of heterogeneous material may be marketed.

Amendment  28

Proposal for a regulation

Article 27 – paragraph 7 – subparagraph 1

Text proposed by the Commission	Amendment
Heterogeneous material as notified pursuant to paragraph 1, shall be registered by the competent authorities in a dedicated register (‘heterogeneous material register’).	Heterogeneous material as notified pursuant to paragraph 1, shall be registered by the competent authorities in a dedicated register (‘heterogeneous material register’). Registration shall be free of charge.

Amendment  29

Proposal for a regulation

Article 29 – title

Text proposed by the Commission	Amendment
PRM marketed to and between gene banks, organisations and networks	PRM marketed by, to, within and between organisations and networks dedicated to the dynamic conservation and sustainable use of plant genetic resources

Amendment  30

Proposal for a regulation

Article 29 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
By way of derogation from Articles 5 to 25, PRM may be marketed to, or between, gene banks, organisations and networks with a statutory objective, or an objective official notified to the competent authority, to conserve plant genetic resources, whereby any of the activities are carried out for non-profit purposes.	By way of derogation from Articles 5 to 25, PRM may be marketed by, to, within, or between organisations and networks, including farmers, dedicated to the dynamic conservation and sustainable use of plant genetic resources whereby any of the activities are carried out for non-profit purposes.

Amendment  31

Proposal for a regulation

Article 29 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
It can be marketed as well from those gene banks, organisations and networks to persons who carry out conservation of that PRM as final consumers, for non-profit purposes.	It can be marketed as well from those conservation organisations and networks or their members to persons who carry out dynamic conservation of that PRM as final consumers, or for professional farming purposes.

Amendment  32

Proposal for a regulation

Article 29 – paragraph 1 – subparagraph 3 – introductory part

Text proposed by the Commission	Amendment
In the cases provided for in the first and the second subparagraphs, PRM shall fulfil the following requirements:	In the cases provided for in the first and the second subparagraphs, conservation organisations and networks shall not fulfil the obligations under Article 41 to 43, and PRM shall be listed in a register kept by those conservation organisations and networks with a basic description of that PRM.

Amendment  33

Proposal for a regulation

Article 29 – paragraph 1 – subparagraph 3 – point a

Text proposed by the Commission	Amendment
(a) be listed in a register kept by those gene banks, organisations and networks with an appropriate description of that PRM;	deleted

Amendment  34

Proposal for a regulation

Article 29 – paragraph 1 – subparagraph 3 – point b

Text proposed by the Commission	Amendment
(b) be conserved by those gene banks, organisations and networks, and samples of that PRM be made available by them to the competent authorities upon request; and	deleted

Amendment  35

Proposal for a regulation

Article 29 – paragraph 1 – subparagraph 3 – point c

Text proposed by the Commission	Amendment
(c) be practically free from quality pests and any defects likely to impair its quality as a reproductive material, and have satisfactory vigour and dimensions in respect of its usefulness as PRM, and, in the case of seeds, have satisfactory germination capacity.	deleted

Amendment  36

Proposal for a regulation

Article 29 – paragraph 2

Text proposed by the Commission	Amendment
2. The gene banks, organisations and networks shall notify the competent authority of the use of the derogation referred to in paragraph 1 and the species concerned.	deleted

Amendment  37

Proposal for a regulation

Article 30 – title

Text proposed by the Commission	Amendment
Seed exchanged in kind between farmers	PRM exchanged between farmers

Amendment  38

Proposal for a regulation

Article 30 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. By way of derogation from Articles 5 - 25, farmers may exchange seeds in kind, if such seeds fulfill all of the following conditions:	1. By way of derogation from Articles 5 - 25, farmers may exchange PRM in kind or for monetary compensation covering direct costs incurred, if such PRM fulfils all of the following conditions:

Amendment  39

Proposal for a regulation

Article 30 – paragraph 1 – point 3

Text proposed by the Commission	Amendment
(3) are not subject to a service contract conducted by the respective farmer with a professional operator performing seed production; and	(3) are not subject to a service contract for multiplication conducted by the respective farmer with a professional operator performing PRM production; and

Amendment  40

Proposal for a regulation

Article 30 – paragraph 1 – point 4

Text proposed by the Commission	Amendment
(4) the seed is used for dynamic management of farmer’s own seed for the purpose of contributing to agro-diversity.	(4) the PRM is used for dynamic management of farmer’s own PRM for the purpose of contributing to agro-diversity.

