54 Amendments of Daniel BUDA related to 2023/0228(COD)
Amendment 23 #
Proposal for a regulation
Recital 2
Recital 2
Amendment 23 #
Proposal for a regulation
Recital 2
Recital 2
Amendment 25 #
Proposal for a regulation
Recital 8
Recital 8
(8) The EU Biodiversity Strategy for 2030 aims to put Union biodiversity on the path to recovery by 2030. Within the framework of that strategy, Union legislation is to place emphasis on the preservation of species diversity and ensure highgreater genetic diversity within species and seed lots. This aims to facilitate the supply of high-quality and genetically diverseified FRM that is adapted to current and projected future climatic conditions. The conservation and improvement of biodiversity of forests, including the genetic diversity of the trees, are essential to sustainable forest management and for supporting forests’ adaptation to climate change. Tree species and artificial hybrids under this Regulation should be genetically suited to the local and regional conditions and be of high quality.
Amendment 25 #
Proposal for a regulation
Recital 8
Recital 8
(8) The EU Biodiversity Strategy for 2030 aims to put Union biodiversity on the path to recovery by 2030. Within the framework of that strategy, Union legislation is to place emphasis on the preservation of species diversity and ensure highgreater genetic diversity within species and seed lots. This aims to facilitate the supply of high-quality and genetically diverseified FRM that is adapted to current and projected future climatic conditions. The conservation and improvement of biodiversity of forests, including the genetic diversity of the trees, are essential to sustainable forest management and for supporting forests’ adaptation to climate change. Tree species and artificial hybrids under this Regulation should be genetically suited to the local and regional conditions and be of high quality.
Amendment 27 #
Proposal for a regulation
Recital 11
Recital 11
(11) FRM may be produced for use in afforestation/reforestation and other types of tree planting and for several different purposes such as wood and biomaterials production, biodiversity conservation, restoration of forest ecosystems, climate adaptation, climate mitigation, and conservation and sustainable use of forest genetic resources. This holistic approach demonstrates the importance of FRM for sustainable forest management strategies and the conservation of natural resources.
Amendment 27 #
Proposal for a regulation
Recital 11
Recital 11
(11) FRM may be produced for use in afforestation/reforestation and other types of tree planting and for several different purposes such as wood and biomaterials production, biodiversity conservation, restoration of forest ecosystems, climate adaptation, climate mitigation, and conservation and sustainable use of forest genetic resources. This holistic approach demonstrates the importance of FRM for sustainable forest management strategies and the conservation of natural resources.
Amendment 29 #
Proposal for a regulation
Recital 15
Recital 15
(15) The aim of this Regulation is to ensure the production and marketing of high-quality FRM on the internal market. To help create resilient forests and restore forest ecosystems, and to increase their sustainability, users should be informed prior to the purchase of FRM about the suitability of that FRM for the climatic and ecological conditions of the area where it will be used.
Amendment 29 #
Proposal for a regulation
Recital 15
Recital 15
(15) The aim of this Regulation is to ensure the production and marketing of high-quality FRM on the internal market. To help create resilient forests and restore forest ecosystems, and to increase their sustainability, users should be informed prior to the purchase of FRM about the suitability of that FRM for the climatic and ecological conditions of the area where it will be used.
Amendment 33 #
Proposal for a regulation
Recital 21
Recital 21
(21) The certification rules should be clarified in the case of FRM that has been produced through innovative production processes and in particular FRM production techniques for the production of a specific type of FRM, namely clones. As the place of production of those clones may be different from the location of the original tree (i.e. basic material) from which the clone(s) has been derived, the rules should be amended and updated to guarantee traceability.
Amendment 33 #
Proposal for a regulation
Recital 21
Recital 21
(21) The certification rules should be clarified in the case of FRM that has been produced through innovative production processes and in particular FRM production techniques for the production of a specific type of FRM, namely clones. As the place of production of those clones may be different from the location of the original tree (i.e. basic material) from which the clone(s) has been derived, the rules should be amended and updated to guarantee traceability.
Amendment 34 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) As technologies evolve, it is essential to adapt certification rules in order to keep pace with scientific progress and ensure accurate and proper certification of FRMs, including those produced by cloning.
Amendment 34 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) As technologies evolve, it is essential to adapt certification rules in order to keep pace with scientific progress and ensure accurate and proper certification of FRMs, including those produced by cloning.
