BETA

Activities of Martin HÄUSLING related to 2023/0228(COD)

Shadow reports (1)

REPORT on the proposal for a regulation of the European Parliament and of the Council on the production and marketing of forest reproductive material, amending Regulations (EU) 2016/2031 and 2017/625 of the European Parliament and of the Council and repealing Council Directive 1999/105/EC (Regulation on forest reproductive material)
2024/03/21
Committee: AGRI
Dossiers: 2023/0228(COD)
Documents: PDF(319 KB) DOC(154 KB)
Authors: [{'name': 'Herbert DORFMANN', 'mepid': 96787}]

Amendments (80)

Amendment 22 #
Proposal for a regulation
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the production and marketing of forest reproductive material, amending Regulations (EU) 2016/2031 and 2017/625 of the European Parliament and of the Council and repealing Council Directive 1999/105/EC (Regulation on forest reproductive material) (Text with EEA relevance)
2023/12/21
Committee: AGRI
Amendment 26 #
Proposal for a regulation
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 high genetic quality and diversity within species and seed lots. This aims to facilitate the supply of high-quality and genetically diverse 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 conditions and be of high quality.
2023/12/21
Committee: AGRI
Amendment 28 #
Proposal for a regulation
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 thMember States should evaluate potential barriers to trade and, if the FRM corresponds with their high standards, provide free movement of FRM within the Unionto its territory. This aim can be achieved only if the respective Union rules on FRM impose the highest possible standards.
2023/12/21
Committee: AGRI
Amendment 30 #
Proposal for a regulation
Recital 17
(17) FRM should only be harvested from basic material that has been assessed and approvcertified by the competent authorities in order to ensure the highest possible quality of that FRM. ApprovCertified basic material should be registered in a national register with a unique register reference and with reference to a unit of approval.
2023/12/21
Committee: AGRI
Amendment 31 #
Proposal for a regulation
Recital 19
(19) A master certificate should be issued by the competent authorities of the respective Member States for all FRM that is derived (i.e. harvested) from approvcertified basic material by the Member States. Such master certificate ensures the identification of the FRM, contains information about its origin and provides the most appropriate details for its users and the competent authorities in charge of its official control. It should be allowed to issue the master certificate in an electronic form.
2023/12/21
Committee: AGRI
Amendment 32 #
Proposal for a regulation
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) which is adapted to regional biotic and abiotic conditions, 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, the superiority of that FRM must be demonstrated in comparison with either the basic material from which that FRM has been harvested or with a reference population. The ‘source-identified’, ‘selected’, ‘qualified’ and ‘tested’ categories of FRM should be subject to uniform production and marketing requirements, to ensure transparency, equal terms of competition and the integrity of the internal market.
2023/12/21
Committee: AGRI
Amendment 37 #
Proposal for a regulation
Recital 26
(26) Basic material that is intended for the production of FRM of the tested category should be subject to the most stringent possible requirements. Determining the superiority of FRM should be made by comparing it with one or preferably several approved or pre-chosen standards. The professional operator selects those standards on the basis of the purpose for which the FRM of the tested category will be used. In this regard, if the purpose of that FRM will be climate adaptation, then the FRM will be compared with standards having a good performance as regards adaptation to the local climatic and ecological conditions (e.g. practical freedom from pests and their symptoms). Following the selection of the components of basic material, the professional operator should demonstrate the superiority of the FRM by comparative testing or estimate its superiority by evaluating the genetic components of that basic material. The competent authority should be involved inauthorise each step of this process. ItThe competent authority should approve the experimental design and tests for the aprovalcertification of the basic material,. Furthermore, the competent authority should verify the records provided by the professional operator and approve either the results of the tests concerning the superiority of the FRM or the genetic evaluation as appropriate. This is necessary, in order to align with the applicable international standards pursuant to the OECD Forest Seed and Plant Scheme and other applicable international standards, and to take into account the experience gained from Directive 1999/105/EC.
