Changes from report parliamentary committee draft to plenary report

AddedArticle 32 – paragraph 3 – point f: deleted

Article 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:

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

Article 33 – paragraph 1 – subparagraph 4: deleted

Change 16

ChangedArticle 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in accordance with Article 75, amending this Regulation, in order to decide that the authorisation concerned has to be repealed or amended, if it concludes that it is no longer necessary or proportionate to the objective of removing the temporary difficulties in the general supply of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.

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

Change 17

RemovedThis is a derogation that should be reported to the Commission.

AddedArticle 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.

RemovedArticle 39 – paragraph 1 – subparagraph 2: deleted

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

RemovedThe process of equivalence for derogatory regimes (PRM belonging to conservation varieties; of heterogeneous material; marketed to final users; marketed to and between gene banks, organizations and networks; and exchanged between farmers) should be allowed.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

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

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

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

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

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

AddedArticle 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;

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

AddedArticle 41 – paragraph 1 b (new): The activities referred to in Articles 28, 29 and 30 shall not be subject to the provisions of this Article.

AddedArticle 42 – paragraph 3 a (new): 3a. The activities referred to in Articles 28, 29 and 30 shall not be subject to the provisions of this Article.

Article 43 – paragraph 1 – point a: (a) their intention to produce pre-basic, basic and certified material or pre-basic, basic and certified seed, before the beginning of that production; and

Change 18

RemovedThe notification should be before the start of the production, however with flexible time.

AddedArticle 44 – paragraph 1 – introductory part: 1. Each Member State shall establish and publish, in electronic format, and shall keep permanently updated a single national register of varieties (‘national variety register’) containing:

RemovedArticle 47 – paragraph 1 – subparagraph 1 – point a – point i: (i) an official description showing compliance with the requirements of distinctness, uniformity and stability set out in Articles 48, 49 and 50, except turf grasses, and fulfil the requirements for satisfactory value for sustainable cultivation and use, as set out in Article 52; or

AddedArticle 45 – paragraph 2 – subparagraph 1: The Union variety register shall include the varieties, registered in national variety registers and notified in accordance with Article 44, and shall be updated monthly.

RemovedTurf grasses shall be exempted from VSCU testing. The purpose of turf grasses is not the production of food or renewable raw materials.

AddedArticle 46 – paragraph 2: 2. The Commission is empowered to adopt a delegated act in accordance with Article 75, in order to amend Annex VII by adding elements that need to be included in the variety registers, taking into account the technical and scientific developments, and on the basis of gained experience indicating the need of competent authorities or professional operators to obtain more precise information about the registered varieties.

RemovedArticle 47 – paragraph 1 – subparagraph 1 a (new): As regards points (f) and (g) of the first subparagraph, the Commission may decide, by means of implementing acts, that the provisions adopted by Member States have to be repealed or amended, if it concludes that those provisions are not sufficiently based on the latest scientific and technical knowledge or proportionate to the objective of pursued. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

AddedArticle 47 – paragraph 1 – subparagraph 1 – point a – point i: (i) an official description showing compliance with the requirements of distinctness, uniformity and stability set out in Articles 48, 49 and 50 and, in the case of species listed in Part A except turf grasses, and in Parts D and E of Annex I, fulfil the requirements for satisfactory value for sustainable cultivation and use, as set out in Article 52; or

RemovedThe Commission and not the member state should be empowered to decide on this topic that must be regulated uniformly in the Union.

AddedArticle 47 – paragraph 1 – subparagraph 1 – point f: (f) where the varieties are tolerant to herbicides, they are subject to cultivation conditions for the production of PRM and for any other purpose, adopted pursuant to paragraph 3 or, in the event that they have not been adopted, as adopted by the competent authorities responsible for registration, and, in the event that the varieties are to be cultivated in another Member State, those conditions shall be adopted by the respective competent authority, in order to avoid the development of herbicide resistance in weeds due to their use; when a plan for cultivation conditions has already been established by a Member State, those conditions shall, where appropriate, be extended to the registrations of subsequent varieties with similar characteristics within that Member State;

RemovedArticle 47 – paragraph 3: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 47 – paragraph 1 – subparagraph 1 – point g: (g) where the varieties have particular characteristics other than the ones referred to in point (f) that may lead to undesirable agronomic effects, they are subject to cultivation conditions for the production of PRM and any other purpose, adopted pursuant to paragraph 3 or, in the event that they have not been adopted, as adopted by the competent authorities responsible for their registration, and, in the event that the varieties are to be cultivated in another Member State, adopted by the respective competent authority in that Member State, in order to avoid those particular undesirable agronomic effects, such as the development of resistance of pests to the respective varieties or undesirable effects on pollinators; when cultivation conditions have already been established by a Member State, those conditions shall, where appropriate, be extended to the registrations of subsequent varieties with similar characteristics within that Member State.

