Proposal for a Council regulation on the conservation, characterisation, collection and utilisation of genetic resources  in agriculture and amending Regulation (EC) No 1258/1999
Date: 2001-10-31
Institutions: European Commission
Subjects: action programme, biotechnology, energy resources, exchange of publications, exploitation of resources, farming sector, management of resources

26.2.2002

EN

Official Journal of the European Communities

C 51 E/335

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

(2002/C 51 E/18)

COM(2001) 617 final (cid:151) 2001/0256(CNS)

(Submitted by the Commission on 31 October 2001)

THE COUNCIL OF THE EUROPEAN UNION,

as to enhance their positive impact on the common agri-
cultural policy.

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

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.

(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
a way of generating such
knowledge and ensuring its availability.

inventory

is

(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 Regu-
lations (3).

(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 (1).

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

(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 utili-
sation of genetic resources in agriculture (2) 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.

(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 agri-
culture 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
information exchange and close coordination
continual
with regard to the conservation of genetic resources so

(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 devel-
opment of projects covering all or a large part of the
the Member States and ecoregions and
territories of
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

setting up such
laid down for
programmes, particularly as regards the rules for the
selection of multinational projects.

(12) Community

implementation
programmes.

support
of

should
national

be provided
and

the
for
multinational

(1) OJ L 309, 13.12.1993, p. 1.
(2) OJ L 159, 28.6.1994, p. 1.

(3) OJ L 160, 26.6.1999, p. 80.

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(13) The Member States

should contribute

the
implementation of
in a
programme to ensure their commitment to the conser-
vation of genetic resources in agriculture.

the measures provided for

towards

(14) In view of the budget resources currently available, the
Community contribution will be met from the EAGGF
Guarantee
(EC)
No 1258/1999 of 17 May 1999 on the financing of the
common agricultural policy (1)
should therefore be
amended.

Regulation

Section.

Council

implementation of national

(15) To ensure efficient use of Community funding allocated to
the
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
exercise of
implementing powers conferred on the Commission (2),
these measures must be adopted in accordance with the
management procedure provided for in Article 4 of that
Decision.

down the procedures

the

for

(17) For the purposes of implementing and monitoring this
the Commission should be able to use

Regulation,
scientific and technical advisors.

2.

For the purposes of this Regulation:

including vines,

(a) plant genetic resources shall mean those of agricultural
fodder crops, horticultural crops,
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 agri-
culture.

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 coor-
dinating these programmes with each other, with measures
to be undertaken at Community level and with devel-
opments
in particular as
Biodiversity, measures
regards
undertaken by the United Nations Food and Agriculture
Organisation (FAO) and programmes implemented under
the ECP/GR (European cooperative programme for crop
and Euforgen (European
resources networks)
genetic
forest genetic resources programme);

in international negotiations,
the Convention

on

(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,

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

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 estab-
lished 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

For the application of this Regulation, genetic resources
include both plant and animal genetic

1.
in agriculture shall
resources.

(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
at
supplement
Community level or in the Member States;

coordination work

in these

spheres

(d) coordination and information measures

involving the
organisation of seminars in technical conferences and occa-
sional meetings with non-governmental organisations
(NGOs) and other interested bodies.

Article 4

The national or multinational programmes referred to in

1.
Article 3(a) may involve:

(1) OJ L 160, 26.6.1999, p. 103.
(2) OJ L 184, 17.7.1999, p. 23.

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

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(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.

Programmes may cover a period of a maximum of five

2.
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,
particular through seminars.

in

Article 7

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

criteria which take

efforts
objective
undertaken by the Member States for the conservation, char-
acterisation, collection and utilisation of genetic resources in
agriculture.

into account

the

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:

(cid:145)(f) measures intended to ensure the conservation, char-
genetic

collection and utilisation of

acterisation,
resources in agriculture(cid:146).

Article 10

The Commission shall be responsible for implementing, coor-
dinating 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.

reference

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

to this paragraph,

is made

The Community financial contributions to the measures

2.
implemented under the programmes shall be 35 %.

The period provided for in Article 4(3) of Decision

3.
1999/468/EC shall be one month.

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

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.

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

Article 14

Regulation (EC) No 1467/94 is repealed.

Article 15

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

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

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