2023/12/21
Committee: AGRI
Amendment 38 #
Proposal for a regulation
Recital 27
(27) The assessment of basic material intended for the production of FRM of the tested category takes on average 10 years. In order to ensure faster market access of FRM of the tested category, while the assessment of the basic material is still ongoing, Member States should have the possibility to temporarily approve such basic material, for a maximum period of 10 years, in all or part of their territory. That approval should be granted only if the provisional results of the genetic evaluation or comparative tests indicate that that basic material will satisfy the requirements of this Regulation when the tests will be completed. This early assessment should be re-examined at a maximum interval of ten years.deleted
2023/12/21
Committee: AGRI
Amendment 39 #
Proposal for a regulation
Recital 28
(28) Compliance of FRM with the requirements for the categories ‘source- identified’, ‘selected’, ‘qualified’ and ‘tested’ should be confirmed by inspections carried outthe certification by the competent authorities as appropriate for each category (‘official certification’) and should be attested by an official label.
2023/12/21
Committee: AGRI
Amendment 40 #
Proposal for a regulation
Recital 29
(29) Genetically modified FRM mayshould only be placed on the market if it is safe for human health and 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 categoryclearly labelled as GMO plant. FRM obtained by certain new genomic techniques mayshould 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 categoryis clearly labelled as NGT plant. _________________ 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.).
2023/12/21
Committee: AGRI
Amendment 42 #
Proposal for a regulation
Recital 30
(30) The official label should containlearly indicate information on basic material that contains or consists of a genetically modified organism or that has been produced by certain new genomic techniques.
2023/12/21
Committee: AGRI
Amendment 44 #
Proposal for a regulation
Recital 31
(31) Professional operators should be authorised by the competent authority, if all requirements defined by the competent authority are fulfilled, to print the official label under official supervision for certain species and categories of FRM, excluding FRM from genetically modified or NGT plants. This will give more flexibility to the professional operators in relation to the subsequent marketing of that FRM. However, professional operators can only start printing the label once competent authority has certified the FRM concerned. That authorisation is necessary due to the official character of the official label and to guarantee the highest possible quality standards for the users of FRM. Rules should be set out for the withdrawal or modification of that authorisation.
2023/12/21
Committee: AGRI
Amendment 45 #
Proposal for a regulation
Recital 32
(32) Member States should be allowempowered to impose additional or more stringent requirements for the approval of basic material produced in their own territory, subject to authorisation granted byof a notification to the Commission. This would enable the implementation of national or regional approaches concerning the production and marketing of FRM and aimed at improvement of the quality of the FRM concerned, protection of the environment, or contribution to the protection of biodiversity and the restoration of forest ecosystems.
2023/12/21
Committee: AGRI
Amendment 46 #
Proposal for a regulation
Recital 34
(34) Prior to the purchase of FRM, professional operators should make available to the potential buyers of their FRMcompetent authority all the necessary information concerning its suitability for the respective climatic and ecological conditions of the FRM, in order to allow them to select competent authority to certify the most appropriate FRM for theira specific region.
2023/12/21
Committee: AGRI
Amendment 48 #
Proposal for a regulation
Recital 36 a (new)
(36a) Each Member State should 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 should provide a database into which the Member States can enter their national data.
2023/12/21
Committee: AGRI
Amendment 53 #
Proposal for a regulation
Recital 47
(47) In order to adapt to the development of scientific and technical knowledge and of the OECD Forest Seed and Plant Scheme and other applicable international standards, and to take account of Regulation (EU) 2018/848 of the European Parliament and of the Council34 , the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending (i) the requirements concerning basic material intended for the production of FRM to be certified as ‘source-identified’, ‘selected’, ‘qualified’, and ‘tested’ and (ii) the categories under which FRM from the different types of basic material may be marketed. _________________ 34 Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p. 1).deleted
2023/12/21
Committee: AGRI
Amendment 54 #
Proposal for a regulation
Recital 57
(57) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with respect to deciding on the organisation of temporary experiments to seek improved alternatives to the requirements of this Regulation as regards the assessment and approval of basic material and the production and marketing of FRM.deleted
2023/12/21
Committee: AGRI
Amendment 67 #
Proposal for a regulation
Article 2 – paragraph 4 – point c a (new)
(ca) 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.
