Changes from plenary report to adopted text

Added(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. [Am. 158]

Added2. The gene banks, conservation organisations and networks shall notify the competent authority of the use of the derogation referred to in paragraph 1 and the species concerned. [Am. 159]

AddedArticle 30 Seed PRM exchanged in kind between farmers [Am. 160]

Added1. By way of derogation from Articles 5 -to 25, farmers may exchange seeds PRM in kind or for monetary compensation, if such seeds fulfill PRM fulfils all of the following conditions: [Am. 161]

Added(1) areis produced in the respective farmer’s own premises; [Am. 162]

Added(2) areis derived from the respective farmer’s own harvest crops; [Am. 163]

Added(3) arein the case of seeds, is not subject to a service contract conducted by the respective farmer with a professional operator performing seed production; and [Am. 164]

Added(4) the seed PRM is used for dynamic management and conservation of the farmer’s own seed PRM for the purpose of contributing to agro-diversity. [Am. 165]

Added2. Such seeds PRM shall fulfil all of the following requirements: [Am. 166]

Added(a) not to belong to a to variety for which plant variety rights have been granted in accordance with Regulation (EC) No 2100/94;

Added(b) to be limited to small in quantities, defined by the competent authorities for specific species per year and per farmer, without using commercial intermediaries or public offer of marketing; and [Am. 167]

Added(c) to be practically free from quality pests and any defects likely to impact their quality as and for seeds, and shall have satisfactory germination capacity. [Am. 168]

Added3. 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). [Am. 169]

AddedArticle 30a Maximum quantity of each species which may be exchanged

AddedThe 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. [Am. 170]

AddedArticle 31 Breeder’s seed

Added1. 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).

AddedThe competent authority shall determine the duration of the authorisation and quantities per species, when granting that authorisation.

Added2. 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.

AddedIt 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. [Am. 171]

AddedArticle 32 PRM of not yet registered varieties

Added1. 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: [Am. 172]

Added(a) the respective marketing sectors need to acquire that material or seeds in advance, so as to have sufficient stocks available, when the respective variety will be registered; and

Added(b) there is no risk that such an authorisation will lead to insufficient identification or quality of the marketed PRM; and

Added(c) the respective PRM belongs to a variety for which an application has been submitted for registration in a national variety register pursuant to Article 55.

AddedSuch authorisation may be granted for a maximum period of 3 3yearsyears in the case of seeds, and 5 years in the case of PRM other than seeds, and for small limited quantities per species as specified by the competent authority in correlation with the volume of production at Member State level. [Am. 173]

AddedThis derogation shall not apply to PRM consisting of a genetically modified organism within the meaning of Directive 2001/18/EC. [Am. 174]

Added2. 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 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: [Am. 175]

Added(a) the authorised PRM is only used for tests or trials carried out by professional operators, in order to gather information on the cultivation or use of the variety concerned on farms;

Added(b) the marketing is made to those professional operators only, with no further marketing thereafter, who produces a report on results of the tests or trials, in relation to the information on the cultivation or use of that variety;

Added(c) there is no risk that such an authorisation will lead to insufficient identification or quality of the marketed PRM; and

Added(d) the authorised PRM complies with the requirements of standard PRM for the respective species.

Added3. In order to obtain the authorisation referred to in paragraphs 1 and 2, the professional operator shall submit to the competent authorities a request, indicating the information about the following:

Added(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; [Am. 176]

Added(b) the breeder’s reference of the variety indicated in the application for registration;

Added(c) the procedure for the variety maintenance, where applicable;

Added(d) the authority before which the application for the registration of the variety is pending, and the reference assigned to that application.

Added(e) the site where production will take place; and [Am. 177]

Added(f) the quantities of the material to be made available on the market. [Am. 178]

Added4. The Member States whose competent authorities have granted the authorisation referred to in paragraphs 1 and 2 shall annually inform the other Member States and the Commission thereof.

Added5. PRM referred to in paragraphs 1 and 2 shall be accompanied by a label, issued by the professional operator, with the indication ‘Not yet listed variety’.

AddedArticle 33 Authorisation in cases of temporary difficulties in the supply

Added1. 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 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: [Am. 179]

Added(a) belongs to a variety not included in a national variety register; or

Added(b) complies with less stringent requirements than the requirements referred to in Article 7(1).

AddedPoint (a) shall apply by way of derogation from Articles 5, and point (b) shall apply by way of derogation from Articles 7(1).

AddedThat implementing act may delegated act shall set out the maximum quantities, which may be marketed per genera or species. [Am. 180]

AddedThat implementing act shall be adopted in accordance with the examination procedure referred to in Article 76(2). [Am. 181]

Added2. PRM referred to in paragraph 1 shall be accompanied by a label that states, as applicable, that the PRM in question belongs to a non-registered variety or fulfils less stringent quality requirements than the ones referred to in Article 7(1).

Added3. The Commission may is empowered to adopt delegated acts in accordance with Article 75, amending this Regulation, in order to decide, by means of an implementing act, 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. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 76(2). [Am. 182]

Added4. Member States may, without obtaining the authorisation of the Commission referred to in paragraph 1, allow, for a maximum period of 1 year, and for a limited amount of quantities per genera or species as necessary for supply difficulties in question, the production and marketing of seeds that fulfil germination rates reduced up to 15 percentage points compared to the ones set out pursuant to the implementing act referred to in Article 7(3).

Added4a. The Member State that uses the derogation referred to in paragraph 4 shall notify it to the Commission. [Am. 183]

Added4b. This exceptional authorisation shall not apply to PRM consisting of a genetically modified organism within the meaning of Directive 2001/18/EC. [Am. 184]

AddedArticle 34 Provisional authorisation in urgency cases for marketing of seeds not certified as complying with applicable quality requirements

Added1. Competent authorities may authorise, for a maximum period of 1 month, the marketing of seeds as pre-basic, basic or certified seeds, before they have been certified to comply with the requirements referred to in Article 7 concerning germination, maximum content of other species or purity, if it is necessary to make that seed rapidly available on the market to address urgent needs of supply.

Added2. The authorisation referred to in paragraph 1 shall be granted on the basis of a an analytical report on the seed, issued by the professional operator, attesting its compliance with the requirements concerning germination, content of other species or purity, adopted pursuant to Article 7(1).

AddedThe name and address of the first recipient of the seeds shall be submitted to the competent authority by the professional operator. The professional operator shall keep the information on the provisional analytical report at the disposition of the competent authority.

Added3. The seeds referred to in paragraph 1 shall bear a label indicating ‘Provisional authorisation for marketing’.

AddedArticle 35 PRM which is not yet certified

Added1. PRM which has been produced in the Union, but has not yet been certified as pre-basic, basic or certified seed pursuant to Article 7, may be marketed with a reference to any of those categories, if all of the following requirements are fulfilled: