Toelichting 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) - Hoofdinhoud
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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 ... |
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| bron | COM(2023)415  |
| datum | 05-07-2023 |
•Reasons for and objectives of the proposal
Council Directive 1999/105/EC sets out rules on the production and marketing of forest reproductive material (‘FRM Directive’). That Directive regulates forest reproductive material (‘FRM’) which is important for forestry purposes.
In the years since its adoption, several important developments have taken place, and most importantly:
–the adoption of the European Green Deal 1 , which includes European Climate Law 2 , the new EU Strategy on Adaptation to Climate Change 3 , the New EU Forest Strategy for 2030 4 and the EU Biodiversity Strategy for 2030 5 , and
–the update of the Rules and Regulations of the Organisation for Economic Co-operation and Development (OECD) Scheme for the Certification of Forest Reproductive Material Moving in International Trade 6 (‘OECD Forest Seed and Plant Scheme’).
In the light of those developments, the new policy priorities of the EU in relation to sustainability, climate change adaptation and biodiversity, as well as the experience gained during the implementation of Directive 1999/105/EC, it is appropriate to revise this part of the EU legislation on the production and marketing of forest reproductive material.
FRM refers to seeds, parts of plants and plants and is used for the creation of new forests (‘afforestation’), the replanting of areas with trees (‘reforestation’) and other types of tree planting for different purposes: (i) wood and biomaterials production, (ii) biodiversity conservation, (iii) restoration of forest ecosystems, (iv) climate adaptation, (v) climate mitigation and (vi) conservation and sustainable use of forest genetic resources.
Seeds of agricultural crops are produced, certified, and harvested in cycles of one year, while in the case of FRM it may take 50-100 years before seeds and forest plants can be harvested from basic material. Because of these long production cycles, it is essential to produce high-quality FRM and ensure traceability to (i) the original parent trees from which that FRM has been harvested and (ii) the climatic and ecological conditions under which those parent trees were grown. The process that leads to the production and marketing of FRM is described hereafter.
FRM is harvested from parent trees (i.e. basic material). That basic material has been selected for a number of superior characteristics (e.g. morphological features, wood quality, health, and resistance) in view of the intended purpose for which the FRM will be used. The competent authorities of the Member States conduct an official inspection to approve that basic material. Basic material is registered in a national register with a unique register reference and with a so-called unit approval that delineates the area from which FRM can subsequently be harvested. Upon the harvesting of FRM a master certificate is issued. The master certificate serves to ensure traceability of the FRM to the location of the basic material from which it has been harvested. FRM has to comply with a number of quality requirements in order to be certified. In the case of seeds those quality requirements relate to the purity of the seeds and the number of viable seeds that can germinate (i.e. germination percentage). The official label is issued following an official inspection by the competent authorities which confirms that the FRM complies with the quality requirements that have been laid down for the category of FRM concerned.
FRM production in the different Member States is oriented depending on the specific needs. In certain Member States the timber and pulp industry are the most important economic activity and hence wood production is the main branch of the FRM policy. When selecting the ‘parent trees’ (i.e. basic material) from which FRM will be harvested, wood quality will be the most important selection criterion in those Member States.
In other Member States, FRM is produced to serve several purposes and create multifunctional ecosystems. Certain parts of the forests are accessible to humans and animals and fulfil social and cultural functions, while other parts of the forest are protected by fences with the aim of biodiversity conservation and conservation of forest genetic resources. In this case, a wide range of ‘parent trees’ with different characteristics will be selected (small versus big trees, diverse sizes of branches) to obtain a high degree of variation between those parent trees and ensure a high level of genetic diversity. A high level of genetic diversity of the FRM that will be harvested from those parent trees is also very important for climate adaptation as that FRM could be planted in areas that are climatically suitable or may in the future become climatically suitable for that FRM. This is the suitability of FRM for current and projected future climatic conditions.
The current legislation defines FRM in relation to its importance for forestry purposes in all or part of the Union, but it remains vague about the forestry purposes that are covered by the scope of the legislation. This lack of clarity has in certain cases led to situations where low-quality FRM has been planted. The planted trees may initially grow well but fail to produce seeds 10-20 years after having been planted. This may in the long-term lead to economic losses for the timber and pulp industry. In the worst-case scenario it could lead to failure of forest ecosystems because forests are more vulnerable to drought, pest attacks and other disturbances. It is therefore necessary to clarify the scope of the EU legislation by listing the purposes for which it is important to use high-quality FRM in the proposed Regulation.
