Changes from report parliamentary committee draft to plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

▸7 unchanged paragraphs

on the proposal for a regulation of the European Parliament and of the Council on the production and marketing of plant reproductive material in the Union, amending Regulations (EU) 2016/2031, 2017/625 and 2018/848 of the European Parliament and of the Council, and repealing Council Directives 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 (Regulation on plant reproductive material)

(COM(2023)0414 – C90236/2023 – 2023/0227(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0414),

– having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90236/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

Changed– having regard to the opinion of the European Economic and Social Committee of [xxx],13 December 2023,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinion of the Committee on the Environment, Public Health and Food Safety,

Changed– having regard to the report of the Committee on Agriculture and Rural Development (A90000/2023),(A9-0149/2024),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

RemovedArticle 1 – paragraph 2: This Regulation also lays down rules concerning the conditions of cultivation of certain varieties that could have undesirable agronomic effects for the production of food, feed and other products.

AddedTitle 1: on the production and marketing of plant reproductive material in the Union, amending Regulations (EU) 2016/2031 and (EU) 2017/625 of the European Parliament and of the Council, and repealing Council Directives 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 (Regulation on plant reproductive material)

RemovedThis regulation has a main goal related to the PRM, therefore can have only a link, but not an aim, related to the “conditions of cultivation”.

AddedCitation 4 a (new): – having regard to the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas of the UN, adopted by the Human Rights Council on 28 September 2018,

RemovedArticle 2 – paragraph 1 – subparagraph 3: The requirements concerning production of PRM shall apply only to production with a view to its marketing or import within the Union.

AddedRecital 4: (4) PRM constitutes the starting material for plant production in the Union. Therefore, it is critical for the production of raw material for food and feed purposes and for the efficient use of plant resources. It aims to contribute to environmental protection and the quality of the food chain and food supply in the Union as a whole. In this regard, the availability of high quality and diversity of PRM, including locally adapted varieties that can have the benefit of having a higher tolerance to biotic and abiotic stress, appears to be of outmost importance to achieve the transition to sustainable food systems called for in the Farm to Fork Strategy36 , agriculture, horticulture, environmental protection, climate change mitigation and adaptation, food and feed security, and the economy in general.

RemovedAddition in accordance with paragraph 4 letter c of this article and article 39 of this regulation.

AddedRecital 5: (5) In order to achieve this transition to sustainable food systems, the Union legislation should therefore take account of the need to ensure at Member State and Union level the adaptability of the PRM production to the changing agricultural, horticultural and environmental conditions, to face the challenges of climate change, to protect, restore and promote biodiversity and ensure food security and to meet increasing farmers’ and consumers’ expectations related to quality, safety, diversity and sustainability of PRM. This Regulation should stimulate innovation for the development of resilient PRM that would contribute to the enhancement of crops that promote soil health.

RemovedArticle 2 – paragraph 4 – point a: (a) propagating material of ornamental plants as defined in Article 2 of Directive 98/56/EC, and propagating material of genera or species listed in Annex I exclusively used for ornamental purposes;

AddedRecital 12: (12) This Regulation should cover neither PRM exported to third countries, nor PRM sold or transferred in any way for official testing, breeding, inspections, exhibitions or scientific purposes, including on-farm research. This is because such categories of PRM do not require particular harmonised identity or quality standards and do not compromise the identity and quality of other PRM marketed in the Union.

RemovedArticle 2 – paragraph 4 – point b: (b) forest reproductive material as defined in Article 3 of Regulation (EU) .../… of the European Parliament and of the Council47 + and propagating material of genera or species listed in Annex I exclusively used for forestry purposes;

AddedRecital 13 a (new): (13a) This Regulation should not cover PRM accessed, sold or transferred in any way in limited quantities as defined in Annex VIIa, whether free of charge or not, for the purpose of dynamic conservation as that type of PRM does not require particular harmonised identity or quality standards and does not compromise the identity and quality of other PRM marketed in the Union.

RemovedAmendments "a" & "b" in order to clarify the aims and areas that fall under this regulation.With focus on the multiple and crossing aims of some varieties/species produced with an ornamental or agricultural (food production) purpose. With focus on the multiple and crossing aims of some varieties/species identifiable and produced as PRM and/or FRM. For example chestnut tree.

AddedRecital 18 a (new): (18a) Rules for the in vitro production of clones and their marketing should also be established.

RemovedArticle 2 – paragraph 4 – point c: (c) PRM produced for export to third countries outside commercial activities and for private use only and linked to conservation and biodiversity goals of the PRM.

