Changes from plenary report to adopted text

Added1. The competent authority of the respective Member State shall remove a variety from the national variety register, if:

Added(a) it concludes, on the basis of any new evidence, that the requirements for registration, as set out in Article 47(1) are no longer fulfilled;

Added(b) the applicant does not pay the fee that the competent authority has established in accordance with Articles 55, 59(4), 67(6) and 69(3);

Added(c) the person responsible for the variety maintenance, as referred to in Article 72, so requests, or that person has ceased to maintain the variety and no other person has become responsible for its maintenance;

Added(d) the variety is no longer maintained pursuant to requirements of Article 72;

Added(e) the variety is maintained in a third country, which has not provided assistance on the controls of that maintenance pursuant to Article 72(7);

Added(f) at the time of the application, false or fraudulent data were supplied on the basis of which the registration was decided;

Added(g) no application for renewal has been submitted by the deadline referred to in Article 70(1) and the validity period of registration referred to in Article 69(1) has expired.

Added2. On request by the applicant, the competent authority may allow that a variety removed from the national variety register in accordance with paragraph 1, point (g), continues to be made available on the market until 30 June of the third year following the removal from the register.

AddedThat request shall be submitted no later than the date of the expiration of the validity period of registration.

Added3. Following its removal from a national variety register, as referred to in paragraph 1, the variety concerned shall be immediately removed from the Union variety register, if it is not registered in any other national variety register.

AddedArticle 72 Variety maintenance

Added1. Varieties registered in a national variety register shall be maintained by the applicant, or by any other person notified by the applicant to the competent authority. The competent authority shall authorise that other person to carry out the maintenance of the variety, if that person proves its capacity for that task, and the competent authority shall withdraw that authorisation if that person is no longer capable for that. The name and registration number of that person shall be notified by the applicant to the competent authority of the Member State.

Added2. Variety maintenance shall take place in accordance with accepted practices concerning, as appropriate, genera, species or particular types of varieties.

Added3. The persons referred to in paragraph 1 shall keep records concerning the variety maintenance. It shall at all times be possible for the competent authority to check the variety maintenance from those records. Those records shall also cover the production of pre-basic, basic, certified and standard material, and the stages of production prior to pre-basic material.

AddedA standard sample of the variety concerned shall be provided to the competent authority on request.

Added4. The competent authority shall carry out controls on the manner in which the variety maintenance is carried out and may, to this purpose, take samples of the varieties concerned. The frequency of those controls shall be based on the likelihood of non-compliance with paragraphs 1 to 3.

Added5. Where a competent authority finds that the person responsible for variety maintenance does not comply with paragraphs 1 to 3, it shall give that person appropriate time to take corrective action or request another person to carry out the variety maintenance. If no such action is taken within that time limit, the competent authority shall remove the variety from the national variety register in accordance with Article 71.

Added6. Where variety maintenance takes place in a Member State other than the Member State in whose national variety register the variety has been registered, the competent authorities of the two Member States concerned shall assist each other in the controls on variety maintenance. If no such assistance is provided within a reasonable period of time, or if it is concluded that the variety maintenance is not carried out in accordance with this Article, the respective competent authority shall remove the variety from the national variety register in accordance with Article 71.

Added7. Where variety maintenance takes place in a third country, the competent authorities of the Member State, in whose national variety register the variety has been registered, shall request the third country’s authorities assistance in the controls on variety maintenance, if such a maintenance has been subject to the recognition of equivalence referred to in Article 39(5). If no such assistance is provided within a reasonable period of time, or if it is concluded that the variety maintenance is not carried out in accordance with this Article, the respective competent authority shall remove the variety from the national variety register in accordance with Article 71.

AddedSECTION 5 KEEPING OF DOCUMENTATION AND SAMPLES

AddedArticle 73 Documentation on the national variety registers

AddedThe competent authority of the respective Member State shall keep a file on each variety registered in the national variety register, containing:

Added(a) the official description or the officially recognised description of the variety;

Added(b) the examination report; and

Added(c) any complementary examination report pursuant to Article 64(4).

AddedIn the case of an officially recognised description, the file shall only contain that description and the documents supporting it.

AddedArticle 74 Samples of the registered varieties

AddedThe competent authorities shall keep samples of the varieties registered in the national variety registers and make them accessible to any third party upon request.

AddedThe Commission may, by means of implementing acts, specify the size of those samples, the rules for their replacement, in the case where the quantity of the original sample is too limited or it is no longer adequate due to its use in other examinations, and their submission to other competent authorities. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 76(2).

AddedCHAPTER V PROCEDURAL PROVISIONS

AddedArticle 75 Exercise of delegation

Added1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

Added2. The delegation of 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 5 five years from ... [the date of the entry into force of this Regulation]. [Am. 254]

AddedThe delegation of power shall be tacitly extended for periods of 5 years, unless the European Parliament or the Council opposed such extension not later than three months before the end of each period. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the first 5-year period.

Added3. 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 of revocation 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. [Am. 255]

Added4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.

Added5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

Added6. 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. [Am. 256]

AddedArticle 76 Committee procedure

Added1. The Commission shall be assisted by the Standing Committee on Plants, Animals, Food and Feed established by Article 58(1) of Regulation (EC) No 178/2002 of the European Parliament and of the Council. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Added2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

AddedWhere the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee decides so or a simple majority of committee members requests it.

Added3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof shall apply.

AddedCHAPTER VI REPORTING, PENALTIES AND AMENDMENTS OF REGULATIONS (EU) 2016/2031, 2017/625 AND 2018/848

AddedArticle 77 Reporting

Added1. By … [5 years after the date of application of this Regulation], and every five years thereafter, Member States shall transmit to the Commission a report on the following:

Added(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; [Am. 257]

Added(b) quantities of marketed PRM of heterogeneous material and areas used for their production per year and species;

Added(c) quantities of marketed PRM of conservation varieties per year and species;

Added(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; [Am. 258]

Added(e) number of gene banks, 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; [Am. 259]

Added(f) the quantities as defined per species for the seeds exchanged in kind between farmers, in accordance with Article 30; [Am. 260]

Added(g) the quantities authorised per species for PRM intended for tests and trials for the breeding of new varieties, in accordance with Article 31; [Am. 261]

Added(h) quantities of PRM per genera and species for which Article 33(4) has been applied;

Added(i) quantities of PRM per genera and species imported from third countries, in accordance with Article 39;

Added(j) penalties imposed in accordance with Article 78;

Added(k) number of professional operators established in their territory;

Added(ka) progress made in the conservation and sustainable use of plant genetic resources for food and agriculture, i.e. through the number of entities having notified their use of Article 29 and other related data. [Am. 331]

Added2. The Commission shall, by means of implementing acts, specify the technical formats for reporting made pursuant to paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).