Proposal for a COUNCIL REGULATION on the conservation, characterisation, collection and utilisation of genetic resources in agriculture and amending Regulation (EC) No 1258/1999

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Regulation (EC) No 1467/94 on the conservation, characterisation, collection and utilisation of genetic resources in agriculture launched a five-year action programme, which terminated on 31 December 1999.

1. Implementation

The following main actions were carried out on the basis of that programme:

* coordination of Member States' extensive and essential activities undertaken with the FAO, including drawing up the action plans up to 1998,

* adoption of 21 projects involving a total of EUR/ECU 10 million, or approximately 2/3 of the amount considered necessary under the Regulation for implementing these projects (Annex II of the Regulation), including one forestry project (elms/elms) and 16 projects for vegetable genetic resources (for example barley, avena, brassica, rice, potatoes, beta, maize, allium, carrot, olive, vines). Most of these projects concern the characterisation (evaluation) of ex situ genetic resources and the conservation and utilisation thereof. Participants include in particular gene banks, scientific institutes, users and sometimes NGOs. The first programme also included four animal genetic resources projects (livestock, pigs, cattle, rabbits) and involved primarily the coordination, characterisation and, to a certain extent, collection and conservation of those genetic resources.

2. Evaluation of the action

In February 2000, independent experts drew up an evaluation report on the implementation of the action, as provided for in Regulation (EC) No 1467/94.

That report will be forwarded to the Council and to the Parliament together with the present proposal for a Council Regulation on the future of the action.

A series of additional consultations took place between March and July 2000 at a meeting of the Committee on Genetic Resources (set up by Regulation (EC) No 1467/94) also attended by representatives of the European Parliament, numerous NGOs, scientists (project coordinators) and representatives of users of genetic resources (seeds).

The conclusions of the evaluation by independent experts can be summarised as follows:

* maintain and strengthen the action, while taking care to ensure a better balance between projects on "plants" and "animals",

* include the concept of in situ/on farm conservation to meet international undertakings and the needs of the ecoregions while emphasising more active participation by NGOs,

* increase coordination between the Member States and the Commission with regard to negotiation and actions at FAO level,

* gear measures more towards a broader coverage of the participation of Member States in a certain category of projects.

The following considerations also came to light in the course of the various consultations:

* promote increased participation by NGOs and other operators in particular in the field of in situ/on farm conservation and give these operators access to Regulation (EC) No 1257/1999,

* coordinate international activities in the field of genetic resource protection; Community legislation on the right of ownership in the context of the Regulation was also felt to be necessary,

* provide for more information and publicity-related activities, in particular with a view to increasing the use of local or rare varieties or breeds,

* greater stress on the use and transfer of the results towards the market (users),

* establish a decentralised and permanent European inventory of the genetic resources available, as well as of their origins and their characteristics.

The evaluation by independent experts pursuant to Regulation (EC) No 1467/94 concluded by recommending a new five-year programme.

3. New action programme

In its strategy for the integration of environment and sustainable development in the common agricultural policy (doc. 13078/99 of 15.11.1999) the Council called for a new action programme to be elaborated.

In view of the success of the original programme, the results of the independent evaluation and the recommendations in the Council document, it is proposed to relaunch the action programme.

The new Regulation will provide for new types of assistance, allowing greater flexibility through indirect measures, principally implemented within the framework of national programmes over a five-year period. The aim of the action programme is to:

- finance measures to promote the conservation, characterisation, collection and utilisation of genetic resources which are of importance to agricultural production and at the same time help implement the "agricultural biodiversity action plan" which will allow wider coverage of plant and animal varieties,

- coordinate the national programmes and exchange information between the Member States and the Commission,

- facilitate coordination in the field of international negotiation, in particular within the FAO.

As the action is mainly geared to agricultural objectives and policy, covering genetic resources that are important for the development of agricultural production, the legal basis is Article 37 of the Treaty.

The new action will cover the following elements:

- the framework of the programmes, including the objectives and orientations of the action with the essential lines to be followed. These will be developed in more detail in the implementing rules;

- implementation in form of national programmes, where Member States are responsible for the application of the action, including transnational projects. The selection and management of the projects will take place in the framework of national programmes, elaborated by the Member States and presented to the Commission. This should include methods of implementation, through calls for tenders to select projects and provide for a management body at national level and a paying agency. Measures will be implemented through transnational projects, which will form the main part of the programme, and smaller-scale national projects covering in situ/on farm conservation (reproduction of genetic resources by farmers, on their own farm) and conservation in ecoregions;

- the duties of the Commission, which will ensure the elaboration of implementing rules, the approval of the national programmes, coordination activities and international representation;

- setting up a committee on genetic resources to assist the Commission and act as a management committee when consulted on the adoption of the national programmes and as a consultative committee for other questions related to genetic resources.

The following actions are specifically not eligible for Community financial support under this programme: theoretical studies, studies to test hypotheses, studies to improve tools or techniques, work involving untested techniques or 'model' systems and all other research activities. Such actions may be eligible for consideration under the Community programmes of research and technological development.

