Artikelen bij COM(2023)415 - Productie en het in de handel brengen van bosbouwkundig teeltmateriaal, tot wijziging van de Verordeningen (EU) 2016/2031 en (EU) 2017/625 van het Europees Parlement en de Raad en tot intrekking van Richtlijn 1999/105/EG (verordening betreffende bosbouwkundig teeltmateriaal)

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dossier COM(2023)415 - Productie en het in de handel brengen van bosbouwkundig teeltmateriaal, tot wijziging van de Verordeningen (EU) 2016/2031 en ...
document COM(2023)415 EN
datum 5 juli 2023

Inhoudsopgave

CHAPTER - I

GENERAL PROVISIONS

Article 1 - Subject matter

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 contingency plans.

Article 2 - Scope

1.This Regulation applies to FRM of the tree species and artificial hybrids thereof, listed in Annex I.

2.The objectives of this Regulation are the following:

(a)ensure the production and marketing of high-quality FRM in the Union and the functioning of the internal market in FRM;

(b)help create resilient forests, conserve biodiversity and restore forest ecosystems;

(c)support wood and biomaterials production, climate adaptation, climate mitigation and the conservation and sustainable use of forest genetic resources.

3.The Commission shall be empowered to adopt delegated acts, in accordance with Article 26, amending the list set out in Annex I as specified in paragraph 3, taking into account:

(a)the movement of vegetation zones and tree species’ ranges as a result of climate change;

(b)any developments of technical or scientific knowledge.

Those delegated acts shall add species and artificial hybrids to the list in Annex I, if such species and artificial hybrids fulfil at least one of the following elements:

(a)represent a significant area and economic value of FRM production in the Union;

(b)are marketed in at least two Member States;

(c)are considered important for their contribution to adaptation to climate change, and

(d)are considered important for their contribution to the conservation of biodiversity.

The delegated acts referred to in the first subparagraph shall remove species and artificial hybrids from the list in Annex, I if they no longer fulfil any of the elements set out in the first subparagraph.

4.This Regulation does not apply to the following:

(a)plant reproductive material referred to in Article 2 of Regulation (EU) …/… [Office of Publications, please insert reference to Regulation on production and marketing of plant reproductive material];

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

(c)FRM produced for export to third countries;

(d)FRM used for official testing, scientific purposes or selection work.

Article 3 - Definitions

For the purposes of this Regulation, the following definitions apply:

(1)‘forest reproductive material’ (‘FRM’) means cones, infructescenses, fruits 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 for any of the following purposes:

(a)wood and biomaterials production;

(b)biodiversity conservation;

(c)restoration of forest ecosystems;

(d)climate adaptation;

(e)climate mitigation;

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

(2)‘afforestation’ means establishment of forest through planting and/or deliberate seeding on land that, until then, was under a different land use implies a transformation of land use form non-forest to forest 36 ;

(3)‘reforestation’ means re-establishment of forest through planting and/or deliberate seeding on land classified as forest 37 ;

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

(5)‘planting stock’ means any plant or part of a plant used in plant propagation and comprises plants raised from seed units, from parts of plants, or from plants from natural regeneration;

(6)‘parts of plants’ means stem cuttings, leaf cuttings and root cuttings, explants or embryos used for micropropagation, buds, layers, roots, scions, sets and any other parts of a plant used for the production of a planting stock;

(7)‘production’ means all stages in the generation of the seed and plants, the conversion from seed unit to seed, and the raising of plants from a planting stock, with a view for the respective FRM to be marketed; 

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

(9)‘stand’ means a delineated population of trees possessing sufficient uniformity in composition;

(10)‘seed orchard’ means a plantation of selected trees, where each tree is identified by a clone, family or provenance, which is isolated or managed to avoid or reduce pollination from outside sources, and managed to produce frequent, abundant and easily harvested crops of seed;

(11)‘parents of family(ies)’ means trees used as parents to obtain progeny by controlled or open pollination of one identified parent used as a female (‘mother tree’), with the pollen of one ‘father tree’, full sibling) or a number of identified or unidentified ‘father trees’ (half-sibling);

(12)‘clone’ means a group of individuals (ramets) derived originally from a single individual (ortet) by vegetative propagation, for example by cuttings, micropropagation, grafts, layers or divisions;

(13)‘clonal mixture’ means a mixture of identified clones in defined proportions;

(14)‘basic material’ means any of the following: seed source, stand, seed orchard, parents of family(ies), clone or clonal mixtures;

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

(16)‘unit of notification’ means the entire area of basic material for the production of FRM intended for the purpose of the conservation and sustainable use of forest genetic resources that has been notified to the competent authorities;

(17)‘seed lot’ means a set of seeds collected from approved basic material and processed uniformly;

(18)‘plant lot’ means a set of planting stock that has been grown from a single seed lot or a vegetatively propagated planting stock which has been raised in a delineable area and processed uniformly;

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

(20)‘provenance’ means the place in which any stand of trees is growing;

(21)‘sub-species’ means a group within a species that has become somewhat phenotypically and genetically different from the rest of the group;

(22)‘region of provenance’ means, in regard to species or sub-species, the area or group of areas subject to sufficiently uniform ecological conditions, in which stands or seed sources showing similar phenotypic or genetic characteristics are found, taking into account altitudinal boundaries, where appropriate;

(23)‘autochthonous stand’ means a stand of native tree species which has been continuously regenerated either by natural regeneration or artificially from FRM collected in the same stand or stands of native tree species within close proximity;

(24)‘indigenous stand’ means an autochthonous stand or a stand raised artificially from seed, where the origin of this stand and the stand itself are located in the same region of provenance;

(25)‘origin’ means the following:

(a)for an autochthonous seed source or stand, the place in which the trees are growing; 

(b)for a non-autochthonous seed source or stand, the place from which the seed or plants were originally introduced;

(c)for a seed orchard, the places where its components were originally located, such as their provenances or other relevant geographical information;

(d)for the parents of families, the places where their components were originally located, such as their provenances or other relevant geographical information;

(e)for a clone, the origin is the place, where the ortet is or was initially located or selected;

(f)for a clonal mixture, the origins are the places, where the ortets are or were initially located or selected;

(26)‘location of the basic material’ means the geographical area or geographical position(s) of the basic material as appropriate for each category of FRM;

(27)‘place of production of clones or clonal mixtures or parents of families’ means the place or exact geographical position, where the FRM was produced;

(28)‘foundation stock’ means a plant, group of plants, FRM, DNA stock or genetic information of the clone, or clones in case of clonal mixture, that serves as a reference material for the control of the identity of the clone(s);

(29)‘set’ means a stem cutting without roots;

(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, of FRM;

(31)‘professional operator’ means any natural or legal person involved professionally in one or more of the following activities:

(a)production, including growing, multiplying and maintaining of the FRM;

(b)marketing of the FRM;

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

(32)‘competent authority’ means a central or regional authority of a Member State, or, where applicable, the corresponding authority of a third country, responsible for the organisation of official controls, registration of basic material, certification of FRM and other official activities concerning the production and marketing of FRM, or any other authority to which that responsibility has been conferred, in accordance with Union law;

(33)‘source-identified’ means a category of FRM derived from basic material consisting of either a seed source or stand located within a single region of provenance and which meets the requirements set out in Annex II;

(34)‘selected’ means a category of FRM derived from basic material consisting of a stand located within a single region of provenance, which has been phenotypically selected at the population level and which meets the requirements set out in Annex III;

(35)‘qualified’ means a category of FRM derived from basic material consisting of seed orchards, parents of family(ies), clones or clonal mixtures, the components of which have been phenotypically selected at the individual level, and which meets the requirements set out in Annex IV;

(36)‘tested’ means a category of FRM derived from basic material consisting of stands, seed orchards, parents of family(ies), clones or clonal mixtures and which meets the requirements set out in Annex V;

(37)‘official certification’ means certification of source-identified, selected, qualified and tested FRM, if all relevant inspections and, where appropriate, sampling and FRM testing have been carried out by the competent authority and if it has been concluded that the FRM meets the respective requirements of this Regulation;

(38)‘category’ means FRM that qualifies as source-identified, selected, qualified or tested material;

(39)‘genetically modified organism’ means a genetically modified organism as defined in Article 2(2) of Directive 2001/18/EC, excluding organisms obtained through the techniques of genetic modification listed in Annex I B to Directive 2001/18/EC;

(40)‘NGT plant’ means plants obtained by certain new genomic techniques as defined in Article 3, point 2 of Regulation (EU) [Office of Publications, please insert reference to Regulation on plants obtained by certain new genomic techniques and their food and feed] of the European Parliament and of the Council  38 ;

(41)‘seed transfer zones’ means an area and/or altitudinal zones designated by the competent authorities for the movement of FRM belonging to the source-identified and selected categories, taking into account, as appropriate, the origin and provenance of the FRM, provenance trials, environmental conditions and future climatic change projections;

(42)‘deployment area for seed orchards’ means the area designated by the competent authorities, in which FRM belonging to the qualified and tested categories is adapted to the climatic and ecological conditions of that area, taking into account, as appropriate, the location of the seed orchards and its components, results of progeny and provenance trials, environmental conditions and future climatic change projections;

(43)‘deployment area for clones and clonal mixtures’ means the area designated by the competent authorities, in which FRM belonging to the qualified and tested categories is adapted to the climatic and ecological conditions of that area, taking into account, as appropriate, the origin or provenance of the clone(s), results of progeny and provenance trials, the environmental conditions and future climatic change projections;

(44)‘FOREMATIS’ means the Forest Reproductive Material Information System of the Commission;

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

(46)‘quality pests’ means pests fulfilling all of the following:

(a)they are not Union quarantine pests, protected zone quarantine pests, or regulated non-quarantine pests (‘RNQPs’) within the meaning of Regulation (EU) 2016/2031, nor pests subject to the measures adopted pursuant to Article 30(1) of that Regulation;

(b)they occur during FRM production or storage; and

(c)their presence has an unacceptable adverse impact on the quality of the FRM, and an unacceptable economic impact as regards the use of that FRM in the Union;

(47)‘practically free from pests’ means completely free from 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.

