Changes from plenary report to adopted text

Added(46) In order to adapt to the movement of vegetation zones and tree species’ ranges as a result of climate change, and any other developments of technical or scientific knowledge, including about climate change, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending the list of the tree species, and artificial hybrids thereof, to which this Regulation applies.

Added(47) In order to adapt to the development of scientific and technical knowledge and of the OECD Forest Seed and Plant Scheme and other applicable international standards, and to take account of Regulation (EU) 2018/848 of the European Parliament and of the Council, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending (i) the requirements concerning basic material intended for the production of FRM to be certified as ‘source-identified’, ‘selected’, ‘qualified’, and ‘tested’ and (ii) the categories under which FRM from the different types of basic material may be marketed.

Added(48) In order to allow a more flexible approach for the Member States, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of setting out the conditions for temporarily authorising the marketing of FRM which does not meet all the requirements of the appropriate category.

Added(49) In order to adapt to the technical and scientific developments, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of setting out the requirements to be fulfilled by fruit and seed lots of the species covered by this Regulation, to be fulfilled by parts of plants of the species and artificial hybrids covered by this Regulation, for external quality standards for Populus spp. propagated by stem cuttings or sets, to be fulfilled by planting stock of the species and artificial hybrids covered by this Regulation, and to be fulfilled by planting stock to be marketed to final users in regions having a Mediterranean climate.

Added(50) In order to adapt with the EU Digital Strategy and the technical developments in the digitisation of services, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of establishing rules concerning digital recording of all actions taken by the professional operator and the competent authorities, in order to issue the master certificate, and concerning the establishment of a centralised platform that connects all the Member States and the Commission.

Added(51) It is of particular importance that the Commission carry out appropriate consultations during its preparatory work for those delegated acts, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Added(52) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with respect to the establishment of specific conditions as regards the requirements and content of the notification of the basic material.

Added(53) In order to ensure uniform conditions for the implementation of this Regulation, and facilitate the recognisability and use of master certificates, implementing powers should be conferred on the Commission with respect to adopting the content and the model for the master certificate of identity for FRM derived from seed sources and stands, FRM derived from seed orchards or parents of family(ies), and FRM derived from clones and clonal mixtures.

Added(54) In order to ensure uniform conditions for the implementation of this Regulation, and ensure a harmonised framework for the labelling and provision of information concerning FRM, implementing powers should be conferred on the Commission with respect to setting out the content of the official label, the additional information in the case of seeds and small quantities of seeds, the colour of the label for specific categories or other types of FRM, and additional information in the case of specific genera or species.

Added(55) In order to ensure uniform conditions for the implementation of this Regulation, and adapt to the developments concerning the digitisation of the FRM sector, implementing powers should be conferred on the Commission with respect to setting out the technical arrangements for the issuance of electronic master certificates.

Added(56) In order to ensure uniform conditions for the implementation of this Regulation, and to address urgent supply problems of FRM, implementing powers should be conferred on the Commission with respect to temporarily approving for marketing FRM of one or more species which satisfies less stringent requirements than the ones set out in this Regulation concerning the approval of basic material.

Added(57) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with respect to deciding on the organisation of temporary experiments to seek improved alternatives to the requirements of this Regulation as regards the assessment and approval of basic material and the production and marketing of FRM.

Added(58) To improve consistency of FRM rules with the Union plant health legislation, Articles 36, 37, 40, 41, 49, 53 and 54 of Regulation (EU) 2016/2031 should apply to the production and marketing of FRM pursuant to this Regulation. In order to ensure consistency with the rules of Regulation (EU) 2016/2031 on plant passports, it should be allowed to combine the official label for FRM with the plant passport.

Added(59) Regulation (EU) 2017/625 should be amended in order to include in its scope rules on official controls in regards to FRM. This is to ensure more consistent official controls and enforcement of the rules across Member States concerning FRM, and consistency with other Union acts concerning the official controls of plants, in particular, Regulation (EU) 2016/2031 and Regulation (EU) …/… of the European Parliament and of the Council.

Added(60) Regulations (EU) 2016/2031 and 2017/625 should therefore be amended accordingly.

Added(61) For reasons of legal clarity and transparency, Directive 1999/105/EC should be repealed.

Added(62) Since the objective of this Regulation, namely to ensure a harmonised approach with regard to the production and marketing of FRM, cannot be sufficiently achieved by the Member States but can rather, by reason of its effects, complexity, and international character, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not exceed what is necessary in order to achieve that objective. In this view, and as necessary, it introduces derogations or specific requirements for certain types of FRM and professional operators.

