Changes from report parliamentary committee draft to plenary report

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

AddedArticle 2 – paragraph 2 – point a: (a) to ensure quality, safety and diversity of choice for PRM, and its availability for professional operators, farmers and final users;

AddedArticle 2 – paragraph 2 – point b: (b) to ensure fair conditions for the competition of the professional operators across the Union and the functioning of the internal market in PRM;

AddedArticle 2 – paragraph 2 – point d: (d) to contribute to the dynamic conservation and sustainable use of plant genetic resources and agro-biodiversity;

AddedArticle 2 – paragraph 2 – point e: (e) to contribute to sustainable agricultural production, adapted to current and future projected climatic and soil conditions;

AddedArticle 2 – paragraph 2 – point f: (f) to contribute to food security and food sovereignty.

AddedArticle 2 – paragraph 3 – subparagraph 1: The Commission is empowered in accordance with Article 75 to adopt delegated acts, amending Annex I, in order to adapt that Annex to the developments of technical and scientific knowledge, and the economic data concerning production and marketing of genera and species, by adding genera and species to or removing them from the list in that Annex.

AddedArticle 2 – paragraph 3 – subparagraph 2 – introductory part: The delegated acts referred to in the first subparagraph shall add genera or species to the list in Annex I if they fulfil at least two of the following elements:

AddedArticle 2 – paragraph 3 – subparagraph 2 – point c a (new): (ca) present an interest in terms of environmental sustainability.

AddedArticle 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 to this Regulation which are exclusively used for ornamental purposes;

AddedArticle 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 to this Regulation which are exclusively used for forestry purposes; / 47 Regulation (EU) .../… of the European Parliament and of the Council …. (OJ…., p….)..

AddedArticle 2 – paragraph 4 – point c: (c) PRM produced solely for export to third countries;

AddedArticle 2 – paragraph 4 – point e: (e) PRM sold or transferred in any way, whether free of charge or not, for official testing, breeding, inspections, exhibitions or scientific purposes, including on-farm research and activities carried out by gene banks;

AddedArticle 2 – paragraph 4 – point e a (new): (ea) PRM accessed, sold or transferred in any way in small quantities as defined in Annex VIIa, whether free of charge or not, for the purpose of dynamic conservation as set out in Article 29;

AddedArticle 2 – paragraph 4 – point e b (new): (eb) PRM produced by farmers for their own use.

AddedArticle 3 – paragraph 1 – point 2 – introductory part: (2) ‘professional operator’ means any natural or legal person, involved professionally in one or more of the following activities in the Union concerning the commercial exploitation of PRM:

AddedArticle 3 – paragraph 1 – point 2 – point c: (c) maintenance or multiplication of varieties;

AddedArticle 3 – paragraph 1 – point 3: (3) ‘marketing’ means the following commercial actions conducted by a professional operator: sale, holding, 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;

AddedArticle 3 – paragraph 1 – point 5: (5) ‘clone’ means: / (a) an individual plant progeny, originally derived from another single plant by vegetative reproduction, remaining genetically identical to that plant; or / (b) the vegetative genetically uniform progeny of a single plant;

AddedArticle 3 – paragraph 1 – point 6: (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 occured, to which the selected clone belongs;

AddedArticle 3 – paragraph 1 – point 7: (7) ‘polyclonal plant reproductive material’ means propagating material obtained from a selection of a group of at least seven genotypes with the prediction of genetic gains, made through quantitative genetic tools, from the same experimental set of a specific ancient variety, containing most of its intra-varietal diversity;

AddedArticle 3 – paragraph 1 – point 8: deleted

AddedArticle 3 – paragraph 1 – point 12: (12) ‘variety maintenance’ means the actions taken for controlling varietal purity and identity with the aim to ensure that the variety characteristics remain true to their description over subsequent cycles of reproduction;

AddedArticle 3 – paragraph 1 – point 14: (14) ‘pre-basic seed’ means seed that belongs to a generation preceeding 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 Parts A and D of Annex II;

AddedArticle 3 – paragraph 1 – point 15: (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 Parts A and D of Annex II;

AddedArticle 3 – paragraph 1 – point 16: (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 Parts A and D of Annex II;

AddedArticle 3 – paragraph 1 – point 17: (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 Parts A and D of Annex III;

AddedArticle 3 – paragraph 1 – point 18: (18) ‘pre-basic material’ means PRM, other than seeds, that belongs to a generation preceeding 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 Parts B, C and E of Annex II;

AddedArticle 3 – paragraph 1 – point 19: (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 Parts B, C and E of Annex II;

AddedArticle 3 – paragraph 1 – point 20: (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 Parts B, C and E of Annex II;

AddedArticle 3 – paragraph 1 – point 21: (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 Parts B, C and E of Annex III;

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

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

AddedArticle 3 – paragraph 1 – point 29 – point a a (new): (aa) not an F1 hybrid variety;

AddedArticle 3 – paragraph 1 – point 29 – point b: (b) characterised by a satisfactory level of genetic and phenotypical diversity between individual reproductive units;

