Changes from plenary report to adopted text

RemovedArticle 78 – paragraph 1: 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.

Added(i) conditions for the production of seeds from fruit plants or vine;

RemovedRegulation (EU) 2018/848

Added(j) conditions for the production of fruit plants, vine or seed potatoes from seeds.

RemovedArticle 81, Article 3, Article 13 and second paragraph of point 1.8.4. of Part I of Annex II: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

AddedThose 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 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. [Am. 76]

RemovedArticle 83 – paragraph 3 – point b: (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.

AddedArticle 8 Requirements for the production and marketing of standard seed and material

RemovedAnnex I – Part A – row 107 a (new): Cicer arietinum / Camelina sativa / Fagopyrum esculentu / Lens culinaris / Triticum monococcum / Chenopodium quinoa / Vicia ervilia / Vicia narbonensis / Tritordeum / Lathyrus sativus / Eragrostis tef / Ceratonia siliqua

Added1. Standard seed may only be produced and marketed within the Union, if all the following conditions are fulfilled:

RemovedAnnex I – Part B – row 29 a (new): Salvia hispanica.

Added(a) it is practically free from quality pests;

RemovedAnnex II – Part B – title: REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF PRE-BASIC, BASIC AND CERTIFIED MATERIAL OF AGRICULTURAL AND VEGETABLE SPECIES, FRUIT PLANTS

Added(b) it is produced and marketed:

RemovedAnnex II – Part C – title: REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF SELECTED CLONES OF PRE-BASIC, BASIC AND CERTIFIED MATERIAL AS REFERRED TO IN ARTICLE 9 (1)

Added(i) under the responsibility of the professional operator;

RemovedAnnex II – Part C – paragraph 1 – introductory part: Requirements for the production of pre-basic, basic and certified selected clones

Added(ii) in accordance with the requirements set out in Part 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. [Am. 77]

RemovedAnnex II – Part C – paragraph 1 – point A – point a: (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.

Added2. Standard material may only be produced and marketed within the Union, if all the following conditions are fulfilled:

RemovedAnnex II – Part C – paragraph 1 – point A – point b – point i: deleted

Added(a) it is practically free from quality pests;

RemovedAnnex II – Part C – paragraph 1 – point B – point d: (d) The respective mother plants shall be excluded as a source of PRM in case of defects.

Added(b) it is produced and marketed:

RemovedAnnex II – Part C – paragraph 1 – point B – point e: (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.

Added(i) under the responsibility of the professional operator;

RemovedAnnex II – Part C – paragraph 1 – point B – point i: deleted

Added(ii) in accordance with the requirements set out in Part 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. [Am. 78]

RemovedAnnex II – Part C – paragraph 1 – point B – point j: deleted

Added3. 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. [Am. 79]

RemovedAnnex II – Part C – paragraph 2: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added4. The Commission is empowered to adopt delegated acts, in accordance with Article 75, in order to amend Annex III, to adapt the requirements referred to in paragraphs 1 and 2 to the scientific and technical developments and to the applicable international standards. Those amendments shall concern the following:

RemovedAnnex II – Part D – title: REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF PRE-BASIC, BASIC AND CERTIFIED SEED OF FRUIT PLANTS, VINE AND POTATOES

Added(a) requirements for sowing and planting, and production in the field, of standard seeds;

RemovedAnnex II – Part D – paragraph 1 – introductory part: Requirements for the production of pre-basic, basic and certified seed of fruit plants, vine and potatoes

Added(b) requirements for harvesting and post-harvesting of standard seeds;

RemovedAnnex III – Part A – paragraph 1 – point B – point d: (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.

Added(c) requirements for marketing of standard seeds;

Change 8

ChangedAnnex III – Part B – title: REQUIREMENTS FOR THE PRODUCTION AND(d) MARKETINGrequirements OFfor STANDARDsowing MATERIALand OFplanting, AGRICULTURALand ANDproduction VEGETABLEin SPECIES,the FRUITfield, PLANTSof ANDstandard VINEmaterial;

Change 9

RemovedAnnex III – Part B – paragraph 1: 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.

Added(e) requirements for harvesting and post-harvesting of standard material;

RemovedAnnex III – Part B – paragraph 1 a (new): Vine rootstocks may not be marketed as standard material.

Added(f) requirements for the marketing of standard material;

Change 10

ChangedAnnex III(g) –requirements Partfor Cclones, –selected title:clones, REQUIREMENTSmulticlonal FORmixtures THEand PRODUCTIONproduction ANDand MARKETINGmarketing OFof POLYCLONALpolyclonal PRM AS REFERRED TOof INstandard ARTICLEmaterial; 9[Am. (1)80]

Change 11

RemovedAnnex III – Part C – paragraph 1: 1. Planting / Part C, point 1 of Annex II shall apply accordingly to the planting of polyclonal PRM.

Added(h) requirements for the production of standard material produced by in vitro propagation;

RemovedAnnex III – Part C – paragraph 2: 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.

Added(i) requirements for the marketing of standard material produced by in vitro propagation.

RemovedAnnex III – Part C – paragraph 2 a (new): 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.

Added4a. 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. [Am. 81]

Change 12

Changed5. The Commission may adopt implementing acts specifying the production and marketing requirements referred to in Part A and Part B of Annex III –for Partcertain Dgenera –or title:species REQUIREMENTSof FORstandard THEseed PRODUCTIONor ANDmaterial. MARKETINGThose OFrequirements STANDARDshall SEEDconcern OFone FRUITor PLANTS,more VINEof ANDthe POTATOESfollowing elements: [Am. 82]

Change 13

RemovedAnnex III – Part D – paragraph 1: Part D of Annex II shall apply accordingly for the production and marketing of standard seed of fruit plants, vine and potatoes.

Added(a) specific uses of the genera, species or the types of the PRM concerned;

RemovedAnnex V – subheading 1: 1. Region of origin

Added(b) production methods of PRM, including sexual and asexual reproduction and in vitro propagation;

RemovedAnnex V – subheading 1 – paragraph 1: 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.

Added(c) conditions for sowing or planting;

RemovedAnnex V – subheading 1 – paragraph 2: 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.

Added(d) field cultivation;

RemovedAnnex V – subheading 2 – paragraph 1 – point a: (a) typical for the habitat type of the region of origin;