What changed between the plenary report and the adopted text

Removed:Article 41 – paragraph 1 b (new): The activities referred to in Articles 28, 29 and 30 shall not be subject to the provisions of this Article.

Added:(g) 10 individuals for fruit and vine cuttings. [Am. 355]

Removed:Article 42 – paragraph 3 a (new): 3a. The activities referred to in Articles 28, 29 and 30 shall not be subject to the provisions of this Article.

Added:Article 4 Compliance with Regulation (EU) 2016/2031

Removed:Article 43 – paragraph 1 – point a: (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

Added:This Regulation shall apply without prejudice to Regulation (EU) 2016/2031.

Removed:Article 44 – paragraph 1 – introductory part: 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:

Added:Any PRM lot produced and marketed in accordance with this Regulation, shall also comply with the rules set out in, or pursuant to, Articles 36, 37, 40, 41, 42, 49, 53 and 54 of Regulation (EU) 2016/2031 concerning Union quarantine pests, protected zone quarantine pests and RNQPs, and with the measures adopted pursuant to Article 30(1) of that Regulation.

Removed:Article 45 – paragraph 2 – subparagraph 1: The Union variety register shall include the varieties, registered in national variety registers and notified in accordance with Article 44, and shall be updated monthly.

Added:CHAPTER II REQUIREMENTS CONCERNING VARIETIES, CATEGORIES OF PRM, LABELLING, AUTHORISATIONS, HANDLING, IMPORTS AND DEROGATIONS

Removed:Article 46 – paragraph 2: 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.

Added:SECTION 1 General requirements for the production and marketing of PRM

Removed:Article 47 – paragraph 1 – subparagraph 1 – point a – point i: (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

Added:Article 5 Belonging to a registered variety

Removed:Article 47 – paragraph 1 – subparagraph 1 – point f: (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;

Added:Only PRM belonging to a variety registered in a national variety register referred to in Article 44 may be produced and marketed within the Union, except the following cases:

Removed:Article 47 – paragraph 1 – subparagraph 1 – point g: (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 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.

Added:(a) as rootstocks, if produced and marketed with a reference, contained in an appropriate labelling, to the species to which they belong;

Removed:Article 47 – paragraph 2 – subparagraph 1 – introductory part: 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:

Added:(b) as heterogeneous material in accordance with Article 27;

Removed:Article 47 – paragraph 3 – subparagraph 1 – introductory part: 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:

Added:(c) as PRM marketed to final users in accordance with Article 28;

Removed:Article 47 – paragraph 3 – subparagraph 1 – point i: (a) measures in the field, including crop rotation;

Added:(d) as PRM produced and marketed for the purposes of conservation of genetic resources in accordance with Article 29;

Removed:Article 47 – paragraph 3 – subparagraph 1 – point ii: (b) monitoring measures;

Added:(e) as seed PRM exchanged in kind between farmers in accordance with Article 30; [Am. 66]

Removed:Article 47 – paragraph 3 – subparagraph 1 – point iii: (c) the mode of notification of the conditions referred to in point (a) to the Commission and the other Member States;

Added:(f) as breeder’s seed, in accordance with Article 31; [Am. 67]

Removed:Article 47 – paragraph 3 – subparagraph 1 – point iv: (d) rules for reporting from professional operators to the competent authorities concerning the application of the conditions referred to in point (a);

Added:(g) as PRM of not yet registered varieties in accordance with Article 32;

Removed:Article 47 – paragraph 3 – subparagraph 1 – point v: (e) the indication of the conditions referred to in point (a) in the national variety registers.

Added:(h) in the event of supply difficulties of PRM in accordance with Article 33.

Removed:Article 47 – paragraph 4: 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.

Added:Article 6 Belonging to certain categories of PRM

Removed:Article 48 – paragraph 1: 1. For the purposes of the official description, referred to in Article 47(1), 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.

Added:1. Only PRM belonging to one of the following categories may be produced and marketed within the Union, except in the cases provided for in paragraph 2:

Removed:Article 48 – paragraph 2 – point a: (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;

Added:(a) pre-basic material or seed;

Removed:Article 52 – paragraph 1 – subparagraph 2 – point f: (f) characteristics that enhance the sustainability of cultivation, harvesting, storage, processing, distribution and use;

Added:(b) basic material or seed;

Removed:Article 52 – paragraph 1 – subparagraph 2 – point g: (g) quality, or nutritional characteristics or characteristics important for processing;

Added:(c) certified material or seed;

Removed:Article 52 – paragraph 1 – subparagraph 2 – point g a (new): (ga) pre- or post-harvest waste reduction.

Added:(d) standard material or seed.

Removed:Article 52 – paragraph 1 a (new): 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, second subparagraph, points (a) to (g).

Added:Where a reference is made in this Regulation to lower or higher categories concerning identity and quality of PRM, that determination shall be based on the ranking the order of points (a) - (d), with point (a) indicating the highest rank and point (d) the lowest one.

Removed:Article 52 – paragraph 3 – subparagraph 1 – point b: (b) establishing the methodologies for assessing the characteristics listed under paragraph 1, second subparagraph, points (a) to (ga);

Added:2. By way of derogation from paragraph 1, PRM may be produced and marketed without belonging to a category listed in (a) - (d) in the following cases:

Removed:Article 52 – paragraph 3 – subparagraph 3 a (new): 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.

Added:(a) marketing of PRM of heterogeneous material in accordance with Article 27;

Removed:Article 52 – paragraph 3 – subparagraph 4: deleted

Added:(b) marketing to a final user in accordance to Article 28;

Removed:Article 52 – paragraph 4 – subparagraph 2: 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 non-organic conditions and implementation of testing under non-organic conditions.

Added:(c) marketing to and between conservation networks as referred to in Article 29;

Removed:Article 52 – paragraph 4 a (new): 4a. Competent authorities may include testing of conventional seed under low input conditions, organic in-conversion, or organic conditions.

Added:(d) as seed PRM exchanged in kind between farmers in accordance with Article 30. [Am. 68]

Removed:Article 52 – paragraph 4 b (new): 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.

Added:(e) breeder’s seed as referred to in Article 31. [Am. 69]

Removed:Article 53 – paragraph 1 – point b: (b) it has an indication of its initial region of origin, when known, or the local conditions under which it has been newly bred;

Added:SECTION 2 Requirements for the production and marketing of pre-basic, basic, certified and standard material and seed