15 Amendments of Mathilde ANDROUËT related to 2023/0228(COD)
Amendment 39 #
Proposal for a regulation
Recital 3
Recital 3
(3) In the light of new technical and scientific developments, the update of the Rules and Regulations of the Organisation for Economic Co-operation and Development (OECD) Scheme for the Certification of Forest Reproductive Material Moving in International Trade21 (‘OECD Forest Seed and Plant Scheme’), the new policy priorities of the Union in relation to sustainability, climate change adaptation and biodiversity and in particular the European Green Deal22, as well as the experience gained during the implementation of Directive 1999/105/EC, that Directive should be replaced by a new act. In order to ensure uniform application of the new rules throughout the Union, the act should take the form of a Regulation. _________________ 21 Decision of the Council Establishing the OECD Scheme for the Certification of Forest Reproductive Material Moving in International Trade [OECD/LEGAL/0355]. 22 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions - The European Green Deal (COM/(2019/)640 final).
Amendment 42 #
Proposal for a regulation
Recital 6
Recital 6
(6) Regulation (EU) 2021/1119 requires relevant Union institutions and Member States to ensure continuous progress in enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change. One of the aims of the new EU Strategy on Adaptation to Climate Change is therefore to accelerate the adaptative capacity of the Union to climate change, by amending the rules on FRM, amongst others. The Union legislation should encourage the Union wide production and marketing of FRM. To this end, the possibility for Member States to restrict the approval of certain basic material and to prohibit the marketing of certain FRM to final users, as it it set out in Directive 1999/105/EC, should be abolished, while guaranteeing buyers considerable freedom of choice and giving them the opportunity to experiment with new seeds.
Amendment 45 #
Proposal for a regulation
Recital 7
Recital 7
(7) The new EU Forest Strategy for 2030 has as its key objectives effective afforestation, and forest preservation and restorconservation in the Union, to help increase the absorption of CO2, reduce the incidence and extent of forest fires, and promote the bio-economy, in full respect of ecological principles favourable to biodiversity. Ensuring forest restorconservation and reinforced sustainable forest management are essential for climate adaptation and forest resilience. In this regard, the new EU Forest Strategy states that adapting forests to climate change and restoring forests following climate damages will require large quantities of appropriate FRM. This implies efforts to secure and sustainably use the forest genetic resources on which a more climate- proof forestry depends. Efforts are also needed to increase the production and availability of such FRM, to provide better information on its suitability for climatic and ecological conditions and to enhance its collaborative production and transfer across national borders within the Union. Professional operators should thus be required to provide beforehand information to the users about the suitability of FRM for climatic and ecological conditions.
Amendment 47 #
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure a sufficient supply of FRM in response to the increased demand for FRM, it is necessary to remove any actual or potential barriers to trade, which may hinder the free movement of FRM within the Union. This aim can be achieved only if the respective Union rules on FRM impose the highest possible standards in relation to the quality required.
Amendment 48 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The opinion of the Enlarged Board of Appeal of the European Patent Office of 14 May 2020, which follows the adoption by the European Parliament of Resolution 2019/2800 (RSP) on the patentability of plants and essentially biological processes, excludes essentially biological processes from patentability. The national register and the national lists of basic material defined in Article 12 of this Regulation must take this into account.
Amendment 50 #
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. To help create resilient forests and restorconserve forest ecosystems, 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 52 #
Proposal for a regulation
Recital 20
Recital 20
(20) Only FRM that has been harvested from approved basic material should be allowed to be subsequently certified and placed on the market. FRM should be certified as ‘source- identified’, ‘selected’, ‘qualified’ and ‘tested’ by the competent authorities and be marketed with a reference to those categories. Those types of categories show which of the characteristics of the basic material have been assessed and they indicate the quality of the FRM. For lower quality FRM (‘source-identified’ and ‘selected’ categories), basic material will be checked for basic characteristics. For higher quality FRM (‘qualified’ and ‘tested’ categories), parent trees will be selected for outstanding characteristics and crossing schemes designed. In the case of FRM of the ‘qualified’ category, the superiority of the FRM estimated on the basis of the characteristics of the parent trees. In the case of the ‘'tested’' category, it is necessary to demonstrate the superiority of thate FRM must be demonstrated inas comparisoned with either the basic material from which that FRM has beenit was harvested or as compared with a reference population. The ‘FRM categories 'source-identified’', ‘'selected’', ‘'qualified’' and ‘'tested’ categories of FRM' should be subject to uniform production and marketing requirements, to ensure transparency, equal terms of in order to guarantee transparency, a level playing field for competition and the integrity of the internal market.
Amendment 53 #
Proposal for a regulation
Recital 24
Recital 24
(24) Pursuant to the OECD Forest Seed and Plant Scheme and following the application of Directive 1999/105/EC, the competent authority should assess basic material intended for the production of FRM of the selected category based on the observation of the characteristics of that basic material, taking account of the specific purpose for which the FRM harvested from that basic material is to be used. The overall quality of that category should be ensured. As the population should show a high degree of uniformity, trees that have inferior characteristics (e.g. smaller size) in comparison to the average tree size in the overall population should be removed.
Amendment 67 #
Proposal for a regulation
Recital 61
Recital 61
Amendment 94 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9 a (new)
Article 3 – paragraph 1 – point 9 a (new)
(9a) 'FRM' means the character of a species that defines its value. That value is determined by the use and sensory perception of buyers or users, by the products, fruits or quantities of the nutrients of the fruits of this species, by the rarity of the species in biodiversity, by the phenotype or genotype of the species according to characteristics specific to its consumption, or by the reproductive function of that species. High-quality seed is therefore seed whose quality varies from one species to another according to the above-mentioned criteria.
Amendment 113 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) FRM of the species listed in Annex I may only be marketcertified, if it is of the categories ‘source-identified’, ‘selected’, ‘qualified’ or ‘tested’, and it has been derived from basic material that has been approved pursuant to Article 4 and if that basic material meets the requirements of Annexes II, III, IV and V, respectively;
Amendment 121 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall recognise the right of professional operators to conserve and use seed from basic material and FRM.
Amendment 122 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
In order for FRM derived from basic material subject to the derogation of Article 18 to be marketcertified, all the following conditions shall be fulfilled:
Amendment 123 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) FRM of the species listed in Annex I may only be marketcertified, if it is of the ‘source-identified’ category;
Amendment 142 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Each Member State shall establish, publish and keep updated, in electronic format, a national register of the basic material of the various species approved on its territory pursuant to Articles 4 and 19 and notified pursuant to Article 18. This national register shall comply with the opinion of the Enlarged Board of Appeal of the European Patent Office of 14 May 2020, which confirmed the exclusion from patentability of essentially biological processes for the production of plants or animals.