Changes from plenary report to adopted text

Added(d) more efficient use of natural resources, such as water and nutrients;

Added(e) reduced need for external inputs, such as plant protection products and fertilisers;

Added(f) characteristics that enhance the sustainability of cultivation, harvesting, storage, processing and, distribution and use; [Am. 221]

Added(g) quality, or nutritional characteristics. or characteristics important for processing; [Am. 222]

Added(ga) pre- or post-harvest waste reduction. [Am. 223]

Added1a. 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). [Am. 224]

Added2. For the purpose of paragraph 1, Member States may collaborate with other Member States with similar agro-ecological conditions. Those Member States may establish shared facilities for carrying out the examination for value for sustainable cultivation and use.

Added3. The Commission is empowered to adopt delegated acts in accordance with Article 75, supplementing this Regulation by:

Added(a) establishing the minimum requirements for carrying out the examination referred to under paragraph 1;

Added(b) establishing the methodologies for assessing the characteristics listed under paragraph 1, second subparagraph, points (a) to (g)(ga); [Am. 225]

Added(c) establishing the standards for the evaluation and the reporting of the results of the examination of the value for sustainable cultivation and use.

AddedThose delegated acts shall adapt the requirements, methodologies and standards of points (a) to (c) to the applicable technical or scientific developments, and to any new Union policies or rules on sustainable agriculture.

AddedWhere those rules are not yet established, Member States may adopt such rules for their respective territories. They shall notify them to the Commission and to the other Member States.

AddedThose 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. [Am. 226]

AddedThe 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). [Am. 227]

Added4. 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.

AddedWhere 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 for the completion of the testing 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 organic conditions and implementation of testing under non-organic conditions. [Am. 228]

Added4a. Competent authorities may include testing of conventional seed under low input conditions, organic in-conversion, or organic conditions. [Am. 229]

Added4b. 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. [Am. 230]

AddedArticle 53 Registration of conservation varieties

Added1. By way of derogation from Articles 48, 49, 50, 52, 55(2), 56, 57, and 59 to 65, a conservation variety shall be registered in a national variety register if it complies with the following conditions:

Added(a) it has an officially recognised description, specifying the characteristics that qualify it as a conservation variety, in accordance with the definition in Article 3, point (29);

Added(b) it has an indication of its initial region of origin, when known, or the local conditions under which it has been newly bred; [Am. 231]

Added(c) it bears a denomination complying with Article 54;

Added(d) it is maintained in the Union.

AddedThe registration under this Article shall be free of charge for the applicant. [Am. 232]

Added2. A conservation variety shall be registered in the national variety register upon application by a professional operator established in the Union. That application shall include all the elements referred to in paragraph 1, points (a) to (d).

AddedThe 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. [Am. 233]

Added3. A variety shall not be listed in the national variety register as conservation variety, if:

Added(a) it is already listed in the Union variety register with an official description, pursuant to Article 44(1), point (a), or it was deleted from the Union variety register as a variety with an official description within the last 2 years, or within 2 years from the expiry of the period granted pursuant to Article 71(2), or

Added(b) it is protected by a Community plant variety right as provided for in Regulation (EC) No 2100/94, or by a national plant variety right, or an application for such a right is pending.

Added4. The officially recognised description referred to in paragraph 1, point (a), shall be based on results of unofficial tests, knowledge gained from practical experience during cultivation, reproduction and use, or other information, in particular from the plant genetic resource authorities or from organisations recognised for this purpose by Member States.

AddedThe 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). [Am. 234]

Added5. The person responsible for the maintenance of a conservation variety shall keep samples of it and, upon request, make them available to the competent authorities.

AddedArticle 53a Requirements for the registration of a selected clone and polyclonal PRM in the Member State´s register

Added1. The applicant shall submit an application to the competent authority indicating:

Added(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;

Added(b) proposed denomination and synonyms;

Added(c) where applicable, description of the polyclonal PRM;

Added(d) the maintainer of the selected clone or polyclonal PRM;

Added(e) reference to the description of the main characteristics of the variety to which the selected clone or polyclonal PRM belongs;

Added(f) description of the main value for sustainable cultivation and use characteristics of the selected clone or polyclonal PRM;

Added(g) the estimated genetic gains of the selected clone or polyclonal PRM in relation to the overall performance of the relevant variety;

Added(h) information on whether the selected clone or polyclonal PRM is already registered in a register of another Member State.

Added2. The selected clone shall fulfil the following requirements in order to be registered in the Member State's register:

Added(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;

Added(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.

Added3. The polyclonal PRM shall fulfil the following requirements in order to be registered in the Member State's register:

Added(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;

Added(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.

Added4. 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. [Am. 235]

AddedArticle 54 Suitability of variety denominations

Added1. For the purposes of Article 47(1), point (b), the denomination of a variety shall not be deemed suitable if:

Added(a) its use in the territory of the Union is precluded by the prior right of a third party;

Added(b) it may commonly cause its users difficulties as regards recognition or reproduction;

Added(c) it is identical to, or may be confused with, a variety denomination:

Added(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; [Am. 236]

Added(ii) under which material of another variety has been made available on the market in a Member State or in a Member of the International Union for the Protection of New Varieties of Plants,

Addedunless variety referred to in point (i) or (ii) no longer remains in existence and its denomination has acquired no special significance; [Am. 237]

Added(d) it is identical to, or may be confused with, other designations which are commonly used for making available on the market goods or which have to be kept free pursuant to Union legislation;