Changes from plenary report to adopted text

AddedThe approval of the basic material shall be carried out with a reference to the unit of approval.

AddedThe Commission is empowered to adopt delegated acts in accordance with Article 26 amending Annexes II, III, IV and V, as regards requirements for the approval of basic material intended for the production of:

Added(a) FRM of ‘source-identified’ category, and in particular the requirements concerning types of basic material, effective size of the population, origin and region of provenance, sustainability characteristics;

Added(b) FRM of the ‘selected’ category, and in particular the requirements concerning origin, isolation, effective size of the population, age and development, uniformity, sustainability characteristics, volume production, wood quality, and form or growth habit;

Added(c) FRM of the ‘qualified’ category, and in particular the requirements concerning orchards, parents of family(ies), clones, and clonal mixtures;

Added(d) FRM of the ‘tested’ category, and in particular the requirements concerning characteristics to be examined, documentation, setting up the tests, analysis and validity of the tests, the genetic evaluation of the components of basic material, the comparative testing of FRM, provisional approval and early tests.

Added(e) FRM in accordance with the requirements of Regulation (EU) 2018/848 of the European Parliament and of the Council. [Am. 35]

AddedThose amendments shall adapt the rules for the approval of basic material to the development of scientific and technical knowledge, and the development of the OECD Forest Seed and Plant Scheme and other applicable international standards.

Added3. Only approved basic material shall be included under the form of a unit of approval in the national register pursuant to Article 12. Each unit of approval shall be identified by a unique register reference in a national register.

Added4. The approval of basic material shall be withdrawn, if the requirements set out in this Regulation are no longer met.

Added5. After approval, the basic material intended for the production of FRM under the selected, qualified and tested categories shall be re-inspected by the competent authorities at regular intervals.

Added6. The Commission is empowered to adopt delegated acts in accordance with Article 26 amending Annexes II, III, IV and V, in order to adapt them to the development of scientific and technical knowledge, in particular regarding the use of bio-molecular techniques and to the relevant international standards.

AddedArticle 5 Requirements for the marketing of FRM derived from approved basic material

Added1. FRM derived from approved basic material shall be marketed in accordance with the following rules by professional operators: [Am. 36]

Added(a) FRM of the species listed in Annex I may only be marketed, if it is of the categories ‘source-identified’, ‘selected’, ‘qualified’ or ‘tested’, and it has been derived from basic material that has been approved pursuant to Article 4 and if that basic material meets the requirements of Annexes II, III, IV and V, respectively;

Added(b) FRM of the artificial hybrids listed in Annex I may only be marketed, if it is of the ‘selected’, ‘qualified’ or ‘tested’ categories, and it has been derived from basic material that has been approved pursuant to Article 4 and if that basic material meets the requirements of Annexes III, IV and V, respectively;

Added(c) FRM of the tree species and artificial hybrids listed in Annex I, which are vegetatively reproduced, may only be marketed if:

Added(i) it is of the ‘selected’, ‘qualified’ or ‘tested’ categories, and

Added(ii) it has been derived from basic material which has been approved pursuant to Article 4 and which meets the requirements of Annexes III, IV and V, respectively;

Added(iii) FRM of the ‘selected’ category, may only be marketed if it has been mass propagated from seeds;

Added(d) FRM of the tree species and artificial hybrids listed in Annex I, which contains or consists in genetically modified organisms, may only be marketed if:

Added(i) it is of the ‘tested’ category, and

Added(ii) it has been derived from basic material which has been approved pursuant to Article 4 and which meets the requirements of Annex V; and

Added(iii) it is authorised for cultivation in the Union pursuant to Article 19 of Directive 2001/18/EC or Articles 7 and 19 of Regulation (EC) 1829/2003, or, where applicable, in the respective Member State in accordance with Article 26b of Directive 2001/18/EC;

Added(iiia) the material is approved by the competent authority; [Am. 121]

Added(iiib) it bears a label indicating the words ‘New Genomic Techniques’ in accordance with Article 10 of Regulation (EU) ... [OP: please insert a reference to the NGT Regulation]; [Am. 122]

Added(e) FRM of the tree species and artificial hybrids listed in Annex I, which contain or consist of a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...), may only be marketed if:

