Changes from plenary report to adopted text

RemovedArticle 26 – paragraph 3: 3. A professional operator who uses this derogation shall annually notify to the competent authority this activity.

Added(b) marketing;

RemovedArticle 27 – paragraph 1: 1. By way of derogation from Article 5, PRM of heterogeneous material, with the exclusion of the production and marketing of fodder plants listed in Annex I, may be produced and marketed within the Union without belonging to a variety. PRM of heterogeneous material shall be notified to and registered by the competent authority prior to its production and/or marketing, in accordance with the requirements set out in Annex VI.

Added(c) maintenance or multiplication of varieties; [Am. 39]

RemovedArticle 27 – paragraph 2: 2. By way of derogation from Article 7, Article 8, Article 13(2) and (5) and Articles 18 and 20, the PRM of heterogeneous material referred to in paragraph 1 shall be produced and marketed in accordance with the requirements set out in Annex VI.

Added(d) provision of services for identity and quality;

RemovedArticle 27 – paragraph 3 – subparagraph 1 – point c: (c) improve the rules on maintenance of heterogenous PRM, where applicable, on the basis of the emergence of best practices.

Added(e) preservation, storage, drying, processing, treating, packaging, sealing, labelling, sampling or testing;

RemovedArticle 27 – paragraph 4: 4. Any professional operator producing and/or intending to market PRM of heterogeneous material shall submit a notification to the competent authority prior to marketing. If no further information is requested by the national competent authority within three months by the competent authority, the PRM of heterogeneous material may be marketed.

Added(3) ‘marketing’ means the following commercial actions conducted by a professional operator: sale, holding, transfer for free, or offering for sale, including online sale, or any other way of transferring or distribution within, or import into, the Union aimed at the commercial exploitation of the PRM; [Am. 40]

RemovedArticle 27 – paragraph 5 – subparagraph 3 – point d: (d) the breeding or production location of the PRM of heterogeneous material;

Added(4) ‘variety’ means a variety as defined in Article 5(2) of Regulation (EC) No 2100/94;

RemovedArticle 27 – paragraph 5 – subparagraph 4: The competent authorities shall have access to the information referred to in this paragraph, in the context of post-marketing controls.

Added(5) ‘clone’ means:

RemovedArticle 27 – paragraph 7 – subparagraph 1: Heterogeneous material as notified pursuant to paragraph 1, shall be registered by the competent authorities in a dedicated register (‘heterogeneous material register’). The registration shall be free of charge to the professional operator.

Added(a) an individual plant progeny, originally derived from another single plant by vegetative reproduction, remaining genetically identical to that plant; or

RemovedArticle 27 – paragraph 7 – subparagraph 2: The competent authorities shall keep, update and publish that register, make it accessible online and notify immediately its content and updates to the Commission.

Added(b) the vegetative genetically uniform progeny of a single plant; [Am. 41]

RemovedArticle 28 – paragraph 1 – subparagraph 2: A professional operator who uses this derogation shall annually notify this activity to the competent authority.

Added(6) ‘selected clone’ means a clone that has been selected and chosen for some special intravarietal phenotypic traits and its phytosanitary status that give the selected clone a better performance, is true to the description of the variety of vines and those species of fruit trees in which such intravarietal variability has occurred, to which it belongs and, in the case of the selected clones not belonging to a variety, it is true to the description of the species to which it clone belongs; [Am. 42]

RemovedArticle 28 – paragraph 2: deleted / (deleted)

Added(7) ‘polyclonal plant reproductive material’ means propagating material obtained from a selection of a group of several distinct individual plant progenies derived from different at least seven genotypes, each of which is true to the description of the with the prediction of genetic gains, made through quantitative genetic tools, from the same experimental set of a specific ancient variety to which it belongs, containing most of its intra-varietal diversity; [Am. 43]

RemovedArticle 29 – title: PRM marketed to, by, between and within organisations and networks dedicated to dynamic conservation

Added(8) ‘multiclonal mixture’ means a mixture of selected clones, all belonging to the same variety or species, as appropriate, whereby each of them has been obtained through independent selection; [Am. 44]

RemovedArticle 29 – paragraph 1 – subparagraph 1: By way of derogation from Articles 5 to 25, PRM may be marketed to, by, between and within organisations and networks including farmers, dedicated to dynamic conservation whereby any of the activities are carried out for non-profit purposes.

Added(9) ‘competent authority’ means the central or regional authority of a Member State, or, where applicable, the corresponding authority of a third country, responsible for the organisation of official controls, registration, certification and other official activities concerning the production and marketing of PRM, or any other authority to which that responsibility has been conferred in accordance with Union law;

RemovedArticle 29 – paragraph 1 – subparagraph 2: It may also be marketed from those conservation organisations and networks or their members to persons who carry out dynamic conservation of that PRM as final consumers or for farming purposes.

Added(10) ‘official description’ means a description that has been established by a competent authority, includes the relevant characteristics of the variety and makes the variety identifiable as a result of the examination on its distinctness, uniformity and stability;

RemovedArticle 29 – paragraph 1 – subparagraph 3 – point a: (a) be listed in a register kept by those conservation organisations and networks with a basic description of that PRM, in the event that it does not belong to a variety registered in a national variety register referred to in Article 44;

Added(11) ‘officially recognised description’ means a written description of a conservation variety, which has been recognised by a competent authority, includes the specific characteristics of the variety, and has been obtained by other means than the examination of its distinctness, uniformity and stability;

RemovedArticle 29 – paragraph 1 – subparagraph 3 – point b: (b) be conserved by those conservation organisations and networks, and, where quantities allow it, samples of that PRM be made available by them to the competent authorities upon request; and

Added(12) ‘variety maintenance’ means the actions taken for controlling varietal purity and identity with the aim to ensure that a the variety remains in accordance with its characteristics remain true to their description over subsequent cycles of reproduction; [Am. 45]

RemovedArticle 29 – paragraph 1 – subparagraph 3 – point c: (c) be practically free from quality pests and any defects likely to impair its quality as a reproductive material.