Forests provide the raw material (wood and non-wood such as food and medical plants) for growing bioeconomy value chains substituting fossil-based or otherwise harmful products. Through the purpose of the production of wood and biomaterials, the proposed Regulation supports the extended forest-based value chains which currently count 4,5 million jobs in the EU 7 .
As already mentioned above, it should furthermore be ensured that Member States can produce FRM for the purposes that are relevant in their territory. Member States must be thus allowed to decide on the selection criteria that will be applied to the basic material in view of the intended purpose of that FRM. Moreover, the planting of high-quality FRM in area with favourable climatic and ecological conditions contributes to achieving the intended purpose of that FRM.
For example, FRM can be harvested from basic material that has been assessed and approved for the purpose of wood production. If such FRM is planted under favourable conditions, it will produce a higher volume of wood compared to the average wood production of FRM that is not planted under favourable conditions. Likewise, FRM can be harvested from basic material that has been selected and assessed for its adaptation to the local and regional climatic and ecological conditions with respect to the biotic and abiotic factors in that area. Such FRM planted under favourable conditions for the purpose of climate adaptation will contribute to the resilience of forests to extreme weather and their adaptation to changing climatic conditions. Forested land is, by far, the main contributor to the EU carbon sink and will play an essential role in meeting the EU’s ambitious objective of climate neutrality by 2050.
The proposed Regulation is replacing Directive 1999/105/EC, clarifying its scope and updating its provisions.
It has the following general objectives:
(a)To ensure a level playing field for operators across the EU;
(b)To support innovation and competitiveness of the EU FRM industry;
(c)To contribute to addressing sustainability, biodiversity and climate-related challenges.
It has the following specific objectives:
(a)To increase clarity and coherence of the legal framework through simplified, clarified and harmonised basic rules on fundamental principles presented in a modern legal form;
(b)To enable the uptake of new scientific and technical developments (in particular, innovative production processes, bio-molecular techniques and digital solutions);
(c)To ensure availability of FRM suitable for future challenges;
(d)To support the conservation and sustainable use of forest genetic resources.
(e)To harmonise the framework for official controls on FRM;
(f)To improve coherence of FRM legislation with the Plant health legislation.
The proposed Regulation is part of the Regulatory Fitness Programme (REFIT).
•Consistency with existing policy provisions in the policy area
The proposed Regulation has links to EU policies on plant health (Regulation (EU) 2016/2031 of the European Parliament and of the Council 8 ) and official controls (Regulation (EU) 2017/625 of the European Parliament and of the Council 9 ).
The rules in Regulation (EU) 2016/2031 concerning pests will also apply to the production and marketing of FRM. The official label for FRM will be combined with the plant passport established by that Regulation.
The FRM rules will be included in the scope of Regulation (EU) 2017/625 concerning official controls. This will ensure consistency with the other EU acts concerning the production and marketing of plants (Regulation (EU) 2016/2031 and the proposed Regulation on the production and marketing of plant reproductive material), which are also part of the EU legal regime of official controls.
•Consistency with other EU policies
The forestry policy in the EU values the central and multi-functional role of forests and forest ecosystems and recognises that forests are under increasing pressure, caused by extreme weather events, pests and diseases as a result of the climate change. Increasing disturbance frequency and intensity, for example by bark beetle outbreaks, results in greenhouse gas emissions, biodiversity loss and economic loss. They may also cause abrupt increases of salvage logging with a direct impact on the market across countries.
The proposed Regulation contributes to the overall policies of the European Green Deal and related legislation and strategies: the European Climate Law, the new EU Strategy on adaptation to climate change, the New EU Forest Strategy for 2030 and the EU Biodiversity Strategy for 2030.
The proposed Regulation will help achieve the objectives of the European Climate Law and the EU Adaptation Strategy by facilitating the planting of the right tree in the right place. This will create significant benefits for foresters, the forest bioeconomy and the society as a whole.