AddedRecital 19: (19) Specific rules should be established for the production and marketing of selected clones, and of polyclonal PRM, due to its increased importance and use in the PRM sector. In order to ensure transparency, informed choices for their users and effective official controls, the selected clones and polyclonal PRM should be registered in a special public register established by the competent authorities.

RemovedAmendments, in order to clarify the aims and areas that fall under this regulation and its main goal of the PRM produced as a market product. Moreover, to underline the key role, plaid by the sustainability and biodiversity in this regulation.

AddedRecital 32: (32) Certain types of varieties do not fulfil the established requirements concerning distinctness, uniformity and stability. However, they are important for the conservation and sustainable use of plant genetic resources, which are crucial for crop genetic diversity and essential for adaptation to environmental changes and future needs. They are traditionally grown or new locally produced varieties under specific local conditions and adapted to those conditions. They are characterised, in particular, by reduced uniformity due to a satisfactory level of genetic and phenotypical diversity between individual reproductive units. Those varieties are referred to as ‘conservation varieties’. It is appropriate to acknowledge that the conservation of genetic resources is a dynamic process and that newly bred varieties adapted to local conditions should be included. The production and marketing of those varieties contribute to the objectives of the International Treaty on Plant Genetic Resources for Food and Agriculture to promote the conservation and sustainable use of plant genetic resources for food and agriculture (40 ). As a party to the Treaty the Union has committed to support those objectives.

RemovedArticle 3 – paragraph 1 – point 3: (3) ‘marketing’ means the following commercial actions conducted by a professional operator: sale, holding, transfer for free, or offering for sale or any other way of transferring or distribution within, or import into, the Union;

AddedRecital 35: (35) Many organisations and networks operate in the Union with an objective of dynamic conservation. In order to facilitate their activity, it is appropriate to allow that PRM which is marketed to, by, between and within them, derogates from the established production and marketing requirements, and that instead it complies with less stringent rules.

RemovedAmendment in order to keep the focus of the regulation on marketing.

AddedRecital 36: (36) Farmers habitually exchange in kind or for monetary compensation small quantities of seeds in order to carry out dynamic management of their own PRM. It is thus appropriate that a derogation from the established requirements is provided for the exchanges of small quantities of PRM between farmers, with maximum quantities to be set at Union level. Such derogation could apply if those PRM do not belong to a variety for which plant variety rights have been granted in accordance with Council Regulation (EU) 2100/94(41). The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of supplementing this Regulation, in order to set up, for each species, the maximum quantity which may be exchanged.

RemovedArticle 3 – paragraph 1 – point 5: (5) ‘clone’ means:

AddedRecital 38: (38) The use of PRM that does not belong to a variety pursuant to this Regulation, but rather belongs to a plant grouping within a single botanical taxon, with a high level of genetic and phenotypic diversity between individual reproductive units (‘heterogeneous material’), could have benefits especially in organic production and low input agriculture, through improving resilience and increasing the within-species genetic diversity of cultivated plants. Therefore, PRM of heterogeneous material, with the exception of fodder plants, should be allowed to be produced and marketed without having to comply with the requirements for variety registration and the other production and marketing requirements of this Regulation. Specific requirements for the production and marketing of that material should be set out.

RemovedArticle 3 – paragraph 1 – point 5 – point a (new): (a) an individual plant progeny, originally derived from another single plant by vegetative reproduction, remaining genetically identical to that plant; or

AddedRecital 38 a (new): (38a) Heterogeneous material should not consist of a GMO or a category 1 or category 2 NGT plant as defined in Regulation (EU).../... .

RemovedArticle 3 – paragraph 1 – point 5 – point b (new): (b) the vegetative genetically uniform progeny of a single plant.

AddedRecital 42: (42) Specific proportionate obligations should be introduced for professional operators active in the area of the production with a view to marketing and marketing of PRM, to ensure their accountability, more effective official controls and proper application of this Regulation. However, the specific characteristics and limitations of micro-enterprises should be taken into consideration.

RemovedAmendments "a" & "b" are two technical specification given that the proposed definition did not include the fruits plant description of clones. It was include the specific definition of clone currently defined in the directive 2008/90 article 2,4.

AddedRecital 48: (48) Herbicide tolerant varieties are varieties that have been bred to be intentionally tolerant to herbicides, in order to be cultivated in combination of the use of those herbicides. If such cultivation is not done under appropriate conditions, it may lead to development of weeds resistant to those herbicides, spread of such resistance genes in the environment or to the need to increase of quantities of herbicides applied. As this Regulation aims to contribute to the sustainability of agricultural production, the competent authorities of Member States responsible for the registration of varieties and the Member States where the varieties are to be cultivated, should be able to subject the cultivation of those varieties in their territory to cultivation conditions appropriate for avoiding those undesirable effects. Moreover, where varieties have particular characteristics, other than tolerance to herbicides, that could have undesirable agronomic effects, they should also be subject to cultivation conditions, in order to address those agronomic effects. Those conditions should apply to the cultivation of those varieties for any purpose, including food, feed and other products, and not only for purposes of production and marketing of PRM. This is necessary to achieve the objectives of this Regulation to contribute to sustainable agricultural production beyond the stage of production and marketing of PRM.

RemovedArticle 3 – paragraph 1 – point 12: (12) ‘variety maintenance’ means the actions taken for controlling varietal purity and identity with the aim to ensure that a variety remains unchanged in the expression of the characteristics included in the variety description over subsequent cycles of reproduction;

AddedRecital 49: (49) In order to contribute to the sustainability of agricultural production and serve economic, environmental and broader societal needs, new varieties should show an improvement compared to the other varieties of the same genera or species registered in the same national variety register, concerning certain agronomic, use and environmental aspects. Among those aspects are their yield, including yield stability and yield under low input conditions; tolerance/resistance to biotic stresses, including plant diseases caused by nematodes, fungi, bacteria, viruses, insects and other pests; tolerance/resistance to abiotic stresses, including adaptation to climate change conditions; more efficient use of natural resources, such as water and nutrients; reduced need for external inputs, such as plant protection products and fertilisers; characteristics that enhance the sustainability of cultivation, harvesting, storage, processing, distribution and use; and quality, or nutritional characteristics (‘value for sustainable cultivation and use’) or characteristics important for processing. For the purpose of deciding on the variety registration and in order to provide sufficient flexibility to register varieties with the most desirable characteristics, those aspects should be considered for a given variety as a whole. Given the significant resources and preparation needed for that examination, for species listed in Parts B and C of Annex I it should be performed in a voluntary way. In cas…

RemovedThis is a technical clarification

AddedRecital 55: (55) There should be the possibility to carry out the technical examination for the satisfactory value for sustainable cultivation and use of a variety on the premises of the applicant and under the official supervision of the competent authority in the voluntary system. This could ease the administrative burden, ensure the availability of testing facilities and reduce costs for the competent authorities. However, the competent authority should be in charge of the testing arrangements. Moreover, professional operators involved in the breeding of new varieties, and on the basis of their co-operation with the competent authorities, have proven qualified to carry out such examinations as they possess the respective expertise, knowledge and appropriate resources. However, in cases where the examination is a mandatory condition for access to the register, that examination should be carried out only by the competent authority.

RemovedArticle 3 – paragraph 1 – point 27 – point d a (new): (da) is not an open pollinated out-crossing species.

AddedRecital 57: (57) The period of the registration of a variety should be 10 years, so as to encourage innovation in the breeding sector, and the removal from the market of old varieties and their replacement by new ones. However, that period should be 30 years for varieties of genera or species of fruit plants and vine and for conservation varieties, due to the longer time required for the completion of the productive cycle of those genera or species.

RemovedFor some species defined as "open pollinated" is impossible to distinguish between standard material and heterogeneous material

AddedRecital 64: deleted

RemovedArticle 3 – paragraph 1 – point 28: (28) ‘final user’ means any person acquiring and using PRM for purposes which are outside that person’s main professional activities;

AddedRecital 85: (85) The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of supplementing this Regulation by specific rules on the organisation of temporary experiments to seek improved alternatives to the scope and certain provisions of this Regulation.

RemovedFirst amendment First change, it is in compliance with article 2,4, letter d, and the second one is in order to have a more broad definition.

AddedArticle 1 – paragraph 1: This Regulation lays down rules for the production with a view to marketing in the Union of plant reproductive material (‘PRM’), and for the marketing in the Union of PRM, and in particular requirements for the production of PRM in the field and other sites, categories of material, identity and quality requirements, certification, labelling, packaging, imports, professional operators and the registration of varieties.

RemovedArticle 3 – paragraph 1 – point 29 – point a: (a) either a traditionally grown landrace or a newly bred variety (modern landrace) derived from participatory on-farm selection and bred for adaptation to local conditions in the context of the sustainable use of plant genetic resources for food and agriculture;

AddedArticle 1 – paragraph 2: This Regulation also lays down rules concerning the conditions of cultivation of certain varieties that are tolerant to herbicides or could have undesirable agronomic effects, including cultivation for purposes beyond the production and marketing of PRM, for the production of food, feed and other products.

RemovedArticle 3 – paragraph 1 – point 29 – point b: (b) characterised by a certain level of genetic diversity between individual reproductive units;