Changes from plenary report to adopted text

Added(b) the professional operator, under the official supervision of the competent authority. [Am. 67]

Added2. Competent authorities shall authorise the professional operator to print the official label after the competent authority has attested compliance of that FRM with the requirements referred to in Article 5. The professional operator is authorised to issue and/or print thatthe official label, if, on the basis of an audit, the competent authority has concluded that the operator possesses thesufficient competence, infrastructure and resources to print the official label. [Am. 68]

Added3. The competent authority shall carry out regular controls to check whether the professional operator complies with the requirements referred to in paragraph 2.

AddedWhere, after having granted the authorisation referred to in paragraph 2, the competent authority finds that a professional operator does not fulfil the requirements referred to in that paragraph, it shall without delay withdraw, or modify as appropriate, the authorisation.

Added4. In addition to the information required under Article 15(1), the official label or another document from the supplier with the information required under that Article shall contain all the following information: [Am. 69]

Added(a) master certificate number(s) issued in accordance with Article 14 or a reference to the other document identifying the mixture available in accordance with Article 14(3);

Added(b) namenames of the supplying professional operatoroperators, including their address and registration number, and names of the recipients including their address; [Am. 70]

Added(c) quantity supplied;

Added(d) in the case of FRM of the ‘tested’ category, whose basic material is approved under Article 4, the words ‘provisionally approved’;

Added(e) whether the FRM has been vegetatively propagated;

Added(ea) a QR code with instructions on how to take care of, store and plant FRM. [Am. 71]

Added5. The Commission shall, by means of implementing acts, set out the following elements concerning the official label:

Added(a) content of the official label;

Added(b) additional information in the case of seeds and small quantities of seeds;

Added(c) colour of the label for specific categories or other types of FRM; [Am. 72]

Added(d) additional information in the case of specific genera or species;

Added(da) indication as to whether the material is product of genetic modification under Directive 2001/18/EC. [Am. 136]

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

Added5a. If a coloured label or document is used by the professional operator in respect of any category of FRM, the colour of the supplier's label or document shall correspond with the colour indicated in Annex VI. [Am. 73]

Added6. An official label may also be issued in an electronic form (‘electronic official label’).

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

Added7. 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 operators and the competent authorities in order to issue the official labels;

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

AddedArticle 17 Packages of seed units

AddedSeed units may only be marketed in sealed packages with that become unserviceable once the package is opened. In order to prevent putrefaction of the FRM, the packaging of the sealed package may be adapted to the needs of the respective FRM. [Am. 74]

AddedCHAPTER V DEROGATIONS FROM ARTICLE 4

AddedArticle 18 Derogation from the obligation to be approved for basic material intended for the purpose of conserving forest genetic resources

Added1. By way of derogation from Article 4(1) and (2), the registration of basic material intended for the purpose of conserving forest genetic resources in the national register shall not be subject to approval by the competent authorities.

Added2. Any professional operator registering basic material for the purpose of conserving forest genetic resources used in forestry, shall notify that basic material to the competent authority of the Member State concerned.

Added3. Basic material referred to in paragraph 1 shall be notified to the competent authorities in accordance with the format of FOREMATIS.

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

AddedEach unit of notification shall be identified by a unique register reference in a national register.

AddedThat notification shall contain the following information: referred to in Article 12(3).

Added(a) botanical name;

Added(b) category;

Added(c) basic material;

Added(d) register reference or, where appropriate, summary thereof, or identity code for region of provenance;

Added(e) location: a short name, if appropriate, and the region of provenance and the latitudinal, longitudinal and altitudinal range;

Added(f) area: the size of a seed source(s) or stand(s);

Added(g) origin: indication whether the basic material is autochthonous/indigenous, non-autochthonous/non-indigenous or whether the origin is unknown. For non-autochthonous/ non-indigenous basic material, indication of the origin if known;

Added(h) purpose: conservation and sustainable use of genetic resources. [Am. 75]

Added4. The Commission may, by means of implementing acts, establish the specific conditions as regards the requirements and content of that notification. Those implementing acts shall take account of the development of applicable international standards and shall be adopted in accordance with the examination procedure referred to in Article 27(2).

AddedArticle 19 Approval by professional operators of basic material intended for the production of FRM of the source–identified category

AddedBy way of derogation from Article 4(1) and (2), Member States may authorise professional operators to approve, for certain species, basic material intended for the production of FRM of the source-identified category, if the following conditions are fulfilled:

Added(a) the region of provenance, where the basic material is located, is subject to extreme weather conditions; and

Added(b) those weather conditions have an impact on the reproductive cycle of the basic material and decrease the frequency of harvesting FRM from that basic material.

AddedThat authorisation shall be subject to approval bynotified to the Commission. [Am. 76]

AddedArticle 20 Provisional approval of basic material intended for the production of FRM of the tested category

AddedBy way of derogation from Article 4(2), Member States may allow the approval, for a maximum period of 10 years, in all or part of their territory, of basic material intended for the production of FRM of the ‘tested’ category where, from the provisional results of the genetic evaluation or comparative tests referred to in Annex V, it can be assumed that once the tests are completed, the basic material will satisfy the requirements for approval under this Regulation.

AddedArticle 21 Temporary difficulties in supply

Added1. In order to overcome any temporary difficulties in the general supply of FRM that occur in one or more Member States, the Commission may, at the request of at least one Member States affected, temporarily authorise the Member States to approve for marketing, by means of an implementing act, FRM of one or more species that has been derived from basic material, which satisfies less stringent requirements than the ones set out in Article 4(1) and (2).

Added2. Where the Commission acts in accordance with paragraph 1, the official label issued pursuant to Article 16(1) shall state that the FRM concerned has been derived from basic material which satisfies less stringent requirements than the ones set out in Article 4(1) and (2).

Added3. The implementing act referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 27(2).

AddedArticle 22 Temporary experiments to seek improved alternatives to provisions of this Regulation

Added1. By way of derogation from Articles, 1, 4 and 5, the Commission may decide, by means of implementing acts, on the organisation of temporary experiments to seek improved alternatives to provisions of this Regulation concerning the species or artificial hybrids it applies to, the requirements for the approval of basic material and the production and marketing of FRM.

AddedThose experiments may take the form of technical or scientific trials examining the feasibility and appropriateness of new requirements compared to the ones set out in Articles 1, 4 and 5 of this Regulation.

Added2. The implementing acts referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 27(2) and shall specify one or more of the following elements:

Added(a) the species or artificial hybrids concerned;

Added(b) the conditions of the experiments per species or artificial hybrid;