The requirement for Member States to prepare national contingency plans will ensure a sufficient supply of FRM to reforest areas affected by extreme weather events, wildfires, disease and pest outbreaks, disasters or any other event. The contingency plans policy reflects the general preparedness actions that Member States should take under the Union Civil Protection Mechanism including the conduct of national risk assessments 10 .
The proposed Regulation aims to contribute to the objectives of the New EU Forest Strategy for adapting forests to climate change and restoring forests affected by climate-related damage, by introducing measures promoting the production of FRM suitable for future climatic conditions. Through the establishment of national contingency plans and the planting of the right tree in the right place this Regulation helps ensure that future generations will continue to be able to enjoy the social and cultural functions of forests.
The proposed Regulation will help conserve forest genetic resources and enhance biodiversity, by facilitating the placing on the market of FRM intended for the conservation and sustainable use of forest genetic resources.
Finally, the proposed Regulation creates the framework for introducing digital technologies, to record all certification activities in an on-line platform in accordance with the objectives of the European Digital Strategy 11 .
Inhoudsopgave
•Legal basis
The proposal introduces rules necessary for the pursuit of the objectives of the common agricultural policy, in the sector of the production and marketing of FRM in the EU.
In this respect, the following two legal bases have been selected:
–Article 43 i of the Treaty on the Functioning of the European Union (TFEU), which provides the legal basis for adopting the provisions necessary for the pursuit of the objectives of the common agricultural policy.
•Subsidiarity (for non-exclusive competence)
According to Article 4 i, point (d),) TFEU shared competence between the EU and the Member States applies in the area of agriculture and fisheries, excluding the conservation of marine biological resources.
Since the adoption of Directive 1999/105/EC, all fields of marketing of FRM have been regulated at EU level to a very large extent. This has been a major contributor to the establishment of an internal market in FRM. The impact assessments carried out in 2013 and 2023 confirmed that the EU rules in place on the marketing of FRM have had a generally positive impact on the free movement, the availability and quality of FRM on the EU market and have thus facilitated trade within the EU. A more harmonised approach with regard to the production and marketing of FRM, cannot be sufficiently achieved at Member State level, because of the complexity, and the international character. The response to the cross-border challenges in relation to climate change, biodiversity and sustainability would be better achieved at EU level. The EU may therefore adopt measures regarding the production and marketing of high-quality FRM that is suitable for climatic and ecological conditions, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union.
•Proportionality
As discussed in Chapter 7.4 of the impact assessment accompanying this proposal, the measures proposed are limited to actions that need to be taken at EU level in order to be effective and efficient. To achieve these needs, Directive 1999/105/EC will be replaced by a Regulation on FRM. This type of instrument is considered most suitable, considering that a key element of the proposal is to establish more harmonised measures for Member States.
Uniform requirements for the production and marketing of FRM are the only way to (i) ensure that FRM has a high level of quality for users, that the internal market functions well and that there is a level playing field for the operators, (iii) ensure sustainable afforestation and reforestation, biodiversity conservation and restoration of forest ecosystems, and to (iv) support wood and biomaterials production, climate adaptation, climate mitigation and the conservation and sustainable use of forest genetic resources. To adapt the technical requirements to climatic and ecological conditions Member States may, under certain conditions, lay down more stringent national requirements. Moreover, for the registration of basic material and FRM certification, flexibility and harmonisation are balanced with the flexibility for Member States to implement those rules in a way that is adapted to their local climatic and ecological conditions. The legislation also contains measures to strengthen sustainability and respond to the call to adapt to climate change.
•Choice of instrument
The proposal takes the form of a Regulation of the European Parliament and of the Council. Other means would not be appropriate because the objectives can be achieved most efficiently by fully harmonised requirements throughout the EU, ensuring free movement of FRM.
•Ex-post evaluations/fitness checks of existing legislation
In 2019, the Council 12 asked the Commission to present a study on the Union’s options to update the existing legislation on the production and marketing of plant reproductive material (‘PRM study’) 13 . That study was supported by an external data gathering study 14 . The PRM study identified 5 key problems with the existing legislation.
