Changes from adopted text to adopted text

Removed(35) ‘qualified’ means a category of FRM derived from basic material consisting of seed orchards, parents of family(ies), clones or clonal mixtures, the components of which have been phenotypically selected at the individual level, and which meets the requirements set out in Annex IV;

Removed(36) ‘tested’ means a category of FRM derived from basic material consisting of stands, seed orchards, parents of family(ies), clones or clonal mixtures and which meets the requirements set out in Annex V;

Removed(37) ‘official certification’ means certification of source-identified, selected, qualified and tested FRM, if all relevant inspections and, where appropriate, sampling and FRM testing have been carried out by the competent authority and if it has been concluded that the FRM meets the respective requirements of this Regulation;

Removed(38) ‘category’ means FRM that qualifies as source-identified, selected, qualified or tested material;

Removed(39) ‘genetically modified organism’ means a genetically modified organism as defined in Article 2(2) of Directive 2001/18/EC, excluding organisms obtained through the techniques of genetic modification listed in Annex I B to Directive 2001/18/EC;

Removed(40) ‘NGT plant’ means plants obtained by certain new genomic techniques as defined in Article 3, point 2 of Regulation (EU) [Office of Publications, please insert reference to Regulation on plants obtained by certain new genomic techniques and their food and feed] of the European Parliament and of the Council ;

Removed(41) ‘seed transfer zones’ means an area and/or altitudinal zones designated by the competent authorities for the movement of FRM belonging to the source-identified and selected categories, taking into account, as appropriate, the origin and provenance of the FRM, provenance trials, environmental conditions and future climatic change projections;

Removed(42) ‘deployment area for seed orchards and parents of family(ies)’ means the area designated by the competent authorities, in which FRM belonging to the qualified and tested categories is adapted to the climatic and ecological conditions of that area, taking into account, as appropriate, the location of the seed orchards, parents of family(ies) and its components, results of progeny and provenance trials, environmental conditions and future climatic change projections; [Am. 31]

Removed(43) ‘deployment area for clones and clonal mixtures’ means the area designated by the competent authorities, in which FRM belonging to the qualified and tested categories is adapted to the climatic and ecological conditions of that area, taking into account, as appropriate, the origin or provenance of the clone(s), results of progeny and, provenance and clonal trials, the environmental conditions and future climatic change projections; [Am. 32]

Removed(44) ‘FOREMATIS’ means the Forest Reproductive Material Information System of the Commission;

Removed(45) ‘natural regeneration’ means the renewal of athe forest by trees that develop from seeds which have fallen and germinated in situnatural processes through natural seeding, sprouting, suckering or layering; [Am. 33]

Removed(46) ‘quality pests’ means pests fulfilling all of the following:

Removed(a) they are not Union quarantine pests, protected zone quarantine pests, or regulated non-quarantine pests (‘RNQPs’) within the meaning of Regulation (EU) 2016/2031, nor pests subject to the measures adopted pursuant to Article 30(1) of that Regulation;

Removed(b) they occur during FRM production or storage; and

Removed(c) their presence has an unacceptable adverse impact on the quality of the FRM, and an unacceptable economic impact as regards the use of that FRM in the Union;

Removed(47) ‘practically free from quality pests’ means completely free from quality pests, or a situation where the presence of quality pests on the respective FRM is so low that those pests do not affect adversely the quality of that FRM. [Am. 34]

RemovedCHAPTER II BASIC MATERIAL AND FRM DERIVING FROM IT

RemovedArticle 4 Approval of basic material for the production of FRM

Removed1. Only basic material approved by the competent authorities may be used for the production of FRM.

Removed2. Basic material intended for the production of FRM to be certified as ‘source-identified’ shall be approved, if it fulfils the requirements set out in Annex II.

RemovedBasic material intended for the production of FRM to be certified as ‘selected’ shall be approved, if it fulfils the requirements set out in Annex III.

RemovedBasic material intended for the production of FRM to be certified as ‘qualified’ shall be approved, if it fulfils the requirements set out in Annex IV.

RemovedBasic material intended for the production of FRM to be certified as ‘tested’ shall be approved, if it fulfils the requirements set out in Annex V.

RemovedThe assessment of the requirements laid down in Annexes II to V for the approval of basic material, may include besides visual inspection, documentary checks, tests and analyses or other complementary methods, also the use of bio-molecular techniques, if they are considered more appropriate for the purpose of that approval.

RemovedThe basic material for all categories shall be assessed for its sustainability characteristics as set out in Annexes II to V, to take into account the climatic and ecological conditions.

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

RemovedThe 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:

Removed(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;

Removed(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;

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

Removed(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.

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

RemovedThose 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.

Removed3. 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.

Removed4. The approval of basic material shall be withdrawn, if the requirements set out in this Regulation are no longer met.

Removed5. 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.

Removed6. 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.

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

Removed1. FRM derived from approved basic material shall be marketed in accordance with the following rules by professional operators: [Am. 36]

Removed(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;

Removed(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;

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

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

Removed(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;

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

Removed(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:

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

Removed(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

Removed(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;

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

Removed(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]

Removed(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:

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

Removed(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

Removed(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);

Removed(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);

Removed(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;

Removed(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:

Removed(i) purity;

Removed(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]