61 Amendments of Sarah WIENER related to 2023/0228(COD)
Amendment 82 #
Proposal for a regulation
Article 2 – paragraph 4 – point c a (new)
Article 2 – paragraph 4 – point c a (new)
(c a) FRM sold or transferred in any way, whether free of charge or not, between final users for their own private use and outside their commercial activities.
Amendment 83 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – introductory part
Article 3 – paragraph 1 – point 1 – introductory part
(1) ‘forest reproductive material’ (‘FRM’) means cones, infructescenses, fruits, parts of plants, saplings, seedlings and seeds intended for the production of a 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, in the context of land management in forest, for any of the following purposes:
Amendment 90 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1 a) "high quality FRM", means Forest Reproductive Material to ensure high genetic diversity within species and seed lots adapted to current and projected future climatic conditions.
Amendment 91 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘afforestation’ means establishment of forest through planting and/or deliberate seeding of regional adapted tree species on land that, until then, was under a different land use implies a transformation of land use form non-forest to forest36 ; _________________ 36 FAO (2020) Global Forest Resources Assessment Terms and definitions. https://www.fao.org/3/I8661EN/i8661en.p df.
Amendment 93 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘stand’ means a delineated population of trees of an ecological unit which is well adapted to regional biotic and abiotic conditions and which may possessing sufficient uniformity in composition if relevant;
Amendment 98 #
Proposal for a regulation
Article 3 – paragraph 1 – point 30
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, or import into the Union, whether free of charge or not, ofaimed at the commercial exploitation of the FRM ;
Amendment 99 #
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 in one or more of the following activities aimed at the commercial exploitation of the FRM :
Amendment 103 #
Proposal for a regulation
Article 3 – paragraph 1 – point 47
Article 3 – paragraph 1 – point 47
(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.
Amendment 107 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 7
Article 4 – paragraph 2 – subparagraph 7
The approval of the basic material shall be carried out with a reference to the forest unit of approval.
Amendment 108 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 8 – introductory part
Article 4 – paragraph 2 – subparagraph 8 – introductory part
The Commission is empowered to adopt delegated acts in accordance with Article 26 asupplemendting Annexes II, III, IV and V, as regards requirements for the approval of basic material intended for the production of:
Amendment 109 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 8 – point e
Article 4 – paragraph 2 – subparagraph 8 – point e
Amendment 110 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 111 #
Proposal for a regulation
Article 5 – paragraph -1 (new)
Article 5 – paragraph -1 (new)
-1. FRM in the scope of this legislation may only be produced and placed on the market by a notified and approved operator.
Amendment 118 #
Proposal for a regulation
Article 5 – paragraph 1 – point e – point iii a (new)
Article 5 – paragraph 1 – point e – point iii a (new)
(iii a) information is available as regards: (a) purity; (b) germination percentage of the pure seed; (c) weight of 1000 pure seeds;
Amendment 119 #
Proposal for a regulation
Article 5 – paragraph 1 – point e – point iii b (new)
Article 5 – paragraph 1 – point e – point iii b (new)
(iii b) the material is approved by the Competent Authority
Amendment 120 #
Proposal for a regulation
Article 5 – paragraph 1 – point e – point iii c (new)
Article 5 – paragraph 1 – point e – point iii c (new)
(iii c) it is labelled as NGT
Amendment 124 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) FRM shall be of origin which is naturally adapted to the local and regional conditions, or adapted to the goal of assisted migration when relevant; and
Amendment 126 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) FRM shall be collected from all sufficient number of individuals of the notified basic material, taking into account the biology of the species and natural conditions.
Amendment 127 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(c a) For species where vegetative propagation is generally used for the purpose of conservation of forest genetic resources, a mixture of a sufficiently varied array of clones in order to maintain genetic diversity shall be used
Amendment 128 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
The Commission shall, by means of an implementing act, define the sufficient number of individuals in paragraph (1) points (c) and (ca).
Amendment 129 #
Proposal for a regulation
Article 7
Article 7
Amendment 131 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 – point h
Article 9 – paragraph 3 – subparagraph 1 – point h
(h) principles concerning the training of personnel of the competent authorities and, where available and appropriate, the bodies, public authorities, laboratories, professional operators and other persons referred to in point (a).
Amendment 133 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Member States shall establish a national register as set out in Article 12 that:
Amendment 136 #
Proposal for a regulation
Article -10 (new)
Article -10 (new)
Article-10 Certification of FRM by the Member States Member States shall certify FRM and may, upon application, grant permission to a professional operator, to perform certain activities required for certification of FRM. The Commission shall, by means of an implementing act, define the minimum requirements for such permissions.
Amendment 137 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
They shall be established in the UnionMember State concerned .
Amendment 138 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Professional operators shall make available to the users of their FRMCompetent Authority all necessary information concerning its suitability for current and projected future climatic and ecological conditions. That information shall, prior to the transfer of their FRM concerned, be provided to the potential purchaser through websites, planters’ guides and other appropriate means.
Amendment 140 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. The Competent Authority may a) approve the information as sufficient or b) request further information from the professional operator. After approval by the Competent Authority, the professional operator shall provide that information prior to the transfer of the FRM concerned, to the potential purchaser through websites, planters’ guides and other appropriate means. The professional operator shall record all necessary information
Amendment 141 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article10a Obligations of the professional operator during harvesting of FRM 1. Professional operators shall follow minimum requirements when harvesting FRM concerning a) the minimum size of the area to be harvested, which shall be defined for each tree species and artificial hybrids and b) the minimum number of harvested trees, which shall be defined for each tree species and artificial hybrids. 2. Member States may lay down more stringent national requirements. The Commission shall, by means of an implementing act, define the minimum requirements for harvesting in paragraph 1). 3. 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.
Amendment 150 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 – point j
Article 12 – paragraph 3 – subparagraph 2 – point j
(j) (j) in the case of qualified and tested categories, information about the place ofharvest area used for the production of clone(s) or clonal mixture(s), where appropriate.
Amendment 151 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 – point j a (new)
Article 12 – paragraph 3 – subparagraph 2 – point j a (new)
(j a) if applicable, the intellectual property rights existing on the FRM.
Amendment 154 #
Proposal for a regulation
Article 13 – paragraph 2
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.
Amendment 155 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 a (new)
Article 14 – paragraph 1 – subparagraph 1 a (new)
The professional operator shall notify to the Competent Authority the intended harvest at least three business days before the harvest takes place.
Amendment 156 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 b (new)
Article 14 – paragraph 1 – subparagraph 1 b (new)
For the harvest of the FRM the professional operator shall provide the following information to the Competent Authority: 1) the place and time of the harvest; 2) name and address of the owner who shall supervise the harvest; 3) if relevant, collection point.
Amendment 157 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 a (new)
Article 14 – paragraph 1 – subparagraph 2 a (new)
Each Member State shall establish and update a national list of issued master certificates and make this list available to the European Commission and national competent authorities of all other Member States. The European Commission shall provide a database into which the Member States can enter their national data.
Amendment 158 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1 a (new)
Article 14 – paragraph 5 – subparagraph 1 a (new)
When the master certificate is delivered in an electronic form, the professional operator shall make the master certificate available to the potential buyers, before purchasing the FRM.
Amendment 159 #
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5 a. The master certificate shall be subject to a traceability period of at least 10 years.
Amendment 160 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2 – point i
Article 15 – paragraph 1 – subparagraph 2 – point i
(i) in the case of seed units, the year of ripening and furthermore, information in accordance with Article 5(1)(h) ;
Amendment 164 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2 – point k – point ii a (new)
Article 15 – paragraph 1 – subparagraph 2 – point k – point ii a (new)
(ii a) if applicable, the intellectual property rights existing on the FRM
Amendment 166 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. The Commission shall, by means of an implementing act, adopt the provisions for paragraph (1) and specify the conditions in paragraph (3) per tree species and artificial hybrids of Annex I.
Amendment 168 #
Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point c
Article 16 – paragraph 5 – subparagraph 1 – point c
Amendment 169 #
Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point d a (new)
Article 16 – paragraph 5 – subparagraph 1 – point d a (new)
(d a) indication as to whether the material is product of genetic modification under Directive 2001/18/EC or from NGTs [insert name of the NGT regulation here ..]
Amendment 170 #
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
To prevent spoiling or putrefaction of the FRM, the packaging of the sealed package may be adapted to the needs of the respective FRM.
Amendment 172 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
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 shallmay not be subject to approval by the competent authorities.
Amendment 173 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. AnyIn the case where the Competent Authority has issued an authorisation under paragraph (1), the 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 at least three business days before the harvest takes place.