These concerned:
(1)the non-harmonised implementation of the legislation causing a non-level playing field for operators;
(2)complex and rigid procedures, creating a cumbersome decision-making process;
(3)the rigidity of the legal framework posing difficulties to address policy issues identified in the European Green Deal and its related strategies;
(4)the lack of a harmonised and risk-based framework for official controls, causing a non-level playing field for official controls;
(5)the lack of provisions in the legal framework to take account of scientific and technological progress.
The 2019 Council request contained a revision clause that provided the Commission with a mandate to present a legislative proposal, if appropriate in view of the outcome of the aforementioned study.
•Stakeholder consultations
The impact assessment accompanying the Regulation on FRM involved a wide range of consultations addressing all types of stakeholders comprising an inception impact assessment, a public consultation, working groups with competent authorities and stakeholders and bilateral meetings with stakeholder organisations.
●There were 66 responses to the consultation on the inception impact assessment from 16 countries and 2449 responses to the public consultation from 29 countries;
●Thirty-nine respondents to the inception impact assessment and 181 respondents to the public consultation submitted a position paper;
●There were targeted consultations to gather more specialised feedback from competent authorities and SMEs that resulted in 25 and 251 responses, respectively;
●A targeted survey carried out by an external consultant supporting the Commission’s impact assessment returned 99 responses;
●The consultant furthermore conducted 13 in-depth interviews and organised a focus group containing 4 participants.
There was overall support for keeping the FRM legislation separated from the legislation on other PRM. All respondents called for the existing pillars of registration of basic material and FRM certification to be retained. The majority of respondents highlighted the necessity of retaining flexibility to allow Member States to decide which FRM is adapted to their local and regional climatic and ecological conditions.
Because the scope of the Directive 1999/105/EC is vague about the purposes that are covered, Member States have had different interpretations and understanding of what is included in the scope of Directive 1999/105/EC. For example, agroforestry is considered within the scope of the Directive in some Member States but not in others. As a result, in those Member States where agroforestry is considered outside the scope of Directive 1999/105/EC, FRM from regulated species can be sold for agroforestry purposes without the approval of basic material. Respondents to the stakeholder consultations expressed mixed views as regards the purposes that should be covered by the scope of the FRM legislation.
Most operators agreed that aligning the requirements for official controls is desirable. Most stakeholders opposed to include the FRM legislation in the scope of the Official Controls Regulation because of the specificity of official controls in this sector, and called for official controls, to remain under the control of the respective competent forest authority. However, it is expected that the benefits of inserting the FRM legislation into the scope of the OCR will outweigh the disadvantages. Stakeholders also were concerned about the potential increase in administrative burden. Most stakeholders called for some flexibility to be maintained in the organisation of official controls and for the costs to be kept as low as possible.
Most stakeholders agreed that the use of bio-molecular techniques and digital solutions could bring benefits and called for the legal framework to allow the latest technologies to be applied, in line also with developments in international standards.
Detailed information about the stakeholder consultations can be found in chapter 5.2.5 and Annex 2 of the impact assessment.
•Collection and use of expertise
An external consulting company contracted by the Commission conducted a study in support of the impact assessment 15 . The company and its experts worked closely with the relevant Commission departments during the various stages of the study.
The consultant gathered additional data and comments through desk research, a targeted survey, a focus group and in-depth interviews with stakeholders. The support study considered the problem definition, the case for EU action, the objectives of policy intervention and the baseline scenario. It assessed the potential impacts of three options, each including variations on up to 19 specific measures, being proposed by the Commission.
The support study served to refine the policy options and select the preferred policy option.
•Impact assessment
This proposal is based on an impact assessment which received a ‘positive opinion with reservations’ from the Regulatory Scrutiny Board on 17 February 2023.
There are two main problems identified with the current FRM legal framework:
1.There is a non-harmonised internal market characterised by divergent conditions for operators and marketed FRM across Member States. The implementation of various aspects of the legislation differs between Member States because (i) the legislation leaves room for interpretation, (ii) Member States tried to find practical solutions to overcome rigid provisions and (iii) the legislation has not followed new developments in science and technology in good time.