2023/12/21
Committee: AGRI
Amendment 70 #
Proposal for a regulation
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:
2023/12/21
Committee: AGRI
Amendment 76 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point a a (new)
(aa) "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.
2023/12/21
Committee: AGRI
Amendment 81 #
Proposal for a regulation
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.
2023/12/21
Committee: AGRI
Amendment 82 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
(3) ‘reforestation’ means re- establishment of forest through planting and/or deliberate seeding of regional adapted tree species on land classified as forest37 ; _________________ 37 FAO (2020) Global Forest Resources Assessment Terms and definitions. https://www.fao.org/3/I8661EN/i8661en.p df.
2023/12/21
Committee: AGRI
Amendment 94 #
Proposal for a regulation
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;
2023/12/21
Committee: AGRI
Amendment 116 #
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, or import into the Union, whether free of charge or not, ofaimed at the commercial exploitation of the FRM;
2023/12/21
Committee: AGRI
Amendment 118 #
Proposal for a regulation
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:
2023/12/21
Committee: AGRI
Amendment 136 #
Proposal for a regulation
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.
2023/12/21
Committee: AGRI
Amendment 138 #
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 forest unit of approval.
2023/12/21
Committee: AGRI
Amendment 139 #
Proposal for a regulation
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:
2023/12/21
Committee: AGRI
Amendment 140 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 8 – point e
(e) FRM in accordance with the requirements of Regulation (EU) 2018/848 of the European Parliament and of the Council.deleted
2023/12/21
Committee: AGRI
Amendment 141 #
Proposal for a regulation
Article 4 – paragraph 6
6. The Commission is empowered to adopt delegated acts in accordance with Article 26 amending Annexes II, III, IV and V, in order to adapt them to the development of scientific and technical knowledge, in particular regarding the use of bio-molecular techniques and to the relevant international standards.
2023/12/21
Committee: AGRI
Amendment 144 #
Proposal for a regulation
Article 5 – paragraph 1 – point -a (new)
(-a) FRM may only be produced and placed on the market by a notified and approved operator.
2023/12/21
Committee: AGRI
Amendment 147 #
Proposal for a regulation
Article 5 – paragraph 1 – point e – point iii a (new)
(iiia) information is available as regards: (i) purity; (ii) germination percentage of the pure seed; (iii) weight of 1000 pure seeds;
2023/12/21
Committee: AGRI
Amendment 148 #
Proposal for a regulation
Article 5 – paragraph 1 – point e – point iii b (new)
(iiib) the material is approved by the Competent Authority
2023/12/21
Committee: AGRI
Amendment 149 #
Proposal for a regulation
Article 5 – paragraph 1 – point e – point iii c (new)
(iiic) it is labelled as NGT
2023/12/21
Committee: AGRI
Amendment 160 #
Proposal for a regulation
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
2023/12/21
Committee: AGRI
Amendment 162 #
Proposal for a regulation
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.
2023/12/21
Committee: AGRI
Amendment 164 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
(ca) 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.
2023/12/21
Committee: AGRI
Amendment 165 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
The Commission shall, by means of an implementing act, define the sufficient number of individuals in 6 (1) (c) and (ca)
2023/12/21
Committee: AGRI
Amendment 166 #
Proposal for a regulation
Article 7
Article 7 Temporary authorisation of marketing of FRM derived from basic material not meeting the category requirements 1. Competent authorities may temporarily authorise the marketing of FRM derived from approved basic material which does not meet all the requirements of the appropriate category referred to in Article 5(1), following the adoption of the delegated act referred to in paragraph 2. The competent authorities of the respective Member State shall notify the Commission and the other Member States of those temporary authorisations and of the respective reasons justifying their approval. 2. The Commission is empowered to adopt delegated acts, in accordance with Article 26, supplementing this Article, by setting out the conditions for the granting of the temporary authorisation to the Member State concerned. Those conditions shall include: (a) the justification for granting that authorisation to ensure achievement of the objectives of this Regulation; (b) the maximum duration of the authorisation; (c) obligations as regards official controls on the professional operators applying that authorisation; (d) the content and form of the notification referred to in paragraph 1.deleted
2023/12/21
Committee: AGRI
Amendment 171 #
Proposal for a regulation
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).