CHAPTER I - I

BASIC MATERIAL AND FRM DERIVING FROM IT

Article 4 - Approval of basic material for the production of FRM

1.Only basic material approved by the competent authorities may be used for the production of FRM.

2.Basic material intended for the production of FRM to be certified as ‘source-identified’ shall be approved, if it fulfils the requirements set out in Annex II.

Basic material intended for the production of FRM to be certified as ‘selected’ shall be approved, if it fulfils the requirements set out in Annex III.

Basic material intended for the production of FRM to be certified as ‘qualified’ shall be approved, if it fulfils the requirements set out in Annex IV.

Basic material intended for the production of FRM to be certified as ‘tested’ shall be approved, if it fulfils the requirements set out in Annex V.

The assessment of the requirements laid down in Annexes II to V for the approval of basic material, may include besides visual inspection, documentary checks, tests and analyses or other complementary methods, also the use of bio-molecular techniques, if they are considered more appropriate for the purpose of that approval.

The basic material for all categories shall be assessed for its sustainability characteristics as set out in Annexes II to V, to take into account the climatic and ecological conditions.

The approval of the basic material shall be carried out with a reference to the unit of approval.

The Commission is empowered to adopt delegated acts in accordance with Article 26 amending Annexes II, III, IV and V, as regards requirements for the approval of basic material intended for the production of:

(a)FRM of ‘source-identified’ category, and in particular the requirements concerning types of basic material, effective size of the population, origin and region of provenance, sustainability characteristics;

(b)FRM of the ‘selected’ category, and in particular the requirements concerning origin, isolation, effective size of the population, age and development, uniformity, sustainability characteristics, volume production, wood quality, and form or growth habit;

(c)FRM of the ‘qualified’ category, and in particular the requirements concerning orchards, parents of family(ies), clones, and clonal mixtures;

(d)FRM of the ‘tested’ category, and in particular the requirements concerning characteristics to be examined, documentation, setting up the tests, analysis and validity of the tests, the genetic evaluation of the components of basic material, the comparative testing of FRM, provisional approval and early tests;

(e)FRM in accordance with the requirements of Regulation (EU) 2018/848 of the European Parliament and of the Council.

Those amendments shall adapt the rules for the approval of basic material to the development of scientific and technical knowledge, and the development of the OECD Forest Seed and Plant Scheme and other applicable international standards.

3.Only approved basic material shall be included under the form of a unit of approval in the national register pursuant to Article 12. Each unit of approval shall be identified by a unique register reference in a national register.

4.The approval of basic material shall be withdrawn, if the requirements set out in this Regulation are no longer met.

5.After approval, the basic material intended for the production of FRM under the selected, qualified and tested categories shall be re-inspected by the competent authorities at regular intervals.

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.

Article 5 - Requirements for the marketing of FRM derived from approved basic material

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

(a)FRM of the species listed in Annex I may only be marketed, 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;

(b)FRM of the artificial hybrids listed in Annex I may only be marketed, if it is of the ‘selected’, ‘qualified’ or ‘tested’ categories, 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 III, IV and V, respectively;

(c)FRM of the tree species and artificial hybrids listed in Annex I, which are vegetatively reproduced, may only be marketed if:

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

(ii)it has been derived from basic material which has been approved pursuant to Article 4 and which meets the requirements of Annexes III, IV and V, respectively; 

(iii)FRM of the ‘selected’ category, may only be marketed if it has been mass propagated from seeds;

(d)FRM of the tree species and artificial hybrids listed in Annex I, which contains or consists in genetically modified organisms, may only be marketed if: 

(i)it is of the ‘tested’ category, and

(ii)it has been derived from basic material which has been approved pursuant to Article 4 and which meets the requirements of Annex V; and

(iii)it is authorised for cultivation in the Union pursuant to Article 19 of Directive 2001/18/EC or Articles 7 and 19 of Regulation (EC) 1829/2003, or, where applicable, in the respective Member State in accordance with Article 26b of Directive 2001/18/EC;

(e)FRM of the tree species and artificial hybrids listed in Annex I, which contain or consist of a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...), may only be marketed if:

(i)it is of the ‘tested’ category, and

(ii)it has been derived from basic material which has been approved pursuant to Article 4 and which meets the requirements of Annex V; and

(iii)the plant has obtained a declaration of category 1 NGT plant status pursuant to Article 6 or 7 of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...) or is progeny of such plant(s); 

(f)FRM of the tree species and artificial hybrids listed in Annex I, may only be marketed if it is accompanied by a reference to its master certificate number(s);

(g)it complies with Articles 36, 37, 40, 41, 42, 49, 53 and 54 of Regulation (EU) 2016/2031 concerning Union quarantine pests, protected zone quarantine pests, RNQPs, and pests subject to the measures under Article 30 of that Regulation;

(h)In the case of seeds, FRM of the tree species and artificial hybrids listed in Annex I, may only be marketed, if in addition to compliance with points (a) to (g), information is available as regards:

(i)purity;

(ii)germination percentage of the pure seed;

(iii)weight of 1000 pure seeds;

(iv)the number of germinable seeds per kilogram of product marketed as seed, or, where the number of germinable seeds is impossible or impractical to assess, the number of viable seeds per kilogram.