2.The legislation is not aligned with the objectives of the European Green Deal and the related strategies. There are restrictions in relation to the genetic diversity of FRM, a lack of sustainability characteristics and the incomplete scope of the FRM legislation. There is an insufficient supply of high-quality certified FRM due to the increasing demand for FRM for reaching the EU target of planting 3 billion additional trees by 2030 aiming to double the number of trees planted per year and having in mind the purposes of wood and biomaterials production, biodiversity conservation and restoration of forest ecosystems. The increasing occurrence of extreme weather and disasters, in combination with an insufficient assessment of sustainability characteristics for the lower FRM categories, has put pressure on the supply of suitable FRM and thus on the resilience of forest ecosystems.
The general objective of this initiative is to ensure, for all types of users, the availability of FRM of high quality and diversity of choice, adapted to current and projected future climatic conditions. At a next level, this will in turn help protect biodiversity and restore forest ecosystems.
The impact assessment compiled all possible measures for analysis, based on (i) an external data gathering study supporting a Commission study on the EU’s options to update the legislation on PRM, (ii) a study in support of the impact assessment conducted by an external consultant and (iii) the aforementioned stakeholder consultation activities.
The diverse, complex and often interrelated measures were grouped under three policy options, all of which are compared to a ‘no policy change’ scenario. Three options were assessed. Option 1 offered the most flexibility while option 3 offered the most harmonisation, so as to minimise differences in how the legislation is implemented. Option 2 balanced the need for flexibility with a higher degree of harmonisation to overcome the problems stemming from differences in interpretation.
All options contained a number of common elements: (i) simplified administrative procedures and a more flexible decision-making process and (ii) harmonisation with the plant health legislation.
1.Option 1 - Highest level of flexibility: Option 1 would lay down minimum requirements for FRM official controls, but without linking those to the Official Controls Regulation. It would adopt guidelines on the use of innovative production processes, bio-molecular techniques and digital solutions. The FRM legislation would only cover production for ‘forestry purposes’ to ensure the availability of high-quality FRM for afforestation/reforestation. Sustainability requirements would be extended to the lower FRM categories. Guidelines would be introduced on contingency planning for major FRM shortages, in the event of extreme weather and disasters.
2.Option 2 - Balancing flexibility and harmonisation (preferred option): Option 2 would bring the official controls on FRM under the scope of the Official Controls Regulation, but with simplified import controls at appropriate places within the EU, to ensure a more targeted and efficient enforcement of the existing rules. Basic principles would be included in the legislation for the use of innovative production processes, bio-molecular techniques and digital solutions. The FRM legislation would cover production for ‘forestry’ and ‘non-forestry’ purposes, to increase FRM availability and quality beyond afforestation/reforestation uses. Sustainability requirements would be extended to the lower FRM categories. General legal requirements would be introduced for contingency planning for major FRM shortages in the event of extreme weather and disasters.
3.Option 3 – Highest level of harmonisation: Option 3 would bring the official controls on FRM under the scope of the Official Controls Regulation, with stricter import controls at border control posts, requiring special import documentation to strengthen and fully harmonise enforcement. Detailed and binding rules would be included in the legislation for the use of innovative production processes, bio-molecular techniques and digital solutions. The FRM legislation would cover production for ‘forestry’ and ‘non-forestry’ purposes to increase FRM availability and quality beyond afforestation/reforestation uses. Sustainability requirements would be extended to the lower FRM categories and be subject to harmonised rules. Common rules would be introduced for contingency planning to prepare for major FRM shortages in the event of extreme weather and disasters.
Based on the outcome of the impact assessment, the Commission concluded that policy option 2 is the best option to effectively address all the objectives of the revision of FRM legislation in efficiently and consistently.
The preferred option will bring efficiency gains for operators and competent authorities through (i) the possibility for operators to print the official label under official supervision, (ii) harmonisation with the plant health legislation, (iii) the introduction of risk-based official controls and the possibility to use bio-molecular techniques and (iv) digital solutions in the registration and certification systems. FRM with improved sustainability characteristics will contribute to the adaptation and mitigation of the already visible impact of climate change on forests, therefore delivering important environmental benefits. National contingency plans will ensure a sufficient supply of FRM to reforest areas affected by extreme weather events, wildfires, disease and pest outbreaks, or other disasters. The risk of planting low-quality FRM will thus be reduced. Finally, benefits are expected for the conservation and sustainable use of forest genetic resources through a specific derogation.