Amendment 175 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. For the harvest of the FRM the professional operator shall provide the following information to the Competent Authority: 1) the place and time of the harvest ; 2) name and address of the owner who shall supervise the harvest ; 3) if relevant, collection point.
Amendment 176 #
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
The professional operator shall fulfil the relevant requirements under Article 10, Article 10a and Articles 14 to 17.
Amendment 177 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
That authorisation shall be subject to approval by the Commissionpetent Authority of the Member State.
Amendment 178 #
Proposal for a regulation
Article 20
Article 20
Amendment 179 #
Proposal for a regulation
Article 22
Article 22
Amendment 180 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22a Prohibition of specified reproductive material by Member States 1. Upon its application, a Member State may be authorised to prohibit the marketing to the end user with a view to seeding or planting in all or part of its territory of specified Forest reproductive material. 2. Such authorisation shall be granted only where there is reason to believe: (a) that the use of the said reproductive material would, on account of its phenotypic or genetic characteristics, have an adverse effect on forestry, environment, genetic resources or biodiversity in all or part of that Member State on the basis of: — evidence relating to the region of provenance or the origin of the material or, — results of trials or scientific research carried out in appropriate locations, either within or outside the Community. (b) on the basis of known results of trials, scientific research, or the results obtained from forestry practice concerning survival and development of planting stock in relation to morphological and physiological characteristics that the use of the said reproductive material would, on account of its characteristics have an adverse effect on forestry, environment, genetic resources or biodiversity in all or part of that Member State. 3. Detailed rules for the application of paragraph 2 shall be drawn up in accordance with the procedure referred to in Article 27(3).
Amendment 181 #
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, mayshall 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. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).
Amendment 184 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. 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, 6 and, where applicable, Article 11, for the ‘source identified’, ‘selected’, ‘qualified’ and ‘tested’ categories.
Amendment 190 #
Proposal for a regulation
Annex III – Part B – point 6 – point b
Annex III – Part B – point 6 – point b
(b) The trees shall be practically free from quality pests and their symptoms and show resistance to adverse siteclimatic and site-specific conditions in the place where they are growing.
Amendment 191 #
Proposal for a regulation
Annex III – Part B – point 6 a (new)
Annex III – Part B – point 6 a (new)
6 a. Adaptation: Adaptation to the ecological conditions prevailing in the Region of Provenance shall be evident.
Amendment 192 #
Proposal for a regulation
Annex III – Part B – point 8
Annex III – Part B – point 8
8. Wood qualform and growth habity: The quality of the wood shall be taken into account. The quality of the wood is an essential criterion, if the FRM will be used in the forestry industry for the purpose of producing timber, furniture or pulp. In that case the competent authority shall give more weight to this, and if relevant, the form or growth habit of the wood may be an essential criterion.
Amendment 193 #
Proposal for a regulation
Annex III – Part B – point 9
Annex III – Part B – point 9
9. Form or growth habit: Trees in stands shall show particularly good morphological features, especiallyif relevant for commercial use, taking into account straightness and circularity of stem, favourable branching habit, small size of branches and good natural pruning. In addition, the proportion of forked trees and those showing spiral grain shall be low.
Amendment 194 #
Proposal for a regulation
Annex III – Part B – point 9 a (new)
Annex III – Part B – point 9 a (new)
9 a. Diversity: emphasis on the preservation of species diversity adopted to the particular region shall be given.
Amendment 195 #
Proposal for a regulation
Annex IV – point 1 – point b
Annex IV – point 1 – point b
(b) The professional operator shall select a sufficient number of component clones or families for their outstanding characteristics and shall give due weight 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.
Amendment 196 #
Proposal for a regulation
Annex V – point 1 – point a a (new)
Annex V – point 1 – point a a (new)
(a a) A minimum number of test areas of a minimum size per tree species listed in Annex I shall be fulfilled.
Amendment 197 #
Proposal for a regulation
Annex V – point 1 – point c – paragraph 1
Annex V – point 1 – point c – paragraph 1
The professional operator shall keep records describing the test sites, including the location, climate, soil, past use, establishment, management and any damage due to abiotic/biotic factors. HeThey shall make those records 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.
Amendment 198 #
Proposal for a regulation
Annex VI – subheading 1
Annex VI – subheading 1