Changes from plenary report to adopted text

AddedArticle 78 Penalties

Added1. 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. [Am. 262]

Added2. Member States shall ensure that financial penalties for violations of this Regulation, perpetrated through fraud are equal, in accordance with national law, at least either to the acquired economic advantage for the professional operator or to a percentage of the professional operator’s turnover.

AddedArticle 79 Amendments of Regulation (EU) 2016/2031

AddedIn Article 37 of Regulation (EU) 2016/2031, paragraph 4 is replaced by the following:

Added‘4. The Commission shall, by means of an implementing act, where appropriate, set out measures to prevent the presence of Union regulated non-quarantine pests on the plants for planting concerned, as referred to in Article 36, point (f). Those measures shall, where appropriate, concern the introduction into, and the movement within, the Union of those plants.’

AddedArticle 80 Amendments of Regulation (EU) 2017/625

AddedRegulation (EU) 2017/625 is amended as follows:

Added(1) in Article 1, paragraph 2, the following point is added:

Added‘(k) production and marketing of plant reproductive material.;’

Added(2) in Article 3, the following point is added:

Added‘(52) ‘plant reproductive material’ means plant reproductive material as defined in Article 3(1) of Regulation (EU) …/… of the European Parliament and the Council(*)+’;

Added_________

Added(*) Regulation (EU) …/… of the European Parliament and of the Council …. (OJ …, p…). [footnote that will be in that regulation goes here]

Added[+ OJ: Please insert in the text the number of this Regulation and insert the number, date, title and OJ reference of this Regulation in the footnote.]’

Added(3) the following article is inserted after Article 22:

Added‘Article 22a

AddedSpecific rules on official controls and for action taken by the competent authorities in relation to plant reproductive material

Added1. Official controls to verify compliance with the rules referred to in Article 1(2), point (k), shall include official controls on plant reproductive material, operators and other persons subject to those rules.

Added2. The Commission is empowered to adopt delegated acts in accordance with Article 144 to supplement this Regulation by laying down rules for the performance of official controls on plant reproductive material in order to verify compliance with Union rules referred to in Article 1(2), point (k), applicable to those goods and for action taken by the competent authorities following the performance of those official controls.

AddedThose delegated acts shall lay down rules on specific requirements for the performance of such official controls on:

Added(a) the import into, and marketing within, the Union of particular plant reproductive material subject to the rules referred to in Article 1(2), point (k), concerning its identification and quality, and

Added(b) specific requirements for the performance of such official controls on the activities of operators during the production of particular plant reproductive material subject to the rules referred to in Article 1(2), point (k).

Added3. The Commission shall, by means of implementing acts, lay down rules on uniform practical arrangements for the performance of official controls on plant reproductive material in order to verify compliance with Union rules referred to in Article 1(2), point (k), applicable to those goods and for action taken by the competent authorities following such official controls on:

Added(a) uniform minimum frequency of such official controls, where a minimum level of official control is necessary to respond to recognised uniform risks of non-compliance with the rules on plant reproductive material of a particular origin or provenance;

Added(b) uniform frequency of official controls performed by competent authorities on operators authorised to carry out certification under official supervision in accordance with Article 12(1) of Regulation (EU) …/…++

AddedThose implementing acts shall be adopted in accordance with the examination procedure referred to in Article 145(2).

Added_________

Added++ OJ: Please insert in the text the number of this Regulation.

Added4. For the purposes of Article 30, the delegation of certain official control tasks, referred to in this Article, to one or more natural persons shall be allowed.;’

Added(4) in Article 40(1), the following point is added:

Added‘(c) laboratories which are accredited by the International Seed Testing Association to carry out analyses, tests and diagnoses on seed samples.’

AddedArticle 81 Amendment of Regulation (EU) 2018/848

AddedRegulation (EU) 2018/848 is amended as follows:

Added(1) Article 3 is amended as follows:

Added(a) point (17) is replaced by the following:

Added‘(17) ‘plant reproductive material’ means plant reproductive material as defined in Article 3(1) of Regulation (EU) …/… of the European Parlament and Council(*)+;’;

Added____________

Added(*) Regulation (EU) …/… of the European Parliament and of the Council …. (OJ …, p…). [footnote that will be in that regulation goes here]

Added[+ OJ: Please insert in the text the number of this Regulation and insert the number, date, title and OJ reference of this Regulation in the footnote.]’

Added(b) point (18) is replaced by the following:

Added‘(18) ‘organic heterogeneous material’ means heterogeneous material as defined in Article 3(27) of Regulation (EU) …/…(*)++ , produced in accordance with this Regulation;’

Added____________

Added(*) Regulation (EU) …/… of the European Parliament and of the Council …. (OJ …, p…). [footnote that will be in that regulation goes here]

Added[++ OJ: Please insert in the text the number of this Regulation.]’

Added(2) Article 13 is deleted.

Added(3) The second paragaph of Point 1.8.4. of Part I of Annex II to Regulation (EU) 2018/848 is replaced by the following: “ All multiplication practices, except plant tissue cultures, cell cultures, germplasm, meristems, chimaeric clones, micro-propagated material, shall be carried out under certified organic management”. [Am. 263]

AddedCHAPTER VII FINAL PROVISIONS

AddedArticle 82 Repeals

AddedDirectives 66/401/EEC, 66/402/EEC, 68/193/EEC, 2002/53/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC and 2008/90/EC are repealed.

AddedReferences to those repealed acts shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VIII.

AddedArticle 83 Entry into force and application

AddedThis Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

AddedIt shall apply from … [36 months from the date of the entry into force of this Regulation].

AddedHowever,

Added(a) Article 40(4) shall apply from three days after the entry into force of this Regulation;

Added(b) Article 52 shall apply from ... [60 months from the date of the entry into force of this Regulation] for the species, provided that the respective examination requirements, methodologies and standards for assessing the characteristics listed in Parts B and C of Annex I Article 52(1), second subparagraph, points (a) to (gb), exist. It shall be binding in its entirety and directly applicable in all Member States. [Am. 264]

AddedDone at …,

AddedFor the European Parliament For the Council

AddedThe President The President