A4-0177/95

Proposal for a Council Directive amending Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants and vegetable seed and on the common catalogue of varieties of agricultural plant species (COM(93)0598 - C3-0002/94 - 93/0808(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 3

>Original text>

Whereas, for the same reasons, the scope of the said directives should be enlarged to cover the production, marketing and, where appropriate, the use of seed;

>Text following EP vote>

Whereas, for the same reasons, the scope of the said directives should be enlarged to cover the marketing of seed;

(Amendment 2)

Recital 18

>Original text>

Whereas it is desirable to ensure that genetic resources are conserved and a legal basis to that end should be introduced;

>Text following EP vote>

Whereas it is essential to ensure that genetic resources are conserved; whereas a legal basis to that end should be introduced to permit, within the framework of legislation on the seed trade, the conservation, by use in situ, of varieties threatened with genetic erosion;

(Amendment 20)

ARTICLE 1(1)

Article 1 (Directive 66/400/EEC)

>Original text>

This Directive shall apply to the production with a view to marketing, the marketing and, where appropriate, the use of beet seed within the Community.

>Text following EP vote>

This Directive shall apply to the production with a view to marketing and the marketing of beet seed within the Community.

(Article 1 of Directives 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC and 70/458/EEC are to be amended accordingly.)

(Amendment 21)

ARTICLE 1(1a) (new)

Article 1a (new) (Directive 66/400/EEC)

>Text following EP vote>

1a. The following article is inserted after Article 1:

'Article 1a

For the purposes of this Directive 'marketing' means the sale, holding with a view to sale, offer for sale and any disposal, supply or transfer of seed to third parties, whether or not for consideration, aimed at commercial exploitation.

>Text following EP vote>

Trade in seed not aimed at commercial exploitation of the variety, such as the following operations, shall not be regarded as marketing:

>Text following EP vote>

- the supply of seed to official testing and inspection bodies;

>Text following EP vote>

- the supply of seed to providers of services, for processing or packaging, provided the provider of services does not acquire title to seed thus supplied.

>Text following EP vote>

The supply of seed under certain conditions to providers of services for seed propagation or production of an agricultural raw material shall not be regarded as marketing, provided the provider of services does not acquire title to either the seed thus supplied or the product of the harvest.

>Text following EP vote>

The conditions for the application of this provision shall be determined in accordance with the procedure laid down in Article 21.'

>Text following EP vote>

(Article 1 of Directives 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC and 70/458/EEC are to be amended accordingly.)

(Amendment 5)

ARTICLE 1(6)

Article 4a(1) (Directive 66/400/EEC)

>Original text>

1. Notwithstanding the provisions of Article 3(1) Member States may authorize producers on their own territory to place on the market small quantities of seed for tests, scientific purposes or selection work.

>Text following EP vote>

1. Notwithstanding the provisions of Article 3(1) Member States may authorize producers on their own territory to place on the market appropriate quantities of seed for tests, scientific purposes or selection work.

>Text following EP vote>

(Article 4a of Directives 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC and Article 21a of Directive 70/458/EEC to be amended accordingly)

(Amendment 6)

ARTICLE 1(20)

Article 17(2), third subparagraph (Directive 66/400/EEC)

>Original text>

The Member States concerned shall monitor the proper use of the seed permitted for marketing pursuant to paragraph 1.

>Text following EP vote>

Deleted

>Text following EP vote>

(Article 17(3) second subparagraph, of Directive 66/401/EEC and 66/402/EEC, Article 16(3), second subparagraph, of Directives 66/403/EEC and 69/208/EEC and Article 33(3), second subparagraph, of Directive 70/458/EEC to be amended accordingly)

(Amendment 7)

ARTICLE 1(21)

Article 19(1) (Directive 66/400/EEC)

>Original text>

1. Member States shall ensure that official inspections are carried out in relation to the marketing and, where appropriate, use of beet seed, at least by random checks, to verify compliance with the requirements of the Directive.

>Text following EP vote>

1. Member States shall ensure that official inspections are carried out in relation to the marketing of beet seed, at least by random checks, to verify compliance with the requirements of the Directive.