Amendment  41

Proposal for a regulation

Article 30 – paragraph 2 – introductory part

Text proposed by the Commission	Amendment
2. Such seeds shall fulfil all of the following requirements:	2. Such PRM shall fulfil all of the following requirements:

Amendment  42

Proposal for a regulation

Article 30 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) not to belong to a to variety for which plant variety rights have been granted in accordance with Regulation (EU) 2100/94;	(a) not to belong to a to variety for which plant variety rights have been granted in accordance with Regulation (EU) 2100/94 and where the right is still in force;

Amendment  43

Proposal for a regulation

Article 30 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) to be limited to small quantities, defined by the competent authorities for specific species per year and per farmer, without using commercial intermediaries or public offer of marketing; and	(b) to be limited to small quantities defined by the competent authorities sufficient to meet the own needs of a farmer for specific species per year, without using commercial intermediaries or public offer of marketing; and

Amendment  44

Proposal for a regulation

Article 30 – paragraph 2 – point c

Text proposed by the Commission	Amendment
(c) to be practically free from quality pests and any defects likely to impact their quality as seeds, and shall have satisfactory germination capacity.	(c) to be practically free from quality pests and any defects likely to impact their quality as PRM.

Amendment  45

Proposal for a regulation

Article 30 – paragraph 3

Text proposed by the Commission	Amendment
3. Member States shall annually notify to the Commission and the other Member States the amounts per species defined in accordance with paragraph 2, point (b).	deleted

Amendment  46

Proposal for a regulation

Article 32 – paragraph 1 – subparagraph 2 a (new)

Text proposed by the Commission	Amendment
	This derogation shall not apply to PRM consisting of a genetically modified organism within the meaning of Directive 2001/18/EC or PRM consisting of an NGT plant within the meaning of Regulation (EU).../...

Amendment  47

Proposal for a regulation

Article 33 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4a. This exceptional authorisation shall not apply to PRM consisting of a genetically modified organism within the meaning of Directive 2001/18/EC or PRM consisting of an NGT plant within the meaning of Regulation (EU).../...

Amendment  48

Proposal for a regulation

Article 35 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) the requirements set out in paragraphs 2 to 5 are fulfilled.	(c) the requirements set out in paragraphs 2 to 5a are fulfilled.

Amendment  49

Proposal for a regulation

Article 35 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5 a. This derogation shall not apply to PRM consisting of a genetically modified organism within the meaning of Directive 2001/18/EC or PRM consisting of an NGT plant within the meaning of Regulation (EU).../...

Amendment  50

Proposal for a regulation

Article 37 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
Where the production or marketing of PRM is likely to constitute a serious risk to human, animal or plant health, environment or cultivation of other species, and such risk cannot be contained satisfactorily by means of measures taken by the Member State concerned, the Commission shall take, without delay, by means of implementing acts, any appropriate interim emergency measures. Such measures shall be limited in time. They may include provisions restricting or prohibiting the marketing of the PRM concerned or laying down appropriate conditions for its production or marketing, depending on the gravity of the situation.	Where there are reasonable grounds to suspect that the production or marketing of PRM could constitute a serious risk to human, animal or plant health, environment or cultivation of other species, and such risk cannot be contained satisfactorily by means of measures taken by the Member State concerned, the Commission shall take, without delay, by means of implementing acts, any appropriate interim emergency measures. Such measures shall be limited in time. They may include provisions restricting or prohibiting the marketing of the PRM concerned or laying down appropriate conditions for its production or marketing, depending on the gravity of the situation.

Amendment  51

Proposal for a regulation

Article 37 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission	Amendment
	By means of derogation from the first subparagraph, in case of lack of compliance with refuge requirements or with other requirements imposed on cultivation of varieties containing or consisting of genetically modified organisms , the measures restricting or prohibiting the marketing of the PRM concerned shall be put in place until full compliance is restored.

