Changes from plenary report to adopted text

Added(c) the duration of the experiment;

Added(d) the monitoring and reporting obligations of the participating Member States.

AddedThose acts shall take into account the evolution of:

Added(a) the methods for the determination of the origin of the basic material including the use of biomolecular techniques;

Added(b) the methods for the conservation and sustainable use of forest genetic resources taking into account applicable international standards;

Added(c) the methods for reproduction, production including the use of innovative production processes;

Added(d) the methods for the design of crossing schemes of components of basic material;

Added(e) the methods for the assessment of characteristics of basic material and FRM;

Added(f) the methods for the control of the FRM concerned.

AddedThose acts shall adapt to the evolution of techniques for production of the FRM concerned, and be based on any comparative trials and tests carried out by the Member States.

Added3. The Commission shall review the results of those experiments and summarise them in a report, indicating, if necessary, the need to amend Articles 1, 4 or 5.

AddedArticle 23 Authorisation to adopt more stringent requirements

Added1. By way of derogation from Article 4, the Commission, by means of implementing acts, may authorise Member States to adopt, as regards the requirements for the approval of basic material and the production of FRM more stringent production requirements, than those referred to in that Article, in all or part of the territory of the Member State concerned, provided that those requirements do not prohibit, impede or restrict the free movement of FRM that is in conformity with this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2). [Am. 77]

Added2. For the purpose of the authorisation referred to in paragraph 1, Member States shall submit to the Commission a request setting out:

Added(a) the draft provisions containing the proposed requirements;

Added(b) a justification on the necessity and proportionality of such requirements.

Added3. The authorisation referred to in paragraph 1 shall be granted only if all the following conditions are fulfilled:

Added(a) the measures requested ensure at least one of the following:

Added(i) the improvement of the quality of the FRM concerned;

Added(ii) the protection of the environment: adaptation to climate change or the contribution to the protection, enhancement of biodiversity, or restoration of forest ecosystems and supporting their functioning; [Am. 78]

Added(b) the measures requested are necessary and proportionate to their objective pursuant to point (a); and

Added(c) the measures are justified on the basis of the specific climatic and ecological conditions in the Member State concerned.

Added4. Where Member States have adopted additional or more stringent requirements pursuant to Article 7 of Directive 1999/105/EC, the Member States concerned shall, by … [one year after the date of application of this Regulation], review those measures and repeal or amend those measures to comply with this Regulation.

AddedThey shall inform the Commission and the other Member States of those actions.

AddedCHAPTER VI IMPORTS OF FRM

AddedArticle 24 Imports on the basis of Union equivalence

Added1. FRM may be imported from third countries to the Union only if it is established, pursuant to paragraph 2, that it fulfils requirements equivalent to those applicable to FRM produced and marketed in the Union. The process of assessing and establishing equivalence shall be based on a detailed examination of the identity and quality standards and other requirements applicable to FRM. [Am. 79]

Added2. The Commission may decide, by means of implementing acts, if FRM of specific genera, species οr categories produced in a third country, fulfils requirements equivalent to those applicable to FRM produced and marketed in the Union, on the basis of all of the following:

Added(a) a thorough examination of the information and data provided by the third country concerned; and

Added(b) the satisfactory result of an audit carried out by the Commission in the third country concerned, where that audit has been considered necessary by the Commission;

Added(c) that third country participates in the OECD Scheme for the Certification of Forest Reproductive Material Moving in International Trade.

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

Added3. When adopting the decisions referred to in paragraph 1, the Commission shall consider whether the systems, for approval and registration of basic material and subsequent production of FRM from that basic material, applied in the third country concerned provide the same guarantees as those provided for in Articles 4, 5 and, where applicable, Article 11, for the ‘source identified’, ‘selected’, ‘qualified’ and ‘tested’ categories.

AddedArticle 25 Notification and certificates of imported FRM

Added1. The professional operators importing FRM into the Union shall inform the respective competent authority in advance of the import through the information management system for official controls (IMSOC) referred to in Article 131 of Regulation (EU) 2017/625.

Added2. Imported FRM shall be accompanied by all of the following:

Added(a) a master certificate or another official certificate issued by the third country of origin;

Added(b) an official label; and

Added(c) records containing details of that FRM provided by the professional operator in that third country;

Added(ca) a new master certificate issued by the competent authority of the Member State of import, which shall replace the master certificate or official certificate referred to in point (a) following the import, or a certificate attesting to the existence of this new certificate. [Am. 80]

Added3. Following the import referred to in paragraph 1, the competent authority of the Member State concerned shall replace:

Added(a) the master certificate or official certificate referred to in paragraph 2, point (a) with a new master certificate issued in the Member State concerned; and

Added(b) the official label referred to in paragraph 2, point (b), with a new official label issued in the Member State concerned.

AddedCHAPTER VII PROCEDURAL PROVISIONS

AddedArticle 26 Exercise of the delegation

Added1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

Added2. The power to adopt delegated acts referred to in Article 2(2), Article 4(2) and(6), Article 5(3), Article 7(2), Article 8(1), Article 14(6) and Article 16(7) shall be conferred on the Commission for a period of 5 years from … [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power no later than 9 months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.

Added3. The delegation of power referred to in Article 2(2), Article 4(2) and (6), Article 5(3), Article 7(2), Article 8(1), Article 14(6) and Article 16(7) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Added4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

Added5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. The involvement of experts designated by the Member States means that a wide range of national expertise and perspectives can be brought to the table, thus contributing to informed and balanced decision-making in respect of delegated acts. [Am. 81]

Added6. A delegated act adopted pursuant to Article 2(2), Article 4(2) and (6), Article 5(3), Article 7(2), Article 8(1), Article 14(6) and Article 16(7) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.

AddedArticle 27 Committee procedure

Added1. The Commission shall be assisted by the Standing Committee on Plants, Animals, Food and Feed established by Article 58(1) of Regulation (EC) No 178/2002 of the European Parliament and of the Council. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Added2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

AddedWhere the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so requests.

Added3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

AddedCHAPTER VIII Reporting, penalties and amendments of Regulations (EU) 2016/2031 and 2017/625

AddedArticle 28 Reporting

AddedBy … [Office of Publications, please insert date of 5 years after the date of application of this Regulation], and every 5 years thereafter, Member States shall transmit to the Commission a report on the following:

Added(a) quantities of certified FRM per year, where a master certificate was issued; [Am. 82]