Changes from report parliamentary committee draft to plenary report

Change 24

AddedArticle 52 – paragraph 3 – subparagraph 3 a (new): Those delegated acts shall ensure that the minimum requirements, methodologies and standards referred to in points (a) to (c) of the first subparagraph that apply to Parts D and E of Annex I, are adapted to the specific features of those species and their end-uses, as well as to the objectives of diversity and innovation.

Article 52 – paragraph 3 – subparagraph 4: deleted

Change 25

RemovedAn implementing act regarding the officially recognized description is an unnecessary. It is already in the interest of the operators and the competent authorities to make sure this description is meaningful and accurate.

AddedArticle 52 – paragraph 4 – subparagraph 2: Where competent authorities are not able to carry out an examination under organic conditions, or the examination of certain characteristics, including disease susceptibility, testing may be carried out under in-conversion or low-input conditions and with only the absolutely necessary treatments with pesticides and other external inputs for the completion of the examination. Where applicable, the Member States shall report yearly to the Commission on the reasons behind not testing under non-organic conditions and implementation of testing under non-organic conditions.

AddedArticle 52 – paragraph 4 a (new): 4a. Competent authorities may include testing of conventional seed under low input conditions, organic in-conversion, or organic conditions.

AddedArticle 52 – paragraph 4 b (new): 4b. By ... [10 years from the date of entry into force of this Regulation ] the Commission shall evaluate the results of the voluntary system referred to in paragraph 1a, and shall summarise the results of that evaluation in a report to the European Parliament and the Council.

AddedArticle 53 – paragraph 1 – point b: (b) it has an indication of its initial region of origin, when known, or the local conditions under which it has been newly bred;

AddedArticle 53 – paragraph 1 – subparagraph 1 a (new): The registration under this Article shall be free of charge for the applicant.

AddedArticle 53 – paragraph 2 – subparagraph 2: The competent authority shall accept or reject the registration of a conservation variety, after checking its compliance with paragraph 1. The competent authority shall communicate to the applicant its decision. In the event of rejection of the registration, it shall state the reasons justifying such rejection.

AddedArticle 53 – paragraph 4 – subparagraph 2: deleted

AddedArticle 53 a (new): Article 53a / Requirements for the registration of a selected clone and polyclonal PRM in the Member State´s register / 1. The applicant shall submit an application to the competent authority indicating: / (a) species and, as applicable, variety to which the selected clone or polyclonal PRM belongs, whereby the variety shall be registered in a national variety register referred to in Article 44; / (b) proposed denomination and synonyms; / (c) where applicable, description of the polyclonal PRM; / (d) the maintainer of the selected clone or polyclonal PRM; / (e) reference to the description of the main characteristics of the variety to which the selected clone or polyclonal PRM belongs; / (f) description of the main value for sustainable cultivation and use characteristics of the selected clone or polyclonal PRM; / (g) the estimated genetic gains of the selected clone or polyclonal PRM in relation to the overall performance of the relevant variety; / (h) information on whether the selected clone or polyclonal PRM is already registered in a register of another Member State. / 2. The selected clone shall fulfil the following requirements in order to be registered in the Member State's register: / (a) it shall be selected within the variety it belongs to for some special intravarietal phenotypic traits and its phytosanitary status that give the selected clone a better performance, in accordance with internationally accepted methods based on methods from the International Organisa…

AddedArticle 54 – paragraph 1 – point c – paragraph 1 – point i: (i) under which another variety of the same or of a closely related species is entered in a national variety register or in the Union variety register or in documentation provided to the competent authority by a natural or legal person involved in the dynamic conservation;

AddedArticle 54 – paragraph 1 – point c – paragraph 2: deleted

AddedArticle 56 – paragraph 1 – point d: (d) a provisional designation;

AddedArticle 56 – paragraph 1 – point d a (new): (da) a variety denomination proposed by the applicant which may accompany the application;

AddedArticle 56 – paragraph 1 – point j: (j) where the variety contains or consists of a genetically modified organism, evidence that the genetically modified organism in question is authorised for cultivation in the Union, in accordance with Directive 2001/18/EC or Regulation (EC) No 1829/2003, or, where applicable, in the respective Member State in accordance with Article 26b of Directive 2001/18/EC, and the evidence of compliance with the cultivation and monitoring requirements in the given growing season;

AddedArticle 56 – paragraph 1 – point k: deleted

AddedArticle 56 – paragraph 1 – point o: (o) in the event that the variety is tolerant to herbicides as referred to in Article 47(1), point (f), or has particular characteristics that may lead to undesirable agronomic effects as referred to in Article 47(1), point (g), an indication of that fact;

AddedArticle 56 – paragraph 1 – point o a (new): (oa) the breeding techniques used for the development of the variety;

AddedArticle 56 – paragraph 1 – point o b (new): (ob) the existence of any intellectual property rights covering the variety, its components, and characteristics, within the limits of the rights applied for or granted for that variety to the applicant, including where the applicant has signed a contractual licence or has obtained a compulsory licence for the use of a patent owned by another operator.