Amendment  52

Proposal for a regulation

Article 41 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	The activities referred to in Articles 28, 29 and 30 shall not be subject to the provisions of this article.

Amendment  53

Proposal for a regulation

Article 42 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. The activities referred to in Articles 28, 29 and 30 shall not be subject to the provisions of this article.

Amendment  54

Proposal for a regulation

Article 47 – paragraph 1 – subparagraph 1 – point c a (new)

Text proposed by the Commission	Amendment
	(ca) where the varieties are tolerant to herbicides, they are subject to cultivation and monitoring conditions for the production of PRM and for any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities responsible for registration, to avoid the development of herbicide resistance in weeds due to their use;

Justification

The ENVI committee doesn't have any competence over the point f) despite the fact that it is about GMO crops. the text is copied and ´´the monitoring conditions´´, as also normally imposed on cultivated GMO crop to respective properties of which pests can develop resistance, is added, as it is also considered relevant.

Amendment  55

Proposal for a regulation

Article 47 – paragraph 1 – subparagraph 1 – point c b (new)

Text proposed by the Commission	Amendment
	(cb) where the varieties have particular characteristics other than the ones referred to in point (ca) that may lead to undesirable agronomic effects, they are subject to cultivation and monitoring conditions for the production of PRM and any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities responsible for their registration, to avoid those particular undesirable agronomic effects, such as the development of resistance of pests to the respective varieties or undesirable effects on pollinators or on wild growing plants of the same genus as the respective variety.

Justification

The ENVI committee doesn't have any competence over the point g) despite the fact that it is about GMO crops. the text is copied and ´´the monitoring conditions´´, as also normally imposed on cultivated GMO crop to respective properties of which pests can develop resistance, is added, as it is also considered relevant. also ´´wild growing plants´´ is added, as e.g. the cultivated maize MON810 in the EU has a wild relative present, teosinte, and also their co-occurrence is being monitored.

Amendment  56

Proposal for a regulation

Article 52 – title

Text proposed by the Commission	Amendment
Value for sustainable cultivation and use	Value for sustainable and productive cultivation and use

Amendment  57

Proposal for a regulation

Article 52 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
For the purposes of Article 47(1), point (c), the value of a variety for sustainable cultivation and use of a variety shall be considered as satisfactory if, compared to other varieties of the same species registered in the national variety register of the respective Member State, its characteristics, taken as a whole, offer a clear improvement for the sustainable cultivation and the uses which can be made of the crops, other plants or the products derived therefrom.	For the purposes of Article 47(1), point (c), the value of a variety for sustainable and productive cultivation and use of a variety shall be considered as satisfactory if, compared to other varieties of the same species registered in the national variety register of the respective Member State, its characteristics, taken as a whole, are superior and offer a clear improvement, in at least one of the existing agricultural production systems, for the sustainable and productive cultivation and the uses which can be made of the crops, other plants or the products derived therefrom.

Amendment  58

Proposal for a regulation

Article 52 – paragraph 1 – subparagraph 2 – introductory part

Text proposed by the Commission	Amendment
The characteristics referred to in the first subparagraph are the following, as appropriate for the species, regions, agro-ecological conditions and uses concerned:	The characteristics referred to in the first subparagraph shall be tested in different agricultural production systems, inter alia conventional, organic, agro-ecological, regenerative, conservation, integrated management using minimal fertilisers and irrigation. The characteristics may encompass the following as appropriate for the species, regions, agro-ecological conditions and uses concerned:

Amendment  59

Proposal for a regulation

Article 52 – paragraph 1 – subparagraph 2 – point f

Text proposed by the Commission	Amendment
(f) characteristics that enhance the sustainability of storage, processing and distribution;	(f) characteristics that strengthen sustainability and productivity across the whole agrifood value chain, including harvest, storage, distribution and processing or other relevant characteristics;

Amendment  60

Proposal for a regulation

Article 52 – paragraph 1 – subparagraph 2 – point g a (new)

Text proposed by the Commission	Amendment
	(g a) preservation of traditional and cultural heritage.