2023/12/21
Committee: AGRI
Amendment 172 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Member States shall establish a national register as set out in Article 12 that:
2023/12/21
Committee: AGRI
Amendment 173 #
Proposal for a regulation
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 in paragraph 1).
2023/12/21
Committee: AGRI
Amendment 175 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
They shall be established in the UnionMember State concerned.
2023/12/21
Committee: AGRI
Amendment 176 #
Proposal for a regulation
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, of their FRM. The Competent Authority may a) approve the information as sufficient or b) request further information from the professional operator After approval of the Competent Authority, the professional operator shall provide that information prior to the transfer of the FRM concerned, be provided to the potential purchaser through websites, planters’ guides and other appropriate means. The professional operator shall record all necessary information
2023/12/21
Committee: AGRI
Amendment 183 #
Proposal for a regulation
Article 10 b (new)
Article 10b 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.
2023/12/21
Committee: AGRI
Amendment 188 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 – point 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.
2023/12/21
Committee: AGRI
Amendment 189 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 – point j a (new)
(ja) if applicable, the intellectual property rights existing on the FRM.
2023/12/21
Committee: AGRI
Amendment 192 #
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
Amendment 195 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
The competent authorities shall issue, upon application of a professional operator, 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. The professional operator shall notify to the Competent Authority the intended harvest at least three business days before the harvest takes place.
2023/12/21
Committee: AGRI
Amendment 198 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 a (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.
2023/12/21
Committee: AGRI
Amendment 201 #
Proposal for a regulation
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.
2023/12/21
Committee: AGRI
Amendment 206 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
A master certificate may also be issued in an electronic form (‘electronic master certificate’). 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.
2023/12/21
Committee: AGRI
Amendment 207 #
Proposal for a regulation
Article 14 – paragraph 5 a (new)
5a. The master certificate shall be subject to a traceability period of at least 10 years
2023/12/21
Committee: AGRI
Amendment 220 #
Proposal for a regulation
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) ;
2023/12/21
Committee: AGRI
Amendment 221 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2 – point k – point ii a (new)
(iia) if applicable, the intellectual property rights existing on the FRM
2023/12/21
Committee: AGRI
Amendment 230 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
3a. 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.
2023/12/21
Committee: AGRI
Amendment 250 #
Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point c
(c) colour of the label for specific categories or other types of FRM;deleted
2023/12/21
Committee: AGRI
Amendment 252 #
Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point d a (new)
(da) indication as to whether the material is product of genetic modification under Directive 2001/18/EC or from NGTs [insert name of reg here ..]
2023/12/21
Committee: AGRI
Amendment 254 #
Proposal for a regulation
Article 17 – paragraph 1
Seed units may only be marketed in sealed packages with that become unserviceable once the package is opened. To prevent putrefaction of the FRM, the packaging of the sealed package may be adapted to the needs of the respective FRM.
2023/12/21
Committee: AGRI
Amendment 259 #
Proposal for a regulation
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.
2023/12/21
Committee: AGRI
Amendment 260 #
Proposal for a regulation
Article 18 – paragraph 2
2. AnyIn the case, 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.
2023/12/21
Committee: AGRI
Amendment 261 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
2a. 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.
2023/12/21
Committee: AGRI
Amendment 264 #
Proposal for a regulation
Article 19 – paragraph 1 – point b – point i (new)
i) The professional operator shall fulfil the relevant requirements under article 10, 10 (new) and article 14 to 17.
2023/12/21
Committee: AGRI
Amendment 265 #
Proposal for a regulation
Article 19 – paragraph 2
That authorisation shall be subject to approval by the Commissionpetent Authority of the Member State.