The action programme will be financed from the EAGGF Guarantee Section, at a forecast annual cost of up to EUR 10 million. Regulation (EC) No 1258/1999 on the financing of the common agricultural policy does not cover genetic resources at present. That Regulation should therefore be amended to add measures to promote the conservation, characterisation, collection and utilisation of genetic resources in measures financed by the EAGGF Guarantee Section.

2001/0256 (CNS)

Proposal for a COUNCIL REGULATION on the conservation, characterisation, collection and utilisation of genetic resources in agriculture and amending Regulation (EC) No 1258/1999

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C , p. .

Having regard to the opinion of the European Parliament [2],

[2] OJ C , p. .

Having regard to the opinion of the Economic and Social Committee [3],

[3] OJ C , p. .

Whereas:

(1) Biological and genetic diversity in agriculture is essential to the development of agricultural production and of rural areas. The necessary measures should therefore be taken to preserve that diversity.

(2) The preservation of genetic resources in agriculture also contributes to the aims of the Convention on Biological Diversity approved by the Community by Council Decision 93/626/EEC [4].

[4] OJ L 309, 13.12.1993, p. 1.

(3) In order to contribute to the achievement of those aims, Council Regulation (EC) No 1467/94 of 20 June 1994 on the conservation, characterisation, collection and utilisation of genetic resources in agriculture [5] adopted a Community action programme for a period of five years. That programme terminated on 31 December 1999. It should therefore be replaced by a new action programme.

[5] OJ L 159, 28.6.1994, p. 1.

(4) By the close of this action programme, the preservation of genetic resources should cover all plant and animal genetic resources that are or could prove useful in agriculture and rural development, including genetic resources in forestry.

(5) The wide range of activities carried out by the Member States and by various international organisations such as the United Nations Food and Agriculture Organisation (FAO), the European Cooperative programme for crop genetic resources networks (ECP/GR) and the European forest genetic resources programme (EUFORGEN) call for continual information exchange and close coordination with regard to the conservation of genetic resources so as to enhance their positive impact on the common agricultural policy.

(6) Knowledge of the genetic resources available in Europe, their origins and their characteristics is still deficient. Setting up a decentralised, permanent and widely accessible inventory is a way of generating such knowledge and ensuring its availability.

(7) Permanent in situ and on-farm conservation of genetic resources in agriculture should be promoted, including the compilation of an inventory of and the dissemination of such resources with a view to increasing the use of rare species in agricultural production. Provision should therefore be made for measures that go beyond the scope of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations [6].

[6] OJ L 160, 26.6.1999, p. 80.

(8) Conservation measures for genetic resources should be accompanied by information and advisory measures to disseminate the results obtained.

(9) The conservation of genetic resources in agriculture has a transnational dimension and concerns all Member States. Provision should therefore be made to permit the development of projects covering all or a large part of the territories of the Member States and ecoregions and involving the conservation, characterisation, collection and utilisation of genetic resources in agriculture.

(10) National and international programmes of measures geared to the conservation, characterisation, collection and utilisation of genetic resources in agriculture are the most suitable ways of implementing and managing the various measures in close cooperation with the research activities supported either at national level or under Article 163 of the Treaty.

(11) Rules should be laid down for setting up such programmes, particularly as regards the rules for the selection of multinational projects.

(12) Community support should be provided for the implementation of national and multinational programmes.

(13) The Member States should contribute towards the implementation of the measures provided for in a programme to ensure their commitment to the conservation of genetic resources in agriculture.

(14) In view of the budget resources currently available, the Community contribution will be met from the EAGGF Guarantee Section. Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy [7] should therefore be amended.

[7] OJ L 160, 26.6.1999, p. 103.

(15) To ensure efficient use of Community funding allocated to the implementation of national and multinational programmes, the initial allocations to the Member States should be fixed on the basis of objective criteria and, in particular, in the light of needs and previous results.

(16) Since the measures required to implement this Regulation are management measures within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [8], these measures must be adopted in accordance with the management procedure provided for in Article 4 of that Decision.

[8] OJ L 184, 17.7.1999, p. 23.

(17) For the purposes of implementing and monitoring this Regulation, the Commission should be able to use scientific and technical advisors.

(18) Transparency and effective cooperation on activities supported by national, Community and other research programmes and those supported by this Regulation should be provided for. In the same spirit, the scope of the measures supported should be restricted to species used in Community agriculture,

HAS ADOPTED THIS REGULATION:

Article 1

With a view to achieving the aims of the common agricultural policy, implementation of the Convention on Biodiversity and Community policy for the protection of genetic resources in agriculture, a Community action programme is hereby established for a period of five years to coordinate and promote at Community level the work undertaken in the Member States for the conservation, characterisation, collection and utilisation of genetic resources in agriculture.

Article 2

1. For the application of this Regulation, genetic resources in agriculture shall include both plant and animal genetic resources.