Amendment  61

Proposal for a regulation

Article 52 – paragraph 1 – subparagraph 2 – point g b (new)

Text proposed by the Commission	Amendment
	(g b) would strengthen the economic, ecological and social sustainability of a regional area, impacting positively on the conservation and preservation of the traditional landscape;

Amendment  62

Proposal for a regulation

Article 52 – paragraph 1 – subparagraph 2 – point g c (new)

Text proposed by the Commission	Amendment
	(g c) enhancement of the sustainability of the agricultural production systems in an ecosystem-based approach that takes into account all interactions with the environment concerned.

Amendment  63

Proposal for a regulation

Article 52 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. The examination of the value for sustainable and productive cultivation and use shall remain voluntary for species listed in Parts B and C of Annex I.

Amendment  64

Proposal for a regulation

Article 52 – paragraph 2 b (new)

Text proposed by the Commission	Amendment
	2 b. The examination of the value for sustainable and productive cultivation and use must not lead to the exclusion of varieties that would reduce the diversity of the species cultivated.

Amendment  65

Proposal for a regulation

Article 52 – paragraph 4 – subparagraph 1

Text proposed by the Commission	Amendment
For the purposes of registration of organic varieties suitable for organic production as defined in Article 3(19) of Regulation (EU) 2018/848, the examination of the value for sustainable cultivation and use shall be conducted under organic conditions, in accordance with that Regulation, and in particular Article 5, points (d), (e), (f) and (g), and Article 12 thereof and Part I of Annex II to that Regulation.	In order to obtain information about the resilience of the PRM, the examination of the value for sustainable and productive cultivation and use may also be conducted under low-input conditions and with only the absolutely necessary for the completion of the testing treatments with pesticides and other external inputs, or under organic conditions in accordance with Regulation (EU) 2018/848, and in particular Article 5, points (d), (e), (f) and (g), and Article 12 and Part I of Annex II.

Amendment  66

Proposal for a regulation

Article 52 – paragraph 4 – subparagraph 2

Text proposed by the Commission	Amendment
Where competent authorities are not able to carry out an examination under organic conditions, or the examination of certain characteristics, including disease susceptibility, testing may be carried out under low-input conditions and with only the absolutely necessary for the completion of the testing treatments with pesticides and other external inputs.	Where competent authorities are not able to carry out an examination under organic conditions, or the examination of certain characteristics, including disease susceptibility, testing may be carried out by professional operators involved in organic farming or by organic farmers under in-conversion or low-input conditions and with only the absolutely necessary treatments with pesticides and other external inputs for the completion of the examination. Where applicable, Member States must report annually to the Commission on the reasons implying those treatments as well as on the commitments taken to enable this transition in the future.

Amendment  67

Proposal for a regulation

Article 52 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4 a. Competent authorities shall consider to include testing of conventional seed under low input conditions, organic in-conversion, or organic conditions.

Amendment  68

Proposal for a regulation

Article 53 – paragraph 2 – subparagraph 2

Text proposed by the Commission	Amendment
The competent authority shall accept or reject the registration of a conservation variety, after checking its compliance with paragraph 1.	The competent authority shall accept or reject the registration of a conservation variety, after checking its compliance with paragraph 1. It shall inform the applicant of its decision, stating, where applicable, the grounds for refusal.

Amendment  69

Proposal for a regulation

Article 54 – paragraph 1 – point c – paragraph 1 – point i

Text proposed by the Commission	Amendment
(i) 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	(i) 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, in a commercial catalogue of a professional operator, or in documentation that is publicly available or has been submitted to the competent authority by a natural or legal person involved in the dynamic conservation or sustainable use of plant genetic resources and crop biodiversity; or

Amendment  70

Proposal for a regulation

Article 56 – paragraph 1 – point j

Text proposed by the Commission	Amendment
(j) where the variety contains or consists of a genetically modified organism, evidence that the genetically modified organism in question is authorised for cultivation in the Union, in accordance with Directive 2001/18/EC or Regulation (EC) No 1829/2003, or, where applicable, in the respective Member State in accordance with Article 26b of Directive 2001/18/EC;;	(j) where the variety contains or consists of a genetically modified organism, evidence that the genetically modified organism in question is authorised for cultivation in the Union, in accordance with Directive 2001/18/EC or Regulation (EC) No 1829/2003, or, where applicable, in the respective Member State in accordance with Article 26b of Directive 2001/18/EC, and the evidence of compliance with the cultivation and monitoring requirements in the given growing season;

