Changes from plenary report to adopted text

RemovedArticle 32 – paragraph 1 – subparagraph 1 – introductory part: 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:

Added(27) ‘heterogeneous material’ means a plant grouping within a single botanical taxon of the lowest known rank which:

RemovedArticle 32 – paragraph 1 – subparagraph 2: Such authorisation may be granted 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 limited quantities per species as specified by the competent authority in correlation with the volume of production at Member State level.

Added(a) presents common phenotypic characteristics;

RemovedArticle 32 – paragraph 1 – subparagraph 2 a (new): This derogation shall not apply to PRM consisting of a genetically modified organism within the meaning of Directive 2001/18/EC.

Added(b) is characterised by a high level of genetic and phenotypic diversity between individual reproductive units, so that that plant grouping is represented by the material as a whole, and not by a small number of units;

RemovedArticle 32 – paragraph 2 – introductory part: 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 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:

Added(c) is not a variety; and

RemovedArticle 32 – paragraph 3 – point a: deleted

Added(d) is not a mixture of varieties;

RemovedArticle 32 – paragraph 3 – point e: deleted

Added(28) ‘final user’ means any person acquiring, transferring and using PRM for purposes which are outside that person’s primary professional activities; [Am. 54]

RemovedArticle 32 – paragraph 3 – point f: deleted

Added(29) ‘conservation variety’ means a variety that is:

RemovedArticle 33 – paragraph 1 – subparagraph 1 – introductory part: 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 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:

Added(a) either a traditionally grown landrace or locally a newly bred under specific variety (modern landrace) derived from on-farm selection or bred for adaptation to local conditions in the Union, and adapted to those conditions context of the sustainable use of plant genetic resources for food and agriculture; and [Am. 55]

RemovedArticle 33 – paragraph 1 – subparagraph 3: That delegated act shall set out the maximum quantities, which may be marketed per genera or species.

Added(aa) not an F1 hybrid variety; [Am. 56]

RemovedArticle 33 – paragraph 1 – subparagraph 4: deleted

Added(b) characterised by a high satisfactory level of genetic and phenotypical diversity between individual reproductive units; [Am. 57]

RemovedArticle 33 – paragraph 3: 3. The Commission is empowered to adopt delegated acts in accordance with Article 75, amending this Regulation, in order to decide 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.

Added(ba) not subject, as a whole or in genetic components, to intellectual property rights that limit its use for conservation, research, breeding, education, including on farm by a farmer who uses the PRM grown on the farm, of that variety for those objectives; [Am. 58]

RemovedArticle 33 – paragraph 4 a (new): 4a. The Member State that uses the derogation referred to in paragraph 4 shall notify it to the Commission.

Added(30) ‘quality pests’ means pests fulfilling all of the following:

RemovedArticle 33 – paragraph 4 b (new): 4b. This exceptional authorisation shall not apply to PRM consisting of a genetically modified organism within the meaning of Directive 2001/18/EC.

Added(a) they are not Union quarantine pests, protected zone quarantine pests, or regulated non-quarantine pests (‘RNQPs’) within the meaning of Regulation (EU) 2016/2031, nor pests subject to the measures adopted pursuant to Article 30(1) of that Regulation;

RemovedArticle 35 – paragraph 1 – point c: (c) the requirements set out in paragraphs 2 to 5a are fulfilled.

Added(b) they occur during PRM production or storage; and

RemovedArticle 35 – paragraph 5 a (new): 5a. This derogation shall not apply to PRM consisting of a genetically modified organism within the meaning of Directive 2001/18/EC.

Added(c) their presence has an unacceptable adverse impact on the quality of the PRM, and an unacceptable economic impact as regards the use of that PRM in the Union; [Am. 59]

RemovedArticle 36 – paragraph 1 – subparagraph 1: The Commission, by means of implementing acts, may authorise the Member States to impose, with regards to production and marketing of PRM, more stringent production or marketing requirements than those referred to in Articles 7 and 8, in all or part of the territory of the Member State concerned, provided that those more stringent requirements correspond to specific production conditions in, and agro-climatic needs of, that Member State in regard to the respective PRM and do not prohibit, impede or restrict the free movement of PRM that is in conformity with this Regulation.

Added(31) ‘practically free from quality pests’ means completely free from pests, or a situation where the presence of quality pests on the respective PRM is so low that those pests do not affect adversely excessively the quality of that PRM; [Am. 60]

RemovedArticle 36 – paragraph 2 – point b: (b) a justification on the necessity and proportionality of such requirements in light of possible additional costs of production and marketing.

Added(32) ‘seed potatoes’ means tubers of Solanum tuberosum L., used for the reproduction of other potatoes; [Am. 61]

RemovedArticle 37 – paragraph 1 – subparagraph 1 a (new): By way of derogation from the first subparagraph, in the case of lack of compliance with refuge requirements or with other requirements imposed on cultivation of varieties containing or consisting of genetically modified organisms, the measures restricting or prohibiting the marketing of the PRM concerned shall be put in place until full compliance is restored.