Amendment 36 #
Proposal for a regulation
Recital 22
Recital 22
(22) The requirements for basic material intended for the purpose of conservation and sustainable use of forest genetic resources are different from those for basic material intended for the production of FRM for commercial purposes, because of the different selection criteria applied for these two types of basic material. For the purpose of conserving and sustainably using forest genetic resources, all trees from a stand of trees in the forest should be kept. This is necessary to help increase the genetic diversity within a single tree species. On the other hand, only trees with superior characteristics should be selected in the case of basic material intended for the production of FRM for commercial purposes. Member States should therefore be allowed to derogate from the applicable rules as regards the approval of basic material and notify in advance this basic material intended for the purpose of conserving forest genetic resources to the competent authority.
Amendment 36 #
Proposal for a regulation
Recital 22
Recital 22
(22) The requirements for basic material intended for the purpose of conservation and sustainable use of forest genetic resources are different from those for basic material intended for the production of FRM for commercial purposes, because of the different selection criteria applied for these two types of basic material. For the purpose of conserving and sustainably using forest genetic resources, all trees from a stand of trees in the forest should be kept. This is necessary to help increase the genetic diversity within a single tree species. On the other hand, only trees with superior characteristics should be selected in the case of basic material intended for the production of FRM for commercial purposes. Member States should therefore be allowed to derogate from the applicable rules as regards the approval of basic material and notify in advance this basic material intended for the purpose of conserving forest genetic resources to the competent authority.
Amendment 41 #
Proposal for a regulation
Recital 29
Recital 29
(29) Genetically modified FRM may only be placed on the market if it is safe for human health and, for animal health and for the environment and has been authorised for cultivation pursuant to Directive 2001/18/EC of the European Parliament and of the Council27 or Regulation (EC) 1829/200328 and if that FRM belongs to the tested category. FRM obtained by certain new genomic techniques may only be placed on the market if it complies with the requirements of Regulation (EU) [Publications Office, please insert reference to Regulation (EU) of the European Parliament and of the Council on plants obtained by certain new genomic techniques and their food and feed29 and if that FRM belongs to the tested category. _________________ 27 Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ L 106, 17.4.2001, p. 1). 28 Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (OJ L 268, 18.10.2003, p. 1). 29 Regulation (EU) …/… of the European Parliament and of the Council …. (OJ …, p.).
Amendment 41 #
Proposal for a regulation
Recital 29
Recital 29
(29) Genetically modified FRM may only be placed on the market if it is safe for human health and, for animal health and for the environment and has been authorised for cultivation pursuant to Directive 2001/18/EC of the European Parliament and of the Council27 or Regulation (EC) 1829/200328 and if that FRM belongs to the tested category. FRM obtained by certain new genomic techniques may only be placed on the market if it complies with the requirements of Regulation (EU) [Publications Office, please insert reference to Regulation (EU) of the European Parliament and of the Council on plants obtained by certain new genomic techniques and their food and feed29 and if that FRM belongs to the tested category. _________________ 27 Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ L 106, 17.4.2001, p. 1). 28 Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (OJ L 268, 18.10.2003, p. 1). 29 Regulation (EU) …/… of the European Parliament and of the Council …. (OJ …, p.).
Amendment 47 #
Proposal for a regulation
Recital 34
Recital 34
(34) Prior to the purchase of FRM, professional operators should make available to the potential buyers of their FRM all the necessary information concerning its quality and its suitability for the respective climatic and ecological conditions, in order to allow them to select the most appropriate FRM for their region.
Amendment 47 #
Proposal for a regulation
Recital 34
Recital 34
(34) Prior to the purchase of FRM, professional operators should make available to the potential buyers of their FRM all the necessary information concerning its quality and its suitability for the respective climatic and ecological conditions, in order to allow them to select the most appropriate FRM for their region.
Amendment 49 #
Proposal for a regulation
Recital 38
Recital 38
(38) Each Member State should assess whether to draw up and keep up to date a contingency plan to ensure a sufficient supply of FRM, to reforest areas affected by extreme weather events, wildfires, disease and pest outbreaks, disasters or any other event. Rules should be set out concerning the content of that plan, in order to ensure prompt proactive and effective action against such risks, if they emerge. Member States should be allowed to adapt the content of that plan to the specific climatic and ecological conditions in their territories. This requirement also reflects the general preparedness actions that Member States should take on a voluntary basis under the Union Civil Protection Mechanism31. Where a Member State chooses to draw up and subsequently update such a contingency plan, the European Union shall, at the request of the Member State concerned, support through technical and financial assistance the drawing-up of the plan and, where applicable, its updating. _________________ 31 Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).