Amendment  71

Proposal for a regulation

Article 56 – paragraph 1 – point l a (new)

Text proposed by the Commission	Amendment
	(la) the existence of intellectual property rights other than granted plant variety right on the variety as a whole or its components;

Amendment  72

Proposal for a regulation

Article 61 – paragraph 1 – point c a (new)

Text proposed by the Commission	Amendment
	(ca) the examination does not replace the risk assessment required to apply for marketing authorisation under Directive 2001/18/EC on genetically modified organisms or under Regulation (EU) .../... on plants obtained by certain new genomic techniques.

Amendment  73

Proposal for a regulation

Article 69 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
However, that period of registration shall be 30 years for varieties of species of fruit plants and vine propagating material, as listed respectively in Parts C and D of Annex I.	However, that period of registration shall be 30 years for conservation varieties and varieties of species of fruit plants and vine propagating material, as listed respectively in Parts C and D of Annex I.

Amendment  74

Proposal for a regulation

Article 77 a (new)

Text proposed by the Commission	Amendment
	Article 77a
	Commission report
	No later than the entry into force of this Regulation, the Commission shall submit a report to the European Parliament and to the European Council assessing the adequacy of the provisions introduced by this Regulation and the resources available to the competent authorities to implement them. In its assessment, the Commission shall pay particular attention to the VSCU technical test as the derogation provided for in Article 61 of this Regulation should be used with great care in order to ensure the credibility of VSCU testing. Where appropriate, the Commission shall put forward proposals, including budgetary proposals, to balance the needs and resources of the competent authorities.

Amendment  75

Proposal for a regulation

Article 80 – paragraph 1 – point 1

Regulation (EU) 2017/625

Article 1, para 2, points (ka) and (kb) (new)

Text proposed by the Commission	Amendment
(k) production and marketing of plant reproductive material.;	(k) production and marketing of plant reproductive material.;
	‘(ka) the cultivation of varieties tolerant to herbicides;
	(kb) cultivation of varieties with particular characteristics that may lead to undesirable agronomic effects’.
	(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

(Regulation (EU) 2017/625)

Justification

The gives competent authorities the competence to control implementation of  cultivation conditions prescribed for herbicide tolerant varieties and other varieties with particular characteristics that may lead to undesirable agronomic effects, as per Article 47. If authorities have no competence to control the cultivation of such varieties, the entire benefit and efficiency of this measure on herbicide tolerant varieties and of varieties with particular characteristics that may lead to undesirable agronomic effects, should these be defined at a later date, would be lost.

Amendment  76

Proposal for a regulation

Article 81

Regulation (EU) 2018/848

Article 3, 13 and Annex II

Text proposed by the Commission	Amendment
Article 81	deleted
Amendment of Regulation (EU) 2018/848
Regulation (EU) 2018/848 is amended as follows:
(1) Article 3 is amended as follows:
(a) point (17) is replaced by the following:
‘(17)
‘plant reproductive material’ means plant reproductive material as defined in Article 3(1) of Regulation (EU) …/… of the European Parlament and Council(*)+;’;
____________
(*) Regulation (EU) …/… of the European Parliament and of the Council …. (OJ …, p…). [footnote that will be in that regulation goes here]
[+ OJ: Please insert in the text the number of this Regulation and insert the number, date, title and OJ reference of this Regulation in the footnote.]
‘(18)
‘organic heterogeneous material’ means heterogeneous material as defined in Article 3(27) of Regulation (EU) …/…(*)++ , produced in accordance with this Regulation;’
____________
(*) Regulation (EU) …/… of the European Parliament and of the Council …. (OJ …, p…). [footnote that will be in that regulation goes here]
[++ OJ: Please insert in the text the number of this Regulation.]
(3) The second paragaph of Point 1.8.4. of Part I of Annex II to Regulation (EU) 2018/848 is replaced by the following: “ All multiplication practices, except plant tissue cultures, cell cultures, germplasm, meristems, chimaeric clones, micro-propagated material, shall be carried out under certified organic management”.

