SANCO ADVISORY GROUP 14 March 2011

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1 Directorate E: Safety of the food chain Unit E.7. Plant health Walter De Backer Working document This presentation does not necessary represent the views of the Commission REVIEW OF THE EUROPEAN UNION LEGISLATION ON THE MARKETING OF PLANT REPRODUCTIVE MATERIAL SANCO ADVISORY GROUP 14 March 2011

2 Why revise? Issues or problems that may require action Distortions in the internal market Need for more efficient use of resources by Member States Complexity of legislation Room to strengthen sustainability issues Need to seek for coherence with other EU policies

3 Possible scenarios Scenario 1: Cost recovery: No change to technical provisions but complete recovery of costs by public authorities Scenario 2: Co-system: No change to technical provisions but certain tasks performed by industry under official supervision Scenario 3: Low burden Co-system: Variety performance testing and official certification are optional. Harmonised VC tests are developed. Repartition of tasks is as under scenario 2. Scenario 4: Enhanced flexibility system: Mandatory basic provisions for registration with a voluntary level of higher assurance for registration and certification Scenario 5:Centralisation: Centralised EU registration procedure with CPVO managing and making final decisions, and fully harmonised certification requirements

4 Scenario 1: Current EU system for S&PM marketing[1] but full cost recovery Step 1: Registration of varieties 1.1 Applicant submits an application and a sample to the national competent authority 1.2 Competent authority performs testing: - distinctness, uniformity, stability for all varieties, (at least over 2 growing seasons) - value for cultivation and use as additional tests for agricultural crops - suitability of the proposed variety name 1.3 Competent authority registers the variety in its national catalogue or list 1.4 The competent authority notifies the EU of the registration 1.5 The EU inscribes the agricultural and vegetable varieties in a common catalogue [1] Terminology not applicable to Forest Reproductive Material

5 Scenario 1: Current EU system for S&PM marketing but full cost recovery Step 2: Inspections/certification of lots of S&PM Marketing of lots covered by an official certification label Supplier submits an application to the competent authority Authority performs inspections on growing seed crop and on lots prepared for marketing, including sampling and laboratory testing. Under certain conditions inspections may be done by the supplier under official supervision Certification label issued Competent authority performs random post-control on lots of S&PM on the market [1] Criteria are crop- specific and depend on marketing category

6 Scenario 1: Current EU system for S&PM marketing but full cost recovery Step 2: Inspections/certification of lots of S&PM Marketing covered by a suppliers' label [not for vines and agricultural crops, except small packages of beet and fodder plant seed] Supplier performs inspections on his seed crop and on lots prepared for marketing Suppliers' document issued: lot eligible for marketing throughout EU Competent authority performs random post-control on lots of S&PM on the market

7 Scenario 2: Co-system: No change to technical provisions but certain tasks performed by industry under official supervision Step 1: All operators (breeders, suppliers, providers of services) have to be registered Step 2: Registration of varieties new elements CPVO performs audits and lists the accepted private and public testing stations The testing station chosen performs testing under official supervision: - DUS for all varieties, - VCU as additional tests for agricultural crops - suitability of the proposed variety name

8 Scenario 2: Co-system: No change to technical provisions but certain tasks performed by industry under official supervision Step 3: Inspections/certification of lots of S&PM Marketing of lots covered by an official certification label Supplier performs inspections on growing S&PM crop and on lots prepared for marketing, including sampling and laboratory testing under official supervision but may request for official examination. Criteria are crop- specific and depend on marketing category Marketing covered by a suppliers' label [not for vines and agricultural crops, except small packages of beet and fodder plant seed] NO CHANGES IN COMPARISON TO CURRENT SYSTEM

9 Scenario 3: Low burden Co-system: Variety performance testing and official certification are optional. Harmonised VC tests are developed. Repartition of tasks is as under scenario 2. Step 1: All operators (breeders, suppliers, providers of services) have to be registered Step 2: Registration of varieties The entrusted testing station chosen performs testing under official supervision: -identity:dus - performance testing PURELY OPTIONAL - if VC(u) performed: Harmonised testing protocols, focusing on sustainability aspects - suitability of the proposed variety name

10 Scenario 3: Low burden Co-system: Variety performance testing and official certification are optional. Harmonised VC tests are developed. Repartition of tasks is as under scenario 2 Step 3: Inspections/certification of lots of S&PM Marketing covered by a suppliers' label Supplier performs inspections on his seed/pm crop and on lots prepared for marketing >> if all criteria are met Suppliers' document issued: lot eligible for marketing throughout EU Marketing covered by an official certification label: >>Only done on request of the supplier, using under official supervision regime

11 Scenario 4: Enhanced flexibility system: Mandatory basic provisions for registration with a voluntary level of higher assurance for registration and certification Step 1: All operators (breeders, suppliers, providers of services) have to be registered Step 2: Registration of varieties Registration as tested variety Applicant submits an application and a sample to the national competent authority The entrusted testing station chosen performs testing under official supervision Alternative: Registration as non-tested variety Applicant submits his variety description based on CPVO protocol or UPOV guideline (and a sample) EU lists the variety in a common catalogue on the basis of the MS notification

12 Scenario 4: Enhanced flexibility system: Mandatory basic provisions for registration with a voluntary level of higher assurance for registration and certification Step 3: Inspections/certification of lots of S&PM Marketing covered by a suppliers' label Supplier performs inspections on his seed/pm crop and on lots prepared for marketing >> if all criteria are met Suppliers' document issued: lot eligible for marketing throughout EU Marketing covered by an official certification label: >>Only done on request of the supplier, using under official supervision regime

13 Scenario 5: Centralisation: Centralised EU registration procedure with CPVO managing and making final decisions, and fully harmonised certification requirements Step 1: All operators (breeders, suppliers, providers of services) have to be registered Step 2: Registration of varieties Applicant submits an application and a sample to the CPVO The entrusted testing station chosen performs testing under official supervision of CPVO: DUS, VC(u), denomination CPVO registers the variety in the common catalogue or list, which is published on line, with hyperlinks to full descriptions of the varieties

14 Scenario 5: Centralisation: Centralised EU registration procedure with CPVO managing and making final decisions, and fully harmonised certification requirements Step 3: Inspections/certification of lots of S&PM Certification under official supervision of national authorities or marketing under suppliers label National stricter provisions have to be approved by Commission Decision following discussions in the standing Committee

15 Further steps Stakeholder consultation via SANCO website (open 6 weeks) ation/index_en.htm Drafting of an Impact assessment report Preparation and adoption of a Commission proposal on legal review Submission of the Commission proposal to the European Parliament and to the Council as selfstanding part of a wider package Adoption of revised legislation in co-decision

16 Thank you for your attention and possible comments!