European Parliament legislative resolution of 11 December 2007 on the proposal for a Council directive on the marketing of fruit plant propagating material and fruit plants intended for fruit production (recast version) (COM(2007)0031 – C6-0093/2007 – 2007/0014(CNS))
(Consultation procedure)
The European Parliament,
– having regard to the Commission proposal to the Council (COM(2007)0031),
– having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0093/2007),
– having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts(1),
– having regard to Rules 51 and 80a of its Rules of Procedure,
– having regard to the report of the Committee on Agriculture and Rural Development and the favourable opinion of the Committee on Legal Affairs (A6-0480/2007),
1. Approves the Commission proposal as amended;
2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;
3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;
4. Asks to be consulted again if the Council intends to amend the Commission proposal substantially;
5. Instructs its President to forward its position to the Council and Commission.
Text proposed by the Commission
Amendments by Parliament
Amendment 1 Recital 6
(6) It is appropriate to establish Community rules for those genera and species of fruit plant which are of major economic importance in the Community, with a Community procedure for adding further genera and species later to the list of genera and species to which this Directive applies. The genera and species listed should be those which are widely grown in Member States and for whose propagating material there is a substantial market which covers more than one Member State.
(6) It is appropriate to establish Community rules for those genera and species of fruit plant which are of major economic importance in the Community, with a Community procedure for adding further genera and species later to the list of genera and species to which this Directive applies. The genera and species listed should be those which are widely grown in Member States and for whose propagating material there is a substantial market.
Amendment 2 Recital 11
(11) Genetically modified fruit plants should not be accepted for registration in the catalogue unless all the appropriate measures have been taken to avoid any risk to human health or the environment as referred to in Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed.
(11) Genetically modified fruit plants should not be accepted for registration in the catalogue, except as stock onto which the desired varieties are to be grafted and providing all the appropriate measures have been taken to avoid any risk to human health or the environment as referred to in Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed. In this case the purpose of genetic modification should be mentioned.
Amendment 4 Recital 15
(15)Suppliers who only market fruit plants or propagating material to persons not professionally engaged in the production or sale of fruit plants or propagating material should be exempted from the obligation of registration.
deleted
Amendment 5 Recital 15 a (new)
(15a)Suppliers marketing propagating material or fruit plants should be specialised in this sector.
Amendment 6 Recital 16 a (new)
(16a)Furthermore, and in order to be able to receive Community funding for the planting of orchards, the producer should take care that the propagating material to be used originates from officially registered suppliers.
Amendment 7 Recital 17
(17) That objective can best be achieved either through common knowledge of the variety, in particular for old varieties, or through the availability of a description based on Community Plant Variety Office (CPVO) protocols or in their absence on other international or national rules.
(17) That objective can best be achieved either through common knowledge of the variety, in particular for old varieties, or through the availability of a description based on Community Plant Variety Office (CPVO) protocols or in their absence on other international or national rules. To this end, varieties which are marketed should be entered in the relevant list.
Amendment 8 Recital 22
(22) Rules should be established permitting, in the case of temporary supply difficulties due to natural disasters, such as fire, gales and failure of the flower crop, or unforeseen circumstances, the marketing of propagating material and fruit plants subject to requirements less stringent than those contained in this Directive for a limited period and subject to specific conditions.
(22) Rules should be established permitting, in the case of temporary supply difficulties due to natural disasters, such as fire, gales or unforeseen circumstances, the marketing of propagating material and fruit plants subject to requirements less stringent than those contained in this Directive for a limited period and subject to specific conditions .
Amendment 9 Recital 23
(23)In accordance with the principle of proportionality, provision should be made to allow Member States to exempt small producers all of whose production and sales of propagating material and fruit plants is intended for final use by persons on the local market who are not professionally involved in plant production ('local circulation') from the conditions on labelling and from the checks and official inspections.
deleted
Amendment 10 Recital 25
(25) Provision should be made for authorising the marketing, within the Community, of propagating material and fruit plants produced in third countries, provided always that they afford the same guarantees as propagating material and fruit plants produced in the Community and complying with Community rules.
(25) Provision should be made for authorising the marketing, within the Community, of propagating material and fruit plants produced in third countries, provided always that they afford the same guarantees as propagating material and fruit plants produced in the Community and complying with Community rules. Firms in third countries exporting propagating material and fruit plants should be registered.
