42 Amendments of Phil BENNION related to 2013/0137(COD)
Amendment 121 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order to ensure the widest possible availability of plant reproductive material and choices by its users, professional operators should, in principle, be able to make available on the market plant reproductive material belonging to listed genera or species under any of the categories, considering that production and marketing conditions between agricultural and horticultural species are different. However, in order to ensure food and feed security, andor to achieve a high level of identity, quality and health of plant reproductive material, plant reproductive material, particularly agricultural species material, should not be made available on the market as standard material if the certification costs are proportionate to those objectives.
Amendment 195 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) exchanged in kind, or marketed in small non-commercial quantities, between persons other than professional operators.
Amendment 229 #
Proposal for a regulation
Article 3 – point 5
Article 3 – point 5
(5) ‘m"Making available on the market’", unless on an "own holding" as defined in Article 3, means the holding for the purpose of sale within the Union, including offering for sale or for any other form of transfer within the Union, and the sale, distribution, import into, and export out of, the Union and other forms of transfer, whethe in the course of commercial activity related to plant reproductive material, whether in return for payment or free of charge or not;
Amendment 242 #
Proposal for a regulation
Article 3 – point 6 – point a
Article 3 – point 6 – point a
(a) producing in order to directly make available on the market;
Amendment 265 #
Proposal for a regulation
Article 3 – point 10 a (new)
Article 3 – point 10 a (new)
(10a) 'Small quantities' means quantities no larger than those sufficient to sow or plant 0.25 ha of land at usual sowing or planting rates for the species concerned.
Amendment 266 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10 b (new)
Article 3 – paragraph 1 – point 10 b (new)
(10b) "Own holding" means any holding or part thereof which is managed within the same common business entity. The seed produced shall be suitable for use on land managed within the same common business entity, where the business entity shares in the financial risks and rewards of the crop.
Amendment 279 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Professional operators marketing solely and directly to non-professional end users, such as home gardeners, shall be excluded from the requirement to register as professional operators under this Regulation.
Amendment 292 #
Proposal for a regulation
Article 7 – point h
Article 7 – point h
(h) make available to the competent authorities, on request, any contracts with third parties concerning the production of plant reproductive material.
Amendment 305 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
For the purpose of paragraph 1, professional operators shall keep information allowing them to identify the persons to whom they have supplied plant reproductive material and the material concerned, unless that material has been supplied in retaito consumers who are not professional.
Amendment 333 #
Proposal for a regulation
Article 10 – point 6
Article 10 – point 6
(6) ‘pre-basic material’ means plant reproductive material which is at the first step of production under official control and is intended for the production of further pre-basic material and other categories of plant reproductive material;
Amendment 336 #
Proposal for a regulation
Article 10 – point 7
Article 10 – point 7
(7) ‘basic material’ means plant reproductive material which has been produced from pre-basic or basic material, and is intended for the production of further basic material or certified material;
Amendment 339 #
Proposal for a regulation
Article 10 – point 8
Article 10 – point 8
(8) ‘certified material’ means plant reproductive material which has been produced from pre-basic or basic material, basic or certified material and is intended for the production of further certified material or marketing for commercial crop production;
Amendment 375 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. This Title shall not apply to: - Species exclusively for ornamental use; - Plant reproductive material of Annex I species intended for ornamental uses or for use solely by non-professional users, unless a higher level of control is needed for plant health purposes. - Plant reproductive material of Annex I species intended for ornamental use or marketed in small quantities to non- professional users, such as home gardeners.
Amendment 527 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 531 #
Proposal for a regulation
Article 24 – paragraph 4 – point b a (new)
Article 24 – paragraph 4 – point b a (new)
(ba) accreditation of the professional operator's entire activity in respect of plant reproductive material, based on externally accredited quality assurance and disapplying some or all of the provisions of paragraphs 2 and 3.
Amendment 532 #
Proposal for a regulation
Article 25
Article 25
Amendment 549 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. After the certification referred to in Article 19(1), the competent authorities may carry out tests on the plant reproductive material (hereinafter ‘post certification tests’) to confirm that it complies with the quality requirements as referred to in Article 16(2) and the certification schemes adopted pursuant to Article 20(2). Post certification tests of the preceding generation may be used as pre control for the next generation.
Amendment 551 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Post certification tests shall be carried out through samples taken by the competent authority. They shall assess the identity and purity of the plant reproductive material concerned. Samples may be taken by the professional operator in compliance with Articles 23 and 24 in cases where the primary purpose of the test is pre-control of the next generation.