Amendment  77

Proposal for a regulation

Article 81 a (new)

Text proposed by the Commission	Amendment
	Article 81a
	Amendment of Directive 98/44/EC
	Directive 98/44/EC is amended as follows:

Amendment  78

Proposal for a regulation

Article 81 b (new)

Text proposed by the Commission	Amendment
	(1) In Article 4, the following paragraphs 4 and 5 are inserted:
	‘4. By way of derogation from paragraphs 1, 2 and 3, NGT plants, plant material and parts thereof, and the genetic information they contain, shall not be patentable.
	5. By way of derogation from paragraphs 1, 2 and 3, plants, plant material and parts thereof, and the genetic information they contain, which have been obtained using techniques excluded from the scope of Directive 2001/18/EC as listed in Annex 1B thereto, shall not be patentable.’

Amendment  79

Proposal for a regulation

Annex VI – Part B – point 2 – point c a (new)

Text proposed by the Commission	Amendment
	(c a) Heterogeneous material must not be derived from parental material covered by patents nor be protected by patents.

Amendment  80

Proposal for a regulation

Annex VII – paragraph 1 – point t a (new)

Text proposed by the Commission	Amendment
	(ta) whether there are any intellectual property rights covering the variety as a whole or its genetic components or the genetic information contained therein, including, where applicable, the number of any relevant patent(s);

Justification

To provide transparency to users, the information provided on a variety in the EU and national registers should include information on intellectual property rights, especially patents that may have been granted on parts of the registered variety, such as genetic sequences or traits. This is crucial information for all follow-on users, whether farmers, breeders, seed conservation

Amendment  81

Proposal for a regulation

Annex VII – paragraph 1 – point t b (new)

Text proposed by the Commission	Amendment
	(tb) disclose which breeding techniques have been applied for the development of the plant (e.g., cell fusion, genetic engineering, chemical or irradiation mutation breeding, microspore culture, etc.)

 

ANNEX: LIST OF ENTITIES OR PERSONS
FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

List of entities or persons from whom the rapporteur has received input

IFOAM

Copa-Cogeca

Via Campesina

Limagrain

Arche Noah

INRAE

Brot für die Welt

SEMAE

Euroseeds

 

