BETA

69 Amendments of Ulrike MÜLLER related to 2023/0228(COD)

Proposal for a regulation
Article 1 – paragraph 1

This Regulation sets out rules concerning the production and marketing of forest reproductive material (‘FRM’) and in particular requirements for the approval of basic material intended for the production of FRM, the origin and traceability of that basic material, FRM categories, requirements for FRM identity and quality, certification, labelling, packaging, imports and exports, professional operators, the registration of basic material, requirements for controls and the national contingency plans.

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 2 – paragraph 1

1. This Regulation applies to FRM of the tree species and artificial hybrids ~~thereof~~, listed in Annex I with a view to be marketed.

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 2 – paragraph 4 – point b

~~(b) propagating material of ornamental plants as defined in Article 2 of Directive 98/56/EC;~~deleted

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 2 – paragraph 4 – point c

~~(c) FRM produced for export to third countries;~~deleted

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 3 – paragraph 1 – point 1 – introductory part

(1) ‘forest reproductive material’ (‘FRM’) means ~~cones, infructescenses, fruits and seeds intended for the production of a~~seed units and planting stock, that belong to tree species and artificial hybrids thereof listed in Annex I to this Regulation and used for afforestation, reforestation and other tree planting for any of the following purposes:

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point b

(b) conservation of forest genetic resources and biodiversity conservation;

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f

~~(f) conservation and sustainable use of forest genetic resources.~~deleted

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 3 – paragraph 1 – point 4

(4) ‘seed unit’ means cones, infructescenses, fruits and seeds intended for the production of a planting stock or for direct seeding;

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 3 – paragraph 1 – point 7

(7) ‘production’ means all stages in the generation of ~~the seed and plants, the~~FRM including harvest, storage, preparation and conversion of~~rom~~ seed unit ~~to seed, and the r~~s and growing, multiplying, maintaisning ~~of plants from a~~, storage and harvest of planting stock, with a view ~~for the respective FRM~~ to be marketed;

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 3 – paragraph 1 – point 8

(8) ‘seed source’ means the trees within an defined area, from which a seed unit is collected;

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 3 – paragraph 1 – point 15

(15) ‘unit of approval’ means the entire area or individuals of basic material for the production of FRM that has been authorised by the competent authorities;

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 3 – paragraph 1 – point 17

(17) ‘~~seed~~ lot’ means uniformly processed FRM, in case of: a) seed unit: a set of seed units collected from approved basic material ~~and processed uniformly~~or a permitted mixture; b) plant unit: a set of planting stock that has been grown from a single seed unit or a vegetatively propagated planting stock which has been raised in a delineable area;

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 3 – paragraph 1 – point 19

(19) ‘lot ~~number~~code’ means the identification number of the seed lot or plant lot, as appropriate;

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 3 – paragraph 1 – point 30

(30) ‘marketing’ means the following actions conducted by a professional operator: sale, holding or offering for the purpose of sale or any other way of transferring, distribution ~~within,~~(including dispatching) within, or export out of the Union or import into the Union, whether free of charge or not, of FRM;

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 3 – paragraph 1 – point 31 – point c

~~(c) storage, collection, dispatching and processing of the FRM;~~deleted

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 3 – paragraph 1 – point 41

(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;deleted

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 3 – paragraph 1 – point 42

(42) ‘deployment area for seed orchards’ 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 and its components, results of progeny and provenance trials, environmental conditions and future climatic change projections;deleted

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 3 – paragraph 1 – point 43

(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 trials, the environmental conditions and future climatic change projections;deleted

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 3 – paragraph 1 – point 45

(45) ‘natural regeneration’ means the renewal of athe forest by ~~trees that develop from seeds which have fallen and germinated in situ~~natural processes

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 7

The approval of the basic material shall be carried out with a reference to the unit of approval and can also be provided with ancillary provision now or at a later date.

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. FRM derived from approved basic material shall be marketed in accordance with the following rules only by official operators:

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 5 – paragraph 1 – point c – point i

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

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 5 – paragraph 1 – point h – introductory part

(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:

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 5 – paragraph 1 a (new)

1a. If the germination capacity test has not yet been completed, delivery is permitted. In this case, the supplier shall communicate the information to the purchaser immediately after the test is completed.

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 6

Article 6 Requirements for FRM derived from basic material intended for the purpose of conserving forest genetic resources In order for FRM derived from basic material subject to the derogation of Article 18 to be marketed, all the following conditions shall be fulfilled: (a) FRM of the species listed in Annex I may only be marketed, if it is of the ‘source-identified’ category; (b) FRM shall be of origin which is naturally adapted to the local and regional conditions; and (c) FRM shall be collected from all individuals of the notified basic material.deleted

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 10 – paragraph 2

2. Professional operators shall make available to the users of their FRM all ~~necessary~~ information concerning its suitability for current and projected future climatic and ecological conditions. That information shall, prior to the transfer of the FRM concerned, be provided to the potential purchaser through websites, planters’ guides and other appropriate meansabout the identity of FRM.

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 10 – paragraph 2 a (new)

2a. The professional operator has to nominate a responsible natural person.

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 – point c

(c) type of basic material;

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 – point h a (new)

(ha) further information if available should be described;

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 13 – paragraph 2

2. That list shall reflect the details given in the national lists referred to in Article 12(1) ~~and show the area of utilisation~~.

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 13 a (new)

Article 13a Production from basic material (1) Traceability shall be ensured from the collection of FRM up to the marketing to the end user. (2) The professional operator shall notify the competent authority of his intention to harvest forest reproductive material at least 3 business days prior to harvesting with the appointment of a responsible person in order to allow the competent authority to organise controls. (3) Professional operators shall supply the competent authority with records documenting the harvest of the FRM. (4) The removal from the place of harvest is only permitted with a master certificate. (5) In the interest of the highest possible genetic diversity within the entire seed lot, the seed harvester shall ensure that the seed lot undergoes intensive mixing prior to marketing or seeding.

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1

The competent authorities shall issue, upon application of a professional operator, before FRM is removed from the place of harvest after harvesting the FRM from approved basic material, a master certificate of identity (‘master certificate’), showing the unique register reference of basic material, for all FRM that has been harvested.

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2

The master certificate shall attest ~~compliance with the requirements of Article 4(2)~~that it is deriving from approved basic material.

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3 – point c a (new)

(ca) Model master certificate for FRM that is derived from a mixture.

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 14 – paragraph 4 a (new)

4a. In case of a mixture the professional operator has to announce at least 3 business days prior the mixing in order to allow the competent authority to supervise the mixing process.

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 14 – paragraph 6 – point b

(b) establishment of a centralised platform that connects all the Member States and the Commission, to facilitate the processing of, access to and use of those records. Each Member State shall establish and update a national list of issued master certificates and make it available to the Commission and national authorities.

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1

FRM shall, during all stages of production, be kept separated by reference to ~~individual units of approval of basic material~~the master certificate to ensure traceability of the FRM to the approved basic material from which it has been harvested. FRM shall be harvested from those individual units of approval and marketed in lots that shall be sufficiently homogeneous and identified as distinct from other lots of FRM.

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2 – point -a (new)

(-a) purpose;

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2 – point e

(e) type of basic material;

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2 – point i

(i) in the case of seed units, the year of ripening, purity, germination percentage of the pure seed, weight of 1000 pure seeds, and the number of germinable seeds per kilogram (Article 5 (1)(h)) and name of the seed test station;

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1 – introductory part

Without prejudice to paragraph 1, the mixing of ~~FRM~~seeds shall be subject to the following conditions~~, as appropriate~~:

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1 – point -a (new)

(-a) at least one purpose is matched. The new combined lot must be certified with the matching purposes and

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1 – point -a a (new)

(-aa) as appropriate: (i) within the ‘source-identified’ or ‘selected’ categories, mixing shall apply to seeds derived from two or more units of approval within a single region of provenance; (ii) in the case of mixing of seeds within a single region of provenance, from seed sources and stands in the ‘source- identified category, the new combined lot shall be certified as ‘FRM derived from a seed source’; (iii) in the case of mixing of seeds derived from non-autochthonous or non- indigenous basic material with that from basic material of unknown origin, the new combined lot shall be certified as being ‘of unknown origin’; (iv) in the case of mixing of seeds derived from a single unit of approval from different years of ripening, the actual years of ripening and proportion of seeds from each year shall be recorded.

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1 – point a

~~(a) within the ‘source-identified’ or ‘s~~delected~~’ categories, mixing shall apply to FRM derived from two or more units of approval within a single region of provenance;~~

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1 – point b

(b) in the case of mixing of FRM within a single region of provenance, from seed sources and stands in the ‘source-identified category, the new combined lot shall be certified as ‘FRM derived from a seed source’;deleted

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1 – point c

(c) in the case of mixing of FRM derived from non-autochthonous or non- indigenous basic material with that from basic material of unknown origin, the new combined lot shall be certified as being ‘of unknown origin’;deleted

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1 – point d

~~(d) in the case of mixing of FRM derived from a single unit of approval from different years of ripening, the actual years of ripening and proportion of FRM from each year shall be recorded.~~deleted

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2

In the case of mixing in accordance with the first subparagraph, points (ai), (bii) or (ciii), the identity code for the region of provenance may be substituted for the register reference as in paragraph 1, point (f). The resulting lot must be mixed in such a way that it is homogeneous.

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 16 – paragraph 1

1. A~~n official~~ supplier label shall be issued by the ~~competent authority for every lot of FRM attesting compliance of that FRM with the requirements referred to in~~responsible natural person of the professional operator for every lot of FRM attesting that FRM is deriving from a lot (according to Articles 5 and 15).

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 16 – paragraph 2

2. 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 print that label, if, on the basis of an audit, the competent authority has concluded that the operator possesses the infrastructure and resources to print the official label.deleted

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 16 – paragraph 4 – point b

(b) names of the supplying professional operator (including address and registration number of professional operator) and of the recipient (including address);

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 16 – paragraph 4 a (new)

4a. The information provided must be kept permanently and forgery-proof. To this end, the information on the label must be included in full in the invoice. The invoice must be kept for at least 10 years. The period begins at the end of the year in which the documents to be retained were created or incurred. Revisions-proof documentation of all FRM goods processes as well as the filling of all other documents that are necessary for the competent authority to check compliance with the provisions of this regulation.

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 18

Article 18 Derogation from the obligation to be approved for basic material intended for the purpose of conserving forest genetic resources 1. 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. 2. 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. 3. Basic material referred to in paragraph 1 shall be notified to the competent authorities in accordance with the format of FOREMATIS. The notification of the basic material shall be carried out with reference to the unit of notification. Each unit of notification shall be identified by a unique register reference in a national register. That notification shall contain the following information: (a) botanical name; (b) category; (c) basic material; (d) register reference or, where appropriate, summary thereof, or identity code for region of provenance; (e) location: a short name, if appropriate, and the region of provenance and the latitudinal, longitudinal and altitudinal range; (f) area: the size of a seed source(s) or stand(s); (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; (h) purpose: conservation and sustainable use of genetic resources. 4. 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).deleted

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 28 – paragraph 1 – point a

(a) quantities of ~~certified FRM per year~~FRM where a master certificate was issued;

2023/12/21
Committee: AGRI

Proposal for a regulation
Article 31

Regulation (EU) 2017/625
Article 1(2)

~~[...] [...] [...] [...]~~ d e l e t e d

2023/12/21
Committee: AGRI

Proposal for a regulation
Annex II – Part B – point 3 – point b – paragraph 1 – introductory part

The ~~professional operator~~competent authority shall determine either by historical evidence (bibliography, documentation kept by competent authorities, research institutes or any other organisations) or by other appropriate means (provenance trials), including internationally recognised bio-molecular techniques, whether the origin of the basic material is:

2023/12/21
Committee: AGRI

Proposal for a regulation
Annex II – Part B – point 3 – point b – paragraph 3

~~The competent authority shall verify the information provided by the professional operator.~~deleted

2023/12/21
Committee: AGRI

Proposal for a regulation
Annex III – Part B – point 2

2. Isolation: Stands shall be situated at a sufficient distance from stands of poor quality of the same or related species or from stands of a related species which can form hybrids with the species in question. Particular attention shall be paid to this requirement when the stands surrounding autochthonous/indigenous stands are non- autochthonous/non-indigenous or of unknown origin.

