Changes from report parliamentary committee draft to plenary report

AddedArticle 22 – paragraph 1 – subparagraph 1 – point b: (b) they are naturally associated with a particular area (‘region of origin’) contributing to the conservation of genetic resources or the restoration of the natural environment;

AddedArticle 22 – paragraph 1 – subparagraph 1 – point c: (c) they comply with the requirements of Annex V.

AddedArticle 22 – paragraph 1 – subparagraph 1 – point c a (new): (ca) they do not consist of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 1 or 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… OJNGT Regulation].

AddedArticle 22 – paragraph 1 – subparagraph 2: Such mixtures constitute ‘preservation mixtures’ and this shall be mentioned on their label.

Article 22 – paragraph 2 – subparagraph 1 – point a: (a) authorisation requirements for mixtures of seeds collected directly from a natural place belonging to a defined region of origin, for the conservation and restoration of the natural environment (directly harvested preservation mixtures);

Change 11

RemovedThis definition of "source area" is the the same definition of "region of origin" in the in Article 3 of EU Directive 2010/60, which currently regulates the marketing of preservation mixtures. This amendments it to avoid misunderstandings.

AddedArticle 22 – paragraph 2 – subparagraph 2: Those delegated acts shall be based on the experience gathered by the implementation of this Article, and any technical and scientific developments and the improvement of the quality and identification of preservation mixtures. They may concern particular genera or species only.

Article 23 – title: Re-packaging and re-labelling of PRM lots

Change 12

RemovedThis amendment it's in order to have a broader definition and application of the all PRM lots

AddedArticle 23 – paragraph 1: 1. PRM lots of pre-basic, basic and certified seed shall be repackaged and relabeled in accordance with this Article, Articles 14 and 15, where this is necessary for splitting or merging of lots.

RemovedArticle 23 – paragraph 1: 1. Lots of pre-basic, basic and certified seed shall be repackaged and relabeled in accordance with this Article, Articles 14 and 15, where this is necessary for splitting or merging of lots.

RemovedThis amendment it's in order to have a broader definition and application of the all PRM lots

Article 23 – paragraph 2 – subparagraph 1 – introductory part: The re-packaging and re-labelling of a PRM lot shall be conducted by:

Change 13

RemovedThis amendment it's in order to have a broader definition and application of the all PRM lots

AddedArticle 25 – paragraph 1: 1. After the marketing of standard seeds, the competent authorities shall, if indicated by the risk analysis, carry out control plot tests to check whether the seeds comply with the requirements set out in Article 8 and in Annex III, as appropriate.

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 plant, may be produced and marketed within the Union without belonging to a variety. The 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.

AddedArticle 25 – paragraph 2: 2. The proportion of the control plot tests shall be determined on the basis of a risk analysis concerning possible non-compliance of the respective seeds with those requirements. Such a risk analysis shall be carried out by the competent authority on the basis of territorial characteristics, the existence of plant health risks in the region, and the track record of the professional operator.

RemovedThe fodder plants are inherently breeded as heterogeneous material so it should be excluded.

AddedArticle 26 – paragraph 1: 1. By way of derogation from Article 20, PRM of genera and species listed in Annex IV and belonging to a conservation variety registered in a national variety register referred to in Article 44(1), point (b), may be produced and marketed in the Union as standard seed or material, if it complies with all the requirements concerning standard seed and material for the respective species, as referred to in Article 8.

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

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

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

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

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

AddedArticle 28 – paragraph 2: deleted / (deleted)

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

AddedArticle 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.

AddedArticle 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.

AddedArticle 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;

AddedArticle 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

AddedArticle 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.

AddedArticle 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.

Article 30 – title: PRM exchanged between farmers

Change 14

RemovedThis amendments allows for more flexibility in the application of this article.

AddedArticle 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:

RemovedArticle 30 – paragraph 1 – introductory part: 1. By way of derogation from Articles 5 to 25, farmers may exchange PRM, if such PRM fulfils all of the following conditions:

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

RemovedThis amendments allows for more flexibility in the application of this article.

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

AddedArticle 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

AddedArticle 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.

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

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

Change 15

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).

AddedArticle 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.

RemovedThe exchange of seed should be guaranteed however if it's limited to small quantities.

AddedArticle 30 – paragraph 3: deleted

AddedArticle 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.

AddedArticle 31: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 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:

AddedArticle 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.

AddedArticle 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.

AddedArticle 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:

AddedArticle 32 – paragraph 3 – point a: deleted

AddedArticle 32 – paragraph 3 – point e: deleted