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title	Production and marketing of plant reproductive material in the Union, amending Regulations (EU) 2016/2031, 2017/625 and 2018/848 of the European Parliament and of the Council, and repealing Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 2002/53/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC and 2008/90/EC (Regulation on plant reproductive material)
References	COM(2023)0414 – C9-0236/2023 – 2023/0227(COD)
Committee responsible  Date announced in plenary	AGRI 19.10.2023
Opinion by  Date announced in plenary	ENVI 19.10.2023
Associated committees - date announced in plenary	19.10.2023
Rapporteur for the opinion  Date appointed	Christophe Clergeau 24.10.2023
Discussed in committee	11.1.2024
Date adopted	11.3.2024
Result of final vote	+: –: 0:	44 1 39
Members present for the final vote	Catherine Amalric, Mathilde Androuët, Maria Arena, Margrete Auken, Marek Paweł Balt, Traian Băsescu, Aurélia Beigneux, Sergio Berlato, Alexander Bernhuber, Delara Burkhardt, Pascal Canfin, Sara Cerdas, Mohammed Chahim, Nathalie Colin-Oesterlé, Maria Angela Danzì, Christian Doleschal, Bas Eickhout, Pietro Fiocchi, Heléne Fritzon, Andreas Glück, Catherine Griset, Martin Hojsík, Pär Holmgren, Jan Huitema, Adam Jarubas, Karin Karlsbro, Ewa Kopacz, Peter Liese, Javi López, César Luena, Elżbieta Katarzyna Łukacijewska, Marian-Jean Marinescu, Lydie Massard, Liudas Mažylis, Tilly Metz, Dolors Montserrat, Ville Niinistö, Ljudmila Novak, Henk Jan Ormel, Grace O’Sullivan, Jutta Paulus, Francesca Peppucci, Stanislav Polčák, Jessica Polfjärd, María Soraya Rodríguez Ramos, Sándor Rónai, Maria Veronica Rossi, Laurence Sailliet, Silvia Sardone, Günther Sidl, Ivan Vilibor Sinčić, Nils Torvalds, Edina Tóth, Anders Vistisen, Pernille Weiss, Emma Wiesner, Michal Wiezik, Tiemo Wölken, Stefania Zambelli
Substitutes present for the final vote	Matteo Adinolfi, João Albuquerque, Stefan Berger, Biljana Borzan, Mercedes Bresso, Milan Brglez, Martin Buschmann, Cristian-Silviu Buşoi, Catherine Chabaud, Asger Christensen, Dacian Cioloş, Christophe Clergeau, Deirdre Clune, Gilbert Collard, Antoni Comín i Oliveres, Rosanna Conte, Beatrice Covassi, Gianantonio Da Re, Ivan David, Margarita de la Pisa Carrión, Anna Deparnay-Grunenberg, Estrella Durá Ferrandis, Giuseppe Ferrandino, Laura Ferrara, Cindy Franssen, Claudia Gamon, Matteo Gazzini, Jens Gieseke, Sunčana Glavak, Nicolás González Casares, Robert Hajšel, Martin Häusling, Romana Jerković, Irena Joveva, Radan Kanev, Karol Karski, Billy Kelleher, Ska Keller, Martine Kemp, Ondřej Knotek, Kateřina Konečná, Stelios Kympouropoulos, Danilo Oscar Lancini, Norbert Lins, Fulvio Martusciello, Marisa Matias, Sara Matthieu, Radka Maxová, Dace Melbārde, Nuno Melo, Marlene Mortler, Dan-Ştefan Motreanu, Ulrike Müller, Dan Nica, Max Orville, Demetris Papadakis, Aldo Patriciello, Piernicola Pedicini, Lídia Pereira, Sirpa Pietikäinen, João Pimenta Lopes, Rovana Plumb, Manuela Ripa, Robert Roos, Marcos Ros Sempere, Massimiliano Salini, Christel Schaldemose, Andrey Slabakov, Vincenzo Sofo, Tomislav Sokol, Susana Solís Pérez, Nicolae Ştefănuță, Annalisa Tardino, Hermann Tertsch, François Thiollet, Róża Thun und Hohenstein, Grzegorz Tobiszowski, Marie Toussaint, István Ujhelyi, Inese Vaidere, Idoia Villanueva Ruiz, Sarah Wiener, Jadwiga Wiśniewska
Substitutes under Rule 209(7) present for the final vote	Marie Dauchy, Pascal Durand, Sylvie Guillaume, Alessandro Panza, Rob Rooken, Dorien Rookmaker, Bert-Jan Ruissen, Evžen Tošenovský

 

 

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

44	+
ECR	Dorien Rookmaker
ID	Mathilde Androuët, Aurélia Beigneux, Marie Dauchy, Catherine Griset, Anders Vistisen
NI	Maria Angela Danzì
Renew	Pascal Canfin, Martin Hojsík, María Soraya Rodríguez Ramos, Róża Thun und Hohenstein, Michal Wiezik
S&D	João Albuquerque, Maria Arena, Marek Paweł Balt, Milan Brglez, Delara Burkhardt, Sara Cerdas, Mohammed Chahim, Christophe Clergeau, Beatrice Covassi, Pascal Durand, Sylvie Guillaume, Javi López, César Luena, Sándor Rónai, Günther Sidl, Tiemo Wölken
The Left	Malin Björk, Anja Hazekamp, Marina Mesure, Idoia Villanueva Ruiz, Nikolaj Villumsen, Mick Wallace
Verts/ALE	Margrete Auken, Bas Eickhout, Pär Holmgren, Ska Keller, Lydie Massard, Tilly Metz, Ville Niinistö, Grace O'Sullivan, Jutta Paulus, Manuela Ripa

 

1	-
ECR	Pietro Fiocchi

 