AddedArticle 3 – paragraph 1 – point 29 – point b a (new): (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;

AddedArticle 3 – paragraph 1 – point 30 – point c: (c) their presence has an unacceptable impact on the quality of the PRM, and an unacceptable economic impact as regards the use of that PRM in the Union;

AddedArticle 3 – paragraph 1 – point 31: (31) ‘practically free from quality pests’ means a situation where the presence of quality pests on the respective PRM is so low that those pests do not affect excessively the quality of that PRM;

Article 3 – paragraph 1 – point 32: (32) ‘seed potatoes’ means tubers of Solanum tuberosum L., used for the reproduction of potatoes;

Change 2

AddedArticle 3 – paragraph 1 – point 35 a (new): (35a) ‘dynamic conservation’ means the preservation of genetic diversity within and between cultivated plant species, and includes both the in situ conservation, whether on farm or in garden, the ex situ conservation outside of their natural habitat, and the 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;

AddedArticle 3 – paragraph 1 – point 35 b (new): (35b) ‘NGT plant’ means plants obtained by certain new genomic techniques as defined in Article 3, point 2 of Regulation (EU) .../... [OJ, please insert reference to Regulation on plants obtained by certain new genomic techniques and their food and feed] of the European Parliament and of the Council];

AddedArticle 3 – paragraph 1 – point 35 c (new): (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;

AddedArticle 3 – paragraph 1 – point 35 d (new): (35d) ‘small packages’ means packages containing seed or material up to a maximum of: / (a) 30 kg for cereals, seed potatoes; / (b) 10 kg for fodder plants, beet, oil and fibre plants; / (c) 5 kg for legumes; / (d) 500 g for onions, chervil, asparagus, spinach beet or chard, red beet or beetrood, turnips, water melon, gourd, marrows, carrots, radishes, scorzonera or black salsify, spinach, cornsalad or lamb's lettuce; / (e) 100 g for all other species of vegetables; / (f) in the case of fruit and vine cuttings, 100 individuals with at least five useable eyes.

AddedArticle 5 – paragraph 1 – point e: (e) as PRM exchanged between farmers in accordance with Article 30;

AddedArticle 5 – paragraph 1 – point f: deleted

AddedArticle 6 – paragraph 2 – point d: (d) as PRM exchanged between farmers in accordance with Article 30;

AddedArticle 6 – paragraph 2 – point e: deleted

AddedArticle 7 – paragraph 1 – point b – point ii: (ii) in accordance with the requirements set out in Parts A and D of Annex II, and its compliance with those requirements is attested by the official label referred to in Article 15(1).

AddedArticle 7 – paragraph 2 – point b – point ii: (ii) in accordance with the requirements set out in Parts B and E of Annex II, and its compliance with those requirements is attested by the official label referred to in Article 15(1).

AddedArticle 7 – paragraph 3 – introductory part: 3. The Commission is empowered to adopt delegated acts in accordance with Article 75, in order to amend Annex II. Those amendments shall adapt to the developments of international technical and scientific standards and shall only concern the requirements for the following:

AddedArticle 7 – paragraph 3 – point g: (g) production and marketing of pre-basic, basic and certified material of selected clones;

AddedArticle 7 – paragraph 4 – subparagraph 1 – introductory part: The Commission may adopt implementing acts specifying the production and marketing requirements referred to in Annex II for certain genera, species or categories of PRM, and, where appropriate, for certain grades, classes, generations or other sub-divisions of the category concerned. Those requirements shall concern one or more of the following elements

AddedArticle 7 – paragraph 4 – subparagraph 1 – point f: (f) germination rates, purity and content of other PRM, moisture, presence of earth or extraneous matter;

AddedArticle 7 – paragraph 4 – subparagraph 2: Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 76(2), in order to adapt to the developments of the relevant international technical and scientific standards and taking into account the possible implications for PRM production and availability and for small operators. Those implementing acts shall be proportionate to the category of PRM.

AddedArticle 8 – paragraph 1 – point b – point ii: (ii) in accordance with the requirements set out in Parts A and D of Annex III, and its compliance with those requirements is attested by the operator’s label referred to in Article 16.

AddedArticle 8 – paragraph 2 – point b – point ii: (ii) in accordance with the requirements set out in Parts B and E of Annex III, and its compliance with those requirements is attested by the operator’s label referred to in Article 16.

AddedArticle 8 – paragraph 3: deleted

AddedArticle 8 – paragraph 4 – point g: (g) requirements for production and marketing of polyclonal PRM of standard material;

AddedArticle 8 – paragraph 4 a (new): 4a. Before adopting the delegated acts referred to in paragraph 4, concerning the requirements referred to in points (a) to (i) thereof, the Commission shall assess the implementation of those requirements, taking into account the possible implications for PRM production and availability and for small operators. Those delegated acts shall be proportionate to the category of PRM.

AddedArticle 8 – paragraph 5 – subparagraph 1 – introductory part: The Commission may adopt implementing acts specifying the production and marketing requirements referred to in Annex III for certain genera or species of standard seed or material. Those requirements shall concern one or more of the following elements: