Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2023/0227(COD)**

**INFORMATION NOTE**

**Brussels, 2 July 2024**
**(OR. en)**

**10950/24**

**CODEC 1491**
**AGRI 479**
**AGRILEG 289**
**SEMENCES 119**
**PHYTOSAN 136**
**FORETS 169**
**PE 179**

From: General Secretariat of the Council

To: Permanent Representatives Committee/Council

Subject: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL on the production and marketing of plant reproductive
material in the Union, amending Regulations (EU) 2016/2031, 2017/625
and 2018/848 of the European Parliament and of the Council, and
repealing Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC,
2002/53/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC,
2008/72/EC and 2008/90/EC (Regulation on plant reproductive material)

          - Outcome of the European Parliament's first reading

(Strasbourg, 22 to 25 April 2024)

**I.** **INTRODUCTION**

The rapporteur, Herbert DORFMANN (EPP, IT), presented a report on the above proposal for a

Regulation on behalf of the Committee on Agriculture and Rural Development (AGRI) which

contained 315 amendments (amendments 1 to 315) to the proposal.

In addition, The Left group tabled nine amendments (amendments 316 to 324), the Greens/EFA

group tabled 11 amendments (amendments 325 to 335), the ECR group tabled eight amendments

(amendments 336 to 343), the Renew group tabled nine amendments (amendments 344 to 352), and

the EPP group tabled three amendments (amendments 353 to 355).

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**II.** **VOTE**

When it voted on 24 April 2024, the plenary adopted amendments 1 to 16, 18 to 35, 37 to 61, 63 to

64, 66 to 315, 331, 353 to 355 to the proposal for a Regulation. No other amendments were

adopted.

The Commission's proposal as thus amended constitutes the Parliament's first-reading position

which is contained in its legislative resolution as set out in the Annex hereto.

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**ANNEX**

**(24.4.2024)**

## **P9_TA(2024)0341** **Production and marketing of plant reproductive material**

**European Parliament legislative resolution of 24 April 2024 on the proposal for a regulation**
**of the European Parliament and of the Council on the production and marketing of plant**
**reproductive material in the Union, amending Regulations (EU) 2016/2031, 2017/625 and**
**2018/848 of the European Parliament and of the Council, and repealing Council Directives**
**66/401/EEC, 66/402/EEC, 68/193/EEC, 2002/53/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC,**
**2002/57/EC, 2008/72/EC and 2008/90/EC (Regulation on plant reproductive material)**
**(COM(2023)0414 – C9-0236/2023 – 2023/0227(COD))**

**(Ordinary legislative procedure: first reading)**

_The European Parliament_,

–
having regard to the Commission proposal to Parliament and the Council (COM(2023)0414),

–
having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the
European Union, pursuant to which the Commission submitted the proposal to Parliament
(C9-0236/2023),

–
having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–
having regard to the opinion of the European Economic and Social Committee of 13
December 2023 **[1]**,

–
having regard to Rule 59 of its Rules of Procedure,

–
having regard to the opinion of the Committee on the Environment, Public Health and Food
Safety,

–
having regard to the report of the Committee on Agriculture and Rural Development (A90149/2024),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially
amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national
parliaments.

**1**
_OJ C, C/2024/1583, 5.3.2024, ELI:_ http://data.europa.eu/eli/C/2024/1583/oj _._

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**Amendment 1**

**Proposal for a regulation**
**Title 1**

_Text proposed by the Commission_ _Amendment_

Proposal for a Proposal for a

REGULATION OF THE EUROPEAN

PARLIAMENT AND OF THE COUNCIL

on the production and marketing of plant
reproductive material in the Union,
amending Regulations (EU) 2016/2031 _**,**_
2017/625 _**and 2018/848**_ of the European
Parliament and of the Council, and
repealing Council Directives 66/401/EEC,
66/402/EEC, 68/193/EEC, 2002/53/EC,
2002/54/EC, 2002/55/EC, 2002/56/EC,
2002/57/EC, 2008/72/EC and 2008/90/EC
(Regulation on plant reproductive
material)

**Amendment 2**

**Proposal for a regulation**
**Citation 4 a (new)**

REGULATION OF THE EUROPEAN

PARLIAMENT AND OF THE COUNCIL

on the production and marketing of plant
reproductive material in the Union,
amending Regulations (EU) 2016/2031 _**and**_
(EU) 2017/625 of the European Parliament
and of the Council, and repealing Council
Directives 66/401/EEC, 66/402/EEC,
68/193/EEC, 2002/53/EC, 2002/54/EC,
2002/55/EC, 2002/56/EC, 2002/57/EC,
2008/72/EC and 2008/90/EC (Regulation
on plant reproductive material)

_Text proposed by the Commission_ _Amendment_

–
_**having regard to the United Nations**_
_**Declaration on the Rights of Peasants and**_
_**Other People Working in Rural Areas of**_
_**the UN, adopted by the Human Rights**_
_**Council on 28 September 2018,**_

**Amendment 3**

**Proposal for a regulation**
**Recital 4**

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_Text proposed by the Commission_ _Amendment_

(4) PRM constitutes the starting
material for plant production in the Union.
Therefore, it is critical for the production

of raw material for food and feed

purposes and for the efficient use of plant

resources. It _**contributes**_ to environmental

protection and the quality of the food
chain and food supply in the Union as a
whole. In this regard, the availability _**,**_
quality and diversity of PRM appears to be
of outmost importance to achieve the
transition to sustainable food systems
called for in the Farm to Fork Strategy [36],
agriculture, horticulture, environmental
protection, climate change mitigation and
adaptation, food and feed security, and
the economy in general.

(4) PRM constitutes the starting
material for plant production in the Union.
Therefore, it is critical for the production

of raw material for food and feed

purposes and for the efficient use of plant

resources. It _**aims to contribute**_ to

environmental protection and the quality
of the food chain and food supply in the
Union as a whole. In this regard, the
availability _**of high**_ quality and diversity of
PRM _**, including locally adapted varieties**_
_**that can have the benefit of having a**_
_**higher tolerance to biotic and abiotic**_
_**stress,**_ appears to be of outmost
importance to achieve the transition to
sustainable food systems called for in the
Farm to Fork Strategy [36], agriculture,
horticulture, environmental protection,
climate change mitigation and adaptation,
food and feed security, and the economy
in general.

__________________ __________________

36 Communication from the Commission to

the European Parliament, the European
Council, the Council, the European

Economic and Social Committee and the

Committee of the Regions, A Farm to Fork
Strategy for a fair, healthy and
environmentally-friendly food system
(COM(2020) 381 final).

**Amendment 4**

**Proposal for a regulation**
**Recital 5**

36 Communication from the Commission to

the European Parliament, the European
Council, the Council, the European

Economic and Social Committee and the

Committee of the Regions, A Farm to Fork
Strategy for a fair, healthy and
environmentally-friendly food system
(COM(2020) 381 final).

_Text proposed by the Commission_ _Amendment_

(5) In order to achieve this transition to
sustainable food systems, the Union

(5) In order to achieve this transition to
sustainable food systems, the Union

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legislation should therefore take account
of the need to ensure the adaptability of
the PRM production to the changing
agricultural, horticultural and
environmental conditions, to face the
challenges of climate change, to protect
_**and**_ restore biodiversity and to meet
increasing farmers’ and consumers’
expectations related to quality and
sustainability of PRM.

**Amendment 5**

**Proposal for a regulation**
**Recital 12**

legislation should therefore take account

of the need to ensure _**at Member State**_

_**and Union level**_ the adaptability of the
PRM production to the changing
agricultural, horticultural and
environmental conditions, to face the
challenges of climate change, to protect _**,**_
restore _**and promote**_ biodiversity _**and**_
_**ensure food security**_ and to meet
increasing farmers’ and consumers’
expectations related to quality _**, safety,**_
_**diversity**_ and sustainability of PRM. _**This**_
_**Regulation should stimulate innovation**_
_**for the development of resilient PRM that**_
_**would contribute to the enhancement of**_
_**crops that promote soil health.**_

_Text proposed by the Commission_ _Amendment_

(12) This Regulation should cover neither
PRM exported to third countries, nor PRM
_**used solely**_ for official testing, breeding,
inspections, exhibitions or scientific
purposes. This is because such categories
of PRM do not require particular
harmonised identity or quality standards
and do not compromise the identity and
quality of other PRM marketed in the

Union.

**Amendment 6**

**Proposal for a regulation**
**Recital 13 a (new)**

(12) This Regulation should cover neither
PRM exported to third countries, nor PRM
_**sold or transferred in any way**_ for official
testing, breeding, inspections, exhibitions
or scientific purposes _**, including on-farm**_
_**research**_ . This is because such categories
of PRM do not require particular
harmonised identity or quality standards
and do not compromise the identity and
quality of other PRM marketed in the

Union.

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_Text proposed by the Commission_ _Amendment_

_**(13a) This Regulation should not cover**_
_**PRM accessed, sold or transferred in any**_
_**way in limited quantities as defined in**_
_**Annex VIIa, whether free of charge or not,**_
_**for the purpose of dynamic conservation**_
_**as that type of PRM does not require**_
_**particular harmonised identity or quality**_
_**standards and does not compromise the**_
_**identity and quality of other PRM**_

_**marketed in the Union.**_

**Amendment 7**

**Proposal for a regulation**
**Recital 18 a (new)**

_Text proposed by the Commission_ _Amendment_

_**(18a) Rules for the in vitro production of**_
_**clones and their marketing should also be**_

_**established.**_

**Amendment 8**

**Proposal for a regulation**
**Recital 19**

_Text proposed by the Commission_ _Amendment_

(19) Specific rules should be established
for the production and marketing of
_**clones,**_ selected clones, _**multiclonal**_
_**mixtures**_ and polyclonal PRM, due to _**their**_
increased importance and use in the PRM
sector. In order to ensure transparency,

informed choices for their users and

effective official controls, the clones
should be registered in a special public
register established by the competent

(19) Specific rules should be established
for the production and marketing of
selected clones, and _**of**_ polyclonal PRM,
due to _**its**_ increased importance and use in

the PRM sector. In order to ensure

transparency, informed choices for their
users and effective official controls, the
_**selected**_ clones _**and polyclonal PRM**_
should be registered in a special public
register established by the competent

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authorities. _**Rules for the maintenance of**_

_**the clones should also be established to**_

_**ensure their preservation and**_
_**identification.**_

**Amendment 9**

**Proposal for a regulation**
**Recital 32**

authorities.

_Text proposed by the Commission_ _Amendment_

(32) Certain types of varieties do not fulfil
the established requirements concerning
distinctness, uniformity and stability.
However, they are important for the
conservation and sustainable use of plant
genetic resources. They are traditionally
grown or new locally produced varieties
under specific local conditions and
adapted to those conditions. They are
characterised, in particular, by reduced
uniformity due to a _**high**_ level of genetic
and phenotypical diversity between
individual reproductive units. Those

va rieties are referred to as ‘conservation

varieties’. The production and marketing

of those varieties contribute to the

objectives of the International Treaty on

Plant Genetic Resources for Food and

Agriculture to promote the conservation
and sustainable use of plant genetic
resources for food and agriculture ( [40] ). As
a party to the Treaty the Union has
committed to support those objectives.

(32) Certain types of varieties do not fulfil
the established requirements concerning
distinctness, uniformity and stability.
However, they are important for the
conservation and sustainable use of plant
genetic resources _**, which are crucial for**_
_**crop genetic diversity and essential for**_
_**adaptation to environmental changes**_
_**and future needs**_ . They are traditionally
grown or new locally produced varieties
under specific local conditions and
adapted to those conditions. They are
characterised, in particular, by reduced
uniformity due to a _**satisfactory**_ level of
genetic and phenotypical diversity
between individual reproductive units.

Those varieties are referred to as

‘conservation varieties’ _**. It is appropriate**_
_**to acknowledge that the conservation of**_
_**genetic resources is a dynamic process**_
_**and that newly bred varieties adapted to**_

_**local conditions should be included**_ . The

production and marketing of those
varieties contribute to the objectives of
the International Treaty on Plant Genetic
Resources for Food and Agriculture to
promote the conservation and sustainable
use of plant genetic resources for food and
agriculture ( [40] ). As a party to the Treaty
the Union has committed to support those
objectives.

__________________ __________________

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40 Council Decision 2004/869/EC of 24
February 2004 concerning the conclusion,
on behalf of the European Community, of
the International Treaty on Plant Genetic
Resources for Food and Agriculture (OJ L
378, 23.12.2004, p. 1).

**Amendment 10**

**Proposal for a regulation**
**Recital 35**

40 Council Decision 2004/869/EC of 24
February 2004 concerning the conclusion,
on behalf of the European Community, of
the International Treaty on Plant Genetic
Resources for Food and Agriculture (OJ L
378, 23.12.2004, p. 1).

_Text proposed by the Commission_ _Amendment_

(35) Many _**gene banks,**_ organisations and
networks operate in the Union with an
objective _**to conserve plant genetic**_

_**resources**_ . In order to facilitate their

activity, it is appropriate to allow that PRM
which is marketed to _**them, or among**_
them, derogates from the established
production and marketing requirements,
and that instead it complies with less
stringent rules.

**Amendment 11**

**Proposal for a regulation**
**Recital 36**

(35) Many organisations and networks
operate in the Union with an objective _**of**_
_**dynamic conservation**_ . In order to
facilitate their activity, it is appropriate to
allow that PRM which is marketed to _**, by,**_
_**between and within**_ them, derogates from
the established production and marketing
requirements, and that instead it complies
with less stringent rules.

_Text proposed by the Commission_ _Amendment_

(36) Farmers habitually exchange in kind
small quantities of seeds in order to carry
out dynamic management of their own
_**seed**_ . It is thus appropriate that a
derogation from the established
requirements is provided for the
exchanges of small quantities of _**seeds**_
between farmers. Such derogation could
apply if those _**seeds**_ do not belong to a
variety for which plant variety rights have
been granted in accordance with Council

(36) Farmers habitually exchange in kind
_**or for monetary compensation**_ small
quantities of seeds in order to carry out
dynamic management of their own _**PRM**_ .
It is thus appropriate that a derogation
from the established requirements is
provided for the exchanges of small
quantities of _**PRM**_ between farmers _**, with**_
_**maximum quantities to be set at Union**_
_**level**_ . Such derogation could apply if those
_**PRM**_ do not belong to a variety for which

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Regulation (EU) 2100/94( [41] ). _**Member**_
_**States should be allowed to define those**_
_**small quantities for specific species per**_
_**year**_, in order to _**ensure that there is no**_
_**misuse of such derogation impacting the**_
_**marketing of seeds**_ .

plant variety rights have been granted in
accordance with Council Regulation (EU)
2100/94( [41] ). _**The power to adopt acts in**_
_**accordance with Article 290 of the Treaty**_
_**on the Functioning of the European Union**_
_**should be delegated to the Commission in**_
_**respect of supplementing this Regulation**_,
in order to _**set up, for each species, the**_
_**maximum quantity which may be**_
_**exchanged**_ .

__________________ __________________

41 Council Regulation (EC) No 2100/94 of
27 July 1994 on Community plant variety
rights (OJ L 227, 1.9.1994, p. 1).

**Amendment 12**

**Proposal for a regulation**
**Recital 38**

41 Council Regulation (EC) No 2100/94 of
27 July 1994 on Community plant variety
rights (OJ L 227, 1.9.1994, p. 1).

_Text proposed by the Commission_ _Amendment_

(38) The use of PRM that does not belong
to a variety pursuant to this Regulation,
but rather belongs to a plant grouping
within a single botanical taxon, with a high
level of genetic and phenotypic diversity
between individual reproductive units
(‘heterogeneous material’), could have
benefits especially in organic production
and low input agriculture, through
improving resilience and increasing the
within-species genetic diversity of
cultivated plants. Therefore, PRM of
heterogeneous material should be allowed
to be produced and marketed without
having to comply with the requirements
for variety registration and the other
production and marketing requirements of
this Regulation. Specific requirements for
the production and marketing of that

material should be set out.

(38) The use of PRM that does not belong
to a variety pursuant to this Regulation,
but rather belongs to a plant grouping
within a single botanical taxon, with a high
level of genetic and phenotypic diversity
between individual reproductive units
(‘heterogeneous material’), could have
benefits especially in organic production
and low input agriculture, through
improving resilience and increasing the
within-species genetic diversity of
cultivated plants. Therefore, PRM of
heterogeneous material _**, with the**_
_**exception of fodder plants,**_ should be
allowed to be produced and marketed
without having to comply with the
requirements for variety registration and
the other production and marketing
requirements of this Regulation. Specific
requirements for the production and
marketing of that material should be set

out.

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**Amendment 13**

**Proposal for a regulation**
**Recital 38 a (new)**

_Text proposed by the Commission_ _Amendment_

_**(38a)**_ _**Heterogeneous material should not**_
_**consist of a GMO or a category 1 or**_
_**category 2 NGT plant as defined in**_
_**Regulation (EU) .../...**_  _**NGT Regulation].**_

**Amendment 14**

**Proposal for a regulation**
**Recital 42**

_Text proposed by the Commission_ _Amendment_

(42) Specific obligations should be
introduced for professional operators
active in the area of the production and
marketing of PRM, to ensure their
accountability, more effective official
controls and proper application of this
Regulation.

**Amendment 15**

**Proposal for a regulation**
**Recital 48**

(42) Specific _**proportionate**_ obligations
should be introduced for professional
operators active in the area of the
production _**with a view to marketing**_ and
marketing of PRM, to ensure their
accountability, more effective official
controls and proper application of this
Regulation. _**However, the specific**_
_**characteristics and limitations of micro-**_
_**enterprises should be taken into**_

_**consideration.**_

_Text proposed by the Commission_ _Amendment_

(48) Herbicide tolerant varieties are

varieties that have been bred to be

intentionally tolerant to herbicides, in

order to be cultivated in combination of

(48) Herbicide tolerant varieties are

varieties that have been bred to be

intentionally tolerant to herbicides, in

order to be cultivated in combination of

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the use of those herbicides. If such

cultivation is not done under appropriate
conditions, it may lead to development of
weeds resistant to those herbicides,
spread of such resistance genes in the

environment or to the need to increase of

quantities of herbicides applied. As this
Regulation aims to contribute to the
sustainability of agricultural production,
the competent authorities of Member
States responsible for the registration of
varieties should be able to subject the

cultivation of those varieties in their

territory to cultivation conditions
appropriate for avoiding those undesirable
effects. Moreover, where varieties have
particular characteristics, other than
tolerance to herbicides, that could have
undesirable agronomic effects, they
should also be subject to cultivation
conditions, in order to address those
agronomic effects. Those conditions
should apply to the cultivation of those
varieties for any purpose, including food,
feed and other products, and not only for
purposes of production and marketing of
PRM. This is necessary to achieve the
objectives of this Regulation to contribute
to sustainable agricultural production
beyond the stage of production and
marketing of PRM.

**Amendment 16**

**Proposal for a regulation**
**Recital 49**

the use of those herbicides. If such

cultivation is not done under appropriate
conditions, it may lead to development of
weeds resistant to those herbicides,
spread of such resistance genes in the

environment or to the need to increase of

quantities of herbicides applied. As this
Regulation aims to contribute to the
sustainability of agricultural production,
the competent authorities of Member
States responsible for the registration of

varieties _**and the Member States where**_

_**the varieties are to be cultivated,**_ should
be able to subject the cultivation of those
varieties in their territory to cultivation
conditions appropriate for avoiding those
undesirable effects. Moreover, where
varieties have particular characteristics,
other than tolerance to herbicides, that
could have undesirable agronomic effects,
they should also be subject to cultivation
conditions, in order to address those
agronomic effects. Those conditions
should apply to the cultivation of those
varieties for any purpose, including food,
feed and other products, and not only for
purposes of production and marketing of
PRM. This is necessary to achieve the
objectives of this Regulation to contribute
to sustainable agricultural production
beyond the stage of production and
marketing of PRM.

_Text proposed by the Commission_ _Amendment_

(49) In order to contribute to the
sustainability of agricultural production
and serve economic, environmental and
broader societal needs, new varieties _**of all**_
_**genera or species**_ should show an

(49) In order to contribute to the
sustainability of agricultural production
and serve economic, environmental and
broader societal needs, new varieties
should show an improvement compared

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improvement compared to the other
varieties of the same genera or species
registered in the same national variety
register, concerning certain aspects.
Among those aspects are their yield,
including yield stability and yield under
low input conditions; tolerance/resistance
to biotic stresses, including plant diseases
caused by nematodes, fungi, bacteria,
viruses, insects and other pests;
tolerance/resistance to abiotic stresses,
including adaptation to climate change
conditions; more efficient use of natural
resources, such as water and nutrients;
reduced need for external inputs, such as
plant protection products and fertilisers;

characteristics that enhance the

sustainability of storage, processing _**and**_
distribution; and quality or nutritional
characteristics (‘value for sustainabl e
cultivation and use’). For the purpose of
deciding on the variety registration and in
order to provide sufficient flexibility to
register varieties with the most desirable
characteristics, those aspects should be
considered for a given variety as a whole.

**Amendment 18**

**Proposal for a regulation**
**Recital 57**

to the other varieties of the same genera
or species registered in the same national
variety register, concerning certain
_**agronomic, use and environmental**_
aspects. Among those aspects are their
yield, including yield stability and yield
under low input conditions;
tolerance/resistance to biotic stresses,
including plant diseases caused by
nematodes, fungi, bacteria, viruses, insects
and other pests; tolerance/resistance to
abiotic stresses, including adaptation to
climate change conditions; more efficient
use of natural resources, such as water
and nutrients; reduced need for external
inputs, such as plant protection products
and fertilisers; characteristics that
enhance the sustainability of _**cultivation,**_
_**harvesting,**_ storage, processing _**,**_
distribution _**and use**_ ; and quality _**,**_ or
nutritional characteristics (‘value for
sustain able cultivation and use’) _**or**_
_**characteristics important for processing**_ .
For the purpose of deciding on the variety
registration and in order to provide
sufficient flexibility to register varieties
with the most desirable characteristics,
those aspects should be considered for a
given variety as a whole. _**Given the**_
_**significant resources and preparation**_
_**needed for that examination, for species**_
_**listed in Parts B and C of Annex I it should**_
_**be performed in a voluntary way.**_

_Text proposed by the Commission_ _Amendment_

(57) The period of the registration of a
variety should be 10 years, so as to
encourage innovation in the breeding
sector, and the removal from the market

(57) The period of the registration of a
variety should be 10 years, so as to
encourage innovation in the breeding
sector, and the removal from the market

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of old varieties and their replacement by
new ones. However, that period should be
30 years for varieties of genera or species
of fruit plants and vine, due to the longer
time required for the completion of the
productive cycle of those genera or
species.

**Amendment 19**

**Proposal for a regulation**
**Recital 64**

of old varieties and their replacement by
new ones. However, that period should be
30 years for varieties of genera or species
of fruit plants and vine _**and for**_
_**conservation varieties**_, due to the longer
time required for the completion of the
productive cycle of those genera or
species.

_Text proposed by the Commission_ _Amendment_

_**(64) Regulation (EU) 2018/848 should be**_
_**amended to align the definitions of ‘plant**_
_**reproductive material’ and**_
_**‘heterogeneous material’ with the**_
_**definitions provided for by this**_
_**Regulation. Moreover, the empowerment**_
_**for the Commission to adopt specific**_
_**provisions for the marketing of PRM of**_
_**organic heterogeneous material should**_
_**be excluded from Regulation (EU)**_
_**2018/848, as all rules concerning the**_
_**production and marketing of PRM should**_
_**be set out in this Regulation for reasons**_
_**of legal clarity.**_

**Amendment 20**

**Proposal for a regulation**
**Recital 85**

_**deleted**_

_Text proposed by the Commission_ _Amendment_

(85) _**In order to ensure uniform**_
_**conditions for the implementation of this**_
_**Regulation, implementing powers should**_
_**be conferred to**_ the Commission _**for**_
_**deciding**_ on the organisation of temporary

(85) _**The power to adopt acts in**_
_**accordance with Article 290 of the Treaty**_
_**on the Functioning of the European Union**_
_**should be delegated to**_ the Commission _**in**_
_**respect of supplementing this Regulation**_

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experiments to seek improved alternatives
to the scope and certain provisions of this
Regulation.

**Amendment 21**

**Proposal for a regulation**
**Article 1 – paragraph 1**

_**by specific rules**_ on the organisation of
temporary experiments to seek improved
alternatives to the scope and certain
provisions of this Regulation.

_Text proposed by the Commission_ _Amendment_

This Regulation lays down rules for the
production _**and**_ marketing in the Union of
plant reproductive material (‘PRM’), and in
particular requirements for the production
of PRM in the field and other sites,
categories of material, _**identy**_ and quality
requirements, certification, labelling,
packaging, imports, professional operators
and the registration of varieties.

**Amendment 22**

**Proposal for a regulation**
**Article 1 – paragraph 2**

This Regulation lays down rules for the
production _**with a view to**_ marketing in
the Union of plant reproductive material
(‘PRM’) _**, and for the**_ _**marketing in the**_
_**Union of PRM**_, and in particular
requirements for the production of PRM in
the field and other sites, categories of
material, _**identity**_ and quality
requirements, certification, labelling,
packaging, imports, professional operators
and the registration of varieties.

_Text proposed by the Commission_ _Amendment_

This Regulation also lays down rules
concerning the conditions of cultivation of

certain varieties that could have

undesirable agronomic effects, including
_**the**_ cultivation for purposes beyond the
production and marketing of PRM, for the
production of food, feed and other
products.

This Regulation also lays down rules
concerning the conditions of cultivation of

certain varieties that _**are tolerant to**_

_**herbicides or**_ could have undesirable

agronomic effects, including cultivation for
purposes beyond the production and
marketing of PRM, for the production of
food, feed and other products.

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**Amendment 23**

**Proposal for a regulation**
**Article 2 – paragraph 1 – subparagraph 3**

_Text proposed by the Commission_ _Amendment_

The requirements concerning production
of PRM shall apply only _**to production**_ with
a view to its marketing.

**Amendment 24**

**Proposal for a regulation**
**Article 2 – paragraph 2 – point a**

The requirements concerning production
_**or imports**_ of PRM shall apply only with a
view to its marketing _**within the Union**_ .

_Text proposed by the Commission_ _Amendment_

(a) to ensure quality and diversity of
choice for PRM, and its availability for
professional operators and final users;

**Amendment 25**

**Proposal for a regulation**
**Article 2 – paragraph 2 – point b**

(a) to ensure quality _**, safety**_ and
diversity of choice for PRM, and its
availability for professional operators _**,**_
_**farmers**_ and final users;

_Text proposed by the Commission_ _Amendment_

(b) to ensure _**a equal**_ conditions for the
competition of the professional operators
across the Union and the functioning of
the internal market in PRM;

**Amendment 26**

**Proposal for a regulation**
**Article 2 – paragraph 2 – point d**

(b) to ensure _**fair**_ conditions for the
competition of the professional operators
across the Union and the functioning of
the internal market in PRM;

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_Text proposed by the Commission_ _Amendment_

(d) to contribute to conservation and
sustainable use of plant genetic resources
and agro-biodiversity;

**Amendment 27**

**Proposal for a regulation**
**Article 2 – paragraph 2 – point e**

(d) to contribute to _**the dynamic**_
conservation and sustainable use of plant
genetic resources and agro-biodiversity;

_Text proposed by the Commission_ _Amendment_

(e) to contribute to sustainable
agricultural production, adapted to
current and future projected climatic
conditions;

**Amendment 28**

**Proposal for a regulation**
**Article 2 – paragraph 2 – point f**

(e) to contribute to sustainable
agricultural production, adapted to
current and future projected climatic _**and**_
_**soil**_ conditions;

_Text proposed by the Commission_ _Amendment_

(f) to contribute to food security (f) to contribute to food security _**and**_
_**food sovereignty.**_

**Amendment 29**

**Proposal for a regulation**
**Article 2 – paragraph 3 – subparagraph 1**

_Text proposed by the Commission_ _Amendment_

The Commission is empowered in
accordance with Article 75 to adopt
delegated acts, _**amend**_ Annex I, in order to
adapt _**it**_ to the developments of technical
and scientific knowledge, and the

The Commission is empowered in
accordance with Article 75 to adopt
delegated acts, _**amending**_ Annex I, in
order to adapt _**that Annex**_ to the
developments of technical and scientific

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economic data concerning production and
marketing of genera and species, by
adding genera and species to or removing

them from the list that Annex.

knowledge, and the economic data
concerning production and marketing of
genera and species, by adding genera and
species to or removing them from the list

_**in**_ that Annex.

**Amendment 30**

**Proposal for a regulation**
**Article 2 – paragraph 3 – subparagraph 2 – introductory part**

_Text proposed by the Commission_ _Amendment_

The delegated _**act**_ referred to in the first
subparagraph shall add genera or species
to the list in Annex I if they fulfil at least
two of the following elements:

The delegated _**acts**_ referred to in the first
subparagraph shall add genera or species
to the list in Annex I if they fulfil at least
two of the following elements:

**Amendment 31**

**Proposal for a regulation**
**Article 2 – paragraph 3 – subparagraph 2 – point c a (new)**

_Text proposed by the Commission_ _Amendment_

_**(ca) present an interest in terms of**_
_**environmental sustainability.**_

**Amendment 32**

**Proposal for a regulation**
**Article 2 – paragraph 4 – point a**

_Text proposed by the Commission_ _Amendment_

(a) propagating material of ornamental
plants as defined in Article 2 of Directive
98/56/EC;

(a) propagating material of ornamental
plants as defined in Article 2 of Directive
98/56/EC _**, and propagating material of**_
_**genera or species listed in Annex I to this**_
_**Regulation which are exclusively used for**_

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_**ornamental purposes**_ ;

**Amendment 33**

**Proposal for a regulation**
**Article 2 – paragraph 4 – point b**

_Text proposed by the Commission_ _Amendment_

(b) forest reproductive material as
defined in Article 3 of Regulation (EU) .../…
of the European Parliament and of the
Council [47] [+] ;

(b) forest reproductive material as
defined in Article 3 of Regulation (EU) .../…
of the European Parliament and of the
Council [47+] _**and propagating material of**_
_**genera or species listed in Annex I to this**_
_**Regulation which are exclusively used for**_
_**forestry purposes**_ ;

__________________ __________________

47 Regulation (EU) .../… of the European
Parliament and of the Council …. (OJ….,
p….).

+ OJ: Please insert in the text the number

of the Regulation contained in document
(… (COD)) and insert the number, date,
title and OJ reference of that Regulation in

the footnote.

**Amendment 34**

**Proposal for a regulation**
**Article 2 – paragraph 4 – point c**

47 Regulation (EU) .../… of the European
Parliament and of the Council …. (OJ….,
p….)..

+ OJ: Please insert in the text the number

of the Regulation contained in document
(… (COD)) and insert the number, date,
title and OJ reference of that Regulation in

the footnote.

_Text proposed by the Commission_ _Amendment_

(c) PRM produced for export to third

countries;

**Amendment 35**

**Proposal for a regulation**
**Article 2 – paragraph 4 – point e**

(c) PRM produced _**solely**_ for export to
third countries;

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_Text proposed by the Commission_ _Amendment_

(e) PRM _**used solely**_ for official testing,
breeding, inspections, exhibitions or
scientific purposes _**.**_

**Amendment 353**

**Proposal for a regulation**
**Article 2 – paragraph 4 – point e a (new)**

(e) PRM _**sold or transferred in any way,**_
_**whether free of charge or not,**_ for official
testing, breeding, inspections, exhibitions
or scientific purposes _**, including on-farm**_
_**research and activities carried out by**_
_**gene banks;**_

_Text proposed by the Commission_ _Amendment_

_**(ea)**_ _**the production and marketing of**_
_**PRM by conservation organisations and**_
_**networks referred to in Article 29 in small**_
_**quantities as defined in Annex VIIa,**_
_**whether free of charge or not, for the**_
_**purpose of dynamic conservation;**_

**Amendment 37**

**Proposal for a regulation**
**Article 2 – paragraph 4 – point e b (new)**

_Text proposed by the Commission_ _Amendment_

_**(eb)**_ _**PRM produced by farmers for their**_

_**own use.**_

**Amendment 38**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 2 – introductory part**

_Text proposed by the Commission_ _Amendment_

(2) ‘professional operator’ means any
natural or legal person, involved

(2) ‘professional operator’ means any
natural or legal person, involved

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professionally in one or more of the
following activities in the Union
concerning PRM:

**Amendment 39**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 2 – point c**

professionally in one or more of the
following activities in the Union
concerning _**the commercial exploitation of**_

PRM:

_Text proposed by the Commission_ _Amendment_

(c) maintenance of varieties; (c) maintenance _**or multiplication**_ of

varieties;

**Amendment 40**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 3**

_Text proposed by the Commission_ _Amendment_

(3) ‘marketing’ means the following
actions conducted by a professional
operator: sale, holding, _**transfer for free,**_
or offering for sale or any other way of
transferring or distribution within, or
import into, the Union

**Amendment 41**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 5**

(3) ‘marketing’ means the following
_**commercial**_ actions conducted by a
professional operator: sale, holding, or
offering for sale _**, including online sale,**_ or
any other way of transferring or
distribution within, or import into, the

Union _**aimed at the commercial**_

_**exploitation of the PRM;**_

_Text proposed by the Commission_ _Amendment_

(5) ‘clone’ means an individual plant
progeny, originally derived from another
single plant by vegetative reproduction,

(5) ‘clone’ means _**:**_

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remaining genetically identical to that
plant;

**Amendment 42**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 6**

_**(a)**_ an individual plant progeny,
originally derived from another single
plant by vegetative reproduction,
remaining genetically identical to that
plant; _**or**_

_**(b)**_ _**the vegetative genetically uniform**_
_**progeny of a single plant;**_

_Text proposed by the Commission_ _Amendment_

(6) ‘selected clone’ means a clone that

has been selected and chosen for some

special intravarietal phenotypic traits and
its phytosanitary status that give the
selected clone a better performance, is
true to the description of the variety to
which _**it belongs and, in the case of**_
selected _**clones not belonging to a variety,**_
_**it is true to the description of the species**_
_**to which it**_ belongs _**;**_

**Amendment 43**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 7**

(6) ‘selected clone’ means a clone that

has been selected and chosen for some

special intravarietal phenotypic traits and
its phytosanitary status that give the
selected clone a better performance, is
true to the description of the variety _**of**_
_**vines and those species of fruit trees in**_
_**which such intravarietal variability has**_
_**occured,**_ to which _**the**_ selected _**clone**_
belongs _**;**_

_Text proposed by the Commission_ _Amendment_

(7) ‘polyclonal plant reproductive
material’ means a group of _**several distinct**_
_**individual plant progenies derived from**_
_**different**_ genotypes _**, each of which is true**_
_**to the description of the**_ variety _**to which**_
_**it belongs**_ ;

(7) ‘polyclonal plant reproductive
material’ means _**propagating material**_
_**obtained from a selection of**_ a group of _**at**_
_**least seven**_ genotypes _**with the prediction**_
_**of genetic gains, made through**_
_**quantitative genetic tools,**_ _**from the same**_
_**experimental set of a specific ancient**_
variety _**, containing most of its intra-**_
_**varietal diversity**_ ;

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**Amendment 44**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 8**

_Text proposed by the Commission_ _Amendment_

_**(8)**_ _**‘multiclonal mixture’ means a**_
_**mixture of selected clones, all belonging**_
_**to the same variety or species, as**_
_**appropriate, whereby each of them has**_
_**been obtained through independent**_
_**selection;**_

**Amendment 45**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 12**

_**deleted**_

_Text proposed by the Commission_ _Amendment_

(12) ‘variety maintenance’ means the
actions taken for controlling varietal purity
and identity with the aim to ensure that _**a**_
variety _**remains in accordance with its**_
description over subsequent cycles of
reproduction;

**Amendment 46**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 14**

(12) ‘variety maintenance’ means the
actions taken for controlling varietal purity
and identity with the aim to ensure that
_**the**_ variety _**characteristics remain**_ _**true to**_
_**their**_ description over subsequent cycles of
reproduction;

_Text proposed by the Commission_ _Amendment_

(14) ‘pre - basic seed’ means seed that
belongs to a generation preceeding the
generation of the basic seed, is intended
for the production and certification of
basic or certified seed, and has been found

(14) ‘pre - basic seed’ means seed that
belongs to a generation preceeding the
generation of the basic seed, is intended
for the production and certification of
basic or certified seed, and has been found

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by means of official certification, or
certification under official supervision, to
satisfy the respective conditions laid down
in _**Part**_ A of Annex II;

**Amendment 47**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 15**

by means of official certification, or
certification under official supervision, to
satisfy the respective conditions laid down
in _**Parts**_ A _**and D**_ of Annex II;

_Text proposed by the Commission_ _Amendment_

(15) ‘basic seed’ means seed that has
been produced from pre-basic seed or
preceding generations of basic seed, is
intended for the production of further
generations of basic seed or certified seed,
and which has been found by means of
official certification, or certification under
official supervision, to satisfy the
respective conditions laid down in _**Part**_ A
of Annex II;

**Amendment 48**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 16**

(15) ‘basic seed’ means seed that has
been produced from pre-basic seed or
preceding generations of basic seed, is
intended for the production of further
generations of basic seed or certified seed,
and which has been found by means of
official certification, or certification under
official supervision, to satisfy the
respective conditions laid down in _**Parts**_ A
_**and D**_ of Annex II;

_Text proposed by the Commission_ _Amendment_

(16) ‘certified seed’ means seed that has
been produced from pre-basic, basic or
preceding generations of certified seed,
and which has been found by means of
official certification, or certification under
official supervision, to satisfy the
respective conditions laid down in _**Part**_ A
of Annex II;

(16) ‘certified seed’ means seed that has
been produced from pre-basic, basic or
preceding generations of certified seed,
and which has been found by means of
official certification, or certification under
official supervision, to satisfy the
respective conditions laid down in _**Parts**_ A
_**and D**_ of Annex II;

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**Amendment 49**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 17**

_Text proposed by the Commission_ _Amendment_

(17) ‘standard seed’ means seed, other
than pre-basic, basic or certified seed, that
is not intended for further multiplication,
and satisfies the respective conditions laid
down in _**Part**_ A of Annex III;

**Amendment 50**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 18**

(17) ‘standard seed’ means seed, other
than pre-basic, basic or certified seed, that
is not intended for further multiplication,
and satisfies the respective conditions laid
down in _**Parts**_ A _**and D**_ of Annex III;

_Text proposed by the Commission_ _Amendment_

         (18) ‘pre basic material’ means PRM,
other than seeds, that belongs to a
generation preceeding the generation of
basic material, is intended for the
production and certification of basic or
certified material, and has been found by

means of official certification or

certification under official supervision to
satisfy the respective conditions laid down
in _**Part B**_ of Annex II;

**Amendment 51**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 19**

       (18) ‘pre basic material’ means PRM,
other than seeds, that belongs to a
generation preceeding the generation of
basic material, is intended for the
production and certification of basic or
certified material, and has been found by

means of official certification or

certification under official supervision to
satisfy the respective conditions laid down
in _**Parts B, C and E**_ of Annex II;

_Text proposed by the Commission_ _Amendment_

(19) ‘basic material’ means PRM, other
than seed, that has been produced from
pre-basic material or preceding
generations of basic material, is intended
for the production and certification of
further generations of basic material or
certified material, and has been found by

(19) ‘basic material’ means PRM, other
than seed, that has been produced from
pre-basic material or preceding
generations of basic material, is intended
for the production and certification of
further generations of basic material or
certified material, and has been found by

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means of official certification or

certification under official supervision to
satisfy the respective conditions laid down
in _**Part B**_ of Annex II;

**Amendment 52**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 20**

means of official certification or

certification under official supervision to
satisfy the respective conditions laid down
in _**Parts B, C and E**_ of Annex II;

_Text proposed by the Commission_ _Amendment_

(20) ‘certified material’ means PRM,
other than seed, that has been produced
from pre-basic, basic or preceding
generations of certified material, and has
been found by means of official

certification or certification under official

supervision to satisfy the respective
conditions laid down in _**Part B**_ of Annex II;

**Amendment 53**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 21**

(20) ‘certified material’ means PRM,
other than seed, that has been produced
from pre-basic, basic or preceding
generations of certified material, and has
been found by means of official

certification or certification under official

supervision to satisfy the respective
conditions laid down in _**Parts B, C and E**_ of

Annex II;

_Text proposed by the Commission_ _Amendment_

(21) ‘standard material’ means PRM
other than seed, and other than pre-basic,
basic or certified material, that is not
intended for further multiplication, and
satisfies the respective conditions laid
down in _**Part B**_ of Annex III;

**Amendment 54**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 28**

(21) ‘standard material’ means PRM
other than seed, and other than pre-basic,
basic or certified material, that is not
intended for further multiplication, and
satisfies the respective conditions laid
down in _**Parts B, C and E**_ of Annex III;

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_Text proposed by the Commission_ _Amendment_

(28) ‘final user’ means any person
acquiring, transferring and using PRM for
purposes which are outside that person’s
professional activities;

**Amendment 55**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 29 – point a**

(28) ‘final user’ means any person
acquiring, transferring and using PRM for
purposes which are outside that person’s
_**primary**_ professional activities;

_Text proposed by the Commission_ _Amendment_

(a) traditionally grown _**or locally**_ newly
bred _**under specific**_ local conditions in the
_**Union, and adapted to those conditions;**_

_**and**_

(a) _**either a**_ traditionally grown _**landrace**_
_**or a**_ newly bred _**variety (modern landrace)**_
_**derived from on-farm selection or bred for**_
_**adaptation to**_ local conditions in the
_**context of the sustainable use of plant**_
_**genetic resources for food and**_
_**agriculture;**_

**Amendment 56**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 29 – point a a (new)**

_Text proposed by the Commission_ _Amendment_

_**(aa) not an F1 hybrid variety;**_

**Amendment 57**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 29 – point b**

_Text proposed by the Commission_ _Amendment_

(b) characterised by a _**high**_ level of (b) characterised by a _**satisfactory**_ level

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genetic and phenotypical diversity
between individual reproductive units;

of genetic and phenotypical diversity
between individual reproductive units;

**Amendment 58**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 29 – point b a (new)**

_Text proposed by the Commission_ _Amendment_

_**(ba) not subject, as a whole or in genetic**_
_**components, to intellectual property**_
_**rights that limit its use for conservation,**_
_**research, breeding, education, including**_
_**on farm by a farmer who uses the PRM**_
_**grown on the farm, of that variety for**_
_**those objectives;**_

**Amendment 59**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 30 – point c**

_Text proposed by the Commission_ _Amendment_

(c) their presence has an unacceptable
_**adverse**_ impact on the quality of the PRM,
and an unacceptable economic impact as
regards the use of that PRM in the Union;

**Amendment 60**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 31**

(c) their presence has an unacceptable
impact on the quality of the PRM, and an
unacceptable economic impact as regards
the use of that PRM in the Union;

_Text proposed by the Commission_ _Amendment_

(31) ‘practically free from pests’ means
_**completely free from pests, or**_ a situation
where the presence of quality pests on the
respective PRM is so low that those pests

(31) ‘practically free from _**quality**_ pests’
means a situation where the presence of
quality pests on the respective PRM is so
low that those pests do not affect

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do not affect _**adversely**_ the quality of that

PRM;

**Amendment 61**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 32**

_**excessively**_ the quality of that PRM;

_Text proposed by the Commission_ _Amendment_

(32) ‘seed potatoes’ means tubers of
Solanum tuberosum L., used for the
reproduction of _**other**_ potatoes;

**Amendment 354**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 35 a (new)**

(32) ‘seed potatoes’ means tubers of
Solanum tuberosum L., used for the
reproduction of potatoes;

_Text proposed by the Commission_ _Amendment_

_**(35a)**_ _**‘dynamic conservation’ means the**_
_**preservation of genetic diversity within**_
_**and between cultivated plant species, and**_
_**includes both in situ conservation and ex**_

_**situ conservation, with the aim of a**_
_**sustainable use of plant genetic resources**_
_**and agro-biodiversity in a way and at a**_
_**rate that does not lead to the long-term**_
_**decline of biological diversity, thereby**_
_**maintaining the potential to meet the**_
_**needs and aspirations of present and**_
_**future generations;**_

**Amendment 63**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 35 b (new)**

_Text proposed by the Commission_ _Amendment_

_**(35b)**_ _**‘NGT plant’ means plants obtained**_
_**by certain new genomic techniques as**_

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_**defined in Article 3, point 2 of Regulation**_
_**(EU) .../... [OJ, please insert reference to**_
_**Regulation on plants obtained by certain**_
_**new genomic techniques and their food**_
_**and feed] of the European Parliament and**_
_**of the Council;**_

**Amendment 64**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 35 c (new)**

_Text proposed by the Commission_ _Amendment_

_**(35c) 'commercial seed' means seed**_
_**produced and marketed for mixtures**_
_**referred to in Article 21 which is**_
_**identifiable as belonging to a species, but**_
_**not a variety, and which has been found**_
_**by official certification or by certification**_
_**carried out under official supervision to**_
_**satisfy the conditions set out in this**_
_**Regulation for certified seed with the**_
_**exception of the requirement in Article 5;**_

**Amendment 355**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 35 d (new)**

_Text proposed by the Commission_ _Amendment_

_**(35d)**_ _**‘small packages’ means packages**_
_**containing seed or material up to a**_
_**maximum of:**_

_**(a) 10 kg for cereals;**_

_**(b) 5 kg for fodder plants, beet, oil and**_
_**fibre plants;**_

_**(c) 10 kg for seed potatoes;**_

_**(d) 500 g for legumes;**_

_**(e) 100 g for onions, chervil, asparagus,**_
_**spinach beet or chard, red beet or**_
_**beetroot, turnips, water melon, gourd,**_

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_**marrows, carrots, radishes, scorzonera or**_
_**black salsify, spinach, corn salad or**_
_**lamb's lettuce;**_

_**(f) 20 g for other species of vegetables;**_

_**(g) 10 individuals for fruit and vine**_
_**cuttings.**_

**Amendment 66**

**Proposal for a regulation**
**Article 5 – paragraph 1 – point e**

_Text proposed by the Commission_ _Amendment_

(e) as _**seed**_ exchanged _**in kind**_ between
farmers in accordance with Article 30;

**Amendment 67**

**Proposal for a regulation**
**Article 5 – paragraph 1 – point f**

(e) as _**PRM**_ exchanged between farmers
in accordance with Article 30;

_Text proposed by the Commission_ _Amendment_

_**(f)**_ _**as breeder’s seed, in accordance**_
_**with Article 31;**_

**Amendment 68**

**Proposal for a regulation**
**Article 6 – paragraph 2 – point d**

_**deleted**_

_Text proposed by the Commission_ _Amendment_

(d) as _**seed**_ exchanged _**in kind**_ between
farmers in accordance with Article 30;

(d) as _**PRM**_ exchanged between farmers
in accordance with Article 30;

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**Amendment 69**

**Proposal for a regulation**
**Article 6 – paragraph 2 – point e**

_Text proposed by the Commission_ _Amendment_

_**(e)**_ _**breeder’s seed**_ _**as referred to in**_

_**Article 31.**_

**Amendment 70**

**Proposal for a regulation**
**Article 7 – paragraph 1 – point b – point ii**

_**deleted**_

_Text proposed by the Commission_ _Amendment_

(ii) in accordance with the requirements
set out in _**Part A**_ of Annex II, and its
compliance with those requirements is
attested by the official label referred to in
Article 15(1).

**Amendment 71**

**Proposal for a regulation**
**Article 7 – paragraph 2 – point b – point ii**

(ii) in accordance with the requirements
set out in _**Parts A**_ _**and D**_ of Annex II, and its
compliance with those requirements is
attested by the official label referred to in
Article 15(1).

_Text proposed by the Commission_ _Amendment_

(ii) in accordance with the requirements
set out in _**Part B**_ of Annex II, and its
compliance with those requirements is
attested by the official label referred to in
Article 15(1).

**Amendment 72**

**Proposal for a regulation**
**Article 7 – paragraph 3 – introductory part**

(ii) in accordance with the requirements
set out in _**Parts B and E**_ of Annex II, and its
compliance with those requirements is
attested by the official label referred to in
Article 15(1).

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_Text proposed by the Commission_ _Amendment_

3. The Commission is empowered to
adopt delegated acts in accordance with
Article 75, in order to amend Annex II.
Those amendments shall adapt to the
developments of international technical
and scientific standards and _**may**_ concern
the requirements for the following:

**Amendment 73**

**Proposal for a regulation**
**Article 7 – paragraph 3 – point g**

3. The Commission is empowered to
adopt delegated acts in accordance with
Article 75, in order to amend Annex II.
Those amendments shall adapt to the
developments of international technical
and scientific standards and _**shall only**_
concern the requirements for the
following:

_Text proposed by the Commission_ _Amendment_

(g) pre-basic, basic and certified
material of _**clones,**_ selected clones _**,**_
_**multiclonal mixtures and polyclonal PRM**_ ;

(g) _**production and marketing of**_ prebasic, basic and certified material of
selected clones;

**Amendment 74**

**Proposal for a regulation**
**Article 7 – paragraph 4 – subparagraph 1 – introductory part**

_Text proposed by the Commission_ _Amendment_

The Commission may adopt implementing
acts specifying the production and
marketing requirements referred to in
_**Part A and Part B of**_ Annex II for certain
genera, species or categories of PRM, and,
where appropriate, for certain grades,
classes, generations or other sub-divisions
of the category concerned. Those
requirements shall concern one or more of
the following elements

The Commission may adopt implementing
acts specifying the production and
marketing requirements referred to in
Annex II for certain genera, species or
categories of PRM, and, where
appropriate, for certain grades, classes,
generations or other sub-divisions of the
category concerned. Those requirements
shall concern one or more of the following

elements

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**Amendment 75**

**Proposal for a regulation**
**Article 7 – paragraph 4 – subparagraph 1 – point f**

_Text proposed by the Commission_ _Amendment_

( _**c**_ ) germination rates, purity and
content of other PRM, moisture, _**vigour,**_
presence of earth or extraneous matter;

**Amendment 76**

**Proposal for a regulation**
**Article 7 – paragraph 4 – subparagraph 2**

( _**f)**_ germination rates, purity and
content of other PRM, moisture, presence
of earth or extraneous matter;

_Text proposed by the Commission_ _Amendment_

Those implementing acts shall be adopted

in accordance with the examination

procedure set out in Article 76(2), in order
to adapt to the developments of the

_**relevent**_ international technical and

scientific standards.

**Amendment 77**

**Proposal for a regulation**
**Article 8 – paragraph 1 – point b – point ii**

Those implementing acts shall be adopted

in accordance with the examination

procedure set out in Article 76(2), in order
to adapt to the developments of the

_**relevant**_ international technical and

scientific standards _**and taking into**_
_**account the possible implications for PRM**_
_**production and availability and for small**_
_**operators**_ . _**Those implementing acts shall**_
_**be proportionate to the category of PRM.**_

_Text proposed by the Commission_ _Amendment_

(ii) in accordance with the requirements
set out in _**Part A**_ of Annex III, and its
compliance with those requirements is
attested by the operator’s label referred

to in Article 16.

(ii) in accordance with the requirements
set out in _**Parts A**_ _**and D**_ of Annex III, and
its compliance with those requirements is
attested by the operator’s label referred

to in Article 16.

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**Amendment 78**

**Proposal for a regulation**
**Article 8 – paragraph 2 – point b – point ii**

_Text proposed by the Commission_ _Amendment_

(ii) in accordance with the requirements
set out in _**Part B**_ of Annex III, and its
compliance with those requirements is
attested by the operator’s label referred

to in Article 16.

**Amendment 79**

**Proposal for a regulation**
**Article 8 – paragraph 3**

(ii) in accordance with the requirements
set out in _**Parts B and E**_ of Annex III, and
its compliance with those requirements is
attested by the operator’s label referred

to in Article 16.

_Text proposed by the Commission_ _Amendment_

_**3.**_ _**Once a year, professional operators**_
_**shall submit to the competent authority a**_
_**declaration concerning the quantities per**_
_**species of standard seed and material**_
_**they produced.**_

**Amendment 80**

**Proposal for a regulation**
**Article 8 – paragraph 4 – point g**

_**deleted**_

_Text proposed by the Commission_ _Amendment_

(g) requirements for _**clones, selected**_
_**clones, multiclonal mixtures and**_
polyclonal PRM of standard material;

**Amendment 81**

**Proposal for a regulation**
**Article 8 – paragraph 4 a (new)**

(g) requirements for _**production and**_
_**marketing of**_ polyclonal PRM of standard
material;

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_Text proposed by the Commission_ _Amendment_

_**4a.**_ _**Before adopting the delegated acts**_
_**referred to in paragraph 4, concerning the**_
_**requirements referred to in points (a) to**_
_**(i) thereof, the Commission shall assess**_
_**the implementation of those**_
_**requirements, taking into account the**_
_**possible implications for PRM production**_
_**and availability and for small operators.**_
_**Those delegated acts shall be**_
_**proportionate to the category of PRM.**_

**Amendment 82**

**Proposal for a regulation**
**Article 8 – paragraph 5 – subparagraph 1 – introductory part**

_Text proposed by the Commission_ _Amendment_

The Commission may adopt implementing
acts specifying the production and
marketing requirements referred to in
_**Part A and Part B of**_ Annex III for certain
genera or species of standard seed or
material. Those requirements shall
concern one or more of the following

elements:

The Commission may adopt implementing
acts specifying the production and
marketing requirements referred to in
Annex III for certain genera or species of

standard seed or material. Those

requirements shall concern one or more of
the following elements:

**Amendment 83**

**Proposal for a regulation**
**Article 8 – paragraph 5 – subparagraph 1 – point f**

_Text proposed by the Commission_ _Amendment_

(f) germination rates, purity and
content of other PRM, moisture, _**vigour,**_
presence of earth or extraneous matter;

(f) germination rates, purity and
content of other PRM, moisture, presence
of earth or extraneous matter;

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**Amendment 84**

**Proposal for a regulation**
**Article 8 – paragraph 5 – subparagraph 1 – point g**

_Text proposed by the Commission_ _Amendment_

(g) the application of bio-molecular or
other technical methods, as well as their
approval and use, and the listing of
approved methods in the Union;

**Amendment 85**

**Proposal for a regulation**
**Article 8 – paragraph 5 – subparagraph 2**

(g) the application of _**internationally**_
_**recognised**_ bio-molecular or other
technical methods, as well as their
approval and use, and the listing of
approved methods in the Union;

_Text proposed by the Commission_ _Amendment_

Those implementing acts shall be adopted

in accordance with the examination

procedure set out in Article 76(2), in order
to adapt to the developments of the

_**relevent**_ international technical and

scientific standards.

**Amendment 86**

**Proposal for a regulation**
**Article 9 – title**

Those implementing acts shall be adopted

in accordance with the examination

procedure set out in Article 76(2), in order
to adapt to the developments of the

_**relevant**_ international technical and

scientific standards _**and taking into**_
_**account the possible implications for PRM**_
_**production and availability and for small**_
_**operators**_ . _**Those implementing acts shall**_
_**be proportionate to the category of PRM.**_

_Text proposed by the Commission_ _Amendment_

Production _**,**_ marketing _**and registration of**_
_**clones,**_ selected clones _**, multiclonal**_
_**mixtures**_ and polyclonal PRM

_**Requirements for the**_ production _**and**_
marketing _**of**_ selected clones and
polyclonal PRM

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**Amendment 87**

**Proposal for a regulation**
**Article 9 – paragraph 1**

_Text proposed by the Commission_ _Amendment_

1. _**In addition to the requirements**_
_**referred to in Articles 4 to 43,**_ pre-basic,
basic _**,**_ certified and standard material of
_**clones, selected clones, multiclonal**_
_**mixtures and**_ polyclonal PRM shall be
produced and marketed in accordance
with paragraphs 2 and 3 and the
requirements set out respectively in Annex
II, Part C, and Annex III, Part C.

**Amendment 88**

**Proposal for a regulation**
**Article 9 – paragraph 2 – subparagraph 1**

1. Pre-basic, basic _**and**_ certified
_**material of selected clones**_ and standard
material of polyclonal PRM shall be
produced and marketed in accordance
with paragraphs 2 and 3 and the
requirements set out respectively in Annex
II, Part C, and Annex III, Part C.

_Text proposed by the Commission_ _Amendment_

_**Clones,**_ selected clones _**, multiclonal**_
_**mixtures**_ and polyclonal PRM may only be
produced and marketed if they are
registered by a competent authority in at
least one official register for clones
established by a Member State.

**Amendment 89**

**Proposal for a regulation**
**Article 9 – paragraph 2 – subparagraph 2**

Selected clones and polyclonal PRM may
only be produced and marketed if they are
registered by a competent authority in at
least one official register for _**selected**_
clones _**and polyclonal PRM**_ established by

a Member State.

_Text proposed by the Commission_ _Amendment_

That register shall include all elements
referred to in the application for the
registration of a _**clone,**_ selected clone _**,**_
_**multiclonal mixture**_ and polyclonal PRM,
as set out in _**Annex II, Part B, Part C point**_

That register shall include all elements
referred to in the application for the
registration of a selected clone and
polyclonal PRM, as set out in _**Article 53a**_ .

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_**2**_ .

**Amendment 90**

**Proposal for a regulation**
**Article 9 – paragraph 3**

_Text proposed by the Commission_ _Amendment_

3. _**Clones,**_ selected clones _**, multiclonal**_
_**mixtures**_ and polyclonal PRM shall be
maintained for the purpose of preserving
their identity. The persons responsible for
maintenance of _**the clones,**_ selected
clones _**, multiclonal mixtures**_ and
polyclonal PRM shall take all measures to
be able to make them verifiable by the
competent authorities or any other
person, on the basis of kept records.

**Amendment 91**

**Proposal for a regulation**
**Article 9 – paragraph 3 a (new)**

3. Selected clones and polyclonal PRM
shall be maintained for the purpose of
preserving their identity. The persons
responsible for maintenance of selected
clones and polyclonal PRM shall take all

measures to be able to make them

verifiable by the competent authorities or
any other person, on the basis of kept

records.

_Text proposed by the Commission_ _Amendment_

_**3a.**_ _**Polyclonal PRM, registered in the**_
_**register referred to in paragraph 2 of this**_
_**Article, shall be produced and marketed**_
_**only if it complies with all the**_
_**requirements concerning standard**_
_**material as referred to in Part C of Annex**_
_**III. Polyclonal PRM shall be accompanied**_
_**by a professional operator’s label with**_
_**the indication ‘Polyclonal material’, in**_

_**accordance with Article 17.**_

**Amendment 92**

**Proposal for a regulation**
**Article 10 – paragraph 1 – subparagraph 1**

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_Text proposed by the Commission_ _Amendment_

A professional operator may, upon
application, be authorised by the
competent authority to perform all or
certain activities required for certification
of PRM under official supervision of the
competent authority for pre-basic, basic
and certified material or seeds, and to

_**issue**_ an official label for them.

A professional operator may, upon
application, be authorised by the
competent authority to perform all or
certain activities required for certification
of PRM under official supervision of the
competent authority for pre-basic, basic
and certified material or seeds, and to
_**print**_ an official label for them.

**Amendment 93**

**Proposal for a regulation**
**Article 10 – paragraph 1 – subparagraph 2 – point c**

_Text proposed by the Commission_ _Amendment_

(c) employ qualified personnel for
carrying out the sampling referred to in
Annex II, or conclude contracts with
companies employing qualified personnel
for those activities;

(c) employ qualified personnel for
carrying out the sampling referred to in
Annex II, or conclude contracts with
companies _**or associations of professional**_
_**operators**_ employing qualified personnel
for those activities;

**Amendment 94**

**Proposal for a regulation**
**Article 10 – paragraph 1 – subparagraph 2 – point d**

_Text proposed by the Commission_ _Amendment_

(d) employ specialised personnel and
equipment to carry out the testing
referred to in Annex II, or use laboratories
employing qualified personnel for those
activities;

(d) employ specialised personnel and
equipment to carry out the testing
referred to in Annex II, or use _**PRM testing**_
laboratories employing qualified personnel
for those activities;

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**Amendment 95**

**Proposal for a regulation**
**Article 10 – paragraph 2 – introductory part**

_Text proposed by the Commission_ _Amendment_

2. The Commission is empowered to
adopt delegated acts in accordance with
Article 75, supplementing paragraph 1 as
regards _**one or more of the following**_

_**elements:**_

**Amendment 96**

**Proposal for a regulation**
**Article 10 – paragraph 2 – point a**

2. The Commission is empowered to
adopt delegated acts in accordance with
Article 75, supplementing paragraph 1 as
regards

_Text proposed by the Commission_ _Amendment_

_**(a)**_ _**procedure for the application**_
_**submitted by the professional operator;**_

**Amendment 97**

**Proposal for a regulation**
**Article 10 – paragraph 2 – point b**

_**deleted**_

_Text proposed by the Commission_ _Amendment_

_**(b)**_ specific actions to be taken by the
competent authority, in order to confirm
the compliance with paragraph 1, points
(a) to (g).

**Amendment 98**

**Proposal for a regulation**
**Article 12 – paragraph 1 – subparagraph 1**

specific actions to be taken by the
competent authority, in order to confirm
the compliance with paragraph 1, points
(a) to (g).

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_Text proposed by the Commission_ _Amendment_

For the purposes of the certification under
official supervision, the competent
authorities shall, at least once _**per year,**_

_**conduct audits**_ to ensure that the

professional operator fulfils the
requirements referred to in Article 10(1).

**Amendment 99**

**Proposal for a regulation**
**Article 12 – paragraph 3 – subparagraph 1**

For the purposes of the certification under
official supervision, the competent
authorities shall _**conduct regular audits**_, at
least once _**every 18 months,**_ to ensure that
the professional operator fulfils the
requirements referred to in Article 10(1).

_Text proposed by the Commission_ _Amendment_

The Commission _**may, by means of**_
_**implementing acts, specify**_ the
requirements for the audits, training,
examinations, inspections, sampling and
testing, as referred to in paragraphs 1 and
2, with regard to particular genera or
species.

The Commission _**is**_ _**empowered to adopt**_
_**delegated**_ _**acts in accordance with Article**_
_**75, supplementing this Regulation by**_
_**specifying**_ the requirements for the audits,
training, examinations, inspections,
sampling and testing, as referred to in
paragraphs 1 and 2, with regard to
particular genera or species.

**Amendment 100**

**Proposal for a regulation**
**Article 12 – paragraph 3 – subparagraph 2 – introductory part**

_Text proposed by the Commission_ _Amendment_

Those _**implementing**_ acts may specify one
or more of the following elements:

Those _**delegated**_ acts may specify one or
more of the following elements:

**Amendment 101**

**Proposal for a regulation**
**Article 12 – paragraph 3 – subparagraph 2 – point c**

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_Text proposed by the Commission_ _Amendment_

(c) use of particular accreditation
schemes by the professional operator, and
the possibility for the competent
authorities to reduce the inspections,
sampling and testing, and monitoring

activities referred to in this Article due to

the use of those schemes.

**Amendment 102**

**Proposal for a regulation**
**Article 12 – paragraph 3 – subparagraph 3**

(c) use of particular accreditation
schemes by the professional operator, and
the possibility for the competent
authorities to reduce the inspections,
sampling and testing, and monitoring

activities referred to in this Article due to

the use of those schemes _**, as referred to in**_
_**paragraph 2**_ .

_Text proposed by the Commission_ _Amendment_

_**Those implementing acts shall be adopted**_

_**in accordance with the examination**_

_**procedure referred to in Article 76(2).**_

**Amendment 103**

**Proposal for a regulation**
**Article 13 – paragraph 1**

_**deleted**_

_Text proposed by the Commission_ _Amendment_

1. PRM shall be marketed in lots. The

content of the varieties and species of
each lot shall be _**sufficiently homogeneous**_
_**regarding**_ and identifiable by its users as

distinct from other lots of PRM.

**Amendment 104**

**Proposal for a regulation**
**Article 13 – paragraph 2 – subparagraph 1**

1. PRM shall be marketed in lots. The

content of the varieties and species of
each lot shall be _**homogeneously mixed**_
and identifiable by its users as distinct

from other lots of PRM.

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_Text proposed by the Commission_ _Amendment_

During processing, packaging, storage, or
at delivery, lots of PRM may be merged
into a new lot only if they belong to the
same variety _**and harvest year**_ .

**Amendment 105**

**Proposal for a regulation**
**Article 14 – paragraph 1**

During processing, packaging, storage, or
at delivery, lots of PRM may be merged
into a new lot only if they belong to the
same variety.

_Text proposed by the Commission_ _Amendment_

1. PRM shall be marketed in fastened

packages, bundles or containers, bearing a
sealing device and marking. In the case of
PRM other than seeds, it may also be
marketed in the form of individual plants.

**Amendment 106**

**Proposal for a regulation**
**Article 14 – paragraph 4**

1. PRM shall be marketed in fastened

packages, bundles or containers, bearing a
sealing device and marking. In the case of
PRM other than seeds _**and seed potatoes**_,
it may also be marketed in the form of
individual plants.

_Text proposed by the Commission_ _Amendment_

4. Lots of pre-basic, basic or certified
PRM may be repackaged, re-labelled, and
re-sealed only _**under official control or**_
under the official supervision of the
competent authority.

**Amendment 107**

**Proposal for a regulation**
**Article 14 – paragraph 5 – subparagraph 1**

4. Lots of pre-basic, basic or certified
PRM may be repackaged, re-labelled, and
re-sealed only _**by the competent**_
_**authority, or by the professional operator**_
under the official supervision of the
competent authority.

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_Text proposed by the Commission_ _Amendment_

By way of derogation from paragraph 1,
seeds may be marketed from a
professional operator directly to a farmer

in bulk.

**Amendment 108**

**Proposal for a regulation**
**Article 14 – paragraph 5 – subparagraph 2**

By way of derogation from paragraph 1,
seeds _**and seed potatoes**_ may be
marketed from a professional operator
directly to a farmer in bulk.

_Text proposed by the Commission_ _Amendment_

That professional operator shall be
authorized for that purpose by the
competent authority. It shall inform the
competent authority in advance of such
activity and of the lot from which such

seed comes.

**Amendment 109**

**Proposal for a regulation**
**Article 14 – paragraph 5 – subparagraph 3**

That professional operator shall be
authorized for that purpose by the
competent authority. It shall inform the
competent authority in advance of such
activity and of the lot from which such
seed _**and seed potato**_ comes.

_Text proposed by the Commission_ _Amendment_

Where seed is loaded directly into the
farmer’s machinery or trailer, the
professional operator and the farmer
concerned shall ensure traceability of that
seed by issuing and retaining documents
indicating the species and variety,
quantity, the time of transfer and lot

identification.

Where seed _**and seed potato**_ is loaded
directly into the farmer’s machinery or
trailer, the professional operator and the
farmer concerned shall ensure traceability
of that seed _**and seed potato**_ by issuing
and retaining documents indicating the
species and variety, quantity, the time of

transfer and lot identification.

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**Amendment 110**

**Proposal for a regulation**
**Article 14 – paragraph 5 a (new)**

_Text proposed by the Commission_ _Amendment_

_**5a.**_ _**The competent authority or the**_
_**professional operator shall keep a record**_
_**of the following:**_

_**(a)**_ _**authorisation, purchase, load and**_
_**transport of the PRM; and**_

_**(b)**_ _**quality, identification and**_
_**traceability of the PRM.**_

**Amendment 111**

**Proposal for a regulation**
**Article 14 – paragraph 6**

_Text proposed by the Commission_ _Amendment_

6. The Commission may, by means of
implementing acts, adopt specific
requirements concerning sealing,
fastening, size and form of packages,
bundles and containers of specific species
of PRM, and specify conditions for the
marketing of seeds in bulk. Those
implementing acts shall be adopted in

accordance with the examination

procedure referred to in Article 76(2).

6. The Commission may, by means of
implementing acts, adopt specific
requirements concerning sealing,
fastening, size and form of packages,
bundles and containers of specific species
of PRM, and specify conditions for the
marketing of seeds _**and seed potato**_ in
bulk. Those implementing acts shall be
adopted in accordance with the
examination procedure referred to in
Article 76(2).

**Amendment 112**

**Proposal for a regulation**
**Article 15 – paragraph 2 – subparagraph 2 – point a**

_Text proposed by the Commission_ _Amendment_

(a) the competent authority, if so
requested by the professional operator, or
if the professional operator is not

(a) the competent authority _**, that issued**_
_**the official label**_, if so requested by the
professional operator, or if the

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authorised to carry out certification under
official supervision, by the competent
authority in accordance with Article 10; or

professional operator is not authorised to
carry out certification under official
supervision, by the competent authority in
accordance with Article 10; or

**Amendment 113**

**Proposal for a regulation**
**Article 15 – paragraph 2 – subparagraph 2 – point b**

_Text proposed by the Commission_ _Amendment_

(b) the professional operator, under the
official supervision of the competent
authority, where the professional operator
is authorised to carry out certification
under official supervision in accordance

with Article 10.

**Amendment 114**

**Proposal for a regulation**
**Article 15 – paragraph 6**

(b) the professional operator _**or**_
_**associations of professional operators**_,
under the official supervision of the
competent authority, where the
professional operator is authorised to
carry out certification under official
supervision in accordance with Article 10.

_Text proposed by the Commission_ _Amendment_

6. By way of derogation from
paragraphs 1 to 5, pre-basic, basic

_**material and seed basic material and**_

_**seed**_ and certified _**material**_ _**and**_ seed,
imported from third countries pursuant to
Article 39, shall be marketed in the Union
with the respective OECD label that was
accompanying them at import.

**Amendment 115**

**Proposal for a regulation**
**Article 16 – paragraph 2**

6. By way of derogation from
paragraphs 1 to 5 _**of this Article**_, pre-basic,
basic and certified seed imported from
third countries pursuant to Article 39, shall

be marketed in the Union with the

respective OECD label that was
accompanying them at import.

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_Text proposed by the Commission_ _Amendment_

The operator’s label shall be issued,
printed and affixed by the professional
operator, or by a person acting under the
responsibility of the professional _**opeartor,**_
on the _**outside of a**_ bundle, package or

container.

**Amendment 116**

**Proposal for a regulation**
**Article 17 – paragraph 2**

The operator's label shall be issued,
printed and affixed _**on the outside of a**_
_**plant bundle, package or container**_ by the
professional operator, or by a person
acting under the responsibility of the
professional _**operator. The information to**_
_**be included**_ on the _**professional operator’s**_
_**label may also be printed**_ _**directly on the**_
_**plant**_ bundle, package or container _**by the**_
_**professional operator, or by a person**_
_**acting under the responsibility of the**_
_**professional operator**_ .

_Text proposed by the Commission_ _Amendment_

2. The official label and the operator’s
label shall be legible, indelible, not
modifiable if tampered with, printed on
one side, not having been used previously,
and easily visible.

**Amendment 117**

**Proposal for a regulation**
**Article 17 – paragraph 3**

2. The official label and the operator’s
label shall be legible, indelible, not
modifiable if tampered with, printed on
one side, _**made of untearable material**_
_**unless it is an adhesive label,**_ not having
been used previously, and easily visible. _**It**_
_**shall include, where applicable, a**_
_**reference to the plant variety right and a**_
_**reference to the register referred to in**_
_**Article 46 in the case of further**_
_**intellectual property rights.**_

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_Text proposed by the Commission_ _Amendment_

3. Any space of the official label or the
operator’s label apart from the elements
mentioned in paragraph 4, _**may**_ be used
for additional information by the
competent authority. Such information
shall be presented in letters not larger

than those used for the content of the

official label or the operator’s label as
referred to in paragraph 4. That additional
information shall be strictly factual, it shall
not represent advertising material, and
shall be related only to the production and
marketing requirements or to labelling
requirements for genetically modified
organisms or category 1 NGT plants as
defined in Article 3(7) of Regulation (EU)
…/… (Office of Publications, please insert
reference to NGT Regulation ...). .

3. Any space of the official label or the
operator’s label apart from the elements
mentioned in paragraph 4, _**shall, where**_
_**relevant,**_ be used for additional
information by the competent authority.
Such information shall be presented in
letters not larger than those used for the

content of the official label or the

operator’s label as referred to in
paragraph 4. That additional information
shall be strictly factual, it shall not
represent advertising material, and shall
be related only to the production and
marketing requirements or to labelling
requirements for genetically modified
organisms or category 1 NGT plants as
defined in Article 3(7) of Regulation (EU)
…/… (Office of Publications, please insert
reference to NGT Regulation ...). .

**Amendment 118**

**Proposal for a regulation**
**Article 17 – paragraph 4 – subparagraph 1 – point h**

_Text proposed by the Commission_ _Amendment_

_**(h)**_ _**the label for the PRM marketed by**_
_**certain gene banks, organisations and**_
_**networks referred to in Article 29;**_

_**deleted**_

**Amendment 119**

**Proposal for a regulation**
**Article 17 – paragraph 4 – subparagraph 1 – point i**

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_Text proposed by the Commission_ _Amendment_

_**(i)**_ _**the label for**_ _**breeder’s material**_
_**referred to in Article 31(2);**_

_**deleted**_

**Amendment 120**

**Proposal for a regulation**
**Article 17 – paragraph 4 – subparagraph 1 – point n a (new)**

_Text proposed by the Commission_ _Amendment_

_**(na) the label for polyclonal material**_
_**referred to in Article 9(4).**_

**Amendment 121**

**Proposal for a regulation**
**Article 19 – paragraph 1 – introductory part**

_Text proposed by the Commission_ _Amendment_

In the case where official controls carried

out during the marketing of PRM show
that _**pre-basic, basic, certified seeds or**_
_**material, or standard seeds or material,**_
_**have**_ not been produced or marketed
within the Union in compliance with the
respective requirements _**referred to in**_
_**Articles 7 or 8, or in the case where the**_
_**varietal identity and purity of the PRM**_
_**were not confirmed in the control plot**_
_**testing in accordance with Article 24**_, the
competent authorities shall ensure that
the professional operator concerned takes
the necessary corrective actions
concerning the PRM _**concerned and**_ its
premises and production methods, as
appropriate. Those actions shall aim at
achieving one or more of the following

In the case where official controls carried

out during the marketing of PRM show
that _**it has**_ not been produced or marketed
within the Union in compliance with the
respective requirements _**applicable to**_
_**that PRM**_, the competent authorities shall
ensure that the professional operator
concerned takes the necessary corrective
actions concerning the PRM _**,**_ its premises
and production methods, as appropriate.
Those actions shall aim at achieving one or
more of the following elements:

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elements:

**Amendment 122**

**Proposal for a regulation**
**Article 19 – paragraph 1 – point c**

_Text proposed by the Commission_ _Amendment_

(c) with the exception of standard seed
or standard material, the PRM concerned
is _**produced or**_ marketed under a lower
category, in accordance with the
requirements applicable for that category;

**Amendment 123**

**Proposal for a regulation**
**Article 19 – paragraph 1 – point d**

(c) with the exception of standard seed
or standard material, _**heterogeneous seed**_
_**or heterogeneous material and PRM**_
_**marketed under the derogations provided**_
_**for in Articles 27 to 30,**_ the PRM

concerned is marketed under a lower

category, in accordance with the
requirements applicable for that category;

_Text proposed by the Commission_ _Amendment_

(d) the professional operator _**is**_
sanctioned by additional means to the

withdrawal or modification of the

authorisation referred to in Article 11.

**Amendment 124**

**Proposal for a regulation**
**Article 20 – paragraph 2 a (new)**

(d) _**where applicable,**_ the professional
operator _**may be**_ sanctioned by additional

means to the withdrawal or modification

of the authorisation referred to in Article

11.

_Text proposed by the Commission_ _Amendment_

_**2a.**_ _**Upon application by a Member**_
_**State, the Commission may, by means of**_
_**implementing acts, authorise a Member**_

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_**State to be released from the obligation**_
_**to apply the provisions laid down in this**_
_**Article for the production and marketing**_
_**of PRM within its territory, specifically**_
_**pertaining to a genus or species listed in**_
_**Annex IV, which is not normally**_
_**reproduced or marketed within its**_
_**territory. Those implementing acts shall**_
_**be adopted in accordance with the**_
_**examination procedure referred to in**_
_**Article 76(2).**_

_**The authorisation referred to in the first**_
_**subparagraph of this paragraph shall be**_
_**based on an assessment of the conditions**_
_**laid down in paragraph 2, second**_
_**subparagraph, points (a) and (b).**_

_**The authorisation referred to in the first**_
_**subparagraph of this paragraph shall be**_
_**subject to regular review. The**_
_**Commission may decide, by means of**_
_**implementing acts, that the authorisation**_
_**is to be repealed, if it considers that it is**_
_**no longer justified in view of the**_
_**conditions referred to in paragraph 2,**_
_**second subparagraph, points (a) and (b).**_
_**Those implementing acts shall be adopted**_

_**in accordance with the examination**_

_**procedure referred to in Article 76(2).**_

**Amendment 125**

**Proposal for a regulation**
**Article 21 – paragraph 1 – subparagraph 1**

_Text proposed by the Commission_ _Amendment_

Mixtures of certified seed or mixtures of

standard seed of various genera or species
listed in _**Part**_ A of Annex I and complying
with the requirements of Articles 5 to 8, as

well as of different varieties of those

genera or species, may be produced and
marketed in the Union, if they _**fullfill**_ the
requirements of this Article.

Mixtures of certified seed or mixtures of

standard seed of various genera or species

listed in _**Parts**_ A _**and B**_ of Annex I and

complying with the requirements of
Articles 5 to 8, _**whether or not in**_
_**combination with commercial seed,**_ as

well as of different varieties of those

genera or species, may be produced and

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marketed in the Union, if they _**fulfil**_ the
requirements of this Article.

**Amendment 126**

**Proposal for a regulation**
**Article 21 – paragraph 1 – subparagraph 2 – point b**

_Text proposed by the Commission_ _Amendment_

(b) an operator’s label, in _**the case**_
_**where the mixture consists only of**_
_**standard seed, or of certified and**_

_**standard seed**_ .

**Amendment 127**

**Proposal for a regulation**
**Article 21 – paragraph 1 – subparagraph 3**

(b) an operator’s label, in _**all other**_

_**cases**_ .

_Text proposed by the Commission_ _Amendment_

For the purposes of the second
subparagraph, point (a), the professional
operators shall submit to the competent
authority the list of constituent varieties of
the mixture and their ratios, for
verification of eligibility of those varieties.

For the purposes of the second
subparagraph, point (a), the professional
operators shall submit to the competent
authority the list of constituent varieties
_**and commercial seed components**_ of the
mixture and their ratios, for verification of
eligibility of those varieties.

**Amendment 128**

**Proposal for a regulation**
**Article 22 – paragraph 1 – subparagraph 1 – introductory part**

_Text proposed by the Commission_ _Amendment_

By way of derogation from Article 21(1),
Member States may authorise the
production and marketing of a mixture of
seeds of various genera or species listed in

By way of derogation from _**Articles 5 to 8**_
_**and**_ Article 21(1), Member States may
authorise the production and marketing of
a mixture of seeds of various genera or

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_**Part A**_ of Annex I, _**as well as of different**_
_**varieties of those genera or species,**_
_**together with seeds of**_ genera or species
of other Parts of that Annex, or of genera
or species not listed in that Annex, if such
_**a mixture fulfils**_ all of the following

conditions:

species listed in _**Parts A, B and C**_ of Annex
I, _**and**_ genera or species of other Parts of
that Annex, or of genera or species not
listed in that Annex, if such _**mixtures fulfil**_
all of the following conditions:

**Amendment 129**

**Proposal for a regulation**
**Article 22 – paragraph 1 – subparagraph 1 – point a**

_Text proposed by the Commission_ _Amendment_

(a) _**it contributes**_ to the conservation of
genetic resources, or the restoration of
the natural environment; and

(a) _**they contribute**_ to the conservation
of genetic resources, or the restoration of
the natural environment; and

**Amendment 130**

**Proposal for a regulation**
**Article 22 – paragraph 1 – subparagraph 1 – point b**

_Text proposed by the Commission_ _Amendment_

(b) _**it is**_ naturally associated with a
particular area (‘ _**source area**_ ’) contributing
to the conservation of genetic resources or

the restoration of the natural

environment;

(b) _**they are**_ naturally associated with a
particular area (‘ _**region of origin**_ ’)
contributing to the conservation of genetic

resources or the restoration of the natural

environment;

**Amendment 131**

**Proposal for a regulation**
**Article 22 – paragraph 1 – subparagraph 1 – point c**

_Text proposed by the Commission_ _Amendment_

(c) _**it complies**_ with the requirements of (c) _**they comply**_ with the requirements

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Annex V. of Annex V.

**Amendment 132**

**Proposal for a regulation**
**Article 22 – paragraph 1 – subparagraph 1 – point c a (new)**

_Text proposed by the Commission_ _Amendment_

_**(ca)**_ _**they do not consist of a GMO or a**_
_**category 1 NGT plant as defined in Article**_
_**3(7) of Regulation (EU) …/…**_  _**NGT**_
_**Regulation] or of a category 1 or 2 NGT**_
_**plant as defined in Article 3(8) of**_
_**Regulation (EU) …/…**_  _**NGT Regulation].**_

**Amendment 133**

**Proposal for a regulation**
**Article 22 – paragraph 1 – subparagraph 2**

_Text proposed by the Commission_ _Amendment_

Such _**mixture constitutes a**_ ‘preservation

_**mixture**_ ’ and this shall be mentioned on _**its**_

label.

Such _**mixtures constitute**_ ‘preservation

_**mixtures**_ ’ and this shall be mentioned on

_**their**_ label.

**Amendment 134**

**Proposal for a regulation**
**Article 22 – paragraph 2 – subparagraph 1 – point a**

_Text proposed by the Commission_ _Amendment_

(a) authorisation requirements for
mixtures of seeds collected directly from a
natural place belonging to a defined
_**source area**_, for the conservation and

restoration of the natural environment

(directly harvested preservation mixtures);

(a) authorisation requirements for
mixtures of seeds collected directly from a
natural place belonging to a defined
_**region of origin**_, for the conservation and

restoration of the natural environment

(directly harvested preservation mixtures);

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**Amendment 135**

**Proposal for a regulation**
**Article 22 – paragraph 2 – subparagraph 2**

_Text proposed by the Commission_ _Amendment_

Those _**amendments**_ shall be based on the

experience gathered by the
implementation of this Article, and any
technical and scientific developments and
the improvement of the quality and
identification of preservation mixtures.
They may concern particular genera or
species only.

**Amendment 136**

**Proposal for a regulation**
**Article 23 – title**

Those _**delegated acts**_ shall be based on
the experience gathered by the
implementation of this Article, and any
technical and scientific developments and
the improvement of the quality and
identification of preservation mixtures.
They may concern particular genera or
species only.

_Text proposed by the Commission_ _Amendment_

Re-packaging and re-labelling of _**seed**_ lots Re-packaging and re-labelling of _**PRM**_ lots

**Amendment 137**

**Proposal for a regulation**
**Article 23 – paragraph 1**

_Text proposed by the Commission_ _Amendment_

1. _**Seed**_ lots of pre-basic, basic and
certified seed shall be repackaged and
relabeled in accordance with this Article,
Articles 14 and 15, where this is necessary
for splitting or merging of lots.

1. _**PRM**_ lots of pre-basic, basic and
certified seed shall be repackaged and
relabeled in accordance with this Article,
Articles 14 and 15, where this is necessary
for splitting or merging of lots.

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**Amendment 138**

**Proposal for a regulation**
**Article 23 – paragraph 2 – subparagraph 1 – introductory part**

_Text proposed by the Commission_ _Amendment_

The re-packaging and re-labelling of a _**seed**_
lot shall be conducted by:

**Amendment 139**

**Proposal for a regulation**
**Article 25 – paragraph 1**

The re-packaging and re-labelling of a _**PRM**_
lot shall be conducted by:

_Text proposed by the Commission_ _Amendment_

1. After the marketing of standard
seeds, the competent authorities shall
carry out control plot tests to check
whether the seeds comply with the
_**respective varietal identity and varietal**_
_**purity**_ requirements _**, and with other**_
_**requirements**_, as appropriate.

**Amendment 140**

**Proposal for a regulation**
**Article 25 – paragraph 2**

1. After the marketing of standard
seeds, the competent authorities shall _**, if**_
_**indicated by the risk analysis,**_ carry out
control plot tests to check whether the
seeds comply with the requirements _**set**_
_**out in Article 8 and in Annex III**_, as

appropriate.

_Text proposed by the Commission_ _Amendment_

2. The proportion of the control plot

tests shall be determined on the basis of a

risk analysis concerning possible noncompliance of the respective seeds with
those requirements.

2. The proportion of the control plot

tests shall be determined on the basis of a

risk analysis concerning possible noncompliance of the respective seeds with
those requirements. _**Such a risk analysis**_
_**shall be carried out by the competent**_
_**authority on the basis of territorial**_
_**characteristics, the existence of plant**_
_**health risks in the region, and the track**_
_**record of the professional operator.**_

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**Amendment 141**

**Proposal for a regulation**
**Article 26 – paragraph 1**

_Text proposed by the Commission_ _Amendment_

1. By way of derogation from Article
20, PRM belonging to a conservation
variety registered in a national variety
register referred to in Article 44(1), point
(b), may be produced and marketed in the
Union as standard seed or material, if it
complies with all the requirements
concerning standard seed and material for
the respective species, as referred to in

Article 8.

**Amendment 142**

**Proposal for a regulation**
**Article 26 – paragraph 3**

1. By way of derogation from Article
20, PRM _**of genera and species listed in**_
_**Annex IV and**_ belonging to a conservation
variety registered in a national variety
register referred to in Article 44(1), point
(b), may be produced and marketed in the
Union as standard seed or material, if it
complies with all the requirements
concerning standard seed and material for
the respective species, as referred to in

Article 8.

_Text proposed by the Commission_ _Amendment_

3. A professional operator who uses
this derogation shall annually notify to the
competent authority this activity _**, with**_
_**regard to the species and quantities**_

_**concerned**_ .

**Amendment 143**

**Proposal for a regulation**
**Article 27 – paragraph 1**

3. A professional operator who uses
this derogation shall annually notify to the
competent authority this activity.

_Text proposed by the Commission_ _Amendment_

1. By way of derogation from Article 5, 1. By way of derogation from Article 5,

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PRM of heterogeneous material may be
produced and marketed within the Union
without belonging to a variety. _**The**_
heterogeneous material shall be notified
to and _**register**_ by the competent
authority prior to its production and/or
marketing, in accordance with the
requirements set out in Annex VI.

**Amendment 144**

**Proposal for a regulation**
**Article 27 – paragraph 2**

PRM of heterogeneous material _**, with the**_
_**exclusion of the production and**_
_**marketing of fodder plants listed in Annex**_
_**I,**_ may be produced and marketed within
the Union without belonging to a variety.
_**PRM of**_ heterogeneous material shall be
notified to and _**registered**_ by the
competent authority prior to its
production and/or marketing, in
accordance with the requirements set out

in Annex VI.

_Text proposed by the Commission_ _Amendment_

2. By way of derogation from _**Articles**_
_**7(1), (3) and Article 8(1), (3)**_, the PRM of
heterogeneous material referred to in
paragraph 1 shall be produced and

marketed in accordance with the

requirements set out in Annex VI.

2. By way of derogation from _**Article**_ _**7,**_
_**Article 8, Article 13(2) and (5) and Articles**_
_**18 and 20**_, the PRM of heterogeneous
material referred to in paragraph 1 shall
be produced and marketed in accordance
with the requirements set out in Annex VI.

**Amendment 145**

**Proposal for a regulation**
**Article 27 – paragraph 3 – subparagraph 1 – point c**

_Text proposed by the Commission_ _Amendment_

(c) improve the rules on _**maitenance**_ of
heterogenous PRM, on the basis of the
emergence of best practices.

**Amendment 146**

**Proposal for a regulation**
**Article 27 – paragraph 4**

(c) improve the rules on _**maintenance**_
of heterogenous PRM _**, where applicable**_,
on the basis of the emergence of best
practices.

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_Text proposed by the Commission_ _Amendment_

4. Any professional operator producing
and/or intending to market PRM of
heterogeneous material shall submit a
notification to the competent authority
prior to marketing. If no further
information is requested by the national
competent authority within _**a time**_
_**determined**_ by the competent authority,
the PRM of heterogeneous material may

be marketed.

4. Any professional operator producing
and/or intending to market PRM of
heterogeneous material shall submit a
notification to the competent authority
prior to marketing. If no further
information is requested by the national
competent authority within _**three months**_
by the competent authority, the PRM of
heterogeneous material may be marketed.

**Amendment 147**

**Proposal for a regulation**
**Article 27 – paragraph 5 – subparagraph 3 – point d**

_Text proposed by the Commission_ _Amendment_

(d) the breeding location of the PRM of
heterogeneous material _**and production**_
_**location**_ ;

**Amendment 148**

**Proposal for a regulation**
**Article 27 – paragraph 5 – subparagraph 4**

(d) the breeding _**or production**_ location
of the PRM of heterogeneous material;

_Text proposed by the Commission_ _Amendment_

The competent authorities shall have

access to the information referred to in

this paragraph.

**Amendment 149**

**Proposal for a regulation**
**Article 27 – paragraph 7 – subparagraph 1**

The competent authorities shall have

access to the information referred to in

this paragraph _**, in the context of post-**_
_**marketing controls**_ .

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_Text proposed by the Commission_ _Amendment_

Heterogeneous material as notified
pursuant to paragraph 1, shall be
registered by the competent authorities in
a dedicated register (‘heterogeneous
material register’).

**Amendment 150**

**Proposal for a regulation**
**Article 27 – paragraph 7 – subparagraph 2**

Heterogeneous material as notified
pursuant to paragraph 1, shall be
registered by the competent authorities in
a dedicat ed register (‘heterogeneous
material register’). _**The registration shall**_
_**be free of charge to the professional**_

_**operator.**_

_Text proposed by the Commission_ _Amendment_

The competent authorities shall keep,
update and publish that register, and
notify immediately its content and
updates to the Commission.

**Amendment 151**

**Proposal for a regulation**
**Article 28 – paragraph 1 – subparagraph 2**

The competent authorities shall keep,
update and publish that register, _**make it**_
_**accessible online**_ and notify immediately
its content and updates to the

Commission.

_Text proposed by the Commission_ _Amendment_

A professional operator who uses this
derogation shall annually notify this
activity to the competent authority _**, with**_
_**regard to the species and quantities**_

_**concerned**_

**Amendment 152**

**Proposal for a regulation**
**Article 28 – paragraph 2**

A professional operator who uses this
derogation shall annually notify this
activity to the competent authority _**.**_

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_Text proposed by the Commission_ _Amendment_

_**2.**_ _**The Commission shall, by means of**_
_**implementing acts, adopt rules**_
_**concerning the size, form, sealing and**_
_**handling requirements concerning the**_
_**small packages referred to in paragraph 1**_
_**point (d).**_

_**Those implementing acts shall be adopted**_

_**in accordance with the examination**_

_**procedure referred to in Article 76(2).**_

**Amendment 153**

**Proposal for a regulation**
**Article 29 – title**

_**deleted**_

_Text proposed by the Commission_ _Amendment_

PRM marketed to _**and**_ between _**gene**_
_**banks,**_ organisations and networks

**Amendment 154**

**Proposal for a regulation**
**Article 29 – paragraph 1 – subparagraph 1**

PRM marketed to _**, by,**_ between _**and within**_
organisations and networks _**dedicated to**_
_**dynamic conservation**_

_Text proposed by the Commission_ _Amendment_

By way of derogation from Articles 5 to 25,
PRM may be marketed to, _**or**_ between _**,**_
_**gene banks,**_ organisations and networks
_**with a statutory objective, or an objective**_
_**official notified**_ to _**the competent**_
_**authority, to conserve plant genetic**_
_**resources,**_ whereby any of the activities
are carried out for non-profit purposes.

By way of derogation from Articles 5 to 25,
PRM may be marketed to, _**by,**_ between
_**and within**_ organisations and networks
_**including farmers, dedicated**_ to _**dynamic**_
_**conservation**_ whereby any of the activities
are carried out for non-profit purposes.

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**Amendment 155**

**Proposal for a regulation**
**Article 29 – paragraph 1 – subparagraph 2**

_Text proposed by the Commission_ _Amendment_

It _**can**_ be marketed _**as well**_ from those

_**gene banks,**_ organisations and networks
to persons who carry out conservation of
that PRM as final consumers _**, for non-**_
_**profit**_ purposes.

It _**may also**_ be marketed from those
_**conservation**_ organisations and networks
_**or their members**_ to persons who carry
out _**dynamic**_ conservation of that PRM as
final consumers _**or**_ _**for farming**_ purposes.

**Amendment 156**

**Proposal for a regulation**
**Article 29 – paragraph 1 – subparagraph 3 – point a**

_Text proposed by the Commission_ _Amendment_

(a) be listed in a register kept by those
_**gene banks,**_ organisations and networks
with _**an appropriate**_ description of that

PRM;

(a) be listed in a register kept by those
_**conservation**_ organisations and networks
with _**a basic**_ description of that PRM _**, in**_
_**the event that it does not belong to a**_
_**variety registered in a national variety**_
_**register referred to in Article 44**_ ;

**Amendment 157**

**Proposal for a regulation**
**Article 29 – paragraph 1 – subparagraph 3 – point b**

_Text proposed by the Commission_ _Amendment_

(b) be conserved by those _**gene banks,**_
organisations and networks, and samples
of that PRM be made available by them to
the competent authorities upon request;

and

(b) be conserved by those _**conservation**_
organisations and networks, and _**, where**_
_**quantities allow it,**_ samples of that PRM
be made available by them to the
competent authorities upon request; and

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**Amendment 158**

**Proposal for a regulation**
**Article 29 – paragraph 1 – subparagraph 3 – point c**

_Text proposed by the Commission_ _Amendment_

(c) be practically free from quality pests
and any defects likely to impair its quality
as a reproductive material _**, and have**_
_**satisfactory vigour and dimensions in**_
_**respect of its usefulness as PRM, and, in**_
_**the case of seeds, have satisfactory**_
_**germination capacity**_ .

**Amendment 159**

**Proposal for a regulation**
**Article 29 – paragraph 2**

(c) be practically free from quality pests
and any defects likely to impair its quality
as a reproductive material.

_Text proposed by the Commission_ _Amendment_

2. The _**gene banks,**_ organisations and
networks shall notify the competent
authority of the use of the derogation
referred to in paragraph 1 and the species

concerned.

**Amendment 160**

**Proposal for a regulation**
**Article 30 – title**

2. The _**conservation**_ organisations and
networks shall notify the competent
authority of the use of the derogation
referred to in paragraph 1 and the species

concerned.

_Text proposed by the Commission_ _Amendment_

_**Seed**_ exchanged _**in kind**_ between farmers _**PRM**_ exchanged between farmers

**Amendment 161**

**Proposal for a regulation**
**Article 30 – paragraph 1 – introductory part**

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_Text proposed by the Commission_ _Amendment_

1. By way of derogation from Articles 5
_**-**_ 25, farmers may exchange _**seeds**_ in kind,
if such _**seeds**_ _**fulfill**_ all of the following

conditions:

**Amendment 162**

**Proposal for a regulation**
**Article 30 – paragraph 1 – point 1**

1. By way of derogation from Articles 5
_**to**_ 25, farmers may exchange _**PRM**_ in kind
_**or for monetary compensation**_, if such
_**PRM**_ _**fulfil**_ all of the following conditions:

_Text proposed by the Commission_ _Amendment_

(1) _**are**_ produced in the respective
farmer’s own premises;

**Amendment 163**

**Proposal for a regulation**
**Article 30 – paragraph 1 – point 2**

(1) _**is**_ produced in the respective
farmer’s own premises;

_Text proposed by the Commission_ _Amendment_

(2) _**are**_ derived from the respective
farmer’s own _**harvest**_ ;

**Amendment 164**

**Proposal for a regulation**
**Article 30 – paragraph 1 – point 3**

(2) _**is**_ derived from the respective
farmer’s own _**crops**_ ;

_Text proposed by the Commission_ _Amendment_

(3) _**are**_ not subject to a service contract
conducted by the respective farmer with a
professional operator performing seed
production; and

(3) _**in the case of seeds,**_ _**is**_ not subject to
a service contract conducted by the
respective farmer with a professional
operator performing seed production; and

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**Amendment 165**

**Proposal for a regulation**
**Article 30 – paragraph 1 – point 4**

_Text proposed by the Commission_ _Amendment_

(4) the _**seed**_ is used for dynamic
management of farmer’s own _**seed**_ for the
purpose of contributing to agro-diversity.

**Amendment 166**

**Proposal for a regulation**
**Article 30 – paragraph 2 – introductory part**

(4) the _**PRM**_ is used for dynamic
management _**and conservation**_ of _**the**_
farmer’s own _**PRM**_ for the purpose of
contributing to agro-diversity.

_Text proposed by the Commission_ _Amendment_

2. Such _**seeds**_ shall fulfil all of the

following requirements:

**Amendment 167**

**Proposal for a regulation**
**Article 30 – paragraph 2 – point b**

2. Such _**PRM**_ shall fulfil all of the

following requirements:

_Text proposed by the Commission_ _Amendment_

(b) to be limited _**to small**_ quantities _**,**_
_**defined by the competent authorities for**_
_**specific species per year and per farmer**_,
without using commercial intermediaries
or public offer of marketing; and

**Amendment 168**

**Proposal for a regulation**
**Article 30 – paragraph 2 – point c**

(b) to be limited _**in**_ quantities, without
using commercial intermediaries or public
offer of marketing; and

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_Text proposed by the Commission_ _Amendment_

(c) to be practically free from quality
pests and any defects likely to impact their
quality _**as**_ seeds, _**and**_ shall have
satisfactory germination capacity.

**Amendment 169**

**Proposal for a regulation**
**Article 30 – paragraph 3**

(c) to be practically free from quality
pests and any defects likely to impact their
quality _**and for**_ seeds, shall have
satisfactory germination capacity.

_Text proposed by the Commission_ _Amendment_

_**3.**_ _**Member States shall annually notify**_

_**to the Commission and the other Member**_

_**States the amounts per species defined in**_
_**accordance with paragraph 2, point (b).**_

**Amendment 170**

**Proposal for a regulation**
**Article 30 a (new)**

_**deleted**_

_Text proposed by the Commission_ _Amendment_

_**Article 30a**_

_**Maximum quantity of each species which**_

_**may be exchanged**_

_**The Commission is empowered to adopt**_
_**delegated acts in accordance with Article**_
_**75, supplementing this Regulation, in**_
_**order to set up, for each species, the**_
_**maximum quantity which may be**_
_**exchanged, referred to in Article 30(2),**_
_**point (b). That quantity shall be set taking**_
_**into consideration the needs of small-**_
_**scale professional farmers as well as**_
_**plant health risks, while promoting the**_
_**development and maintenance of diverse**_

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_**farming systems.**_

**Amendment 171**

**Proposal for a regulation**
**Article 31**

_Text proposed by the Commission_ _Amendment_

_**Article 31**_ _**deleted**_

_**Breeder’s seed**_

_**1.**_ _**By way of derogation from Articles**_
_**5 -25, a competent authority may**_
_**authorise operators to market seed of**_
_**generations preceeding the pre-basic**_
_**category to another operator, for the**_
_**purpose of breeding new varieties**_
_**(breeders’ seed).**_

_**The competent authority shall determine**_
_**the duration of the authorisation and**_
_**quantities per species, when granting**_

_**that authorisation.**_

_**2.**_ _**The PRM referred to in paragraph 1**_
_**shall be accompanied by a label issued by**_
_**the professional operator, with the**_
_**indication ‘breeder’s seed’, that shall be**_
_**affixed, as applicable, on the container,**_
_**bundle or package of that material.**_

_**It shall be sealed and bear a lot number**_

_**to be used for identification purposes and**_
_**control plot testing before it is used as**_
_**pre-basic seed.**_

**Amendment 172**

**Proposal for a regulation**
**Article 32 – paragraph 1 – subparagraph 1 – introductory part**

_Text proposed by the Commission_ _Amendment_

By way of derogation from Article 5, a By way of derogation from Article 5, a

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competent authority may authorise
professional operators to produce and
market, for the purposes of multiplication,
pre-basic seeds, pre-basic material, basic
seeds and basic material belonging to a
variety not yet registered in a national
variety register, referred to in Article 44, if
all of the following requirements are

fulfilled:

**Amendment 173**

**Proposal for a regulation**
**Article 32 – paragraph 1 – subparagraph 2**

competent authority may authorise
professional operators to produce and
market, for the purposes of multiplication,
pre-basic seeds, pre-basic material, basic
seeds and basic material _**, standard seed**_
_**and standard material**_ belonging to a
variety not yet registered in a national
variety register, referred to in Article 44, if
all of the following requirements are

fulfilled:

_Text proposed by the Commission_ _Amendment_

Such authorisation may be granted for a
maximum period of 3 years in the case of
seeds, and 5 years in the case of PRM
other than seeds, and for _**small**_ quantities
per species as specified by the competent
authority.

Such authorisation may be granted for a
maximum period of 3 years in the case of
seeds, and 5 years in the case of PRM
other than seeds, and for _**limited**_
quantities per species as specified by the
competent authority _**in correlation with**_
_**the volume of production at Member**_

_**State level**_ .

**Amendment 174**

**Proposal for a regulation**
**Article 32 – paragraph 1 – subparagraph 2 a (new)**

_Text proposed by the Commission_ _Amendment_

_**This derogation shall not apply to PRM**_
_**consisting of a genetically modified**_
_**organism within the meaning of Directive**_
_**2001/18/EC.**_

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**Amendment 175**

**Proposal for a regulation**
**Article 32 – paragraph 2 – introductory part**

_Text proposed by the Commission_ _Amendment_

By way of derogation from Articles 5, 7, 10
-12, 15, 20, 23 and 24, a competent
authority may authorise professional
operators for a maximum period of 3 years
in the case of seeds, and 5 years in the
case of PRM other than seeds, and for
_**small**_ quantities per species as determined
by the competent authority, to produce
and market PRM belonging to a variety not
yet registered in a national variety register
referred to in Article 44, if all of the
following requirements are fulfilled:

**Amendment 176**

**Proposal for a regulation**
**Article 32 – paragraph 3 – point a**

By way of derogation from Articles 5, 7, 10
-12, 15, 20, 23 and 24, a competent
authority may authorise professional
operators for a maximum period of 3 years
in the case of seeds, and 5 years in the
case of PRM other than seeds, and for
_**limited**_ quantities per species as
determined by the competent authority _**,**_
_**in correlation with the volume of**_
_**production at Member State level**_, to
produce and market PRM belonging to a
variety not yet registered in a national
variety register referred to in Article 44, if
all of the following requirements are

fulfilled:

_Text proposed by the Commission_ _Amendment_

_**(a)**_ _**the production of the stock of pre-**_
_**basic seeds and material, and basic seeds**_
_**and material, and certified seeds and**_
_**material available before the variety**_
_**registration and the envisaged tests and**_
_**trials for the standard seeds and material;**_

**Amendment 177**

**Proposal for a regulation**
**Article 32 – paragraph 3 – point e**

_**deleted**_

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_Text proposed by the Commission_ _Amendment_

_**(e)**_ _**the site where production will take**_
_**place; and**_

**Amendment 178**

**Proposal for a regulation**
**Article 32 – paragraph 3 – point f**

_**deleted**_

_Text proposed by the Commission_ _Amendment_

_**(f)**_ _**the quantities of the material to be**_

_**made available on the market.**_

_**deleted**_

**Amendment 179**

**Proposal for a regulation**
**Article 33 – paragraph 1 – subparagraph 1 – introductory part**

_Text proposed by the Commission_ _Amendment_

In order to remove temporary difficulties
in the general supply of PRM that may

occur in the Union due to adverse climatic

conditions or other unforeseen

circumstances, the Commission, _**by means**_
_**of an implementing act, may**_ authorise
Member States for a maximum period of 1
year, to allow the marketing of the
categories of pre-basic, basic or certified
material or seed, which fulfils one of the
following conditions:

**Amendment 180**

**Proposal for a regulation**
**Article 33 – paragraph 1 – subparagraph 3**

In order to remove temporary difficulties
in the general supply of PRM that may

occur in the Union due to adverse climatic

conditions or other unforeseen

circumstances, the Commission _**is**_
_**empowered to adopt delegated acts in**_
_**accordance with Article 75, amending this**_
_**Regulation**_, _**in order to**_ authorise Member
States for a maximum period of 1 year, to
allow the marketing of the categories of
pre-basic, basic or certified material or
seed, which fulfils one of the following

conditions:

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_Text proposed by the Commission_ _Amendment_

That _**implementing act may**_ set out the
maximum quantities, which may be
marketed per genera or species.

**Amendment 181**

**Proposal for a regulation**
**Article 33 – paragraph 1 – subparagraph 4**

That _**delegated act shall**_ set out the
maximum quantities, which may be
marketed per genera or species.

_Text proposed by the Commission_ _Amendment_

_**That implementing act shall be adopted**_

_**in accordance with the examination**_

_**procedure referred to in Article 76(2).**_

**Amendment 182**

**Proposal for a regulation**
**Article 33 – paragraph 3**

_**deleted**_

_Text proposed by the Commission_ _Amendment_

3. The Commission _**may**_ decide, _**by**_
_**means of an implementing act,**_ that the

authorisation concerned has to be

repealed or amended, if it concludes that
is no longer necessary or proportionate to
the objective of removing the temporary
difficulties in the general supply of the
PRM concerned. _**That implementing act**_
_**shall be adopted in accordance with the**_
_**examination procedure referred to in**_
_**Article 76(2).**_

**Amendment 183**

**Proposal for a regulation**
**Article 33 – paragraph 4 a (new)**

3. The Commission _**is empowered to**_
_**adopt delegated acts in**_ _**accordance with**_
_**Article 75, amending this Regulation, in**_

_**order to**_ decide that the authorisation

concerned has to be repealed or
amended, if it concludes that _**it**_ is no
longer necessary or proportionate to the
objective of removing the temporary
difficulties in the general supply of the

PRM concerned.

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_Text proposed by the Commission_ _Amendment_

_**4a.**_ _**The Member State that uses the**_

_**derogation referred to in paragraph 4**_
_**shall notify it to the Commission.**_

**Amendment 184**

**Proposal for a regulation**
**Article 33 – paragraph 4 b (new)**

_Text proposed by the Commission_ _Amendment_

_**4b.**_ _**This exceptional authorisation shall**_
_**not apply to PRM consisting of a**_
_**genetically modified organism within the**_
_**meaning of Directive 2001/18/EC.**_

**Amendment 185**

**Proposal for a regulation**
**Article 35 – paragraph 1 – point c**

_Text proposed by the Commission_ _Amendment_

(c) the requirements set out in
paragraphs 2 to _**5**_ are fulfilled.

**Amendment 186**

**Proposal for a regulation**
**Article 35 – paragraph 5 a (new)**

(c) the requirements set out in
paragraphs 2 to _**5a**_ are fulfilled.

_Text proposed by the Commission_ _Amendment_

_**5a.**_ _**This derogation shall not apply to**_
_**PRM consisting of a genetically modified**_
_**organism within the meaning of Directive**_
_**2001/18/EC.**_

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**Amendment 187**

**Proposal for a regulation**
**Article 36 – paragraph 1 – subparagraph 1**

_Text proposed by the Commission_ _Amendment_

The Commission, by means of
implementing acts, may authorise the
Member States to impose, with regards to
production and marketing of PRM, more
stringent production or marketing
requirements than those referred to in
Articles 7 and 8, in all or part of the
territory of the Member State concerned,
provided that those more stringent
requirements correspond to specific
production conditions in, and agro-climatic
needs _**,**_ of that Member State in regard to
the respective PRM.

**Amendment 188**

**Proposal for a regulation**
**Article 36 – paragraph 2 – point b**

The Commission, by means of
implementing acts, may authorise the
Member States to impose, with regards to
production and marketing of PRM, more
stringent production or marketing
requirements than those referred to in
Articles 7 and 8, in all or part of the
territory of the Member State concerned,
provided that those more stringent
requirements correspond to specific
production conditions in, and agro-climatic
needs of _**,**_ that Member State in regard to
the respective PRM _**and do not prohibit,**_
_**impede or restrict the free movement of**_
_**PRM that is in conformity with this**_
_**Regulation**_ .

_Text proposed by the Commission_ _Amendment_

(b) a justification on the necessity and
proportionality of such requirements.

(b) a justification on the necessity and
proportionality of such requirements _**in**_
_**light of possible additional costs of**_
_**production and marketing**_ .

**Amendment 189**

**Proposal for a regulation**
**Article 37 – paragraph 1 – subparagraph 1 a (new)**

_Text proposed by the Commission_ _Amendment_

_**By way of derogation from the first**_
_**subparagraph, in the case of lack of**_

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_**compliance with refuge requirements or**_
_**with other requirements imposed on**_
_**cultivation of varieties containing or**_
_**consisting of genetically modified**_
_**organisms, the measures restricting or**_
_**prohibiting the marketing of the PRM**_
_**concerned shall be put in place until full**_
_**compliance is restored.**_

**Amendment 190**

**Proposal for a regulation**
**Article 37 – paragraph 2**

_Text proposed by the Commission_ _Amendment_

2. Where a Member State officially
informs the Commission of the need to
take emergency measures and the
Commission has not acted in accordance
with paragraph 1, that Member State may
adopt the appropriate interim emergency
measures. Those measures may include
provisions restricting, prohibiting or laying
down appropriate conditions for the
production or marketing of PRM within the
territory of that Member State, depending
on the gravity of the situation. The
Member State concerned shall immediately
inform the other Member States and the
Commission of the measures adopted,
stating the grounds for its decision.

**Amendment 191**

**Proposal for a regulation**
**Article 38 – paragraph 1 – subparagraph 1**

2. Where a Member State officially
informs the Commission of the need to
take emergency measures and the
Commission has not acted in accordance
with paragraph 1, that Member State may
adopt the appropriate _**, proportionate and**_
_**time-limited**_ interim emergency measures.
Those measures may include provisions
restricting, prohibiting or laying down
appropriate conditions for the production
or marketing of PRM within the territory of
that Member State, depending on the
gravity of the situation. The Member State
concerned shall immediately inform the
other Member States and the Commission
of the measures adopted _**and the time**_
_**period they cover**_, stating the grounds for
its decision. _**That approach permits a**_
_**Member State to act quickly and**_
_**effectively in emergency situations to**_
_**protect health, the environment and**_
_**economic interests.**_

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_Text proposed by the Commission_ _Amendment_

By way of derogation from Articles 2, 5, 6,
7, 8 _**and**_ 20, the Commission _**may, by**_
_**means of implementing acts, decide on**_
_**the organisation of**_ temporary
experiments to seek improved alternatives
to provisions of this Regulation concerning
the genera and species it applies to, the
requirements for belonging to _**a**_ registered
_**variety,**_ the production and marketing
requirements for pre-basic, basic, certified
and standard material or seed, and the
obligation to belong to pre-basic, basic

and certified material or seed.

**Amendment 192**

**Proposal for a regulation**
**Article 38 – paragraph 1 – subparagraph 2**

By way of derogation from Articles 2, 5, 6,
7, 8 _**, 9,**_ 20 _**, 26, 27 and 47 to 53**_, the
Commission _**is empowered to adopt**_
_**delegated acts in accordance with Article**_
_**75 in order to supplement this Regulation**_
_**by organising**_ temporary experiments to
seek improved alternatives to provisions
of this Regulation concerning the genera
and species it applies to, the requirements
for belonging to registered _**PRM or**_ the
production and marketing requirements
for pre-basic, basic, certified and standard
material or seed, and the obligation to
belong to pre-basic, basic and certified
material or seed _**, production and**_
_**marketing requirements for**_
_**heterogeneous material, and the**_
_**obligation to belong to pre-basic, basic**_
_**and certified material or seed**_ .

_Text proposed by the Commission_ _Amendment_

Those experiments may take the form of
technical or scientific trials examining the
feasibility and appropriateness of new
requirements compared to the ones set
out in Articles 2, 5, 6, 7, 8 _**and**_ 20 of this
Regulation.

Those experiments may take the form of
technical or scientific trials examining the
feasibility and appropriateness of new
requirements compared to the ones set
out in Articles 2, 5, 6, 7, 8 _**, 9,**_ 20 _**, 26, 27**_
_**and 47 to 53**_ of this Regulation.

**Amendment 193**

**Proposal for a regulation**
**Article 38 – paragraph 2 – subparagraph 1 – introductory part**

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_Text proposed by the Commission_ _Amendment_

The _**implementing**_ acts referred to in
paragraph 1 _**shall be adopted in**_

_**accordance with the examination**_

_**procedure referred to in Article 76(2) and**_
shall specify one or more of the following

elements:

**Amendment 194**

**Proposal for a regulation**
**Article 38 – paragraph 2 – subparagraph 2**

The _**delegated**_ acts referred to in
paragraph 1 shall specify one or more of
the following elements:

_Text proposed by the Commission_ _Amendment_

Those acts shall adapt to the evolution of
techniques for production of the PRM
concerned, _**as**_ shall be based on any
comparative trials carried out by the

Member States.

**Amendment 195**

**Proposal for a regulation**
**Article 38 – paragraph 3**

Those _**delegated**_ acts shall adapt to the
evolution of techniques for production of
the PRM concerned, _**and**_ shall be based on
any comparative trials carried out by the

Member States.

_Text proposed by the Commission_ _Amendment_

3. The Commission shall review the

results of those experiments and
summarise them in a report, indicating, if
necessary, the need to amend Articles 2,

5 _**, 6, 7**_, _**8 or**_ 20.

**Amendment 196**

**Proposal for a regulation**
**Article 39 – paragraph 1 – subparagraph 2**

3. The Commission shall review the

results of those experiments and
summarise them in a report, indicating, if
necessary, the need to amend Articles 2, 5
_**to 9**_, 20 _**, 26, 27 and 47 to 53**_ .

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_Text proposed by the Commission_ _Amendment_

However, _**no**_ such import shall _**be allowed,**_
_**and no**_ such equivalence _**shall**_ be
recognised _**pursuant to**_ paragraph 2, for
the _**preservation mixtures such as those**_
referred to in _**Article 22, and for PRM such**_
_**as that subject to the derogations of**_

Articles _**26 - 30**_ .

However, such import shall _**not be**_
_**authorised, nor shall**_ such equivalence be
recognised _**under**_ paragraph 2, for the
_**PRM**_ referred to in Articles _**22 to 29,**_
_**except where it originates in**_
_**neighbouring countries**_ .

**Amendment 197**

**Proposal for a regulation**
**Article 40 – paragraph 1 – subparagraph 3 – point g**

_Text proposed by the Commission_ _Amendment_

(g) the name of the _**person**_ importing the
PRM.

**Amendment 198**

**Proposal for a regulation**
**Article 40 – paragraph 2 – point g**

(g) the name of the _**final user, farmer or**_
_**professional operator**_ importing the PRM.

_Text proposed by the Commission_ _Amendment_

(g) the name of the _**person**_ importing the
PRM.

**Amendment 199**

**Proposal for a regulation**
**Article 41 – paragraph 1 – introductory part**

(g) the name of the _**final user, farmer or**_
_**professional operator**_ importing the PRM.

_Text proposed by the Commission_ _Amendment_

Professional operators, which produce
PRM, shall:

Professional operators, which produce
PRM _**with the aim of commercial**_
_**exploitation**_, shall:

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**Amendment 200**

**Proposal for a regulation**
**Article 41 – paragraph 1 – point e**

_Text proposed by the Commission_ _Amendment_

(e) keep records of the monitoring of
the critical points referred to in point _**(b)**_
and provide them for examination when
requested by the competent authorities;

**Amendment 201**

**Proposal for a regulation**
**Article 41 – paragraph 1 a (new)**

(e) keep records of the monitoring of
the critical points referred to in point _**(d)**_
and provide them for examination when
requested by the competent authorities;

_Text proposed by the Commission_ _Amendment_

_**The requirements laid down in paragraph**_
_**1, points (d) and (e), shall not apply to**_
_**micro-enterprises.**_

**Amendment 202**

**Proposal for a regulation**
**Article 41 – paragraph 1 b (new)**

_Text proposed by the Commission_ _Amendment_

_**The activities referred to in Articles 29**_
_**and 30 shall not be subject to the**_
_**provisions of this Article.**_

**Amendment 203**

**Proposal for a regulation**
**Article 42 – paragraph 3 a (new)**

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_Text proposed by the Commission_ _Amendment_

_**3a.**_ _**The activities referred to in**_
_**Articles 29 and 30 shall not be subject to**_
_**the provisions of this Article.**_

**Amendment 204**

**Proposal for a regulation**
**Article 43 – paragraph 1 – point a**

_Text proposed by the Commission_ _Amendment_

(a) their intention to produce pre-basic,
basic and certified material or pre-basic,
basic and certified seed, _**at least one**_
_**month**_ before the beginning of that
production; and

**Amendment 205**

**Proposal for a regulation**
**Article 44 – paragraph 1 – introductory part**

(a) their intention to produce pre-basic,
basic and certified material or pre-basic,
basic and certified seed, before the
beginning of that production; and

_Text proposed by the Commission_ _Amendment_

1. Each Member State shall establish
and publish, in electronic format, and shall
keep updated a single national register of
varieties (‘national variety register’)
containing:

**Amendment 206**

**Proposal for a regulation**
**Article 45 – paragraph 2 – subparagraph 1**

1. Each Member State shall establish
and publish, in electronic format, and shall
keep _**permanently**_ updated a single
national register of varieties (‘national
variety register’) containing:

_Text proposed by the Commission_ _Amendment_

The Union variety register shall include the
varieties, registered in national variety
registers and notified in accordance with

The Union variety register shall include the
varieties, registered in national variety
registers and notified in accordance with

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Article 44. Article 44 _**, and shall be updated monthly**_ .

**Amendment 207**

**Proposal for a regulation**
**Article 46 – paragraph 2**

_Text proposed by the Commission_ _Amendment_

2. The Commission is empowered to
adopt a delegated act in accordance with
Article 75, in order to amend Annex VII,
taking into account the technical and
scientific developments, and on the basis
of gained experience indicating the need
of competent authorities or professional
operators to obtain more precise
information about the registered varieties.

2. The Commission is empowered to
adopt a delegated act in accordance with
Article 75, in order to amend Annex VII _**by**_
_**adding elements that need to be included**_
_**in the variety registers**_, taking into

account the technical and scientific

developments, and on the basis of gained
experience indicating the need of
competent authorities or professional
operators to obtain more precise
information about the registered varieties.

**Amendment 208**

**Proposal for a regulation**
**Article 47 – paragraph 1 – subparagraph 1 – point a – point i**

_Text proposed by the Commission_ _Amendment_

(i) an official description showing
compliance with the requirements of
distinctness, uniformity and stability set
out in Articles 48, 49 and 50 _**,**_ and fulfil the
requirements for satisfactory value for
sustainable cultivation and use, as set out
in Article 52; or

(i) an official description showing
compliance with the requirements of
distinctness, uniformity and stability set
out in Articles 48, 49 and 50 and, _**in the**_
_**case of species listed in Part A except turf**_
_**grasses,**_ _**and in Parts D and E of Annex I,**_
fulfil the requirements for satisfactory
value for sustainable cultivation and use,
as set out in Article 52; or

**Amendment 209**

**Proposal for a regulation**
**Article 47 – paragraph 1 – subparagraph 1 – point f**

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_Text proposed by the Commission_ _Amendment_

(f) where the varieties are tolerant to
herbicides, they are subject to cultivation
conditions for the production of PRM and
for any other purpose, adopted pursuant
to paragraph 3 or, in the _**case**_ they have
not been adopted, as adopted by the
competent authorities responsible for
registration, to avoid the development of

herbicide resistance in weeds due to their

use;

(f) where the varieties are tolerant to
herbicides, they are subject to cultivation
conditions for the production of PRM and
for any other purpose, adopted pursuant
to paragraph 3 or, in the _**event that**_ they
have not been adopted, as adopted by the
competent authorities responsible for
registration, _**and, in the event that the**_

_**varieties are to be cultivated in another**_

_**Member State, those conditions shall be**_
_**adopted by the respective competent**_
_**authority, in order**_ to avoid the
development of herbicide resistance in
weeds due to their use; _**when a plan for**_
_**cultivation conditions has already been**_
_**established by a Member State, those**_
_**conditions shall, where appropriate, be**_
_**extended to the registrations of**_
_**subsequent varieties with similar**_
_**characteristics within that Member State;**_

**Amendment 210**

**Proposal for a regulation**
**Article 47 – paragraph 1 – subparagraph 1 – point g**

_Text proposed by the Commission_ _Amendment_

(g) where the varieties have particular

characteristics other than the ones

referred to in point (f) that may lead to
undesirable agronomic effects, they are
subject to cultivation conditions for the
production of PRM and any other purpose,
adopted pursuant to paragraph 3 or, in the
_**case**_ they have not been adopted, as
adopted by the competent authorities
responsible for their registration, to avoid
those particular undesirable agronomic
effects, such as the development of
resistance of pests to the respective

(g) where the varieties have particular

characteristics other than the ones

referred to in point (f) that may lead to
undesirable agronomic effects, they are
subject to cultivation conditions for the
production of PRM and any other purpose,
adopted pursuant to paragraph 3 or, in the
_**event that**_ they have not been adopted, as
adopted by the competent authorities
responsible for their registration, _**and, in**_

_**the event that the varieties are to be**_

_**cultivated in another Member State,**_
_**adopted by the respective competent**_

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varieties or undesirable effects on

pollinators _**.**_

_**authority in that Member State, in order**_
to avoid those particular undesirable
agronomic effects, such as the
development of resistance of pests to the
respective varieties or undesirable effects
on pollinators _**; when cultivation**_
_**conditions have already been established**_
_**by a Member State, those conditions**_
_**shall, where appropriate, be extended to**_
_**the registrations of subsequent varieties**_

_**with similar characteristics within that**_

_**Member State.**_

**Amendment 211**

**Proposal for a regulation**
**Article 47 – paragraph 2 – subparagraph 1 – introductory part**

_Text proposed by the Commission_ _Amendment_

The Commission shall adopt, by means of
implementing acts, specific requirements
concerning:

The Commission shall adopt, by means of
implementing acts, specific requirements
_**for carrying out the examinations in**_
_**respect of trial design and growing**_
_**conditions**_ concerning:

**Amendment 212**

**Proposal for a regulation**
**Article 47 – paragraph 3 – subparagraph 1 – introductory part**

_Text proposed by the Commission_ _Amendment_

The Commission is empowered to adopt
delegated acts in accordance with Article
75, supplementing this Regulation with the

minimum cultivation conditions to be

adopted by the competent authorities
pursuant to _**paragraphs 1(f)**_ and (g),
concerning:

The Commission is empowered to adopt
delegated acts in accordance with Article
75, supplementing this Regulation with the
minimum _**requirements for the**_ cultivation
conditions to be adopted by the
competent authorities pursuant to
_**paragraph 1, points (f)**_ and (g),
concerning:

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**Amendment 213**

**Proposal for a regulation**
**Article 47 – paragraph 3 – subparagraph 1 – point i**

_Text proposed by the Commission_ _Amendment_

_**(i)**_ measures in the field, including crop
rotation;

_**(a)**_ measures in the field, including crop
rotation;

**Amendment 214**

**Proposal for a regulation**
**Article 47 – paragraph 3 – subparagraph 1 – point ii**

_Text proposed by the Commission_ _Amendment_

_**(ii)**_ monitoring measures; _**(b)**_ monitoring measures;

**Amendment 215**

**Proposal for a regulation**
**Article 47 – paragraph 3 – subparagraph 1 – point iii**

_Text proposed by the Commission_ _Amendment_

_**(iii)**_ the mode of notification of the
conditions referred to in point _**(i)**_ to the

Commission and the other Member

States;

_**(c)**_ the mode of notification of the
conditions referred to in point _**(a)**_ to the

Commission and the other Member

States;

**Amendment 216**

**Proposal for a regulation**
**Article 47 – paragraph 3 – subparagraph 1 – point iv**

_Text proposed by the Commission_ _Amendment_

_**(iv)**_ rules for reporting from professional
operators to the competent authorities
concerning the application of the

_**(d)**_ rules for reporting from professional
operators to the competent authorities
concerning the application of the

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conditions referred to in point _**(i)**_ ; conditions referred to in point _**(a)**_ **;**

**Amendment 217**

**Proposal for a regulation**
**Article 47 – paragraph 3 – subparagraph 1 – point v**

_Text proposed by the Commission_ _Amendment_

_**(v)**_ the indication of the conditions
referred to in point _**(i)**_ in the national
variety registers.

**Amendment 218**

**Proposal for a regulation**
**Article 47 – paragraph 4**

_**(e)**_ the indication of the conditions
referred to in point _**(a)**_ in the national
variety registers.

_Text proposed by the Commission_ _Amendment_

4. For the purpose of registering a
variety in its national variety register, a
competent authority shall accept, without
any further examination, an official
description or an official examination of
the requirements for value for sustainable
cultivation and use, as referred to in
paragraph 1, point (a)(i), which has been
produced by a competent authority of

another Member State.

**Amendment 219**

**Proposal for a regulation**
**Article 48 – paragraph 1**

4. For the purpose of registering a
variety in its national variety register, a
competent authority shall accept, without
any further examination, an official
_**description, an officially recognised**_
description or an official examination of
the requirements for value for sustainable
cultivation and use, as referred to in
paragraph 1, point (a)(i), which has been
produced by a competent authority of
another Member State _**if equivalent**_
_**recognition measures exist between the**_
_**two competent authorities**_ .

_Text proposed by the Commission_ _Amendment_

1. For the purposes of the official
description, referred to in Article 47(1),

1. For the purposes of the official
description, referred to in Article 47(1),

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point (a), a variety shall be deemed to be
distinct, if it is clearly distinguishable, by
reference to the expression of the

characteristics that results from a

particular genotype or combination of
genotypes, from any other variety _**whose**_
_**existence**_ is commonly known on the date
of the submission of the application

established in accordance with Article 58.

**Amendment 220**

**Proposal for a regulation**
**Article 48 – paragraph 2 – point a**

point (a), a variety shall be deemed to be
distinct, if it is clearly distinguishable, by
reference to the expression of the

characteristics that results from a

particular genotype or combination of
genotypes, from any other variety _**which**_ is
commonly known on the date of the
submission of the application established

in accordance with Article 58.

_Text proposed by the Commission_ _Amendment_

(a) the variety is included in a national
variety register;

(a) the variety is included in a national
variety register _**or documentation**_
_**provided to the competent authority by**_
_**natural or legal persons involved in**_
_**selling PRM to final users or in dynamic**_
_**conservation**_ ;

**Amendment 221**

**Proposal for a regulation**
**Article 52 – paragraph 1 – subparagraph 2 – point f**

_Text proposed by the Commission_ _Amendment_

(f) characteristics that enhance the
sustainability of storage, processing _**and**_
distribution;

(f) characteristics that enhance the
sustainability of _**cultivation, harvesting,**_
storage, processing _**,**_ distribution _**and use**_ ;

**Amendment 222**

**Proposal for a regulation**
**Article 52 – paragraph 1 – subparagraph 2 – point g**

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_Text proposed by the Commission_ _Amendment_

(g) quality or nutritional characteristics _**.**_ (g) quality _**,**_ or nutritional characteristics
_**or characteristics important for**_
_**processing;**_

**Amendment 223**

**Proposal for a regulation**
**Article 52 – paragraph 1 – subparagraph 2 – point g a (new)**

_Text proposed by the Commission_ _Amendment_

_**(ga) pre- or post-harvest waste**_

_**reduction.**_

**Amendment 224**

**Proposal for a regulation**
**Article 52 – paragraph 1 a (new)**

_Text proposed by the Commission_ _Amendment_

_**1a.**_ _**Examination of the value for**_

_**sustainable cultivation and use shall be**_

_**made possible for the species listed in**_
_**Parts B and C of Annex I on a voluntary**_
_**basis. Where the examination of the**_

_**sustainable cultivation and use has been**_

_**carried out by an official competent**_
_**authority or under the official supervision**_
_**and guidance of the competent authority**_
_**pursuant to Article 61, it shall allow the**_
_**inclusion of claim on the area of the label**_
_**mentioned in Article 17(5). That claim**_
_**shall only concern the characteristics that**_
_**have been shown to offer a clear**_
_**improvement compared to other varieties**_
_**of the same species during the**_
_**examination tests. The voluntary system**_
_**shall allow competent authorities to**_
_**develop methodologies to assess the**_
_**characteristics listed under paragraph 1,**_

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_**second subparagraph, points (a) to (g).**_

**Amendment 225**

**Proposal for a regulation**
**Article 52 – paragraph 3 – subparagraph 1 – point b**

_Text proposed by the Commission_ _Amendment_

(b) establishing the methodologies for
assessing the characteristics listed under
paragraph 1, points (a) to _**(g)**_ ;

(b) establishing the methodologies for
assessing the characteristics listed under
paragraph 1, _**second subparagraph,**_ points
(a) to _**(ga)**_ ;

**Amendment 226**

**Proposal for a regulation**
**Article 52 – paragraph 3 – subparagraph 3 a (new)**

_Text proposed by the Commission_ _Amendment_

_**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.**_

**Amendment 227**

**Proposal for a regulation**
**Article 52 – paragraph 3 – subparagraph 4**

_Text proposed by the Commission_ _Amendment_

_**The Commission may adopt, by means of**_
_**implementing acts, a decision requesting**_
_**a Member State to repeal or modify those**_

_**deleted**_

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_**rules, if they are deemed, on the basis of**_
_**the available scientific and technical**_
_**evidence, to be inappropriate for the**_
_**examination of value for sustainable**_
_**cultivation and use of a variety. Those**_
_**implementing acts shall be adopted in**_

_**accordance with the examination**_

_**procedure referred to in Article 76(2).**_

**Amendment 228**

**Proposal for a regulation**
**Article 52 – paragraph 4 – subparagraph 2**

_Text proposed by the Commission_ _Amendment_

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 low-input conditions and with only
the absolutely necessary _**for the**_
_**completion of the testing**_ treatments with
pesticides and other external inputs.

**Amendment 229**

**Proposal for a regulation**
**Article 52 – paragraph 4 a (new)**

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 organic conditions and**_
_**implementation of testing under non-**_
_**organic conditions.**_

_Text proposed by the Commission_ _Amendment_

_**4a.**_ _**Competent authorities may include**_
_**testing of conventional seed under low**_
_**input conditions, organic in-conversion, or**_

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_**organic conditions.**_

**Amendment 230**

**Proposal for a regulation**
**Article 52 – paragraph 4 b (new)**

_Text proposed by the Commission_ _Amendment_

_**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.**_

**Amendment 231**

**Proposal for a regulation**
**Article 53 – paragraph 1 – point b**

_Text proposed by the Commission_ _Amendment_

(b) it has an indication of its initial
region of origin;

(b) it has an indication of its initial
region of origin _**, when known, or the local**_
_**conditions under which it has been newly**_
_**bred**_ ;

**Amendment 232**

**Proposal for a regulation**
**Article 53 – paragraph 1 – subparagraph 1 a (new)**

_Text proposed by the Commission_ _Amendment_

_**The registration under this Article shall be**_
_**free of charge for the applicant.**_

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**Amendment 233**

**Proposal for a regulation**
**Article 53 – paragraph 2 – subparagraph 2**

_Text proposed by the Commission_ _Amendment_

The competent authority shall accept or
reject the registration of a conservation
variety, after checking its compliance with
paragraph 1.

**Amendment 234**

**Proposal for a regulation**
**Article 53 – paragraph 4 – 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.**_

_Text proposed by the Commission_ _Amendment_

_**The Commission may, by means of**_
_**implementing acts, specify the**_
_**characteristics and information that that**_
_**description should cover if appropriate for**_
_**specific species. Such implementing acts**_
_**shall be adopted in accordance with the**_
_**examination procedure referred to in**_
_**Article 76(2).**_

**Amendment 235**

**Proposal for a regulation**
**Article 53 a (new)**

_**deleted**_

_Text proposed by the Commission_ _Amendment_

_**Article 53a**_

_**Requirements for the registration of a**_
_**selected clone and polyclonal PRM in the**_

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_**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 Organisation of Vine and**_

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_**Wine;**_

_**(b)**_ _**the trueness of the selected clone to**_
_**the identity of the variety shall be**_
_**ensured through the observation of the**_
_**phenotypic characteristics and, where**_
_**appropriate, through molecular analysis**_
_**pursuant to internationally accepted**_

_**standards.**_

_**3.**_ _**The polyclonal PRM shall fulfil the**_
_**following requirements in order to be**_
_**registered in the Member State's register:**_

_**(a)**_ _**it shall be selected in a single field**_
_**trial containing a representative sample**_
_**of the overall genetic diversity of the**_
_**variety according to an experimental**_
_**design based on internationally accepted**_
_**methods; that design shall be based on**_
_**methods prescribed by the International**_
_**Organisation of Vine and Wine and shall**_
_**be composed of seven to 20 distinct**_
_**genotypes**_ _**[1a]**_ _**;**_

_**(b)**_ _**the trueness of the polyclonal PRM**_
_**to the identity of the variety shall be**_
_**ensured through the observation of the**_
_**phenotypic characteristics and, where**_
_**appropriate, through molecular analysis**_
_**pursuant to internationally accepted**_

_**standards.**_

_**4.**_ _**The competent authority shall**_
_**decide on the registration in the Member**_
_**State´s register only after it concludes**_
_**that the conditions set out in paragraphs**_
_**2 and 3, as applicable for the type of**_
_**material, are fulfilled.**_

_**____________________**_

_**1a**_ _**International Organisation of Vine and**_
_**Wine, resolution OIV-VITI 564B[1]2019.**_

**Amendment 236**

**Proposal for a regulation**
**Article 54 – paragraph 1 – point c – paragraph 1 – point i**

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_Text proposed by the Commission_ _Amendment_

(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

**Amendment 237**

**Proposal for a regulation**
**Article 54 – paragraph 1 – point c – paragraph 2**

(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;**_

_Text proposed by the Commission_ _Amendment_

_**unless variety referred to in point (i) or (ii)**_
_**no longer remains in existence and its**_
_**denomination has acquired no special**_
_**significance;**_

**Amendment 238**

**Proposal for a regulation**
**Article 56 – paragraph 1 – point d**

_**deleted**_

_Text proposed by the Commission_ _Amendment_

(d) a _**proposed denomination**_ ; (d) a _**provisional designation**_ ;

**Amendment 239**

**Proposal for a regulation**
**Article 56 – paragraph 1 – point d a (new)**

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_Text proposed by the Commission_ _Amendment_

_**(da) a variety denomination proposed by**_
_**the applicant which may accompany the**_
_**application;**_

**Amendment 240**

**Proposal for a regulation**
**Article 56 – paragraph 1 – point j**

_Text proposed by the Commission_ _Amendment_

(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 _**;**_ ;

**Amendment 241**

**Proposal for a regulation**
**Article 56 – paragraph 1 – point k**

(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**_ ;

_Text proposed by the Commission_ _Amendment_

_**(k)**_ _**where the application concerns**_
_**conservation varieties, information**_
_**related to the production of an officially**_
_**recognised description of the variety, a**_
_**proof of that description and any**_
_**document or publication supporting it;**_

_**deleted**_

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**Amendment 242**

**Proposal for a regulation**
**Article 56 – paragraph 1 – point o**

_Text proposed by the Commission_ _Amendment_

(o) _**the intended use or conditions of**_
_**cultivation, if applicable pursuant to**_
_**Article 47(2), of**_ the variety _**.**_

**Amendment 243**

**Proposal for a regulation**
**Article 56 – paragraph 1 – point o a (new)**

(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;**_

_Text proposed by the Commission_ _Amendment_

_**(oa) the breeding techniques used for**_
_**the development of the variety;**_

**Amendment 244**

**Proposal for a regulation**
**Article 56 – paragraph 1 – point o b (new)**

_Text proposed by the Commission_ _Amendment_

_**(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.**_

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**Amendment 245**

**Proposal for a regulation**
**Article 61 – paragraph 1 – introductory part**

_Text proposed by the Commission_ _Amendment_

1. By way of derogation from Article
59(2), the technical examination of
whether the variety has a sustainable
value for cultivation and use, in
accordance with Article 52, or part of it,
_**may be carried out by the applicant**_ if:

**Amendment 246**

**Proposal for a regulation**
**Article 61 – paragraph 1 – point a**

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, if:

_Text proposed by the Commission_ _Amendment_

_**(a)**_ _**that applicant has been authorised**_
_**by the competent authority of the**_
_**respective Member State;**_

**Amendment 247**

**Proposal for a regulation**
**Article 61 – paragraph 1 – point c a (new)**

_**deleted**_

_Text proposed by the Commission_ _Amendment_

_**(ca) the examination does not replace**_
_**the risk assessment required to apply for**_
_**marketing authorisation under Directive**_
_**2001/18/EC on genetically modified**_
_**organisms.**_

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**Amendment 248**

**Proposal for a regulation**
**Article 63 – paragraph 3**

_Text proposed by the Commission_ _Amendment_

3. This Article shall apply without
prejudice to Article 8 of Regulation (EU)
2017/625.

**Amendment 249**

**Proposal for a regulation**
**Article 67 – paragraph 2 – point a**

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.**_

_Text proposed by the Commission_ _Amendment_

(a) it establishes that the respective
requirements set out in Article 47(1) are
not fulfilled; or

**Amendment 250**

**Proposal for a regulation**
**Article 68 – paragraph 1**

(a) it establishes that the respective
requirements set out in Article 47(1) _**and**_
_**Article 48**_ are not fulfilled; or

_Text proposed by the Commission_ _Amendment_

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 _**the**_ 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 Article _**7(4)**_ of Directive

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**_

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2008/90/EC, without applying the
registration procedure set out by those

Articles.

**Amendment 251**

**Proposal for a regulation**
**Article 68 – paragraph 2**

_**description pursuant to**_ Article _**7**_ of
Directive 2008/90/EC, without applying
the registration procedure set out by

those Articles.

_Text proposed by the Commission_ _Amendment_

2. By way of derogation from Article
53, varieties accepted in accordance with
Article 3 of Directive 2008/62/EC and
Article 3(1) of Directive 2009/145/EC
before… [ _**OJ, please, insert**_ the date of _**the**_
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.

**Amendment 252**

**Proposal for a regulation**
**Article 69 – paragraph 1 – subparagraph 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.

_Text proposed by the Commission_ _Amendment_

However, that period of registration shall
be 30 years for varieties of species of fruit
plants and vine propagating material, as
listed respectively in Parts C and D of

Annex I.

**Amendment 253**

**Proposal for a regulation**
**Article 70 – paragraph 4**

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.

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_Text proposed by the Commission_ _Amendment_

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.

**Amendment 254**

**Proposal for a regulation**
**Article 75 – paragraph 2 – subparagraph 1**

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**_ .

_Text proposed by the Commission_ _Amendment_

The delegation of power referred to in
Articles 2(3), 7(3), 8(4), 10(2), 15(5), 20(2),
22(2), 24(4), 27(3), 46(2), 47(3), 52(3),
54(4), 61(3), and 62(1) shall be conferred
on the Commission for 5 years from the
date of _**the**_ entry into force of this
Regulation.

**Amendment 255**

**Proposal for a regulation**
**Article 75 – paragraph 3**

The power _**to adopt 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

_**five**_ years from _**... [**_ the date of entry into
force of this Regulation _**]**_ .

_Text proposed by the Commission_ _Amendment_

3. The delegation of power referred to
in Articles 2(3), 7(3), 8(4), 10(2), 15(5),
20(2), 22(2), 24(4), 27(3), 46(2), 47(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)**_

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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 _**of**_
_**revocation**_ 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.

**Amendment 256**

**Proposal for a regulation**
**Article 75 – paragraph 6**

_**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.

_Text proposed by the Commission_ _Amendment_

6. A delegated act adopted pursuant to
Articles 2(3), 7(3), 8(4), 10(2), 15(5), 20(2),
22(2), 24(4), 27(3), 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.

**Amendment 257**

**Proposal for a regulation**
**Article 77 – paragraph 1 – point a**

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.

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_Text proposed by the Commission_ _Amendment_

(a) quantities of certified and standard
PRM _**and areas used for their production**_
per year and species with a specification of
the quantities used for organic varieties
suitable for organic production;

**Amendment 258**

**Proposal for a regulation**
**Article 77 – paragraph 1 – point d**

(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;

_Text proposed by the Commission_ _Amendment_

(d) number of professional operators
using the derogations for marketing to
final users in accordance with Article 28,
the species concerned _**and total**_
_**quantities of PRM per species**_ ;

**Amendment 259**

**Proposal for a regulation**
**Article 77 – paragraph 1 – point e**

(d) number of professional operators
using the derogations for marketing to
final users in accordance with Article 28,
the species concerned;

_Text proposed by the Commission_ _Amendment_

(e) number of _**gene banks,**_
organisations and networks with a
statutory or other declared objective to
conserve plant genetic resources, in
accordance with Article 29 and the species
concerned;

**Amendment 260**

**Proposal for a regulation**
**Article 77 – paragraph 1 – point f**

(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;

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_Text proposed by the Commission_ _Amendment_

_**(f)**_ _**the quantities as defined per species**_
_**for the seeds exchanged in kind between**_
_**farmers, in accordance with Article 30;**_

**Amendment 261**

**Proposal for a regulation**
**Article 77 – paragraph 1 – point g**

_**deleted**_

_Text proposed by the Commission_ _Amendment_

_**(g)**_ _**the quantities authorised per**_
_**species for PRM intended for tests and**_
_**trials for the breeding of new varieties, in**_
_**accordance with Article 31;**_

**Amendment 331**

**Proposal for a regulation**
**Article 77 – paragraph 1 – point k a (new)**

_**deleted**_

_Text proposed by the Commission_ _Amendment_

_**(ka)**_ _**progress made in the conservation**_
_**and sustainable use of plant genetic**_
_**resources for food and agriculture, i.e.**_
_**through the number of entities having**_
_**notified their use of Article 29 and other**_
_**related data.**_

**Amendment 262**

**Proposal for a regulation**
**Article 78 – paragraph 1**

_Text proposed by the Commission_ _Amendment_

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

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

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provided for shall be effective,
proportionate and dissuasive. Member
States shall, without delay, notify the
Commission of those rules and of those
measures and of any subsequent
amendment affecting them.

**Amendment 263**

**Proposal for a regulation**
**Article 81**

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.

_Text proposed by the Commission_ _Amendment_

_**Article 81**_ _**deleted**_

_**Amendment of Regulation (EU) 2018/848**_

_**Regulation (EU) 2018/848 is amended as**_
_**follows:**_

_**(1)**_ _**Article 3 is amended as follows:**_

_**(a)**_ _**point (17) is replaced by the**_
_**following:**_

_**‘(17)**_ _**‘plant reproductive material’ means**_
_**plant reproductive material as defined in**_
_**Article 3(1) of Regulatio**_ _**n (EU) …/… of the**_
_**European Parlament and Council(*)+;’;**_

_**____________**_

_**(*) Regulation (EU) …/… of the European**_
_**Parliament and of the Council …. (OJ …,**_
_**p…). [footnote that will be in that**_
_**regulation goes here]**_

_**[+ OJ: Please insert in the text the number**_
_**of this Regulation and insert the number,**_
_**date, title and OJ reference of this**_
_**Regulation in the footnote.]’**_

_**(b)**_ _**point (18) is replaced by the**_
_**following:**_

_**‘(18)**_ _**‘organic heterogeneous material’**_
_**means heterogeneous material as defined**_
_**in Article 3(27) of Regulation (EU)**_
_**…/…(*)++, produced in accordance with**_
_**this Regulation;’**_

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_**____________**_

_**(*) Regulation (EU) …/… of the European**_
_**Parliament and of the Council …. (OJ …,**_
_**p…). [footnote that will be in that**_
_**regulation goes here]**_

_**[++ OJ: Please insert in the text the**_
_**number of this Regulation.]’**_

_**(2)**_ _**Article 13 is deleted.**_

_**(3)**_ _**The second paragaph of Point 1.8.4.**_
_**of Part I of Annex II to Regulation (EU)**_
_**2018/848 is replaced by the following: “**_
_**All multiplication practices, except plant**_
_**tissue cultures, cell cultures, germplasm,**_
_**meristems, chimaeric clones, micro-**_
_**propagated material, shall be carried out**_
_**under certified organic management”.**_

**Amendment 264**

**Proposal for a regulation**
**Article 83 – paragraph 3 – point b**

_Text proposed by the Commission_ _Amendment_

(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**_ . It shall
be binding in its entirety and directly
applicable in all Member States.

**Amendment 265**

**Proposal for a regulation**
**Annex I – Part A – row 107 a (new)**

(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.

_Text proposed by the Commission_ _Amendment_

_**Cicer arietinum**_

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_**Camelina sativa**_

_**Fagopyrum esculentu**_

_**Lens culinaris**_

_**Triticum monococcum**_

_**Chenopodium quinoa**_

_**Vicia ervilia**_

_**Vicia narbonensis**_

_**Tritordeum**_

_**Lathyrus sativus**_

_**Eragrostis tef**_

_**Ceratonia siliqua**_

**Amendment 266**

**Proposal for a regulation**
**Annex I – Part B – row 29 a (new)**

_Text proposed by the Commission_ _Amendment_

_**Salvia hispanica.**_

**Amendment 267**

**Proposal for a regulation**
**Annex II – Part B – title**

_Text proposed by the Commission_ _Amendment_

REQUIREMENTS FOR THE PRODUCTION

AND MARKETING OF PRE-BASIC, BASIC

AND CERTIFIED MATERIAL OF

AGRICULTURAL AND VEGETABLE SPECIES

REQUIREMENTS FOR THE PRODUCTION

AND MARKETING OF PRE-BASIC, BASIC

AND CERTIFIED MATERIAL OF

AGRICULTURAL AND VEGETABLE SPECIES _**,**_

_**FRUIT PLANTS**_

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**Amendment 268**

**Proposal for a regulation**
**Annex II – Part C – title**

_Text proposed by the Commission_ _Amendment_

REQUIREMENTS FOR THE PRODUCTION _**,**_

_**REGISTRATION**_ AND MARKETING OF

SELECTED CLONES _**, MULTICLONAL**_

_**MIXTURES AND POLYCLONAL PRM**_ OF

PRE-BASIC, BASIC AND CERTIFIED

MATERIAL AS REFERRED TO IN ARTICLE 9

(1)

REQUIREMENTS FOR THE PRODUCTION

AND MARKETING OF SELECTED CLONES OF

PRE-BASIC, BASIC AND CERTIFIED

MATERIAL AS REFERRED TO IN ARTICLE 9

(1)

**Amendment 269**

**Proposal for a regulation**
**Annex II – Part C – paragraph 1 – introductory part**

_Text proposed by the Commission_ _Amendment_

Requirements for the production of prebasic, basic and certified selected clones _**,**_
_**multiclonal mixtures and polyclonal PRM**_

Requirements for the production of prebasic, basic and certified selected clones

**Amendment 270**

**Proposal for a regulation**
**Annex II – Part C – paragraph 1 – point A – point a**

_Text proposed by the Commission_ _Amendment_

(a) The identity of the selected clone _**,**_
_**multiclonal mixture or polyclonal PRM**_
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 _**and the**_
_**respective genotypes for the production**_

(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.

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_**of the polyclonal PRM,**_ shall be kept by
the professional operator after the
marketing of that PRM.

**Amendment 271**

**Proposal for a regulation**
**Annex II – Part C – paragraph 1 – point A – point b – point i**

_Text proposed by the Commission_ _Amendment_

_**(i)**_ _**there is sufficient distance from**_
_**other plants of the same genera or**_
_**species, determined on the basis of**_
_**botanical characteristics for each species**_
_**and as appropriate for the category of the**_
_**material, to ensure protection from any**_
_**undesirable foreign pollination and to**_
_**avoid cross pollination with other crops;**_

_**deleted**_

**Amendment 272**

**Proposal for a regulation**
**Annex II – Part C – paragraph 1 – point B – point d**

_Text proposed by the Commission_ _Amendment_

(d) The respective mother plants _**and**_
_**the respective genotypes**_ shall be

excluded as a source of PRM in case of

defects.

(d) The respective mother plants shall

be excluded as a source of PRM in case of

defects.

**Amendment 273**

**Proposal for a regulation**
**Annex II – Part C – paragraph 1 – point B – point e**

_Text proposed by the Commission_ _Amendment_

(e) The respective mother plants _**and**_
_**the respective genotypes**_ shall be
maintained in all phases of cultivation,
under conditions to enable the production

(e) The respective mother plants shall
be maintained in all phases of cultivation,
under conditions to enable the production
of PRM, and to permit their identification

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of PRM, and to permit their identification
and verification of compliance with the
official description or the officially
recognised description of their variety. In
the case of mother plants not belonging to
a variety, that verification of compliance
with the official description or the officially
recognised description shall concern the
species to which those mother plants
belong.

and verification of compliance with the
official description or the officially
recognised description of their variety. In
the case of mother plants not belonging to
a variety, that verification of compliance
with the official description or the officially
recognised description shall concern the
species to which those mother plants
belong.

**Amendment 274**

**Proposal for a regulation**
**Annex II – Part C – paragraph 1 – point B – point i**

_Text proposed by the Commission_ _Amendment_

_**(i)**_ _**In the case of multiclonal mixtures,**_
_**the mixture of selected clones**_
_**constituting the multiclonal mixture shall**_
_**be made before the final packaging of**_

_**that PRM and shall include identical**_

_**proportions of all selected clones that**_

_**constitute the multiclonal mixture.**_

_**deleted**_

**Amendment 275**

**Proposal for a regulation**
**Annex II – Part C – paragraph 1 – point B – point j**

_Text proposed by the Commission_ _Amendment_

_**(j)**_ _**In the case of polyclonal PRM, the**_
_**mixture of genotypes constituting the**_
_**polyclonal PRM shall be made before the**_
_**final packaging of that PRM and shall**_
_**include identical proportions of all**_
_**genotypes that constitute the polyclonal**_

_**PRM.**_

_**deleted**_

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**Amendment 276**

**Proposal for a regulation**
**Annex II – Part C – paragraph 2**

_Text proposed by the Commission_ _Amendment_

_**2.**_ _**Requirements for the registration of**_
_**a selected clone, multiclonal mixture and**_
_**polyclonal PRM**_

_**(a)**_ _**The applicant shall submit an**_
_**application to the competent authority**_
_**indicating:**_

_**(i)**_ _**species and, as applicable, variety**_
_**to which the selected clone, multiclonal**_
_**mixture or polyclonal PRM belongs,**_
_**whereby the variety shall be registered in**_
_**a national variety register referred to in**_
_**Article 44;**_

_**(ii)**_ _**proposed denomination and**_

_**synonyms;**_

_**(iii) where applicable, description of the**_
_**composition of the multiclonal mixture or**_
_**polyclonal PRM;**_

_**(iv) the maintainer of the selected**_
_**clone, multiclonal mixture or polyclonal**_

_**PRM;**_

_**(v)**_ _**reference to the description of the**_
_**main characteristics of the variety to**_
_**which the selected clone, multiclonal**_
_**mixture or polyclonal PRM belongs;**_

_**(vi) description of the main VSCU**_
_**characteristics of the selected clone,**_
_**multiclonal mixture or polyclonal PRM;**_

_**(vii) the estimated genetic gain of the**_
_**selected clone, multiclonal mixture or**_
_**polyclonal PRM in relation to the overall**_
_**performance of the relevant variety;**_

_**(viii) information on whether the**_
_**selected clone, multiclonal mixture or**_
_**polyclonal PRM is already registered in a**_
_**register of another Member State.**_

_**(b)**_ _**The selected clone, multiclonal**_

_**deleted**_

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_**mixture or polyclonal PRM shall fulfil the**_
_**following requirements as appropriate for**_
_**the type of material concerned in order to**_
_**be registered:**_

_**(i)**_ _**the polyclonal PRM shall be selected**_
_**in a single field trial containing a**_
_**representative sample of the overall**_
_**genetic diversity of the variety according**_
_**to an experimental design based on**_
_**internationally accepted methods. In the**_
_**case of polyclonal PRM of vine that**_
_**design shall be based on methods**_
_**prescribed by the International**_
_**organisation of vine and wine;**_

_**(ii)**_ _**in the case of vine propagating**_
_**material, the polyclonal PRM shall be**_
_**composed of 7 to 20 distinct genotypes;**_

_**(iii) the trueness of the selected clone,**_
_**each selected clone of the multiclonal**_
_**mixture, each genotype of the polyclonal**_
_**PRM to the identity of the variety shall be**_
_**ensured through the observation of the**_
_**phenotypic characteristics and, where**_
_**appropriate, through molecular analysis**_
_**pursuant to internationally accepted**_

_**standards.**_

_**The competent authority shall decide on**_
_**the registration only after it concludes**_
_**that the points (i) - (iii) as applicable for**_
_**the type of material are fulfilled.**_

_**(c)**_ _**The requirements for the marketing**_
_**of pre-basic, basic and certified material**_
_**as set out in Part B point 2 shall apply**_
_**accordingly.**_

**Amendment 277**

**Proposal for a regulation**
**Annex II – Part D – title**

_Text proposed by the Commission_ _Amendment_

REQUIREMENTS FOR THE PRODUCTION REQUIREMENTS FOR THE PRODUCTION

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AND MARKETING OF PRE-BASIC, BASIC

AND CERTIFIED SEED OF FRUIT PLANTS,

VINE AND _**SEED**_ POTATOES

AND MARKETING OF PRE-BASIC, BASIC

AND CERTIFIED SEED OF FRUIT PLANTS,

VINE AND POTATOES

**Amendment 278**

**Proposal for a regulation**
**Annex II – Part D – paragraph 1 – introductory part**

_Text proposed by the Commission_ _Amendment_

Requirements for the production of prebasic, basic and certified seed of fruit
plants, vine and _**seed**_ potatoes

Requirements for the production of prebasic, basic and certified seed of fruit
plants, vine and potatoes

**Amendment 279**

**Proposal for a regulation**
**Annex III – Part A – paragraph 1 – point B – point d**

_Text proposed by the Commission_ _Amendment_

(d) The mother plants shall be
maintained in all phases of production,
under conditions to enable the production
of seeds, and permitting their

identification and verification of

compliance with the official description of
their variety.

**Amendment 280**

**Proposal for a regulation**
**Annex III – Part B – title**

(d) The mother plants shall _**, where**_
_**applicable,**_ be maintained in all phases of
production, under conditions to enable
the production of seeds, and permitting

their identification and verification of

compliance with the official description of
their variety.

_Text proposed by the Commission_ _Amendment_

REQUIREMENTS FOR THE PRODUCTION

AND MARKETING OF STANDARD

MATERIAL OF AGRICULTURAL AND

REQUIREMENTS FOR THE PRODUCTION

AND MARKETING OF STANDARD

MATERIAL OF AGRICULTURAL AND

VEGETABLE SPECIES _**, FRUIT PLANTS AND**_

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VEGETABLE SPECIES _**VINE**_

**Amendment 281**

**Proposal for a regulation**
**Annex III – Part B – paragraph 1**

_Text proposed by the Commission_ _Amendment_

_**With the exception of point (b)(i) thereof,**_
_**Part B**_ of Annex _**II**_ shall apply accordingly
for the production and marketing of

standard material.

**Amendment 282**

**Proposal for a regulation**
**Annex III – Part B – paragraph 1 a (new)**

_**Part A**_ of Annex _**III**_ shall apply accordingly
for the production and marketing of
standard material _**, including for**_
_**conservation varieties placed on the**_

_**market in accordance with Article 26**_ .

_Text proposed by the Commission_ _Amendment_

_**Vine rootstocks may not be marketed as**_

_**standard material.**_

**Amendment 283**

**Proposal for a regulation**
**Annex III – Part C – title**

_Text proposed by the Commission_ _Amendment_

REQUIREMENTS FOR THE _**REGISTRATION,**_

PRODUCTION AND MARKETING OF

_**SELECTED CLONES, MULTICLONAL**_

_**MIXTURES AND**_ POLYCLONAL PRM _**OF**_

_**STANDARD MATERIAL**_ AS REFERRED TO IN

ARTICLE 9 (1)

REQUIREMENTS FOR THE PRODUCTION

AND MARKETING OF POLYCLONAL PRM AS

REFERRED TO IN ARTICLE 9 (1)

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**Amendment 284**

**Proposal for a regulation**
**Annex III – Part C – paragraph 1**

_Text proposed by the Commission_ _Amendment_

_**Vine rootstocks may not be marketed as**_

_**standard material**_ .

**Amendment 285**

**Proposal for a regulation**
**Annex III – Part C – paragraph 2**

_**1.**_ _**Planting**_

_**Part C, point 1 of Annex II shall apply**_
_**accordingly to the planting of polyclonal**_

_**PRM**_ .

_Text proposed by the Commission_ _Amendment_

_**Part C of Annex II**_ shall _**apply accordingly**_
_**for the registration**_, production _**and**_
_**marketing of selected clones, multiclonal**_
_**mixtures and polyclonal PRM of standard**_

_**material**_ .

_**2.**_ _**Field cultivation:**_

_**(a)**_ _**During all stages of cultivation,**_
_**propagating and planting material**_ shall
_**be kept separate from each other.**_

_**(b)**_ _**Off-types and deformed or**_
_**damaged plants shall be disposed of at all**_
_**stages of cultivation in order to ensure**_
_**varietal identity and purity, or, in the case**_
_**of rootstocks not belonging to a variety**_,
_**trueness to the identity of the species, as**_
_**well as deformed or damaged plants and**_
_**for efficient production.**_

_**(c)**_ _**The respective mother plants shall**_
_**be excluded as a source of PRM in the**_
_**case of defects.**_

_**(d)**_ _**The respective mother plants shall**_
_**be maintained in all phases of cultivation,**_
_**under conditions to enable the**_ production
_**of PRM, and to permit their identification**_

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_**and verification of compliance with the**_
_**official description or the officially**_
_**recognised description of their variety**_ .

_**(e)**_ _**Mother plants shall be inspected**_
_**visually at their relevant growth stage(s),**_
_**at the relevant frequency and with the**_
_**relevant methods as appropriate for the**_
_**genera or species concerned.**_

**Amendment 286**

**Proposal for a regulation**
**Annex III – Part C – paragraph 2 a (new)**

_Text proposed by the Commission_ _Amendment_

_**2a.**_ _**Requirements for the marketing of**_
_**polyclonal PRM**_

_**The material shall fulfil all of the**_
_**following requirements, depending on the**_
_**characteristics of each genus or species**_

_**concerned:**_

_**(a)**_ _**have minimum vigour, defined**_
_**dimension, and, where applicable, specific**_
_**grading, to ensure the appropriateness of**_
_**the material and sufficient homogeneity**_
_**of the lot for planting;**_

_**(b)**_ _**be practically free from specific**_
_**defects;**_

_**(c)**_ _**the mixture of genotypes**_
_**constituting the polyclonal PRM shall be**_
_**made before the final packaging of that**_

_**PRM and shall include identical**_

_**proportions of all genotypes that**_
_**constitute the polyclonal PRM; however,**_
_**a tolerance is admissible, the frequency of**_
_**any single genotype shall never exceed**_
_**twice that of the least frequent genotype.**_

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**Amendment 287**

**Proposal for a regulation**
**Annex III – Part D – title**

_Text proposed by the Commission_ _Amendment_

REQUIREMENTS FOR THE PRODUCTION

AND MARKETING OF STANDARD SEED OF

FRUIT PLANTS, VINE AND _**SEED**_ POTATOES

**Amendment 288**

**Proposal for a regulation**
**Annex III – Part D – paragraph 1**

REQUIREMENTS FOR THE PRODUCTION

AND MARKETING OF STANDARD SEED OF

FRUIT PLANTS, VINE AND POTATOES

_Text proposed by the Commission_ _Amendment_

Part D of Annex II shall apply accordingly
for the production and marketing of
standard seed of fruit plants, vine and
_**seed**_ potatoes.

**Amendment 289**

**Proposal for a regulation**
**Annex IV a (new)**

Part D of Annex II shall apply accordingly
for the production and marketing of
standard seed of fruit plants, vine and

potatoes.

_Text proposed by the Commission_

_Amendment_

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**Amendment 290**

**Proposal for a regulation**
**Annex V – subheading 1**

_Text proposed by the Commission_ _Amendment_

1. _**Source area**_ 1. _**Region of origin**_

**Amendment 291**

**Proposal for a regulation**
**Annex V – subheading 1 – paragraph 1**

_Text proposed by the Commission_ _Amendment_

Competent authorities may designate
specific _**source areas**_ for the preservation
mixtures, with which such mixtures are
naturally associated. For that purpose,
they shall take into account information
from plant genetic resource authorities or
organisations recognised for this purpose
by the Member States.

**Amendment 292**

**Proposal for a regulation**
**Annex V – subheading 1 – paragraph 2**

Competent authorities may designate
specific _**regions of origin**_ for the
preservation mixtures, with which such
mixtures are naturally associated. For that
purpose, they shall take into account
information from plant genetic resource
authorities or organisations recognised for
this purpose by the Member States.

_Text proposed by the Commission_ _Amendment_

Where the _**source area**_ is located in more

than one Member State, it shall be
identified by a common agreement of all

Member States concerned.

Where the _**region of origin**_ is located in
more than one Member State, it shall be
identified by a common agreement of all

Member States concerned.

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**Amendment 293**

**Proposal for a regulation**
**Annex V – subheading 2 – paragraph 1 – point a**

_Text proposed by the Commission_ _Amendment_

(a) typical for the habitat type of the

_**source area**_ ;

**Amendment 294**

**Proposal for a regulation**
**Annex V – subheading 2 – paragraph 1 – point c**

(a) typical for the habitat type of the
_**region of origin**_ ;

_Text proposed by the Commission_ _Amendment_

(c) adequate for the purpose of
recreating the habitat type of the _**source**_

_**area**_ .

**Amendment 295**

**Proposal for a regulation**
**Annex V – subheading 2 – paragraph 3**

(c) adequate for the purpose of
recreating the habitat type of the _**region**_
_**of origin**_ .

_Text proposed by the Commission_ _Amendment_

The maximum content of Rumex spp.,

other than Rumex acetosella and Rumex

maritimus, shall not exceed 0,05 % by
weight.

**Amendment 296**

**Proposal for a regulation**
**Annex V – subheading 3 – paragraph 2 – point c**

The maximum content of Rumex spp.,

other than Rumex acetosella and Rumex

maritimus, _**Rumex acetosa, R. thyrsiflorus**_
_**and R. sanguineus**_ shall not exceed 0,05 %
by weight.

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_Text proposed by the Commission_ _Amendment_

(c) components as species and, where
relevant, subspecies _**and varieties**_ of the
preservation mixture; which are typical for
the habitat type of the _**source area site**_
and which are, as components of the
mixture, of importance for the
preservation of the natural environment in
the context of the conservation of genetic

resources;

**Amendment 297**

**Proposal for a regulation**
**Annex V – subheading 3 – paragraph 2 – point d**

(c) components as species and, where
relevant, subspecies of the preservation
mixture; which are typical for the habitat
type of the _**region of origin**_ and which are,
as components of the mixture, of
importance for the preservation of the

natural environment in the context of the

conservation of genetic resources;

_Text proposed by the Commission_ _Amendment_

_**(d)**_ _**quantity of the mixture to which the**_
_**authorisation is to apply;**_

**Amendment 298**

**Proposal for a regulation**
**Annex V – subheading 3 – paragraph 2 – point e**

_**deleted**_

_Text proposed by the Commission_ _Amendment_

(e) _**source area**_ of the mixture; (e) _**region of origin**_ of the mixture;

**Amendment 299**

**Proposal for a regulation**
**Annex V – subheading 3 – paragraph 2 – point g**

_Text proposed by the Commission_ _Amendment_

(g) habitat type of the _**source area**_ of (g) habitat type of the _**region of origin**_

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the mixture; and of the mixture; and

**Amendment 300**

**Proposal for a regulation**
**Annex V – subheading 3 – paragraph 3**

_Text proposed by the Commission_ _Amendment_

The application shall be accompanied by
the information necessary to verify
compliance with requirements set out in
_**point**_ 4 in the case of directly harvested
preservation mixtures, or _**point**_ 5 in the
case of multiplied preservation mixtures.

**Amendment 301**

**Proposal for a regulation**
**Annex V – subheading 3 – paragraph 5**

The application shall be accompanied by
the information necessary to verify
compliance with requirements set out in
_**paragraph**_ 4 in the case of directly
harvested preservation mixtures, or
_**paragraph**_ 5 in the case of multiplied
preservation mixtures.

_Text proposed by the Commission_ _Amendment_

Professional operators _**before the**_
_**beginning**_ of each _**production season**_ shall
notify the quantity of _**seed of**_ preservation
mixtures _**, for which the authorisation is**_
_**intended, together with size and location**_
_**of the intended collection site or sites and**_
_**the date or dates of collection**_ .

**Amendment 302**

**Proposal for a regulation**
**Annex V – subheading 4 – paragraph 1 – point a**

Professional operators _**at the end**_ of each
_**calendar or fiscal year, as appropriate,**_
shall notify the quantity of _**authorised**_
preservation mixtures _**to the competent**_
_**authority**_ .

_Text proposed by the Commission_ _Amendment_

(a) a seed mixture that has been
collected at the _**source area**_ (‘directly
harvested preservation mixture’) shall be

collected at a site which has not been

(a) a seed mixture that has been
collected at the _**region of origin**_ (‘directly
harvested preservatio n mixture’) shall be

collected at a site which has not been

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sown in the 40 years previous to the date
of the authorisation;

**Amendment 303**

**Proposal for a regulation**
**Annex V – subheading 5 – paragraph 1 – point a**

sown in the 40 years previous to the date
of the authorisation;

_Text proposed by the Commission_ _Amendment_

(a) seed of individual species is taken at
the _**source area**_, or is a directly harvested
preservation mixtures purchased to other

operator;

**Amendment 304**

**Proposal for a regulation**
**Annex V – subheading 5 – paragraph 1 – point b**

(a) seed of individual species is taken at
the _**region of origin**_, or is a directly
harvested preservation mixtures
purchased to other operator;

_Text proposed by the Commission_ _Amendment_

_**(b)**_ _**the seed referred to in point (a) is**_
_**multiplied outside the source area as**_
_**single species. Multiplication may take**_
_**place for five generations;**_

**Amendment 305**

**Proposal for a regulation**
**Annex V – subheading 5 – paragraph 1 – point d**

_**deleted**_

_Text proposed by the Commission_ _Amendment_

_**(d)**_ _**this mixture may also include seed**_
_**from species listed in Part A of Annex I**_
_**that has been produced conventionally, if**_
_**it complies with point (c);**_

_**deleted**_

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**Amendment 306**

**Proposal for a regulation**
**Annex V – subheading 5 – paragraph 1 – point h**

_Text proposed by the Commission_ _Amendment_

(h) the maximum content of species
and, where relevant, subspecies which do
not comply with point _**(g)**_ shall not exceed
1 % by weight;

**Amendment 307**

**Proposal for a regulation**
**Annex VI – point A – paragraph 2**

(h) the maximum content of species
and, where relevant, subspecies which do
not comply with point _**(f)**_ shall not exceed
1 % by weight;

_Text proposed by the Commission_ _Amendment_

The notification shall be sent by registered
letter or by any other means of
communication accepted by the
competent authorities with confirmation
of receipt requested. Three months after
the date shown on the return receipt
provided that no additional information
was requested or that non formal refusal
for reasons of incompleteness of the

notification was communicated to the

supplier, the competent authority shall be
deemed to have acknowledged the
notification and its content, and the
heterogeneous material shall be included
in the heterogeneous material register.

**Amendment 308**

**Proposal for a regulation**
**Annex VI – point B – point 2 – introductory part**

The notification shall be sent by registered
letter or by any other means of
communication accepted by the
competent authorities with confirmation
of receipt requested. Three months after
the date shown on the return receipt
provided that no additional information
was requested or that non formal refusal
for reasons of incompleteness of the

notification was communicated to the

supplier, the competent authority shall be
deemed to have acknowledged the
notification and its content, and the
heterogeneous material shall be included
in the heterogeneous material register.
_**That register shall remain free of charge**_
_**to the official operator.**_

_Text proposed by the Commission_ _Amendment_

2. The heterogeneous material may _**be**_
_**generated by**_ one of the following
techniques:

2. The heterogeneous material may
_**originate from**_ one of the following
techniques:

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**Amendment 309**

**Proposal for a regulation**
**Annex VI – point D – point 1 – paragraph 1**

_Text proposed by the Commission_ _Amendment_

PRM of heterogeneous material shall
comply with _**the**_ requirements for the
analytical purity and germination
requirements for seed and the quality
requirements for other material _**of the**_
_**lowest category for the respective**_
_**species**_ .

**Amendment 310**

**Proposal for a regulation**
**Annex VI – point H – table - row 2**

PRM of heterogeneous material shall
comply with requirements _**equal to those**_
_**set for the lowest category for the**_
_**respective species including requirements**_
_**set for the species listed in Annex IV**_ for
the analytical purity and germination
requirements for seed and the quality
requirements for other material.

_Text proposed by the Commission_

_**Fodder plants**_ _**10**_

_Amendment_

_**deleted**_ _**deleted**_

**Amendment 311**

**Proposal for a regulation**
**Annex VII – paragraph 1 – point g**

_Text proposed by the Commission_ _Amendment_

(g) in the case of 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’)**_ ;

(g) in the case of _**conservation**_ varieties _**,**_
_**an**_ officially recognised description and, if
appropriate, an indication of the region(s),
where the variety has _**traditionally**_ been
grown and _**, in the case of newly-bred**_
_**conservation varieties,**_ to which _**local**_
_**growing conditions**_ it is adapted;

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**Amendment 312**

**Proposal for a regulation**
**Annex VII – paragraph 1 – point t**

_Text proposed by the Commission_ _Amendment_

(t) where applicable, indication that the
variety has certain characteristics, _**other**_
_**than the one referred to in point (s),**_ and
indication of the applicable cultivation

conditions.

**Amendment 313**

**Proposal for a regulation**
**Annex VII – paragraph 1 – point t a (new)**

(t) where applicable, indication that the
variety has certain characteristics _**that**_
_**may lead to undesirable agronomic**_
_**effects**_ and indication of the applicable
cultivation conditions _**;**_

_Text proposed by the Commission_ _Amendment_

_**(ta) where applicable, the respective**_
_**intellectual property rights covering the**_
_**variety, its components, characteristics**_
_**and development process, including,**_
_**where applicable and appropriate, the**_
_**number of any relevant granted or**_
_**pending patent(s) which the competent**_
_**authority needs to provide and update;**_

**Amendment 314**

**Proposal for a regulation**
**Annex VII – paragraph 1 – point t b (new)**

_Text proposed by the Commission_ _Amendment_

_**(tb) where applicable, a description of**_
_**which breeding techniques have been**_
_**applied for the development of the**_
_**variety.**_

**Amendment 315**

**Proposal for a regulation**
**Annex VII a (new)**

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|Text proposed by the Commission|Col2|
|---|---|
|||
|_Amendment_|_Amendment_|
|**_Annex VIIa_**|**_Annex VIIa_**|
|**_MAXIMUM QUANTITIES FOR DYNAMIC CONSERVATION_**|**_MAXIMUM QUANTITIES FOR DYNAMIC CONSERVATION_**|
|**_The quantity applies per natural or legal person, year and variety/accession/ecotype/plant_**<br>**_genetic resource._**|**_The quantity applies per natural or legal person, year and variety/accession/ecotype/plant_**<br>**_genetic resource._**|
|**_Species_**|**_Maximum net mass_**<br>**_(kg)_**|
|**_Fodder plants_**|**_20_**|
|**_Beet_**|**_20_**|
|**_Cereals_**|**_200_**|
|**_Oil and fibre plants_**|**_20_**|
|**_Potato_**|**_1000_**|
|**_Vegetable:_**||
|**_Legumes_**|**_75_**|
|**_Onions, chervil, asparagus, spinach beet or chard, red beet or beetroot,_**<br>**_turnips, water melon, gourd, marrows, carrots, radishes, scorzonera or_**<br>**_black salsify, spinach, corn-salad or lamb's lettuce_**|**_1 _**|
|**_All other vegetable seed_**|**_0,5_**|
|**_Vegetatively propagated vegetables_**|**_500 plants_**|
|**_Fruit and vine propagating material_**|**_150 stocks_**|

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