The proposed Regulation clarifies that FRM is used for afforestation, reforestation and other types of tree planting for various purposes. As regards the scope of the Regulation, it was considered most appropriate that it explicitly covers the purposes for which it is deemed important to use high-quality FRM. This is necessary in order to ensure that only the most suitable FRM for those purposes is used and to avoid economic losses and environmental damages caused by the use of low-quality FRM.
•Regulatory fitness and simplification
The proposal introduces a simpler and less burdensome regulatory regime for FRM serving the purposes of conservation of genetic resources and their sustainable use, by replacing the approval procedure of basic material that is intended for the production of such FRM by a notification procedure.
It will enable professional operators to print the official label under official supervision by the competent authorities, if they so wish once the competent authorities have concluded that the FRM is certified. Several processes will be simplified. Those simplification measures, benefit both SMEs and micro-enterprises. Finally, the proposal introduces new features concerning the digitalisation of the FRM sector.
•Fundamental rights
The proposed regulation respects all provisions of the Charter of Fundamental Rights of the European Union, and especially by setting out rules aiming at freedom to conduct business, avoidance of discrimination, and consumer and environmental protection.
There are no budgetary implications.
•Implementation plans and monitoring, evaluation and reporting arrangements
By the fifth year after the date of application of this Regulation, and every five years thereafter, Member States are required to submit a report to the Commission on several aspects of the use of derogations and policies aiming to conservation of genetic resources, agro-biodiversity and simplified procedues for small producers. This is necessary in order to review the effectiveness of those new policies and examine whether improvements would be needed. Specifically, these concern reporting on the following elements:
●the annual quantities of certified FRM;
●the adopted national contingency plans;
●the information available to users on where to best plant FRM, on websites and/or in planters’ guides;
●the number of FRM entries containing information on the suitability of FRM for climatic and ecological conditions;
●the number of FRM notifications for the purpose of conserving forest genetic resources;
●the quantities of imported FRM;
●the penalties imposed.
•Detailed explanation of the specific provisions of the proposal
(i)Scope
The proposed Regulation applies to FRM of species and artificial hybrids, which is used in afforestation, reforestation and other types of tree planting for the purposes of wood and biomaterials production, biodiversity conservation, restoration of forest ecosystems, climate adaptation, climate mitigation, and conservation and sustainable use of forest genetic resources.
(ii)Basic material and categories
Only basic material approved by the competent authorities may be used to produce and market FRM. For the same reason, only FRM derived from such basic material may be placed on the market.
The following 6 types of basic material, from which FRM could be harvested, are kept as they appear in Directive 1999/105/EC: seed source, stand, seed orchard, parents of family(ies), clone and clonal mixture.
The competent authorities will assess the sustainability characteristics of basic material during the procedure for approving that basic material. The characteristics concern the adaptation of the basic material to the local climatic and ecological conditions and the freedom of trees from pests and their symptoms.
The procedure for approving basic material will include the use of bio-molecular techniques as a complementary method, and innovative clonal FRM production techniques.
After FRM is harvested, a master certificate will be issued by the competent authorities for all FRM derived from approved basic material. This certificate ensures that the FRM is identifiable, that it carries information about the origin of the basic material from which it has been harvested, and provides the most appropriate data for its users and the competent authorities responsible for its official controls. The master certificate may also be issued in electronic form.
FRM is to be certified as ‘source-identified’, ‘selected’, ‘qualified’ and ‘tested’ by the competent authorities, and marketed with a reference to those categories, in order to adapt to the respective standards of the OECD Forest Seed and Plant Scheme. Specific rules for the approval of basic material are set out for each category, which are largely identical to the ones established by Directive 1999/105/EC.
In the case of basic material intended for producing FRM in the ‘source-identified’ and ‘selected’ categories, the Member States will, for the relevant species, demarcate the regions of provenance, in order to identify an area or groups of areas with sufficiently uniform ecological conditions and containing basic material with similar phenotypic or genetic characteritsics.
This is necessary because the FRM produced from that basic material will be marketed with reference to those regions of provenance.
(iii)Professional operators.