AddedArticle 61 – paragraph 1 – introductory part: 1. By way of derogation from Article 59(2), and only for operators under the voluntary system referred to in Article 52(1a), the competent authority may authorise the applicant to carry out the technical examination of whether the variety has a sustainable value for cultivation and use, in accordance with Article 52, or part of it, is if:

AddedArticle 61 – paragraph 1 – point a: deleted

AddedArticle 61 – paragraph 1 – point c a (new): (ca) the examination does not replace the risk assessment required to apply for marketing authorisation under Directive 2001/18/EC on genetically modified organisms or under Regulation (EU) .../... on plants obtained by certain new genomic techniques.

AddedArticle 63 – paragraph 3: 3. This Article shall apply without prejudice to Article 8 of Regulation (EU) 2017/625. The competent authorities shall take due account of the respect of confidentiality of commercial or industrial information where such confidentiality is provided for by Union or national law to protect a legitimate economic interest.

AddedArticle 67 – paragraph 2 – point a: (a) it establishes that the respective requirements set out in Article 47(1) and Article 48 are not fulfilled; or

AddedArticle 68 – paragraph 1: 1. By way of derogation from Articles 54 to 67, the competent authorities shall immediately register in their national variety registers all varieties officially accepted or registered before … [the date of entry into force of this Regulation], in the catalogues, lists or registers established by their Member States pursuant to Article 5 of Directive 68/193/EEC, Article 3 of Directive 2002/53/EC, Article 3(2) of Directive 2002/55/EC and varieties with an official description pursuant to Article 7 of Directive 2008/90/EC, without applying the registration procedure set out by those Articles.

AddedArticle 68 – paragraph 2: 2. By way of derogation from Article 53, varieties accepted in accordance with Article 3 of Directive 2008/62/EC and Article 3(1) and Article 21(1) of Directive 2009/145/EC, and varieties with an officially recognised description pursuant to Article 7 of Directive 2008/90/EC before… [the date of entry into force of this Regulation] shall be immediately registered in the national variety registers as conservation varieties provided with an officially recognised description without applying the registration procedure set out by that Article.

Article 69 – paragraph 1 – subparagraph 2: However, that period of registration shall be 30 years for conservation varieties and varieties of species of fruit plants and vine propagating material, as listed respectively in Parts C and D of Annex I.

Change 26

RemovedThe conservative varieties should have a longer registrations time in order to achieve their aim.

AddedArticle 70 – paragraph 4: 4. The competent authority may, on its own initiative, renew the registration of a variety, if it is still in large demand by the professional operators and farmers concerned, or it should be retained in the interest of conserving plant genetic resources, provided that the variety is no longer protected by a plant breeders’ right title in accordance with Council Regulation (EC) No 2100/94, and provided that the variety is off the list for a minimum of two years.

Change 27

ChangedArticle 75 – paragraph 2 – subparagraph 1: The delegationpower ofto poweradopt delegated acts referred to in Articles 2(3), 7(3), 8(4), 10(2), 12(3), 15(5), 20(2), 22(2), 24(4), 27(3), 30a, 33(1) and (3), 38(1) and (2), 46(2), 47(3), 52(3), 54(4), 61(3), and 62(1) shall be conferred on the Commission for 5five years from the... [the date of the entry into force of this Regulation.Regulation].

Change 28

RemovedArticle 83 – paragraph 3 – point b: (b) Article 52 shall apply from ... [60 months from the date of the entry into force of this Regulation] for the species listed in Parts B and C of Annex I, provided that the respective examination requirements, methodologies and standards for assessing the characteristics listed in Article 52(1), second subparagraph points (a) to (gb), exist. It shall be binding in its entirety and directly applicable in all Member States.