2.The categories under which FRM from the different types of basic material may be marketed are as set out in the table in Annex VI.

3.The Commission is empowered to adopt delegated acts in accordance with Article 26(2), amending the table of Annex VI concerning categories under which FRM from the different types of basic material may be marketed. 

That amendment shall adapt those categories to the development of scientific and technical knowledge and of the relevant international standards.

Article 6 - Requirements for FRM derived from basic material intended for the purpose of conserving forest genetic resources

In order for FRM derived from basic material subject to the derogation of Article 18 to be marketed, all the following conditions shall be fulfilled:

(a)FRM of the species listed in Annex I may only be marketed, if it is of the ‘source-identified’ category;

(b)FRM shall be of origin which is naturally adapted to the local and regional conditions; and

(c)FRM shall be collected from all individuals of the notified basic material.

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.

Article 8 - Special requirements for certain species, categories and types of FRM

The Commission is empowered to adopt delegated acts, in accordance with Article 26, supplementing, as necessary, this Regulation as regards the requirements as appropriate for each type, species or category of FRM:

(a)concerning fruit and seed lots of the species listed in Annex I as regards species purity;

(b)concerning parts of plants of the species and artificial hybrids listed in Annex I as regards quality in relation to general characteristics, health and size;

(c)for external quality standards for Populus spp. propagated by stem cuttings or sets as regards defects and minimum dimensions for stem cuttings and sets;

(d)concerning planting stock of the species and artificial hybrids listed in Annex I as regards quality in relation to general characteristics, health, vitality and physiological quality;

(e)concerning planting stock to be marketed to users in regions having a Mediterranean climate as regards defects, size and age of the plants and, where appropriate, size of the container.

That delegated act shall be based on the experience gained by the application of the requirements as appropriate for each type, species or category of FRM as regards the provisions for inspections, sampling and testing, and isolation distances. It shall adapt those requirements based on the development of the respective international standards, the technical and scientific developments, or the climatic and ecological developments.

Article 9 - Contingency plan and national register

1.Each Member State shall 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/EU 39 .

That contingency plan shall be prepared for those tree species and artificial hybrids thereof listed in Annex I, that are deemed suitable for the current and projected future climatic and ecological conditions of the Member State concerned.

The contingency plan shall take into account the projected future distribution of the relevant tree species and artificial hybrids thereof, on the basis of national and/or regional climate model simulations for the Member State concerned.

2.Member States shall, at an appropriate stage, consult all relevant stakeholders in the process of drawing up and keeping up to date such contingency plans.

3.Each contingency plan shall include the following:

(a)the roles and responsibilities of the bodies involved in the execution of the contingency plan in case of any event causing a major shortage of FRM, as well as the chain of command and procedures for the coordination of actions to be taken by competent authorities, other public authorities, delegated bodies or natural persons involved, laboratories and professional operators, including the coordination with neighbouring Member States and neighbouring third countries, where appropriate;

(b)access of competent authorities to supplies of FRM that have been maintained for the purpose of contingency planning, premises of professional operators, in particular forest nurseries and laboratories producing FRM, other relevant operators and natural persons;

(c)access of competent authorities, where necessary, to equipment, personnel, external expertise and resources necessary for the rapid and effective activation of the contingency plan;

(d)measures concerning the submission of information to the Commission, the other Member States, the professional operators concerned and the public, as regards the major FRM shortage, and the measures taken against it in the event of an officially confirmed or suspected major FRM shortage;

(e)arrangements for recording findings of the presence of any major FRM shortage;

(f)the available assessments of the Member State as regards the risk of a major FRM shortage for its territory and its potential impact on human, animal and plant health, and the environment;

(g)principles for the geographical demarcation of the area(s) where a major FRM shortage has occurred;

(h)principles concerning the training of personnel of the competent authorities and, where appropriate, the bodies, public authorities, laboratories, professional operators and other persons referred to in point (a).

Member States shall regularly review and, where appropriate, update their contingency plans to take account of the technical and scientific developments in relation to climate model simulations addressing the projected future distribution of the relevant tree species and artificial hybrids thereof.

4.Member States shall establish a national register that:

(a)contains the tree species and artificial hybrids listed in Annex I, which are relevant for the current climatic and ecological conditions of the Member State concerned;

(b)takes account of the projected future distribution of those tree species and artificial hybrids thereof.

Within 4 years from the date of establishment of their national registers, Member States shall establish contingency plans for the species and artificial hybrids included in their registers.

5.Member States shall collaborate with each other and with all relevant stakeholders for the establishment of their contingency plans, on the basis of an exchange of best practices and experience gained with the establishment of those plans.