>Text following EP vote>

(Article 19 of Directive 66/401/EEC and 66/402/EEC, Article 18 of Directives 66/403/EEC and 69/208/EEC and Article 35 of Directive 70/458/EEC to be amended accordingly)

(Amendment 8)

ARTICLE 1(23)

Article 22a (Directive 66/400/EEC)

>Original text>

Specific conditions may be established according to the procedure laid down in Article 21 to take account of developments in the areas of:

(a) conditions under which chemically treated seed may be marketed;

(b) the conservation of genetic resources.

>Text following EP vote>

Specific conditions shall be established according to the procedure laid down in Article 21 to take account of developments in the areas of the carrying-out of uniform, mutually recognized official inspections under the supervision of a Member State's official inspection body, or official inspections under the supervision of a European umbrella inspection body, by third parties and/or suppliers.

>Text following EP vote>

(Article 22a of Directives 66/401/EEC and 66/402/EEC, Article 20a of Directive 66/403/EEC, Article 21a of Directive 69/208/EEC and Article 41a of Directive 70/458/EEC to be amended accordingly).

(Amendment 9)

ARTICLE 2(15a) (new)

Article 5a (new) (Directive 66/401/EEC)

>Text following EP vote>

15a. the following Article 5a is inserted after Article 5:

'Article 5a

Member States may restrict the certification of seed of Lupinus spp., Pisum sativum and Vicia spp. to that of the first generation.'

(Amendment 10)

ARTICLE 2(20)

Article 13(2), first subparagraph, third indent and second subparagraph

(Directive 66/401/EEC)

>Original text>

- providing it is proved that such mixtures are to be used only in an area where the current agronomic practice would justify such use. In so far as this area is outside the authorizing Member State's territory, such authorization is subject to approval by the Commission acting in accordance with the procedure laid down in Article 21.

>Text following EP vote>

Deleted

>Original text>

Other conditions under which such an authorization may be granted may be determined under the procedure laid down in Article 21.

(Amendment 11)

ARTICLE 6(1)

Article 4(4a) (new) (Directive 70/457/EEC)

>Text following EP vote>

4a. In the interest of conserving the genetic diversity of traditional rural varieties, Member States may depart from the acceptance criteria set out in the first sentence of paragraph 1.

(Amendment 22)

ARTICLE 6(3)

Article 7(4) (Directive 70/457/EEC)

>Original text>

'4(a) In the case of a genetically modified variety referred to in Article 4(4) an environmental risk assessment similar to that laid down in Directive 90/220/EEC shall be carried out.

>Text following EP vote>

'4(a) In the case of a genetically modified variety referred to in Article 4(4) an environmental risk assessment similar to that laid down in Directive 90/220/EEC shall be carried out.

>Original text>

(b) In accordance with the procedure laid down in Article 23, detailed procedures shall be established to ensure the application of sub- paragraph (a).

>Text following EP vote>

(b) The requirements of the environmental risk assessment referred to in subparagraph (a) shall be laid down on a proposal from the Commission in a Council Regulation based on the appropriate provisions of the Treaty.

>Original text>

(c) Articles 11 to 18 of Directive 90/220/EEC shall no longer apply to genetically modified varieties once the detailed procedures referred to in subparagraph (b) above have been established. Such procedures shall be established by the date referred to in the third indent of Article 9(1) of Directive ...'

>Text following EP vote>

(c) Articles 11 to 18 of Directive 90/220/EEC shall no longer apply to genetically modified varieties once the regulation referred to in subparagraph (b) above has entered into force.

>Text following EP vote>

(ca) The technical and scientific details of the implementation of the environmental risk assessment shall be adopted in accordance with the procedure laid down in Article 23.'

>Text following EP vote>

(Article 1 of Directive 70/458/EEC is to be amended accordingly.)

(Amendment 23)

ARTICLE 6(3a) (new)

Article 7(4a) (new) (Directive 70/457/EEC)

>Text following EP vote>

3a. The following paragraph 4a is added to Article 7:

'4a. Genetically modified varieties which have been tested pursuant to subparagraph 4(a) must be clearly indicated as such on packaging, in forwarding documents and in the common and commercial catalogues.'