Amendment 11 Article 2, point 4
(4) "Clone" means the vegetative progeny of a variety which is true to a fruit plant stock chosen on account of varietal identity, its phenotypic characters and its state of health;
(4) "Clone" means the vegetative progeny of a variety of a species of fruit plant which is true to a fruit plant stock chosen on account of varietal identity, its phenotypic characters and its state of health;
Amendment 12 Article 2, point 8, point (e)
(e) have been found by official inspection to satisfy the conditions in (a) to (d);
(e) have been found in spot checks made during official inspections to satisfy the conditions in (a) to (d);
Amendment 13 Article 2, point 11, point (a)
(a) an authority, established or designated by the Member State under the supervision of the national government and responsible for questions concerning the quality of propagating material and fruit plants:
(a) an authority established or designated by the Member State under the supervision of the national government and responsible for carrying out inspections and controls in respect of questions concerning the quality, certification and plant health of propagating material and fruit plants:
Amendment 14 Article 3, paragraph 1, point (a)
(a) the propagating material has been officially certified as "pre-basic material", "basic material" or "certified material" or if it is found to be CAC material by official inspection;
(a) the propagating material is officially certified as "pre-basic material", "basic material" or "certified material" or fulfils the criteria for CAC material;
Amendment 15 Article 3, paragraph 1, point (b)
(b) the fruit plants have been officially certified as certified material or are found to be CAC material by official inspection.
deleted
Amendment 16 Article 3, paragraph 2
2. In the case of a variety which consists of a genetically modified organism within the meaning of points 1 and 2 of Article 2 of Directive 2001/18/EC the variety shall be accepted for registration in the catalogue only if has been authorised pursuant to that Directive or pursuant to Regulation (EC) No 1829/2003.
2. In the case of a variety which consists of a genetically modified organism within the meaning of points 1 and 2 of Article 2 of Directive 2001/18/EC the variety shall be accepted for registration in the catalogue only if has been authorised pursuant to that Directive or pursuant to Regulation (EC) No 1829/2003 and subject to the precondition that it will be used as stock onto which the desired variety will be grafted.
Amendment 17 Article 3, paragraph 2 a (new)
2a.In the case of a genetically modified variety, within the meaning of Article 2(1) and (2) of Directive 2001/18/EC, a special risk assessment shall take place, chiefly regarding human health and the environment, it must be appropriately labelled so that the purchaser is informed that genetically modified material is being supplied and the purpose of genetic modification must be mentioned.
Amendment 18 Article 3, paragraph 3 a (new)
3a.Marketing by officially registered suppliers of propagating material and fruit plants, duly documented, shall be considered an indispensable condition for the inclusion of a producer in co-funded programmes for planting orchards.
Amendment 19 Article 4, point (c a) (new)
(ca) supplementary or more stringent conditions for propagating material and fruit plants, which Member States may lay down for their own domestic production.
Amendment 20 Article 5, paragraph 1
1. Suppliers shall be officially registered in relation to the activities which they carry out under this Directive.
1. Suppliers shall be officially registered in relation to the activities which they carry out under this Directive and shall hold a marketing licence for propagating material, issued as specified in each Member State.
Amendment 21 Article 5, paragraph 1 a (new)
1a.Suppliers who market propagating material or fruit plants should have a specialisation in this field sector and be agronomists or undertakings employing persons with such specialisations.
Amendment 22 Article 5, paragraph 1 b (new)
1b.Member States shall ensure and check that suppliers take all the necessary measures to ensure compliance with the standards of this directive at all stages of the production and marketing of propagating material and fruit plants.
Amendment 23 Article 5, paragraph 2
2.Paragraph 1 shall not apply to suppliers marketing only to persons not professionally engaged in the production, reproduction or sale of propagating material or fruit plants.
3. When propagating material or fruit plants are marketed, suppliers shall keep records of their sales or purchases for at least 12 months.
3. When propagating material or fruit plants are marketed, suppliers shall keep records of their sales or purchases for at least five years.
Amendment 25 Article 7, paragraph 2
2. In the case of propagating material of a variety which has been genetically modified, any label and document, official or otherwise, which is affixed to or accompanies the material under this Directive shall clearly indicate that the variety has been genetically modified and shall name the genetically modified organisms.
2. In the case of propagating material of a variety which has been genetically modified, any label and document, official or otherwise, which is affixed to or accompanies the material under this Directive shall clearly indicate that the variety has been genetically modified and shall name the genetically modified organisms and clarify the purpose of genetic modification.
Amendment 26 Article 12, paragraph 1 a (new)
1a.Firms in third countries exporting propagating material and fruit plants shall be registered so as to ensure traceability at all stages.
Amendment 28 Article 19 a (new)
Article 19a Application assessment Within five years from the date of entry into force of this Directive, the Commission shall examine the results of its application and submit to the European Parliament and the Council a report, accompanied by any necessary proposals for amendment.
Amendment 29 Article 21
Member States may, as a transitional measure until 1 January XXX, allow the marketing in their own territory of certified and CAC material taken from parent plants in existence at the date of entry into force of this Directive.
Member States may, as a transitional measure until 10 years after the entry into force of this directive, allow the marketing in their own territory of certified and CAC material taken from parent plants in existence at the date of entry into force of this Directive.
Amendment 30 Article 22, paragraph 2 a (new)
The implementing measures for Directive 92/34/EEC, which is repealed, shall continue to apply until new implementing measures are adopted.