RemovedThis regulation should be focused on the marketing standard. The production standards will be indirect modified by the new marketing standard.

AddedArticle 47 – paragraph 2 – subparagraph 1 – introductory part: The Commission shall adopt, by means of implementing acts, specific requirements for carrying out the examinations in respect of trial design and growing conditions concerning:

AddedArticle 47 – paragraph 3 – subparagraph 1 – introductory part: The Commission is empowered to adopt delegated acts in accordance with Article 75, supplementing this Regulation with the minimum requirements for the cultivation conditions to be adopted by the competent authorities pursuant to paragraph 1, points (f) and (g), concerning:

AddedArticle 47 – paragraph 3 – subparagraph 1 – point i: (a) measures in the field, including crop rotation;

AddedArticle 47 – paragraph 3 – subparagraph 1 – point ii: (b) monitoring measures;

AddedArticle 47 – paragraph 3 – subparagraph 1 – point iii: (c) the mode of notification of the conditions referred to in point (a) to the Commission and the other Member States;

AddedArticle 47 – paragraph 3 – subparagraph 1 – point iv: (d) rules for reporting from professional operators to the competent authorities concerning the application of the conditions referred to in point (a);

AddedArticle 47 – paragraph 3 – subparagraph 1 – point v: (e) the indication of the conditions referred to in point (a) in the national variety registers.

AddedArticle 47 – paragraph 4: 4. For the purpose of registering a variety in its national variety register, a competent authority shall accept, without any further examination, an official description, an officially recognised description or an official examination of the requirements for value for sustainable cultivation and use, as referred to in paragraph 1, point (a)(i), which has been produced by a competent authority of another Member State if equivalent recognition measures exist between the two competent authorities.

Article 48 – paragraph 1: 1. For the purposes of the official description, referred to in Article 47(1), point (a), a variety shall be deemed to be distinct, if it is clearly distinguishable, by reference to the expression of the characteristics that results from a particular genotype or combination of genotypes, from any other variety which is commonly known on the date of the submission of the application established in accordance with Article 58.

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AddedArticle 48 – paragraph 2 – point a: (a) the variety is included in a national variety register or documentation provided to the competent authority by natural or legal persons involved in selling PRM to final users or in dynamic conservation;

Article 52 – paragraph 1 – subparagraph 2 – point f: (f) characteristics that enhance the sustainability of cultivation, harvesting, storage, processing, distribution and use;

Change 20

RemovedWith this amendments we focus on the sustainability in the all process.

AddedArticle 52 – paragraph 1 – subparagraph 2 – point g: (g) quality, or nutritional characteristics or characteristics important for processing;

Change 21

ChangedArticle 52 – paragraph 1 – subparagraph 2 – point g a (new): (ga) preservingpre- traditionalor andpost-harvest culturalwaste heritage;reduction.

Change 22

RemovedArticle 52 – paragraph 1 – subparagraph 2 – point g b (new): (gb) pre or post-harvest waste reduction.

AddedArticle 52 – paragraph 1 a (new): 1a. Examination of the value for sustainable cultivation and use shall be made possible for the species listed in Parts B and C of Annex I on a voluntary basis. Where the examination of the sustainable cultivation and use has been carried out by an official competent authority or under the official supervision and guidance of the competent authority pursuant to Article 61, it shall allow the inclusion of claim on the area of the label mentioned in Article 17(5). That claim shall only concern the characteristics that have been shown to offer a clear improvement compared to other varieties of the same species during the examination tests. The voluntary system shall allow competent authorities to develop methodologies to assess the characteristics listed under paragraph 1, second subparagraph, points (a) to (g).

Change 23

ChangedArticle 52 – paragraph 3 – subparagraph 1 – point b: (b) establishing the methodologies for assessing the characteristics listed under paragraph 1, second subparagraph, points (a) to (gb);(ga);