2023/12/21
Committee: AGRI

Proposal for a regulation
Annex IV – point 1 – point b

(b) The ~~professional operator shall select~~ component clones or families shall be selected for their outstanding characteristics and ~~shall give due weight~~due weight shall be given to the requirements set out in points 4 and 6 to 9 of Section B of Annex III, taking into account the specific purpose for which the resulting FRM will be used.

2023/12/21
Committee: AGRI

Proposal for a regulation
Annex IV – point 1 – point e

(e) The ~~professional operator~~seed orchards shall be managed and seed ~~orchards and~~shall be harvest seed in such a way that the objectives of the orchards are attained. In the case of a seed orchard intended for the production of an artificial hybrid, the percentage of hybrids in the FRM shall be determined by a verification test.

2023/12/21
Committee: AGRI

Proposal for a regulation
Annex IV – point 2 – point a

(a) The p~~rofessional operator~~arents shall be select ~~parents~~ed for their outstanding characteristics or for their combining ability. In the case of a selection based on outstanding characteristics, due weight shall be given to the requirements set out in points 4 and 6 to 9 of Section B of Annex III, taking into account the specific purpose for which the resulting FRM will be used.

2023/12/21
Committee: AGRI

Proposal for a regulation
Annex V – point 1 – point a – paragraph 2

The ~~professional operators shall prepare, lay out and conduct~~ tests set up for the approval of the basic material~~. They~~ shall ~~interpret t~~be prepared, laid out and conducted. The results of those tests shall be interpreted in accordance with the internationally recognised procedures. For comparative tests, the ~~professional operator~~FRM shall be compare ~~the FRM~~d under test with one or preferably several approved or pre-chosen standards as described in point 3(b).

2023/12/21
Committee: AGRI

Proposal for a regulation
Annex V – point 1 – point b – point i

(i) The ~~professional operator shall~~tests will be design ~~tests~~ed to assess the relevant characteristics specified in point (ii) and ~~shall indicate these~~ for each test in the test records these shall be indicated.

2023/12/21
Committee: AGRI

Proposal for a regulation
Annex V – point 1 – point c – paragraph 1

~~The professional operator~~Records shall be keep ~~records~~ describing the test sites, including the location, climate, soil, past use, establishment, management and any damage due to abiotic/biotic factors. ~~He shall make those records~~Those records shall be made available to the competent authority upon request. The competent authority shall record the age of the basic material and the FRM and the results at the time of the evaluation.

2023/12/21
Committee: AGRI

Proposal for a regulation
Annex V – point 1 – point d – point i

(i) ~~The professional operator~~Each sample of FRM shall be raised, planted and manage ~~each sample of FRM~~d in an identical way as far as the types of plant material permit.

2023/12/21
Committee: AGRI

Proposal for a regulation
Annex V – point 1 – point d – point ii

(ii) ~~The professional operator~~Each experiment shall be establish ~~each experiment~~ed in a valid statistical design with a sufficient number of trees, in order that the individual characteristics of each component under examination can be evaluated.

2023/12/21
Committee: AGRI

Proposal for a regulation
Annex V – point 1 – point e – point i

(i) The ~~professional operator~~data from experiments shall be analyse ~~the data from experiments~~d using internationally recognised statistical methods and ~~shall present the~~ results for each characteristic examined shall be presented.

2023/12/21
Committee: AGRI

Proposal for a regulation
Annex V – point 2 – point d – point i

(i) The estimated superiority of the FRM shall be calculated against a reference population for a characteristic or set of characteristics. ~~The professional operator shall define the reference population in the breeding program and describe this reference population in the test reports.~~

2023/12/21
Committee: AGRI

Proposal for a regulation
Annex V – point 3 – point c – point ii

(ii) ~~The professional operator~~It shall be reported if there are any characteristics of economic or environmental importance which show significantly inferior results to the standards, and their effects shall be compensated for by favourable characteristics.

2023/12/21
Committee: AGRI