6.Member States shall make their contingency plans available to the Commission, the other Member States and all relevant professional operators through publication in FOREMATIS.

CHAPTER II - I

REGISTRATION OF PROFESSIONAL OPERATORS AND BASIC MATERIAL, AND DEMARCATION OF REGIONS OF PROVENANCE

Article 10 - Obligations for professional operators

1.Professional operators shall be registered in a register provided for in Article 65 of Regulation (EU) 2016/2031, in accordance with Article 66 of that Regulation.

They shall be established in the Union.

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

Article 11 - Demarcation of regions of provenance for certain categories

Member States shall, for the relevant species of basic material intended for the production of FRM of the ‘source-identified’ and ‘selected’ categories, demarcate the regions of provenance.

The competent authorities shall draw up and publish on their website maps showing the demarcations of the regions of provenance. They shall make those maps available to the Commission and other Member States through FOREMATIS.

Article 12 - National register and national lists of basic material

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.

That register shall contain full details of each unit of approved basic material, together with its unique register reference.

By way of derogation from Article 4, the competent authorities shall immediately register in their national registers the basic material included, before … [OJ, please, insert the date of the of this Regulation], in their respective national registers referred to in Article 10(1) of Directive 1999/105/EC, without applying the registration procedure set out in that Article.

2.Each Member State shall establish, publish and keep updated a national list of basic material, which shall be presented as a summary of the national register. It shall make that list available in electronic format to the Commission and the other Member States through FOREMATIS.

3.Member States shall present the national list in a common form for each unit of approval of basic material. For the categories ‘source-identified’ and ‘selected’, it may contain only a summary description of the basic material, on the basis of regions of provenance.

The national list shall provide in particular the following details:

(a)botanical name;

(b)category;

(c)basic material;

(d)register reference or, where appropriate, summary thereof, or identity code for region of provenance;

(e)location of basic material: a short name, if appropriate, and one of the following sets of particulars:

(i)for the ‘source-identified’ category, region of provenance and the latitudinal, longitudinal and altitudinal range;

(ii)for the ‘selected’ category, region of provenance and the geographical position defined by latitude, longitude and altitude or the latitudinal, longitudinal and altitudinal range;

(iii)for the ‘qualified’ category, the exact geographical position(s) defined by latitude, longitude and altitude, where the basic material is maintained;

(iv)for the ‘tested’ category, the exact geographical position(s) defined by latitude, and longitude and altitude, where the basic material is maintained;

(f)area: the size of a seed source(s), stand(s) or seed orchard(s);

(g)origin:

(i)indication whether the basic material is autochthonous/indigenous, non-autochthonous/non-indigenous or if the origin is unknown;

(ii)non-autochthonous/ non-indigenous basic material, an indication of the origin, if it is known;

(h)purpose of use of FRM;

(i)in the case of FRM of the ‘tested’ category, an indication whether it is:

(i)genetically modified; or

(ii)an NGT plant;

(j)in the case of qualified and tested categories, information about the place of production of clone(s) or clonal mixture(s), where appropriate.

Article 13 - Union List of Approved Basic Material

1.On the basis of the national lists provided by each Member State in accordance with Article 12, the Commission shall publish a list entitled ‘Union List of Approved Basic Material for the Production of Forest Reproductive Material’.

That list shall be made available in electronic format through FOREMATIS.

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

CHAPTER I - V

MASTER CERTIFICATE, LABELLING AND PACKAGING

Article 14 - Master certificate of identity

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 master certificate shall attest compliance with the requirements of Article 4(2).

The Commission shall, by means of an implementing act, adopt the content and the model for the master certificate of identity for FRM:

(a)Model master certificate for FRM that is derived from seed sources and stands;

(b)Model master certificate for FRM that is derived from seed orchards or parents of family(ies); and

(c)Model master certificate for FRM that is derived from clones and clonal mixtures.

That implementing act shall be adopted in accordance with the examination procedure referred to in Article 27(2).

2.Where in accordance with Article 15(2) a Member State adopts measures as regards subsequent vegetative propagation, a new master certificate shall be issued.

3.Where mixing takes place in accordance with Article 15(3), Member States shall ensure that the register references of the components of the mixtures are identifiable, and a new master certificate or other document identifying the mixture shall be issued.

4.Where a lot referred to in Article 15(1) is subdivided into smaller lots that are not processed uniformly and subjected to subsequent vegetative propagation, a new master certificate shall be issued and a reference shall be made to the previous master certificate number.

5.A master certificate may also be issued in an electronic form (‘electronic master certificate’).

The Commission may, by means of implementing acts, set out technical arrangements for the issuance of electronic master certificates, for ensuring their compliance with this Article and an appropriate, credible and effective mode for the issuance of electronic master certificates. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).

6.The Commission is empowered to adopt delegated acts, in accordance with Article 26, supplementing this Article, by setting out rules on:

(a)digital recording of all actions taken by the professional operator and the competent authorities, in order to issue the master certificate; and

(b)establishment of a centralised platform that connects all the Member States and the Commission, to facilitate the processing of, access to and use of those records.