39	0
ECR	Sergio Berlato, Rob Rooken, Robert Roos, Bert-Jan Ruissen, Evžen Tošenovský
ID	Alessandro Panza, Maria Veronica Rossi, Silvia Sardone
NI	Ivan Vilibor Sinčić, Edina Tóth
PPE	Traian Băsescu, Alexander Bernhuber, Cristian-Silviu Buşoi, Nathalie Colin-Oesterlé, Christian Doleschal, Adam Jarubas, Ewa Kopacz, Peter Liese, Elżbieta Katarzyna Łukacijewska, Marian-Jean Marinescu, Liudas Mažylis, Dolors Montserrat, Marlene Mortler, Ljudmila Novak, Henk Jan Ormel, Francesca Peppucci, Stanislav Polčák, Jessica Polfjärd, Laurence Sailliet, Pernille Weiss, Stefania Zambelli
Renew	Catherine Amalric, Andreas Glück, Jan Huitema, Karin Karlsbro, Ondřej Knotek, Nils Torvalds, Emma Wiesner
S&D	Heléne Fritzon

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

 

PROCEDURE – COMMITTEE RESPONSIBLE

Title	Production and marketing of plant reproductive material in the Union, amending Regulations (EU) 2016/2031, 2017/625 and 2018/848 of the European Parliament and of the Council, and repealing Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 2002/53/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC and 2008/90/EC (Regulation on plant reproductive material)
References	COM(2023)0414 – C9-0236/2023 – 2023/0227(COD)
Date submitted to Parliament	6.7.2023
Committee responsible  Date announced in plenary	AGRI 19.10.2023
Committees asked for opinions  Date announced in plenary	ENVI 19.10.2023
Associated committees  Date announced in plenary	ENVI 19.10.2023
Rapporteurs  Date appointed	Herbert Dorfmann 29.8.2023
Discussed in committee	30.8.2023	27.11.2023	24.1.2024
Date adopted	19.3.2024
Result of final vote	+: –: 0:	25 2 17
Members present for the final vote	Mazaly Aguilar, Clara Aguilera, Atidzhe Alieva-Veli, Benoît Biteau, Daniel Buda, Isabel Carvalhais, Ivan David, Paolo De Castro, Jérémy Decerle, Herbert Dorfmann, José Manuel Fernandes, Paola Ghidoni, Dino Giarrusso, Martin Häusling, Martin Hlaváček, Krzysztof Jurgiel, Jarosław Kalinowski, Elsi Katainen, Camilla Laureti, Gilles Lebreton, Norbert Lins, Elena Lizzi, Colm Markey, Marlene Mortler, Maria Noichl, Juozas Olekas, Bronis Ropė, Katarína Roth Neveďalová, Bert-Jan Ruissen, Anne Sander, Petri Sarvamaa, Veronika Vrecionová, Sarah Wiener, Juan Ignacio Zoido Álvarez
Substitutes present for the final vote	Alexander Bernhuber, Christophe Clergeau, Tilly Metz, Riho Terras, Irène Tolleret, Tom Vandenkendelaere, Hilde Vautmans
Substitutes under Rule 209(7) present for the final vote	Erik Poulsen, Inma Rodríguez-Piñero, Domènec Ruiz Devesa
Date tabled	22.3.2024

 

 

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

25	+
NI	Dino Giarrusso, Katarína Roth Neveďalová
PPE	Daniel Buda, Herbert Dorfmann, José Manuel Fernandes, Jarosław Kalinowski, Norbert Lins, Colm Markey, Petri Sarvamaa, Riho Terras, Tom Vandenkendelaere
S&D	Clara Aguilera, Isabel Carvalhais, Christophe Clergeau, Paolo De Castro, Camilla Laureti, Maria Noichl, Juozas Olekas, Inma Rodríguez-Piñero, Domènec Ruiz Devesa
Verts/ALE	Benoît Biteau, Martin Häusling, Tilly Metz, Bronis Ropė, Sarah Wiener

 

2	-
ECR	Krzysztof Jurgiel
ID	Ivan David

 

17	0
ECR	Mazaly Aguilar, Bert-Jan Ruissen, Veronika Vrecionová
ID	Paola Ghidoni, Gilles Lebreton, Elena Lizzi
PPE	Alexander Bernhuber, Marlene Mortler, Anne Sander, Juan Ignacio Zoido Álvarez
Renew	Atidzhe Alieva-Veli, Jérémy Decerle, Martin Hlaváček, Elsi Katainen, Erik Poulsen, Irène Tolleret, Hilde Vautmans

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

• [1]  OJ C, C/2024/1583, 5.3.2024, ELI: http://data.europa.eu/eli/C/2024/1583/oj.