Added(13) ‘seeds’ means seeds in the botanical sense;

RemovedArticle 29 – paragraph 2: 2. The conservation organisations and networks shall notify the competent authority of the use of the derogation referred to in paragraph 1 and the species concerned.

Added(14) ‘pre-basic seed’ means seed that belongs to a generation preceding the generation of the basic seed, is intended for the production and certification of basic or certified seed, and has been found by means of official certification, or certification under official supervision, to satisfy the respective conditions laid down in Part Parts A and D of Annex II; [Am. 46]

RemovedArticle 30 – title: PRM exchanged between farmers

Added(15) ‘basic seed’ means seed that has been produced from pre-basic seed or preceding generations of basic seed, is intended for the production of further generations of basic seed or certified seed, and which has been found by means of official certification, or certification under official supervision, to satisfy the respective conditions laid down in Part Parts A and D of Annex II; [Am. 47]

RemovedArticle 30 – paragraph 1 – introductory part: 1. By way of derogation from Articles 5 to 25, farmers may exchange PRM in kind or for monetary compensation, if such PRM fulfil all of the following conditions:

Added(16) ‘certified seed’ means seed that has been produced from pre-basic, basic or preceding generations of certified seed, and which has been found by means of official certification, or certification under official supervision, to satisfy the respective conditions laid down in Part Parts A and D of Annex II; [Am. 48]

RemovedArticle 30 – paragraph 1 – point 1: (1) is produced in the respective farmer’s own premises;

Added(17) ‘standard seed’ means seed, other than pre-basic, basic or certified seed, that is not intended for further multiplication, and satisfies the respective conditions laid down in Part Parts A and D of Annex III; [Am. 49]

RemovedArticle 30 – paragraph 1 – point 2: (2) is derived from the respective farmer’s own crops;

Added(18) ‘pre-basic material’ means PRM, other than seeds, that belongs to a generation preceding the generation of basic material, is intended for the production and certification of basic or certified material, and has been found by means of official certification or certification under official supervision to satisfy the respective conditions laid down in Part Parts B, C and E of Annex II; [Am. 50]

RemovedArticle 30 – paragraph 1 – point 3: (3) in the case of seeds, is not subject to a service contract conducted by the respective farmer with a professional operator performing seed production; and

Added(19) ‘basic material’ means PRM, other than seed, that has been produced from pre-basic material or preceding generations of basic material, is intended for the production and certification of further generations of basic material or certified material, and has been found by means of official certification or certification under official supervision to satisfy the respective conditions laid down in Part Parts B, C and E of Annex II; [Am. 51]

RemovedArticle 30 – paragraph 1 – point 4: (4) the PRM is used for dynamic management and conservation of the farmer’s own PRM for the purpose of contributing to agro-diversity.

Added(20) ‘certified material’ means PRM, other than seed, that has been produced from pre-basic, basic or preceding generations of certified material, and has been found by means of official certification or certification under official supervision to satisfy the respective conditions laid down in Part Parts B, C and E of Annex II; [Am. 52]

RemovedArticle 30 – paragraph 2 – introductory part: 2. Such PRM shall fulfil all of the following requirements:

Added(21) ‘standard material’ means PRM other than seed, and other than pre-basic, basic or certified material, that is not intended for further multiplication, and satisfies the respective conditions laid down in Part Parts B, C and E of Annex III; [Am. 53]

RemovedArticle 30 – paragraph 2 – point b: (b) to be limited in quantities, without using commercial intermediaries or public offer of marketing; and

Added(22) ‘official certification’ means official attestation by the competent authority of the compliance of pre-basic, basic or certified seed or material with the respective requirements of this Regulation, where all relevant inspections on site, sampling and testing including where appropriate control plot testing have been carried out by that authority, and if it has concluded that the seed or material concerned meets those requirements;

RemovedArticle 30 – paragraph 2 – point c: (c) to be practically free from quality pests and any defects likely to impact their quality and for seeds, shall have satisfactory germination capacity.

Added(23) ‘certification under official supervision’ means attestation by a specifically authorised professional operator that pre-basic, basic or certified seed or material complies with the applicable requirements, and where at least one or more of the relevant inspections, sampling, testing or label printing have been carried out by that professional operator, under the official supervision of the competent authority, and if it has concluded that the seed or material concerned meets those requirements;

RemovedArticle 30 – paragraph 3: deleted

Added(24) ‘category’ of PRM means a group or an individual unit of PRM that qualifies as pre-basic, basic, certified or standard seed or material and is identifiable by complying with specific identity and quality requirements;

RemovedArticle 30 a (new): Article 30a / Maximum quantity of each species which may be exchanged / The 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.

Added(25) ‘genetically modified organism’ means a genetically modified organism as defined in Article 2(2) of Directive 2001/18/EC of the European Parliament and of the Council (), excluding organisms obtained through the techniques of genetic modification listed in Annex I B to Directive 2001/18/EC;

RemovedArticle 31: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added(26) ‘lot’ means a unit of PRM, identifiable by its homogeneity of composition and origin;