Article 15 - Lots

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

Each lot of FRM shall be identified by the following:

(a)lot number;

(b)master certificate code and number;

(c)botanical name;

(d)category of FRM;

(e)basic material;

(f)register reference or identity code for region of provenance;

(g)region of provenance for FRM of the ‘source-identified’ and ‘selected’ categories or other FRM if appropriate;

(h)if appropriate, whether the origin of the basic material is autochthonous or indigenous, non-autochthonous or non-indigenous, or unknown;

(i)in the case of seed units, the year of ripening;

(j)age and type of planting stock of seedlings or cuttings, whether undercuts, transplants or containerised;

(k)for the ‘tested’ category whether it is:

(i)genetically modified;

(ii)an NGT plant.

2.Without prejudice to paragraph 1 of this Article and to Article 5(1), point (c), Member States shall keep separately FRM, which is subject to subsequent vegetative propagation and shall identify it as such. Such FRM shall have been harvested from a single unit of approval in the ‘selected’, ‘qualified’ and ‘tested’ categories. In such cases, the produced FRM shall assume the same category as the original FRM.

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

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

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

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

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

In the case of mixing in accordance with the first subparagraph, points (a), (b) or (c), the identity code for the region of provenance may be substituted for the register reference as in paragraph 1, point (f).

Article 16 - Official label

1.An official label shall be issued by the competent authority for every lot of FRM attesting compliance of that FRM with the requirements referred to in Article 5.

2.Competent authorities shall authorise the professional operator to print the official label after the competent authority has attested compliance of that FRM with the requirements referred to in Article 5. The professional operator is authorised to print that label, if, on the basis of an audit, the competent authority has concluded that the operator possesses the infrastructure and resources to print the official label.

3.The competent authority shall carry out regular controls to check whether the professional operator complies with the requirements referred to in paragraph 2.

Where, after having granted the authorisation referred to in paragraph 2, the competent authority finds that a professional operator does not fulfil the requirements referred to in that paragraph, it shall without delay withdraw, or modify as appropriate, the authorisation.

4.In addition to the information required under Article 15(1), the official label shall contain all the following information:

(a)master certificate number(s) issued in accordance with Article 14 or a reference to the other document identifying the mixture available in accordance with Article 14(3);

(b)name of the professional operator;

(c)quantity supplied;

(d)in the case of FRM of the ‘tested’ category, whose basic material is approved under Article 4, the words ‘provisionally approved’;

(e)whether the FRM has been vegetatively propagated.

5.The Commission shall, by means of implementing acts, set out the following elements concerning the official label:

(a)content of the official label;

(b)additional information in the case of seeds and small quantities of seeds;

(c)colour of the label for specific categories or other types of FRM;

(d)additional information in the case of specific genera or species.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).

6.An official label may also be issued in an electronic form (‘electronic official label’).

The Commission may, by means of implementing acts, set out technical arrangements for the issuance of electronic official labels, to ensure their compliance with this Article and an appropriate, credible and effective mode for the issuance of those official labels. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).

7.The Commission is empowered to adopt delegated acts, in accordance with Article 26, supplementing this Article, by setting out rules on:

(a)digital recording of all actions taken by the professional operators and the competent authorities in order to issue the official labels;

(b)the establishment of a centralised platform that connects the Member States and the Commission to facilitate the processing of, access to and use of those records.

Article 17 - Packages of seed units

Seed units may only be marketed in sealed packages with that become unserviceable once the package is opened.

CHAPTER - V

DEROGATIONS FROM ARTICLE 4

Article 18 - Derogation from the obligation to be approved for basic material intended for the purpose of conserving forest genetic resources

1.By way of derogation from Article 4(1) and (2), the registration of basic material intended for the purpose of conserving forest genetic resources in the national register shall not be subject to approval by the competent authorities.

2.Any professional operator registering basic material for the purpose of conserving forest genetic resources used in forestry, shall notify that basic material to the competent authority of the Member State concerned.

3.Basic material referred to in paragraph 1 shall be notified to the competent authorities in accordance with the format of FOREMATIS.

The notification of the basic material shall be carried out with reference to the unit of notification.

Each unit of notification shall be identified by a unique register reference in a national register.

That notification shall contain the following information:

(a)botanical name;

(b)category;

(c)basic material;

(d)register reference or, where appropriate, summary thereof, or identity code for region of provenance;

(e)location: a short name, if appropriate, and the region of provenance and the latitudinal, longitudinal and altitudinal range;

(f)area: the size of a seed source(s) or stand(s);

(g)origin: indication whether the basic material is autochthonous/indigenous, non-autochthonous/non-indigenous or whether the origin is unknown. For non-autochthonous/ non-indigenous basic material, indication of the origin if known;

(h)purpose: conservation and sustainable use of genetic resources.

4.The Commission may, by means of implementing acts, establish the specific conditions as regards the requirements and content of that notification. Those implementing acts shall take account of the development of applicable international standards and shall be adopted in accordance with the examination procedure referred to in Article 27(2).