Added(63) In view of the time and resources required for the competent authorities and the professional operators concerned to adapt to the new requirements set out in this Regulation, this Regulation should apply from … [3 years from the date of entry into force of this Regulation],

AddedHAVE ADOPTED THIS REGULATION:

AddedCHAPTER I GENERAL PROVISIONS

AddedArticle 1 Subject matter

AddedThis Regulation sets out rules concerning the production and marketing of forest reproductive material (‘FRM’) and in particular requirements for the approval of basic material intended for the production of FRM, the origin and traceability of that basic material, FRM categories, requirements for FRM identity and quality, certification, labelling, packaging, imports, professional operators, the registration of basic material, official controls and the national contingency plans. [Am. 10]

AddedArticle 2 Scope

Added1. This Regulation applies to FRM of the tree species and artificial hybrids thereof, listed in Annex I, with a view to being marketed. [Am. 11]

Added2. The objectives of this Regulation are the following:

Added(a) ensure the production and marketing of high-quality FRM in the Union and the correct functioning of the internal market in FRM; [Am. 12]

Added(b) help create resilient and productive forests, conserve biodiversity, prevent the use of invasive species and restore forest ecosystems and their functioning, inter alia, by promoting interspecific and intraspecific genetic variation; [Am. 13]

Added(c) support wood and biomaterials production, climate adaptation, climate mitigation and the conservation and sustainable use of forest genetic resources.

Added3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 26, amending the list set out in Annex I as specified in paragraph 3, taking into account:

Added(a) the movement of vegetation zones and tree species’ ranges as a result of climate change;

Added(b) any relevant developments of technical or scientific knowledge. [Am. 14]

AddedThose delegated acts shall add species and artificial hybrids to the list in Annex I, if such species and artificial hybrids fulfil at least one of the following elements:

Added(a) represent a significant area and economic value of FRM production in the Union;

Added(b) are marketed in at least two Member States;

Added(c) are considered important for their contribution to adaptation to climate change, and

Added(d) are considered important for their contribution to the conservation of biodiversity.

AddedThe delegated acts referred to in the first subparagraph shall remove species and artificial hybrids from the list in Annex, I if they no longer fulfil any of the elements set out in the first subparagraph.

Added4. This Regulation does not apply to the following:

Added(a) plant reproductive material referred to in Article 2 of Regulation (EU) …/… [Office of Publications, please insert reference to Regulation on production and marketing of plant reproductive material];

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

Added(c) FRM produced for export to third countries;

Added(d) FRM used for official testing, scientific purposes or selection work.

AddedArticle 3 Definitions

AddedFor the purposes of this Regulation, the following definitions apply:

Added(1) ‘forest reproductive material’ (‘FRM’) means cones, infructescenses, fruits and seeds intended for the production of aseed units, parts of plants and planting stock,stocks that belong to tree species and artificial hybrids thereof listed in Annex I to this Regulation and used for afforestation, reforestation, and other tree planting and direct seeding for any of the following purposes: [Am. 15]

Added(a) wood and biomaterials production;

Added(b) conservation of forest genetic resources and biodiversity conservation and enhancement; [Am. 16]

Added(c) restoration of forest ecosystems and other wooded land, and supporting their functioning; [Am. 17]

Added(ca) setting up or restoring agroforestry systems; [Am. 18]

Added(d) climate adaptation;

Added(e) climate mitigation;

Added(f) conservation and sustainable use of forest genetic resources.

Added(2) ‘afforestation’ means establishment of forest through planting and/or deliberate seeding of regional adapted tree species on land that, until then, was under a different land use implies a transformation of land use form non-forest to forest; [Am. 19]

Added(3) ‘reforestation’ means re-establishment of forest through planting and/or deliberate seeding of regional adapted tree species on land classified as forest; [Am. 20]

Added(3a) ‘agroforestry’ means the integration of trees on agricultural land without changing the classification of that land; [Am. 120]

Added(4) ‘seed unit’ means cones, infructescenses, fruits and seeds intended for the production of a planting stock or for direct seeding; [Am. 21]

Added(5) ‘planting stock’ means any plant or part of a plant used in plant propagation and comprises plants raised from seed units, from parts of plants, or from plants from natural regeneration;

Added(6) ‘parts of plants’ means stem cuttings, leaf cuttings and root cuttings, explants or embryos used for micropropagation, buds, layers, roots, scions, sets and any other parts of a plant used for the production of a planting stock;

Added(7) ‘production’ means all stages in the generation of the seedseeds, parts of plants and plants, the conversion from seed unit to seed, and the raising of plants from a and also those necessary to obtain an adequate planting stock, with a view for the respective FRM to be marketed; [Am. 22]

Added(8) ‘seed source’ means the trees within ana defined area, from which seeda seed unit is collected; [Am. 23]