Amendment 49 #
Proposal for a regulation
Recital 38
Recital 38
(38) Each Member State should assess whether to draw up and keep up to date a contingency plan to ensure a sufficient supply of FRM, to reforest areas affected by extreme weather events, wildfires, disease and pest outbreaks, disasters or any other event. Rules should be set out concerning the content of that plan, in order to ensure prompt proactive and effective action against such risks, if they emerge. Member States should be allowed to adapt the content of that plan to the specific climatic and ecological conditions in their territories. This requirement also reflects the general preparedness actions that Member States should take on a voluntary basis under the Union Civil Protection Mechanism31. Where a Member State chooses to draw up and subsequently update such a contingency plan, the European Union shall, at the request of the Member State concerned, support through technical and financial assistance the drawing-up of the plan and, where applicable, its updating. _________________ 31 Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).
Amendment 51 #
Proposal for a regulation
Recital 43
Recital 43
(43) FRM should only be imported from third countries, if it is established that it fulfils requirements equivalent to those applicable to FRM produced and marketed in the Union. This is necessary in order to ensure that such imported FRM affords the same level of quality as the FRM produced in the Union. This approach will ensure that FRM imports not only meet EU standards but also that they contribute to plant genetic diversity and sustainability.
Amendment 51 #
Proposal for a regulation
Recital 43
Recital 43
(43) FRM should only be imported from third countries, if it is established that it fulfils requirements equivalent to those applicable to FRM produced and marketed in the Union. This is necessary in order to ensure that such imported FRM affords the same level of quality as the FRM produced in the Union. This approach will ensure that FRM imports not only meet EU standards but also that they contribute to plant genetic diversity and sustainability.
Amendment 52 #
Proposal for a regulation
Recital 45
Recital 45
(45) In order to monitor the impact of this Regulation and to allow the Commission to assess the measures introduced, Member States should report every 5 years about the annual quantities of certified FRM, the adopted national contingency plans, where applicable, the information available to users on where to best plant FRM through websites and/or planters’ guides, the quantities of imported FRM and the penalties imposed.
Amendment 52 #
Proposal for a regulation
Recital 45
Recital 45
(45) In order to monitor the impact of this Regulation and to allow the Commission to assess the measures introduced, Member States should report every 5 years about the annual quantities of certified FRM, the adopted national contingency plans, where applicable, the information available to users on where to best plant FRM through websites and/or planters’ guides, the quantities of imported FRM and the penalties imposed.
Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 1
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, professional operators, the registration of basic material and the national, official checks and contingency plans.
Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 1
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, professional operators, the registration of basic material and the national, official checks and contingency plans.
Amendment 61 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
a) ensure the production and marketing of high-quality FRM in the Union and the correct and unimpeded functioning of the internal market in FRM;
Amendment 61 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
a) ensure the production and marketing of high-quality FRM in the Union and the correct and unimpeded functioning of the internal market in FRM;
Amendment 117 #
Proposal for a regulation
Article 3 – paragraph 1 – point 30
Article 3 – paragraph 1 – point 30
(30) ‘marketing’ means the following commercial actions conducted by a professional operator: sale, holding or offering for the purpose of sale or any other way of transferring, distribution within, or import into the Union, whether free of charge or not, of FRM;
Amendment 117 #
Proposal for a regulation
Article 3 – paragraph 1 – point 30
Article 3 – paragraph 1 – point 30
(30) ‘marketing’ means the following commercial actions conducted by a professional operator: sale, holding or offering for the purpose of sale or any other way of transferring, distribution within, or import into the Union, whether free of charge or not, of FRM;
Amendment 119 #
Proposal for a regulation
Article 3 – paragraph 1 – point 31 – introductory part
Article 3 – paragraph 1 – point 31 – introductory part
(31) ‘professional operator’ means any natural or legal person involved professionally, with the authorisation of the competent authorities, in one or more of the following activities:
Amendment 119 #
Proposal for a regulation
Article 3 – paragraph 1 – point 31 – introductory part
Article 3 – paragraph 1 – point 31 – introductory part
(31) ‘professional operator’ means any natural or legal person involved professionally, with the authorisation of the competent authorities, in one or more of the following activities:
Amendment 168 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Each Member State shall assess whether to draw up one or more contingency plan to ensure a sufficient supply of FRM to reforest areas affected by extreme weather events, wildfires, disease and pest outbreaks, disasters or any other event, as relevant and identified in the national risk assessments develop in accordance with Article 6(1) of Decision No 1313/2013/EU39. The European Union shall, at the request of the Member State opting to draw up an emergency plan, make available to it financial and technical support for the drawing-up and implementation of the emergency plan. _________________ 39 OJ L 347, 12.4.2022, p. 924.