Article 19 - Approval by professional operators of basic material intended for the production of FRM of the source–identified category

By way of derogation from Article 4(1) and (2), Member States may authorise professional operators to approve, for certain species, basic material intended for the production of FRM of the source-identified category, if the following conditions are fulfilled:

(a)the region of provenance, where the basic material is located, is subject to extreme weather conditions; and

(b)those weather conditions have an impact on the reproductive cycle of the basic material and decrease the frequency of harvesting FRM from that basic material.

That authorisation shall be subject to approval by the Commission.

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.

Article 21 - Temporary difficulties in supply

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).

2.Where the Commission acts in accordance with paragraph 1, the official label issued pursuant to Article 16(1) shall state that the FRM concerned has been derived from basic material which satisfies less stringent requirements than the ones set out in Article 4(1) and (2).

3.The implementing act referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 27(2).

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.

Article 23 - Authorisation to adopt more stringent requirements

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. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).

2.For the purpose of the authorisation referred to in paragraph 1, Member States shall submit to the Commission a request setting out:

(a)the draft provisions containing the proposed requirements;

(b)a justification on the necessity and proportionality of such requirements.

3.The authorisation referred to in paragraph 1 shall be granted only if all the following conditions are fulfilled:

(a)the measures requested ensure at least one of the following:

(i)the improvement of the quality of the FRM concerned;

(ii)the protection of the environment: adaptation to climate change or the contribution to the protection of biodiversity, restoration of forest ecosystems;

(b)the measures requested are necessary and proportionate to their objective pursuant to point (a); and

(c)the measures are justified on the basis of the specific climatic and ecological conditions in the Member State concerned.

4.Where Member States have adopted additional or more stringent requirements pursuant to Article 7 of Directive 1999/105/EC, the Member States concerned shall, by … [one year after the date of application of this Regulation], review those measures and repeal or amend those measures to comply with this Regulation.

They shall inform the Commission and the other Member States of those actions.

CHAPTER V - I

IMPORTS OF FRM

Article 24 - Imports on the basis of Union equivalence

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.

2.The Commission may decide, by means of implementing acts, if FRM of specific genera, species οr categories produced in a third country, fulfils requirements equivalent to those applicable to FRM produced and marketed in the Union, on the basis of all of the following:

(a)a thorough examination of the information and data provided by the third country concerned; and

(b)the satisfactory result of an audit carried out by the Commission in the third country concerned, where that audit has been considered necessary by the Commission;

(c)that third country participates in the OECD Scheme for the Certification of Forest Reproductive Material Moving in International Trade.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).

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 and, where applicable, Article 11, for the ‘source identified’, ‘selected’, ‘qualified’ and ‘tested’ categories.

Article 25 - Notification and certificates of imported FRM

1.The professional operators importing FRM into the Union shall inform the respective competent authority in advance of the import through the information management system for official controls (IMSOC) referred to in Article 131 of Regulation (EU) 2017/625.

2.Imported FRM shall be accompanied by all of the following:

(a)a master certificate or another official certificate issued by the third country of origin;

(b)an official label; and

(c)records containing details of that FRM provided by the professional operator in that third country.

3.Following the import referred to in paragraph 1, the competent authority of the Member State concerned shall replace:

(a)the master certificate or official certificate referred to in paragraph 2, point (a) with a new master certificate issued in the Member State concerned; and

(b)the official label referred to in paragraph 2, point (b), with a new official label issued in the Member State concerned.

CHAPTER VI - I

PROCEDURAL PROVISIONS

Article 26 - Exercise of the delegation

1.The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.The power to adopt delegated acts referred to in Article 2(2), Article 4(2) and(6), Article 5(3), Article 7(2), Article 8(1), Article 14(6) and Article 16(7) shall be conferred on the Commission for a period of 5 years from … [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power no later than 9 months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.

3.The delegation of power referred to in Article 2(2), Article 4(2) and (6), Article 5(3), Article 7(2), Article 8(1), Article 14(6) and Article 16(7) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.A delegated act adopted pursuant to Article 2(2), Article 4(2) and (6), Article 5(3), Article 7(2), Article 8(1), Article 14(6) and Article 16(7) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.

Article 27 - Committee procedure

1.The Commission shall be assisted by the Standing Committee on Plants, Animals, Food and Feed established by Article 58(1) of Regulation (EC) No 178/2002 of the European Parliament and of the Council 40 . That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 41 .

2.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so requests.

3.Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

CHAPTER VII - I

Reporting, penalties and amendments of Regulations (EU) 2016/2031 and 2017/625

Article 28 - Reporting

By … [Office of Publications, please insert date of 5 years after the date of application of this Regulation], and every 5 years thereafter, Member States shall transmit to the Commission a report on the following:

(a)quantities of certified FRM per year;

(b)number of adopted national contingency plans to prepare for FRM supply difficulties and the time needed to activate those contingency plans;

(c)number of websites and/or national planters’ guides containing information on where to best plant FRM;

(d)quantities of FRM per genera and species imported from third countries under Union equivalence;

(e)penalties imposed pursuant to Article 29.