(Article 1 of Directive 70/458/EEC is to be amended accordingly.)

(Amendment 24)

ARTICLE 6(12a) (new)

Article 21a (new) (Directive 70/457/EEC)

>Text following EP vote>

12a. The following article is inserted after Article 21:

>Text following EP vote>

'Article 21a

Specific conditions may be established in accordance with the procedure laid down in Article 21 to take account of developments in relation to the conditions under which seed suitable for organic growing may be marketed.

>Text following EP vote>

Specific conditions shall be established in accordance with the procedure laid down in Article 21 to take account of developments in relation to:

>Text following EP vote>

(a) the conditions under which chemically treated seed may be marketed;

>Text following EP vote>

(b) the conservation in situ and the sustainable use of plant genetic resources through growing and marketing of landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion, without prejudice to the provisions of Regulation (EC) No 1467/94.

>Text following EP vote>

The specific conditions referred to in subparagraph (b) above shall include in particular the following points:

>Text following EP vote>

(a) The landraces and varieties shall be accepted in accordance with the provisions of Council Directives 70/457/EEC and 70/458/EEC, where appropriate. The procedure for official acceptance shall take into account specific quality characteristics and requirements. In particular the results of unofficial tests and knowledge gained from practical experience during cultivation, reproduction and use and the detailed descriptions of the varieties and their relevant denominations, as notified to the Member State concerned, shall be taken into account and, if conclusive, shall result in exemption from the requirement of official examination. Upon acceptance of such a landrace or variety, it shall be indicated as a 'conservation variety' in the common catalogue;

>Text following EP vote>

(b) a definition of the areas of maintenance of the landrace or variety and the definition of the areas of marketing of seed;

>Text following EP vote>

(c) the maximum quantity of seed of such varieties which may be marketed in given periods.

(Amendment 16)

ARTICLE 6(13)

Article 24a (Directive 70/457/EEC)

>Original text>

Specific conditions may be established according to the procedure laid down in Article 23 to take account of developments in the areas of the conservation of genetic resources.

>Text following EP vote>

Specific conditions shall be established according to the procedure laid down in Article 23 to take account of developments in the areas of the conservation, by use in situ, of genetic resources.

>Text following EP vote>

(Article 22a of Directive 66/401/EEC to be amended accordingly)

(Amendment 25)

ARTICLE 7(17)

Article 21a (Directive 70/458/EEC)

>Original text>

1. Notwithstanding the provisions of Article 3(12), Member States may authorize producers on their own territory to place on the market small quantities of seed for tests, scientific purposes or selection work.

>Text following EP vote>

1. Notwithstanding Article 20(1) and (1a), Member States may

(a) authorize producers on their own territory to place on the market small quantities of seed for scientific purposes or selection work;

>Text following EP vote>

(b) authorize producers and their representatives established in their territory to market, for a limited period, seeds belonging to a variety for which an application for admission to a national catalogue has been submitted in at least one Member State and for which specific technical information has been supplied.

>Original text>

2. The conditions under which Member States may grant such authorizations may be determined in accordance with the procedure laid down in Article 40.¨

>Text following EP vote>

2. The conditions under which Member States may grant the authorizations referred to in subparagraph 1(b) above shall be determined in accordance with the procedure laid down in Article 40, particularly in relation to the acquisition of data, the type of such data, the maintenance and denomination of the variety and the labelling of packages.¨

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive amending Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants and vegetable seed and on the common catalogue of varieties of agricultural plant species (COM(93)0598 - C3-0002/94 - 93/0808(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(93)0598 - 93/0808(CNS) ((OJ C 29, 31.1.1994, p. 1.)),

- having been consulted by the Council pursuant to Article 43 of the EC Treaty (C3- 0002/94),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Agriculture and Rural Development (A4-0029/95),

- having regard to the second report of the Committee on Agriculture and Rural Development and the opinion of the Committee on the Environment, Public Health and Consumer Protection (A4-0177/95),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Council to notify Parliament should it intend to depart from the text jointly agreed on by the Commission and Parliament;

3. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

4. Instructs its President to forward this opinion to the Council and Commission.