Amendment 584 #
Proposal for a regulation
Article 34 – paragraph 3 – point b
Article 34 – paragraph 3 – point b
Amendment 585 #
Proposal for a regulation
Article 34 – paragraph 3 – point c
Article 34 – paragraph 3 – point c
Amendment 586 #
Proposal for a regulation
Article 34 – paragraph 3 – point e
Article 34 – paragraph 3 – point e
Amendment 587 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. The Member States whose competent authorities have granted the authorisation referred to in paragraph 1 shall inform thereof the other Member States, the Commission andreport annually on these authorisations and the information submitted pursuant to paragraph 3, to the European Agency for Plant Varieties (hereinafter: ‘the Agency’).
Amendment 651 #
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
1. In order to remove temporary difficulties in the general supply of plant reproductive material that may occur in a Member State, the competent authority of the Member State concerned may authorise the making available on the market of seed with a reduced germination rate, provided that such rate is reduced by less than 5% compared to the germination rate required pursuant to Article 16(2).
Amendment 659 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Plant reproductive material referred to in paragraph 1 may be made available on the market only once from onebetween professional operator to another, without being further transferred to any other persons.
Amendment 661 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
Amendment 664 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Competent authorities may authorise the making available on the market of seeds for a specific period of time, as pre-basic, basic or certified material, without the germination requirements established pursuant to Article 16(2) having been yet confirmed, if this is considered necessary to make seed rapidly available on the market.
Amendment 665 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Seed referred to in paragraph 1 may be made available on the market only once, from one the basis of a profesvisional operator to another, without being further transferred to any other person, on the basis of a provisional analytical report concerning germinationanalytical report concerning germination or on the basis of a test for seed viability which makes a germination test unnecessary.
Amendment 668 #
Proposal for a regulation
Article 39 – paragraph 3 – point b
Article 39 – paragraph 3 – point b
(b) the duration of period in which such seed may be made available on the marketests for seed viability; and
Amendment 701 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
Amendment 711 #
Proposal for a regulation
Article 50 – paragraph 1 – point c
Article 50 – paragraph 1 – point c
(c) the variety has been entered in any other public or private list with an official or officially recognised description and a denominprofessional operator making material available on the market provides sufficient assurance of the identity and denomination of the variety through information provided on any other public or private list and traceability of preceding cycles of multiplication.;
Amendment 713 #
Proposal for a regulation
Article 50 – paragraph 1 – point c a (new)
Article 50 – paragraph 1 – point c a (new)
c a) the variety can be shown to be commonly known to consumers from information available in the public domain.
Amendment 856 #
Proposal for a regulation
Article 60 – paragraph 2 – point a
Article 60 – paragraph 2 – point a
(a) that variety is included in a nationn official variety register or in a Union variety registerny country;
Amendment 857 #
Proposal for a regulation
Article 60 – paragraph 2 – point b
Article 60 – paragraph 2 – point b
(b) an application has been filed for registration of that variety in a nationn official variety register pursuant to Article 66, or in the Union variety register pursuant to Article 95(1), o, or for the granting of a plant variety right in respect of that variety in any country, as long as the application entails entrance into the official variety register for the granting of a plant variety right in respect of that variety in the Union;
Amendment 867 #
Proposal for a regulation
Article 63
Article 63
If a variety has been granted a plant variety right pursuant to Article 62 of Regulation (EC) No 2100/1994, or pursuant to the legislation of a Member State, that variety shall be deemed to be distinct, uniform and stable, for the purpose of the official description as referred to in point (a) of Article 56(2) and (3) and to have a suitable denomination for the purposes of point (a) of Article 56(1). For those species not subject to the requirements of Article 56(2)(b) and Article 56 for value for cultivation or use, a variety granted a plant variety right shall be added directly to the national or Union register as appropriate under Articles 51 and 52.
Amendment 889 #
Proposal for a regulation
Article 64 – paragraph 4
Article 64 – paragraph 4
Amendment 960 #
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
Amendment 977 #
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
Amendment 978 #
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
Amendment 980 #
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
Amendment 981 #
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. After having given the applicant an opportunity to comment on the provisional examination report and the provisional offOn completion of technicial descripexamination, the competent authority shall establish a final examination report and a final official description.
Amendment 982 #
Proposal for a regulation
Article 77 – paragraph 1 a (new)
Article 77 – paragraph 1 a (new)
1a. Applicants shall be given the opportunity to visit sites where the technical examination is carried out, to be given the results of the examination, provide additional information, and discuss the results with the competent authority.
Amendment 1003 #
Proposal for a regulation
Article 85
Article 85