Added(33) ‘farmer’ means farmer as defined in Article 3(1) of Regulation (EU) 2021/2115 of the European Parliament and of the Council;

RemovedArticle 37 – paragraph 2: 2. Where a Member State officially informs the Commission of the need to take emergency measures and the Commission has not acted in accordance with paragraph 1, that Member State may adopt the appropriate, proportionate and time-limited interim emergency measures. Those measures may include provisions restricting, prohibiting or laying down appropriate conditions for the production or marketing of PRM within the territory of that Member State, depending on the gravity of the situation. The Member State concerned shall immediately inform the other Member States and the Commission of the measures adopted and the time period they cover, stating the grounds for its decision. That approach permits a Member State to act quickly and effectively in emergency situations to protect health, the environment and economic interests.

Added(34) ‘off-type’ means, in relation with seed or other plants, a seed or other PRM not corresponding to the description of the variety or species to which it is supposed to belong pursuant to this Regulation;

RemovedArticle 38 – paragraph 1 – subparagraph 1: By way of derogation from Articles 2, 5, 6, 7, 8, 9, 20, 26, 27 and 47 to 53, the Commission is empowered to adopt delegated acts in accordance with Article 75 in order to supplement this Regulation by organising temporary experiments to seek improved alternatives to provisions of this Regulation concerning the genera and species it applies to, the requirements for belonging to registered PRM or the production and marketing requirements for pre-basic, basic, certified and standard material or seed, and the obligation to belong to pre-basic, basic and certified material or seed, production and marketing requirements for heterogeneous material, and the obligation to belong to pre-basic, basic and certified material or seed.

Added(35) ‘hybrid variety’ means a variety produced as a result from the crossbreeding of two or more other varieties;

RemovedArticle 38 – paragraph 1 – subparagraph 2: Those experiments may take the form of technical or scientific trials examining the feasibility and appropriateness of new requirements compared to the ones set out in Articles 2, 5, 6, 7, 8, 9, 20, 26, 27 and 47 to 53 of this Regulation.

Added(35a) ‘dynamic conservation’ means the preservation of genetic diversity within and between cultivated plant species, and includes both in situ conservation and ex situ conservation, with the aim of a sustainable use of plant genetic resources and agro-biodiversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining the potential to meet the needs and aspirations of present and future generations; [Am. 354]

RemovedArticle 38 – paragraph 2 – subparagraph 1 – introductory part: The delegated acts referred to in paragraph 1 shall specify one or more of the following elements:

Added(35b) ‘NGT plant’ means plants obtained by certain new genomic techniques as defined in Article 3, point 2 of Regulation (EU) .../... [NGT Regulation] of the European Parliament and of the Council; [Am. 63]

RemovedArticle 38 – paragraph 2 – subparagraph 2: Those delegated acts shall adapt to the evolution of techniques for production of the PRM concerned, and shall be based on any comparative trials carried out by the Member States.

Added(35c) 'commercial seed' means seed produced and marketed for mixtures referred to in Article 21 which is identifiable as belonging to a species, but not a variety, and which has been found by official certification or by certification carried out under official supervision to satisfy the conditions set out in this Regulation for certified seed with the exception of the requirement in Article 5; [Am. 64]

RemovedArticle 38 – paragraph 3: 3. The Commission shall review the results of those experiments and summarise them in a report, indicating, if necessary, the need to amend Articles 2, 5 to 9, 20, 26, 27 and 47 to 53.

Added(35d) ‘small packages’ means packages containing seed or material up to a maximum of:

RemovedArticle 39 – paragraph 1 – subparagraph 2: However, such import shall not be authorised, nor shall such equivalence be recognised under paragraph 2, for the PRM referred to in Articles 22 to 29, except where it originates in neighbouring countries.

Added(a) 10 kg for cereals;

RemovedArticle 40 – paragraph 1 – subparagraph 3 – point g: (g) the name of the final user, farmer or professional operator importing the PRM.

Added(b) 5 kg for fodder plants, beet, oil and fibre plants;

RemovedArticle 40 – paragraph 2 – point g: (g) the name of the final user, farmer or professional operator importing the PRM.

Added(c) 10 kg for seed potatoes;

RemovedArticle 41 – paragraph 1 – introductory part: Professional operators, which produce PRM with the aim of commercial exploitation, shall:

Added(d) 500 g for legumes;

RemovedArticle 41 – paragraph 1 – point e: (e) keep records of the monitoring of the critical points referred to in point (d) and provide them for examination when requested by the competent authorities;

Added(e) 100 g for onions, chervil, asparagus, spinach beet or chard, red beet or beetroot, turnips, water melon, gourd, marrows, carrots, radishes, scorzonera or black salsify, spinach, corn salad or lamb's lettuce;

RemovedArticle 41 – paragraph 1 a (new): The requirements laid down in paragraph 1, points (d) and (e), shall not apply to micro-enterprises.

Added(f) 20 g for other species of vegetables;