2023/12/21
Committee: AGRI
Amendment 268 #
Proposal for a regulation
Article 20
Article 20 Provisional approval of basic material intended for the production of FRM of the tested category By way of derogation from Article 4(2), Member States may allow the approval, for a maximum period of 10 years, in all or part of their territory, of basic material intended for the production of FRM of the ‘tested’ category where, from the provisional results of the genetic evaluation or comparative tests referred to in Annex V, it can be assumed that once the tests are completed, the basic material will satisfy the requirements for approval under this Regulation.deleted
2023/12/21
Committee: AGRI
Amendment 269 #
Proposal for a regulation
Article 21 – paragraph 1
1. In order to overcome any temporary difficulties in the general supply of FRM that occur in one or more Member States, the Commission may, at the request of at least one Member States affected, temporarily authorise the Member States to approve for marketing, by means of an implementing act, FRM of one or more species that has been derived from basic material, which satisfies less stringent requirements than the ones set out in Article 4(1) and (2). The professional operator shall fulfil the relevant requirements under articles 10 and 10 (a) and under articles 14 to 17.
2023/12/21
Committee: AGRI
Amendment 270 #
Proposal for a regulation
Article 22
Article 22 Temporary experiments to seek improved alternatives to provisions of this Regulation 1. By way of derogation from Articles, 1, 4 and 5, the Commission may decide, by means of implementing acts, on the organisation of temporary experiments to seek improved alternatives to provisions of this Regulation concerning the species or artificial hybrids it applies to, the requirements for the approval of basic material and the production and marketing of FRM. Those experiments may take the form of technical or scientific trials examining the feasibility and appropriateness of new requirements compared to the ones set out in Articles 1, 4 and 5 of this Regulation. 2. The implementing acts referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 27(2) and shall specify one or more of the following elements: (a) the species or artificial hybrids concerned; (b) the conditions of the experiments per species or artificial hybrid; (c) the duration of the experiment; (d) the monitoring and reporting obligations of the participating Member States. Those acts shall take into account the evolution of: (a) the methods for the determination of the origin of the basic material including the use of biomolecular techniques; (b) the methods for the conservation and sustainable use of forest genetic resources taking into account applicable international standards; (c) the methods for reproduction, production including the use of innovative production processes; (d) the methods for the design of crossing schemes of components of basic material; (e) the methods for the assessment of characteristics of basic material and FRM; (f) the methods for the control of the FRM concerned. Those acts shall adapt to the evolution of techniques for production of the FRM concerned, and be based on any comparative trials and tests carried out by the Member States. 3. The Commission shall review the results of those experiments and summarise them in a report, indicating, if necessary, the need to amend Articles 1, 4 or 5.deleted
2023/12/21
Committee: AGRI
Amendment 271 #
Proposal for a regulation
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).
2023/12/21
Committee: AGRI
Amendment 274 #
Proposal for a regulation
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).
2023/12/21
Committee: AGRI
Amendment 280 #
Proposal for a regulation
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.
2023/12/21
Committee: AGRI
Amendment 288 #
Proposal for a regulation
Article 33 – paragraph 2
It shall apply from … [35 years after the date of entry into force of this Regulation].
2023/12/21
Committee: AGRI
Amendment 296 #
Proposal for a regulation
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.
2023/12/21
Committee: AGRI
Amendment 297 #
Proposal for a regulation
Annex III – Part B – point 6 a (new)
6a. Adaptation: Adaptation to the ecological conditions prevailing in the Region of Provenance shall be evident.
2023/12/21
Committee: AGRI
Amendment 298 #
Proposal for a regulation
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.
2023/12/21
Committee: AGRI
Amendment 299 #
Proposal for a regulation
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.
2023/12/21
Committee: AGRI
Amendment 300 #
Proposal for a regulation
Annex III – Part B – point 9 a (new)
9a. diversity: emphasis on the preservation of species diversity adopted to the particular region shall be given.
2023/12/21
Committee: AGRI
Amendment 301 #
Proposal for a regulation
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.
2023/12/21
Committee: AGRI
Amendment 309 #
Proposal for a regulation
Annex V – point 1 – point a a (new)
(aa) a minimum number of test areas of a minimum size per tree species listed in Annex I shall be fulfilled.
2023/12/21
Committee: AGRI
Amendment 314 #
Proposal for a regulation
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. He 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.
2023/12/21
Committee: AGRI
Amendment 324 #
Proposal for a regulation
Annex VI
CATEGORIES UNDER WHICH FRM FROM THE DIFFERENT TYPES OF BASIC MATERIAL MAY BE MARKETED [...]deleted
2023/12/21
Committee: AGRI