Changes from adopted text to adopted text

Removed2. Imported FRM shall be accompanied by all of the following:

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

Removed(b) an official label; and

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

Removed(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]

Removed3. Following the import referred to in paragraph 1, the competent authority of the Member State concerned shall replace:

Removed(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

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

RemovedCHAPTER VII PROCEDURAL PROVISIONS

RemovedArticle 26 Exercise of the delegation

Removed1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

Removed2. 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.

Removed3. 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.

Removed4. 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.

Removed5. 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]

Removed6. 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.

RemovedArticle 27 Committee procedure

Removed1. 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.

Removed2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

RemovedWhere 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.

Removed3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

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

RemovedArticle 28 Reporting

RemovedBy … [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:

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

Removed(b) number of adopted national contingency plans by Member States to prepare for FRM supply difficulties and the time and resources needed to activate those contingency plans; [Am. 83]

Removed(c) number of websites and/or national planters’ guides containing information on where to best plant FRM;

Removed(d) quantities of FRM per genera and species imported from third countries under Union equivalence;

Removed(e) penalties imposed pursuant to Article 29.

RemovedThe Commission shall, by means of implementing acts, specify the technical formats for the report provided for in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).

RemovedArticle 29 Penalties

Removed1. Member States shall lay down the rules on effective, proportionate and dissuasive penalties for infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. Member States shall, without delay, notify the Commission of those rules and measures and of any subsequent amendment affecting them.

Removed2. Member States shall ensure that financial penalties for violations of this Regulation, perpetrated through fraudulent or deceptive practices, reflect, in accordance with national law, at least either the economic advantage for the professional operator or, as appropriate, a percentage of the professional operator’s turnover.

RemovedArticle 30 Amendments of Regulation (EU) 2016/2031

RemovedRegulation (EU) 2016/2031 is amended as follows:

Removed(1) in Article 37, paragraph 4 is replaced by the following:

Removed‘4. The Commission shall, by means of an implementing act, where appropriate, set out measures to prevent the presence of Union regulated non-quarantine pests on the plants for planting concerned, as referred to in Article 36, point (f), of this Regulation. Those measures shall, where appropriate, concern the introduction into and the movement within the Union of those plants.;’

Removed(2) in Article 83, the following paragraph is added:

Removed‘5a. In the case of plants for planting produced, or marketed, as categories source-identified, selected, qualified or tested, as referred to in Regulation (EU) …/…*+, the plant passport shall be included, in a distinct form, in the official label produced in accordance with the respective provisions of that Regulation.

RemovedWhere this paragraph applies,

Removed(a) the plant passport for movement within the Union territory shall contain the elements set out in Parts E and F of Annex VII to this Regulation;

Removed(b) the plant passport for introduction into, and movement within, a protected zone shall contain the elements set out in Part H of Annex VII to this Regulation.’;

Removed______________________

Removed* Regulation (EU) .../... of the European Parliament and of the Council of ... … (OJ ...).’;

Removed+ OJ: Please insert in the text the number of this Regulation and institutions and insert the number, date, title and OJ reference of this Regulation in the footnote. ’

Removed(3) Annex VII is amended in accordance with Annex VII to this Regulation.

RemovedArticle 31 Amendments of Regulation (EU) 2017/625

RemovedRegulation (EU) 2017/625 is amended as follows:

Removed(1) in Article 1(2), the following point is added:

Removed‘(l) production and marketing of forest reproductive material.;’

Removed(2) in Article 3, the following point is added:

Removed‘(52) ‘forest reproductive material’ means material as defined in Article 3(1) of Regulation (EU) …/… of …*+

Removed______________________

Removed* Regulation (EU) .../... of the European Parliament and of the Council of ... … (OJ ...).’;

Removed+ OJ: Please insert in the text the number of this Regulation and institutions and insert the number, date, title and OJ reference of this Regulation in the footnote.’

Removed(3) the following article is inserted after Article 22a:

Removed‘Article 22b

RemovedSpecific rules on official controls and for action taken by the competent authorities in relation to forest reproductive material

Removed1. Official controls to verify compliance with the rules referred to in Article 1(2), point (l), shall include official controls on the production and marketing of forest reproductive material, and on operators subject to those rules.

Removed2. The Commission is empowered to adopt delegated acts in accordance with Article 144 to supplement this Regulation by laying down rules for the performance of official controls on forest reproductive material in order to check compliance with Union rules referred to in Article 1(2), point (l), applicable to those goods and for action taken by the competent authorities following the performance of those official controls.