The Commission shall, by means of implementing acts, specify the technical formats for the report provided for in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).

Article 29 - Penalties

1.Member States shall lay down the rules on effective, proportionate and dissuasive penalties for infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. Member States shall, without delay, notify the Commission of those rules and measures and of any subsequent amendment affecting them.

2.Member States shall ensure that financial penalties for violations of this Regulation, perpetrated through fraudulent or deceptive practices, reflect, in accordance with national law, at least either the economic advantage for the professional operator or, as appropriate, a percentage of the professional operator’s turnover.

Article 30 - Amendments of Regulation (EU) 2016/2031

Regulation (EU) 2016/2031 is amended as follows:

(1)in Article 37, paragraph 4 is replaced by the following:

‘4.The Commission shall, by means of an implementing act, where appropriate, set out measures to prevent the presence of Union regulated non-quarantine pests on the plants for planting concerned, as referred to in Article 36, point (f), of this Regulation. Those measures shall, where appropriate, concern the introduction into and the movement within the Union of those plants.’;

(2)in Article 83, the following paragraph is added:

‘5a.In the case of plants for planting produced, or marketed, as categories source-identified, selected, qualified or tested, as referred to in Regulation (EU) …/…*+, the plant passport shall be included, in a distinct form, in the official label produced in accordance with the respective provisions of that Regulation.

Where this paragraph applies,

(a)the plant passport for movement within the Union territory shall contain the elements set out in Parts E and F of Annex VII to this Regulation;

(b)the plant passport for introduction into, and movement within, a protected zone shall contain the elements set out in Part H of Annex VII to this Regulation.’;

______________________

*Regulation (EU) .../... of the European Parliament and of the Council of ... … (OJ ...).’;

+OJ: Please insert in the text the number of this Regulation and institutions and insert the number, date, title and OJ reference of this Regulation in the footnote.


(3)Annex VII is amended in accordance with Annex VII to this Regulation.

Article 31 - Amendments of Regulation (EU) 2017/625

Regulation (EU) 2017/625 is amended as follows:

(1)in Article 1(2), the following point is added:

‘(l)production and marketing of forest reproductive material.’;

(2)in Article 3, the following point is added:

‘(52)‘forest reproductive material’ means material as defined in Article 3(1) of Regulation (EU) …/… of …*+

______________________

*Regulation (EU) .../... of the European Parliament and of the Council of ... … (OJ ...).’;

+OJ: Please insert in the text the number of this Regulation and institutions and insert the number, date, title and OJ reference of this Regulation in the footnote.

(3)the following article is inserted after Article 22a:

‘Article 22b

Specific rules on official controls and for action taken by the competent authorities in relation to forest reproductive material

1.Official controls to verify compliance with the rules referred to in Article 1(2), point (l), shall include official controls on the production and marketing of forest reproductive material, and on operators subject to those rules.

2.The Commission is empowered to adopt delegated acts in accordance with Article 144 to supplement this Regulation by laying down rules for the performance of official controls on forest reproductive material in order to check compliance with Union rules referred to in Article 1(2), point (l), applicable to those goods and for action taken by the competent authorities following the performance of those official controls.

Those delegated acts shall lay down rules on:

(a)specific requirements for the performance of such official controls on the production and marketing within, the Union of particular of particular forest reproductive material subject to the rules referred to in Article 1(2), point (l), to respond to non-compliance with the Union rules on forest reproductive material of a particular origin or provenance;

(b)specific requirements for the performance of such official controls on the activities of professional operators related to the production of particular forest reproductive material subject to the rules referred to in Article 1(2), point (l), to respond to non-compliance with the Union rules on forest reproductive material of a particular origin or provenance; and

(c)the cases where the competent authorities are to take one or more of the measures referred to in Article 137(2) and Article 138(2) in relation to specific non-compliances.

3.The Commission shall, by means of implementing acts, lay down rules on uniform practical arrangements for the performance of official controls on plant reproductive material in order to verify compliance with Union rules referred to in Article 1(2), point (l), applicable to those goods and for action taken by the competent authorities following such official controls on:

(a)uniform minimum frequency of such official controls, where a minimum level of official control is necessary to respond to recognised uniform risks of non-compliance with the rules on forest reproductive material of a particular origin or provenance;

(b)frequency of official controls performed by competent authorities on operators authorised to issue official labels under official supervision in accordance with Article 16(1) of Regulation (EU) …/…*+

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 145(2).

______________________

* Regulation (EU) .../... of the European Parliament and of the Council of ... … (OJ ...).’

   +    OJ: Please insert in the text the number of this Regulation and institutions and insert the number, date, title and OJ reference of this Regulation in the footnote.

CHAPTER I - X

FINAL PROVISIONS

Article 32 - Repeal of Directive 1999/105/EC

Directive 1999/105/EC is repealed.

References to that repealed act shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VIII.

Article 33 - Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from … [3 years after the date of entry into force of this Regulation].

It shall be binding in its entirety and directly applicable in all Member States.