2. For the purposes of this Regulation:

(a) plant genetic resources shall mean those of agricultural crops, including vines, fodder crops, horticultural crops, including market-garden and ornamental crops, medicinal plants and aromatics, fruit crops, forest trees, fungi, micro-organisms and wild flora which are or could be of use in the field of agriculture,

(b) animal genetic resources shall mean those of farm animals (vertebrates and invertebrates), micro-organisms and wild fauna which are or could be of use in the field of agriculture.

Article 3

The action referred to in Article 1 shall include the following:

(a) exchanges of information on national action programmes and the implementation thereof, for the purposes of coordinating these programmes with each other, with measures to be undertaken at Community level and with developments in international negotiations, in particular as regards the Convention on Biodiversity, measures undertaken by the United Nations Food and Agriculture Organisation (FAO) and programmes implemented under the ECP/GR (European cooperative programme for crop genetic resources networks) and EUFORGEN (European forest genetic resources programme);

(b) setting up and monitoring a decentralised, permanent European inventory of available genetic resources, their origins and their characteristics including both biological material conserved in ex situ collections and that conserved in in situ and on farm collections;

(c) measures for the conservation, characterisation, collection and utilisation of genetic resources may include ex situ, in situ and on farm conservation intended to support or supplement coordination work in these spheres at Community level or in the Member States;

(d) coordination and information measures involving the organisation of seminars in technical conferences and occasional meetings with non-governmental organisations (NGOs) and other interested bodies.

Article 4

1. The national or multinational programmes referred to in Article 3(a) may involve:

(a) the implementation of shared-cost multinational projects for the conservation, characterisation, collection and utilisation of genetic resources in agriculture,

(b) measures involving setting up the inventory referred to in Article 3(b),

(c) measures involving the promotion of in situ and on-farm conservation of genetic resources in agriculture in defined ecoregions. These measures may not involve aid to maintain nature protection areas or measures that may be carried out under Regulation (EC) No 1257/1999,

(d) the measures referred to in Article 3(d).

The Member States shall notify the programmes and any amendments thereto to the Commission.

2 Programmes may cover a period of a maximum of five years from the entry into force of this Regulation.

Article 5

The programmes referred to in Article 3(a) shall comprise, in particular:

(a) a description of the measures undertaken or planned to select and manage the projects referred to in Article 4(1), including in particular the terms of calls for proposals for the selection of these projects,

(b) a description of the measures undertaken or planned to set up the permanent inventory,

(c) a description of the measures undertaken or planned to implement the measures referred to in Article 4(1)(c) and (d), in particular the planned aid and the list (genera) of plant and animal genetic resources which may be eligible for that aid, and links with the permanent inventory.

Article 6

The Commission may organise exchanges of information, in particular through seminars.

Article 7

1. The contribution by the Member States to the implementation of the programmes referred to in Article 3(a) shall be at least 15%.

2. The Community financial contributions to the measures implemented under the programmes shall be 35%.

The Community shall moreover finance 100% of expenditure on the measures referred to in Article 6.

The European Agricultural Guidance and Guarantee Fund (EAGGF) Guarantee Section shall contribute to the funding of measures undertaken by the Member States or the Commission in application of this Regulation.

Article 8

1. The Commission shall make initial allocations to the Member States, broken down on an annual basis, and using objective criteria which take into account the efforts undertaken by the Member States for the conservation, characterisation, collection and utilisation of genetic resources in agriculture.

The initial allocation shall be at least equal to the average amount allocated to multinational projects under Regulation (EC) No 1467/94.

2. Initial allocations shall be adjusted on the basis of real expenditure and revised expenditure forecasts submitted by the Member States taking into account the objective of the national programmes and subject to the funds available.

Article 9

The following point (f) is added to Article 1(2) of Regulation (EC) No 1258/1999:

"(f) measures intended to ensure the conservation, characterisation, collection and utilisation of genetic resources in agriculture".

Article 10

The Commission shall be responsible for implementing, coordinating and monitoring the Community action programme. It may make use of scientific and technical advisors.

Article 11

Detailed rules for applying this Regulation shall be adopted in accordance with the procedure referred to in Article 12(2).

Article 12

1. The Commission shall be assisted by a Committee on the conservation, characterisation, collection and utilisation of genetic resources in agriculture, composed of representatives of the Member States and chaired by a representative of the Commission.

2. Where reference is made to this paragraph, the management procedure provided for in Article 4 of Decision 1999/468/EC shall apply, in compliance with Article 7 thereof.

3. The period provided for in Article 4(3) of Decision 1999/468/EC shall be one month.

4. The Committee may consider any other relevant question, in particular concerning coordination, referred to it by its chair, either on his or her own initiative or at the request of a representative of a Member State.

Article 13

Before the close of the action programme, the Commission shall appoint a group of independent experts to assess the results. The group's report, together with the Commission's comments, shall be presented to the European Parliament, the Council and the Economic and Social Committee.

Where appropriate, the Commission shall propose that the Council adopt a new period of application for the action programme.

Article 14

Regulation (EC) No1467/94 is repealed.

However, it shall continue to apply to measures entered into before the entry into force of this Regulation.

Article 15

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

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