AddedArticle 75 – paragraph 3: 3. The delegation of power referred to in Articles 2(3), 7(3), 8(4), 10(2), 12(3), 15(5), 20(2), 22(2), 24(4), 27(3), 30a, 33(1) and (3), 38(1) and (2), 46(2), 47(3), 52(3), 54(4), 61(3), and 62(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

RemovedThe establishment of the important and new sustainable standards should not stop or delay the development of new varieties.

AddedArticle 75 – paragraph 6: 6. A delegated act adopted pursuant to Articles 2(3), 7(3), 8(4), 10(2), 12(3), 15(5), 20(2), 22(2), 24(4), 27(3), 30a, 33(1) and (3), 38(1) and (2), 46(2), 47(3), 52(3), 54(4), 61(3), and 62(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of the notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.

RemovedAnnex I – Part A – subheading 1 a (new): Cicer arietinum Lens culinaris Medik., 1787 Fagopyrum esculentu / Camelina sativa / Triticum monococcum

AddedArticle 77 – paragraph 1 – point a: (a) quantities of certified and standard PRM per year and species with a specification of the quantities used for organic varieties suitable for organic production;

RemovedAnnex VII – paragraph 1 – point g: (g) in the case of conservation varieties with officially recognised description and, if appropriate, an indication of the region(s), where the variety has historically been grown and to which it is naturally adapted (‘region(s) of origin’);

AddedArticle 77 – paragraph 1 – point d: (d) number of professional operators using the derogations for marketing to final users in accordance with Article 28, the species concerned;

RemovedTo clarify the type of variety referred to in article 46.

AddedArticle 77 – paragraph 1 – point e: (e) number of conservation organisations and networks with a statutory or other declared objective to conserve plant genetic resources, in accordance with Article 29 and the species concerned;

Change 29

ChangedAnnexArticle VII77 – paragraph 1 – point s:f: deleted

Change 30

RemovedTo be consistent with the amendments introduced on art. 47.

AddedArticle 77 – paragraph 1 – point g: deleted

RemovedAnnex VII – paragraph 1 – point t: (t) where applicable, indication that the variety has certain characteristics, and indication of the applicable cultivation conditions.

AddedArticle 78 – paragraph 1: 1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate, preventive and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and of any subsequent amendment affecting them.

RemovedIn accordance with the previous amendments.

AddedRegulation (EU) 2018/848

RemovedAnnex VII – paragraph 1 – point t a (new): (ta) disclosure of which breeding techniques have been applied for the development of the variety (e.g. cell fusion, genetic engineering, chemical or iradiation mutation breeding, microspore culture);

AddedArticle 81, Article 3, Article 13 and second paragraph of point 1.8.4. of Part I of Annex II: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedAnnex VII – paragraph 1 – point t b (new): (tb) disclosure of whether the variety is covered by existing patents.

AddedArticle 83 – paragraph 3 – point b: (b) Article 52 shall apply, provided that the respective examination requirements, methodologies and standards for assessing the characteristics listed in Article 52(1), second subparagraph, points (a) to (gb), exist. It shall be binding in its entirety and directly applicable in all Member States.

AddedAnnex I – Part A – row 107 a (new): Cicer arietinum / Camelina sativa / Fagopyrum esculentu / Lens culinaris / Triticum monococcum / Chenopodium quinoa / Vicia ervilia / Vicia narbonensis / Tritordeum / Lathyrus sativus / Eragrostis tef / Ceratonia siliqua

AddedAnnex I – Part B – row 29 a (new): Salvia hispanica.

AddedAnnex II – Part B – title: REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF PRE-BASIC, BASIC AND CERTIFIED MATERIAL OF AGRICULTURAL AND VEGETABLE SPECIES, FRUIT PLANTS

AddedAnnex II – Part C – title: REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF SELECTED CLONES OF PRE-BASIC, BASIC AND CERTIFIED MATERIAL AS REFERRED TO IN ARTICLE 9 (1)

AddedAnnex II – Part C – paragraph 1 – introductory part: Requirements for the production of pre-basic, basic and certified selected clones

AddedAnnex II – Part C – paragraph 1 – point A – point a: (a) The identity of the selected clone shall be determined through an official label or a label issued by the profesional operator and recorded by the professional operator to ensure its traceability. The label of the material or the records, on the respective mother plants for the production of each selected clone shall be kept by the professional operator after the marketing of that PRM.

AddedAnnex II – Part C – paragraph 1 – point A – point b – point i: deleted

AddedAnnex II – Part C – paragraph 1 – point B – point d: (d) The respective mother plants shall be excluded as a source of PRM in case of defects.