Amendment 168 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Each Member State shall assess whether to draw up one or more contingency plan to ensure a sufficient supply of FRM to reforest areas affected by extreme weather events, wildfires, disease and pest outbreaks, disasters or any other event, as relevant and identified in the national risk assessments develop in accordance with Article 6(1) of Decision No 1313/2013/EU39. The European Union shall, at the request of the Member State opting to draw up an emergency plan, make available to it financial and technical support for the drawing-up and implementation of the emergency plan. _________________ 39 OJ L 347, 12.4.2022, p. 924.
Amendment 170 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 3 a (new)
Article 9 – paragraph 1 – subparagraph 3 a (new)
National emergency plans shall take into account the potential emergence of affected areas beyond national borders and the Member State concerned shall work with other Member States to ensure a sufficient preventive supply of FRMs for cross-border affected areas.
Amendment 170 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 3 a (new)
Article 9 – paragraph 1 – subparagraph 3 a (new)
National emergency plans shall take into account the potential emergence of affected areas beyond national borders and the Member State concerned shall work with other Member States to ensure a sufficient preventive supply of FRMs for cross-border affected areas.
Amendment 174 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
They shall be established in the Union and authorised by the competent authority.
Amendment 174 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
They shall be established in the Union and authorised by the competent authority.
Amendment 253 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Seed units may only be marketed in sealed packages with that become unserviceable once the package is opened. Making it a condition that the packaging become unserviceable once opened ensures that users are aware of any tampering with the seeds and encourages them to use the entire content properly, thereby avoiding the seeds being stored incorrectly or used when they are likely to have spoiled.
Amendment 253 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Seed units may only be marketed in sealed packages with that become unserviceable once the package is opened. Making it a condition that the packaging become unserviceable once opened ensures that users are aware of any tampering with the seeds and encourages them to use the entire content properly, thereby avoiding the seeds being stored incorrectly or used when they are likely to have spoiled.
Amendment 273 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. 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, and in accordance with the rules on transfer between regions of origin. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).
Amendment 273 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. 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, and in accordance with the rules on transfer between regions of origin. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).
Amendment 278 #
Proposal for a regulation
Article 23 – paragraph 4 a (new)
Article 23 – paragraph 4 a (new)
4a. At the request of a Member State, the Commission may, as regards the requirements for the approval of basic material and the production of FRM, adopt restrictions on the use and transfer of FRM, in accordance with the rules on transfer between regions of origin and targeting different regions within the territory of two or more Member States.
Amendment 278 #
Proposal for a regulation
Article 23 – paragraph 4 a (new)
Article 23 – paragraph 4 a (new)
4a. At the request of a Member State, the Commission may, as regards the requirements for the approval of basic material and the production of FRM, adopt restrictions on the use and transfer of FRM, in accordance with the rules on transfer between regions of origin and targeting different regions within the territory of two or more Member States.
Amendment 279 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. 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.
Amendment 279 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. 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.
Amendment 281 #
Proposal for a regulation
Article 25 – paragraph 2 – point c – point 1 (new)
Article 25 – paragraph 2 – point c – point 1 (new)
1) consent of the competent authority approving the import.
Amendment 281 #
Proposal for a regulation
Article 25 – paragraph 2 – point c – point 1 (new)
Article 25 – paragraph 2 – point c – point 1 (new)
1) consent of the competent authority approving the import.
Amendment 282 #
Proposal for a regulation
Article 25 – paragraph 2 – point c a (new)
Article 25 – paragraph 2 – point c a (new)
(ca) a new master certificate issued by the competent authority of the Member State of importation, which shall replace the master certificate or official certificate referred to in paragraph (2)(a) following the importation, or a certificate attesting to the existence of this new certificate;
Amendment 282 #
Proposal for a regulation
Article 25 – paragraph 2 – point c a (new)
Article 25 – paragraph 2 – point c a (new)
(ca) a new master certificate issued by the competent authority of the Member State of importation, which shall replace the master certificate or official certificate referred to in paragraph (2)(a) following the importation, or a certificate attesting to the existence of this new certificate;
Amendment 283 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. 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.
Amendment 283 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. 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.
Amendment 285 #
Proposal for a regulation
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
(b) number of adopted national contingency plans decided upon by Member States to prepare for FRM supply difficulties and the time and resources needed to activate those contingency plans;
Amendment 285 #
Proposal for a regulation
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
(b) number of adopted national contingency plans decided upon by Member States to prepare for FRM supply difficulties and the time and resources needed to activate those contingency plans;