Changes from adopted text to adopted text

Removed(b) category;

Removed(c) basic material;

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

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

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

Removed(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;

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

Removed4. 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).

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

RemovedBy 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:

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

Removed(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.

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

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

RemovedBy 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.

RemovedArticle 21 Temporary difficulties in supply

Removed1. 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).

Removed2. 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).

Removed3. The implementing act referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 27(2).

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

Removed1. 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.

RemovedThose 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.

Removed2. 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:

Removed(a) the species or artificial hybrids concerned;

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

Removed(c) the duration of the experiment;

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

RemovedThose acts shall take into account the evolution of:

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

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

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

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

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

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

RemovedThose 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.

Removed3. 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.

RemovedArticle 23 Authorisation to adopt more stringent requirements

Removed1. 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]

Removed2. For the purpose of the authorisation referred to in paragraph 1, Member States shall submit to the Commission a request setting out:

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

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

Removed3. The authorisation referred to in paragraph 1 shall be granted only if all the following conditions are fulfilled:

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

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

Removed(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]

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

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

Removed4. 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.

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

RemovedCHAPTER VI IMPORTS OF FRM

RemovedArticle 24 Imports on the basis of Union equivalence

Removed1. 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]

Removed2. 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:

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

Removed(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;

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

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

Removed3. 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.

RemovedArticle 25 Notification and certificates of imported FRM

Removed1. 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.