Added(i) it is of the ‘tested’ category; and

Added(ii) it has been derived from basic material which has been approved pursuant to Article 4 and which meets the requirements of Annex V; and

Added(iii) the plant has obtained a declaration of category 1 NGT plant status pursuant to Article 6 or 7 of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...) or is progeny of such plant(s);

Added(f) FRM of the tree species and artificial hybrids listed in Annex I, may only be marketed if it is accompanied by a reference to its master certificate number(s);

Added(g) it complies with Articles 36, 37, 40, 41, 42, 49, 53 and 54 of Regulation (EU) 2016/2031 concerning Union quarantine pests, protected zone quarantine pests, RNQPs, and pests subject to the measures under Article 30 of that Regulation;

Added(h) in the case of seeds, FRM of the tree species and artificial hybrids listed in Annex I, may only be marketed, if in addition to compliance with points (a) to (g), information is available as regards:

Added(i) purity;

Added(ii) germination percentage of the pure seed; if testing procedures are being carried out, the competent authorities may authorise the marketing before the results of tests; the supplier is obliged to communicate the results of the tests to the buyer as soon as available; [Am. 37]

Added(iii) weight of 1000 pure seeds;

Added(iv) the number of germinable seeds per kilogram of product marketed as seed, or, where the number of germinable seeds is impossible or impractical to assess, in a limited period of time, the number of viable seeds per kilogram, by reference to a specific method. [Am. 38]

Added2. The categories under which FRM from the different types of basic material may be marketed are as set out in the table in Annex VI.

Added3. The Commission is empowered to adopt delegated acts in accordance with Article 26(2), amending the table of Annex VI concerning categories under which FRM from the different types of basic material may be marketed.

AddedThat amendment shall adapt those categories to the development of scientific and technical knowledge and of the relevant international standards.

AddedArticle 6 Requirements for FRM derived from basic material intended for the purpose of conserving forest genetic resources

AddedIn order for FRM derived from basic material subject to the derogation of Article 18 to be marketed, all the following conditions shall be fulfilled:

Added(a) FRM of the species listed in Annex I may only be marketed, if it is of the ‘source-identified’ category;

Added(b) FRM shall be of origin which is naturally adapted to the local and regional conditions, or adapted to the goal of assisted migration when relevant; and [Am. 39]

Added(c) FRM shall be collected from alla maximum number of individuals of the notified basic material., sufficiently numerous to preserve the genetic diversity of the species; [Am. 40]

Added(ca) for species where vegetative propagation is generally used for the purpose of conservation of forest genetic resources, a mixture of a sufficiently varied array of clones in order to maintain genetic diversity shall be used. [Am. 124]

AddedArticle 7 Temporary authorisation of marketing of FRM derived from basic material not meeting the category requirements

Added1. Competent authorities may temporarily authorise the marketing of FRM derived from approved basic material which does not meet all the requirements of the appropriate category referred to in Article 5(1), points (a), (b) and (c), following the adoption of the delegated act referred to in paragraph 2. [Am. 41]

AddedThe competent authorities of the respective Member State shall notify the Commission and the other Member States of those temporary authorisations and of the respective reasons justifying their approval.

Added2. The Commission is empowered to adopt delegated acts, in accordance with Article 26, supplementing this Article, by setting out the conditions for the granting of the temporary authorisation to the Member State concerned.

AddedThose conditions shall include:

Added(a) the justification for granting that authorisation to ensure achievement of the objectives of this Regulation;

Added(b) the maximum durationtime limit of the authorisation; [Am. 42]

Added(c) obligationsminimum requirements as regards official controls on the professional operators applying that authorisation; [Am. 43]

Added(d) the content and form of the notification referred to in paragraph 1.

AddedArticle 8 Special requirements for certain species, categories and types of FRM

AddedThe Commission is empowered to adopt delegated acts, in accordance with Article 26, supplementing, as necessary, this Regulation as regards the requirements as appropriate for each type, species or category of FRM:

Added(a) concerning fruit and seed lots of the species listed in Annex I as regards species purity;

Added(b) concerning parts of plants of the species and artificial hybrids listed in Annex I as regards quality in relation to general characteristics, health and size;

Added(c) for external quality standards for Populus spp. propagated by stem cuttings or sets as regards defects and minimum dimensions for stem cuttings and sets;