Changes from plenary report to adopted text

Added(jb) if applicable, the intellectual property rights existing on the FRM. [Am. 134]

AddedArticle 13 Union List of Approved Basic Material

Added1. On the basis of the national lists provided by each Member State in accordance with Article 12, the Commission shall publish a list entitled ‘Union List of Approved Basic Material for the Production of Forest Reproductive Material’.

AddedThat list shall be made available in electronic format through FOREMATIS.

Added2. That list shall reflect the details given in the national lists referred to in Article 12(1) and show the area of utilisation. [Am. 55]

AddedArticle 13a Production from basic material

Added1. Traceability shall be ensured from the collection of FRM up to the marketing to the end user.

Added2. Professional operators shall notify the competent authority of their intention to harvest forest reproductive material prior to harvesting in order to allow the competent authority to organise controls.

Added3. Professional operators shall submit to the competent authority records documenting the harvest of the FRM.

Added4. Removal from the place of harvest is only permitted with a master certificate.

Added5. In the interest of the highest possible genetic diversity within the entire seed lot, the seed harvester shall ensure that the seed lot undergoes intensive mixing during all stages of processing prior to marketing or seeding. [Am. 56]

AddedCHAPTER IV MASTER CERTIFICATE, LABELLING AND PACKAGING

AddedArticle 14 Master certificate of identity

Added1. The competent authorities shall issue, upon application of a professional operator, after harvesting the FRM from approved basic material, a master certificate of identity (‘master certificate’), showing the unique register reference of basic material, for all FRM that has been harvested.

AddedThe master certificate shall attest compliance with the requirements of Article 4(2) that the FRM is derived from approved basic material. [Am. 57]

AddedThe Commission shall, by means of an implementing act, adopt the content and the model for the master certificate of identity for FRM:

Added(a) Model master certificate for FRM that is derived from seed sources and stands;

Added(b) Model master certificate for FRM that is derived from seed orchards or parents of family(ies); and

Added(c) Model master certificate for FRM that is derived from clones and clonal mixtures;

Added(ca) Model master certificate for FRM that is derived from a mixture. [Am. 58]

AddedThat implementing act shall be adopted in accordance with the examination procedure referred to in Article 27(2).

Added2. Where in accordance with Article 15(2) a Member State adopts measures as regards subsequent vegetative propagation, a new master certificate shall be issued.

Added3. Where mixing takes place in accordance with Article 15(3), Member States shall ensure that the register references of the components of the mixtures are identifiable, and a new master certificate or other document identifying the mixture shall be issued.

Added4. Where a lot referred to in Article 15(1) is subdivided into smaller lots that are not processed uniformly and subjected to subsequent vegetative propagation, a new master certificate shall be issued and a reference shall be made to the previous master certificate number.

Added4a. In the case of a mixture, the professional operator shall announce the mixing to the competent authority in advance in order to allow the competent authority to supervise the mixing process. [Am. 59]

Added5. A master certificate may also be issued in an electronic form (‘electronic master certificate’).

AddedThe Commission may, by means of implementing acts, set out technical arrangements for the issuance of electronic master certificates, for ensuring their compliance with this Article and an appropriate, credible and effective mode for the issuance of electronic master certificates. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).

Added6. The Commission is empowered to adopt delegated acts, in accordance with Article 26, supplementing this Article, by setting out rules on:

Added(a) digital recording of all actions taken by the professional operator and the competent authorities, in order to issue the master certificate; and

Added(b) establishment of a centralised platform that connects all the Member States and the Commission, to facilitate the processing of, access to and use of those records.

Added6a. Each Member State shall establish and update a national list of issued master certificates and make that list available to the Commission and competent authorities. [Am. 60]

AddedArticle 15 Lots

Added1. FRM shall, during all stages of production, be kept separated by reference to individual units of approval of basic material and the master certificate, when issued, to ensure traceability of the FRM to the approved basic material from which it has been harvested. FRM shall be harvested from those individual units of approval and marketed in lots that shall be sufficiently homogeneous and identified as distinct from other lots of FRM. [Am. 61]

AddedEach lot of FRM shall be identified by the following:

Added(a) lot numbercode; [Am. 62]

Added(aa) purpose; [Am. 63]

Added(b) master certificate code and number;

Added(c) botanical name;

Added(d) category of FRM;

Added(e) type of basic material; [Am. 64]

Added(f) register reference or identity code for region of provenance;

Added(g) region of provenance for FRM of the ‘source-identified’ and ‘selected’ categories or other FRM if appropriate;

Added(h) if appropriate, whether the origin of the basic material is autochthonous or indigenous, non-autochthonous or non-indigenous, or unknown;

Added(i) in the case of seed units, the year of ripening, purity, germination percentage of the pure seed, weight of 1000 pure seeds, the number of germinable seeds per kilogram and the name of the seed test station; [Am. 65]

Added(j) age and type of planting stock of seedlings or cuttings, whether undercuts, transplants or containerised;

Added(k) for the ‘tested’ category whether it is:

Added(i) genetically modified;

Added(ii) an NGT plant;

Added(ka) if applicable, the intellectual property rights existing on the FRM. [Am. 135]

Added2. Without prejudice to paragraph 1 of this Article and to Article 5(1), point (c), Member States shall keep separately FRM, which is subject to subsequent vegetative propagation and shall identify it as such. Such FRM shall have been harvested from a single unit of approval in the ‘selected’, ‘qualified’ and ‘tested’ categories. In such cases, the produced FRM shall assume the same category as the original FRM.

Added3. Without prejudice to paragraph 1, the mixing of FRM shall be subject to the following conditions, as appropriate:

Added(a) within the ‘source-identified’ or ‘selected’ categories, mixing shall apply to FRM derived from two or more units of approval within a single region of provenance;

Added(b) in the case of mixing of FRM within a single region of provenance, from seed sources and stands in the ‘source-identified category, the new combined lot shall be certified as ‘FRM derived from a seed source’;

Added(c) in the case of mixing of FRM derived from non-autochthonous or non-indigenous basic material with that from basic material of unknown origin, the new combined lot shall be certified as being ‘of unknown origin’;

Added(d) in the case of mixing of FRM derived from a single unit of approval from different years of ripening, the actual years of ripening and proportion of FRM from each year shall be recorded.

AddedIn the case of mixing in accordance with the first subparagraph, points (a), (b) or (c), the identity code for the region of provenance may be substituted for the register reference as in paragraph 1, point (f).

AddedArticle 16 Official label

Added1. An official label shall be issued by the competent authority or by the professional operator under official supervision of a competent authority for every lot of FRM attesting compliance of that FRM with the requirements referred to in Article 5. [Am. 66]

Added1a. The official label shall be printed by:

Added(a) the competent authority, if so requested by the professional operator; or