Professional operators may be authorised by the competent authority to print, under official supervision, the official label for certain species and categories of FRM. Rules are set out withdrawing or modifying that authorisation, to make sure the system functions effectively.
They will be registered in accordance with Regulation (EU) 2016/2031 of the European Parliament and of the Council. This is necessary for the efficiency and avoidance of double registration, because the professional operators covered by this Regulation coincide to a great extent with the ones covered by the scope of Regulation (EU) 2016/2031.
Before purchasing FRM, professional operators will make available to the potential buyers of their FRM all necessary information concerning its suitability for climatic and ecological conditions.
(iv)Registers of FRM and contingency plans
Each Member State will establish, publish and keep updated, in electronic format, (i) a national register of the basic material for the various species and artificial hybrids approved on its territory, and (ii) a national list, which should be presented as a summary of the national register. The national list should be presented in a common form for each unit of approval. It will contain information on the botanical name, category of FRM, purpose, basic material, register reference, location, altitude or altitudinal range, area, origin and in the case of FRM of the ‘tested’ category, whether it is genetically modified or has been produced by certain new genomic techniques 16 .
For the same reason, the Commission should publish in electronic format a Union list of approved basic material for producing FRM, on the basis of the national lists provided by each Member State. That Union list is referred to as the Commission’s Forest Reproductive Material Information System (‘FOREMATIS’).
Each Member State must draw up and keep up to date a contingency plan to ensure a sufficient supply of FRM to reforest areas affected by extreme weather events, wildfires, disease and pest outbreaks, or other disasters
(v)Handling requirements and digitalisation
FRM will be kept separate by reference to individual units of approval and will be produced and marketed in lots.
Seeds will be marketed only if they conform to certain quality standards. They will be labelled and marketed only in sealed packages.
The proposed Regulation will meet the aim of the EU Digital Strategy to make the transformation to digital technologies work for people and businesses. It should therefore contain an empowerment that will establish rules regarding (i) the digital recording of all actions taken to issue the master certificate and the official label, respectively, and (ii) the establishment of a centralised platform facilitating the processing of, access to, and use of those records. In this respect, the use of electronic labels should also be allowed.
(vi)Derogations and conservation purposes
During periods in which there are temporary difficulties in obtaining supplies of certain species of FRM, basic material satisfying less stringent requirements will be temporarily approved for the production of FRM belonging to the species concerned.
Temporary experiments will be organised at EU level to seek improved alternatives as regards provisions set out in this Regulation.
The requirements for basic material intended for the purpose of conservation and sustainable use of forest genetic resources will be different from those for basic material intended for producing FRM in the categories ‘source-identified’, ‘selected’, ‘qualified’ and ‘tested’. The objective being to help increase diversity within a single tree species and respond to the decline in biodiversity.
(vii)Imports
FRM will be imported from third countries only if it is established that it fulfils requirements equivalent to those applicable to FRM produced and marketed in the EU. This is necessary to ensure that such imported FRM offers the same level of quality as the FRM produced in the EU.
The professional operators will inform the respective competent authority in advance of the importation of seed, planting stock and other parts of plants, through the information management system for official controls (IMSOC) set up pursuant to Regulation (EU) 2017/625. Imported FRM will be accompanied by a master certificate or an official certificate issued by the third country of origin, and records containing details of that material, provided by the professional operator in that third country. An official label will be attached to that FRM.
The rules in Regulation (EU) 2016/2031 concerning pests will also apply to the production and marketing of FRM under the proposed Regulation. The proposed Regulation includes an amendment of Regulation (EU) 2016/2031, introducing the possibility that the official label for FRM is combined with the plant passport in a single format.
It further introduces an amendment to Regulation (EU) 2017/625 to include FRM rules under the scope of the EU legislation on official controls. The basic rules and principles of official controls will also apply for the production and marketing of FRM, including the ones for the powers of authorities, delegation of tasks, and certification. The Commission will be empowered to adopt special rules for official controls on FRM marketing and professional operators, as needed. In the case of imports, the general rules will apply on a risk basis.
The proposed Regulation will apply 3 years after its entry into force, to offer the appropriate time for the competent authorities and professional operators to adapt to the new rules. It will also give the Commission time to adopt the necessary delegated and implementing acts.