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 ...
document	COM(2023)415
datum	5 juli 2023

(1)Council Directive 1999/105/EC 20 sets out rules on the production and marketing of forest reproductive material (‘FRM’).

(2)Forests cover some 45% of the land area in the Union and fulfil a multifunctional role that comprises social, economic, environmental, ecological and cultural functions. Forests have a premordial function as a carbon sink in the climate mitigation policy. High-quality, climate-adapted and diverse FRM is essential to cover these needs.

(3)In the light of new technical and scientific developments, the update of the Rules and Regulations of the Organisation for Economic Co-operation and Development (OECD) Scheme for the Certification of Forest Reproductive Material Moving in International Trade 21 (‘OECD Forest Seed and Plant Scheme’), the new policy priorities of the Union in relation to sustainability, climate change adaptation and biodiversity and in particular the European Green Deal 22 , as well as the experience gained during the implementation of Directive 1999/105/EC, that Directive should be replaced by a new act. In order to ensure uniform application of the new rules throughout the Union, the act should take the form of a Regulation.

(4)The aim of the OECD Forest Seed and Plant Scheme is to encourage the production and use of seeds, parts of plants and plants that have been collected, processed and marketed in a manner that ensures a high quality and availability of FRM. Due to the length of forest cycles and the cost of plantations and long-term forest investment, it is essential that foresters get fully reliable information on the origin and on the genetic characteristics of the FRM they use in plantation. The OECD Forest Seed and Plant Scheme meets that need by means of certification and traceability. It has a major role in helping the world’s forests adapt to changing climatic conditions. Emphasis is placed on preserving species diversity and ensuring high genetic diversity within species and seed lots thereby enhancing the adaptive potential of FRM for the future replanting of an area with trees (‘reforestation’) and the creation of new forests (‘afforestation’). Reforestation may be required when parts of an existing forest have been affected by extreme weather events, wildfires, outbreaks of disease and pest outbreaks, or other disasters.

(5)The European Green Deal sets out the Commission’s commitment for tackling climate change and environmentally-related challenges. It aims to transform the Union’s economy for a sustainable future. The Union rules on the production and marketing of FRM need to be in line with Regulation (EU) 2021/1119 of the European Parliament and of the Council establishing the framework for achieving climate neutrality 23 and with the three implementing strategies of the European Green Deal: the new EU Strategy on Adaptation to Climate Change 24 , the new EU Forest Strategy for 2030 25 and the EU Biodiversity Strategy for 2030 26 .

(6)Regulation (EU) 2021/1119 requires relevant Union institutions and Member States to ensure continuous progress in enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change. One of the aims of the new EU Strategy on Adaptation to Climate Change is therefore to accelerate the adaptative capacity of the Union to climate change, by amending the rules on FRM, amongst others. The Union legislation should encourage the Union wide production and marketing of FRM. To this end, the possibility for Member States to restrict the approval of certain basic material and to prohibit the marketing of certain FRM to final users, as it it set out in Directive 1999/105/EC, should be abolished.

(7)The new EU Forest Strategy for 2030 has as its key objectives effective afforestation, and forest preservation and restoration in the Union, to help increase the absorption of CO2, reduce the incidence and extent of forest fires, and promote the bio-economy, in full respect of ecological principles favourable to biodiversity. Ensuring forest restoration and reinforced sustainable forest management are essential for climate adaptation and forest resilience. In this regard, the new EU Forest Strategy states that adapting forests to climate change and restoring forests following climate damages will require large quantities of appropriate FRM. This implies efforts to secure and sustainably use the forest genetic resources on which a more climate-proof forestry depends. Efforts are also needed to increase the production and availability of such FRM, to provide better information on its suitability for climatic and ecological conditions and to enhance its collaborative production and transfer across national borders within the Union. Professional operators should thus be required to provide beforehand information to the users about the suitability of FRM for climatic and ecological conditions.

(8)The EU Biodiversity Strategy for 2030 aims to put Union biodiversity on the path to recovery by 2030. Within the framework of that strategy, Union legislation is to place emphasis on the preservation of species diversity and ensure high genetic diversity within species and seed lots. This aims to facilitate the supply of high-quality and genetically diverse FRM that is adapted to current and projected future climatic conditions. The conservation and improvement of biodiversity of forests, including the genetic diversity of the trees, are essential to sustainable forest management and for supporting forests’ adaptation to climate change. Tree species and artificial hybrids under this Regulation should be genetically suited to the local conditions and be of high quality.

(9)There is a long-term cross-border dimension due to the fact that the already observed northward migration of vegetation zones is expected to accelerate significantly in the coming decades. Hence the requirement in this Regulation for providing information about the zones where seed can be planted or FRM is adapted to the local conditions would be an extremely useful asset to foresters. Competent authorities should therefore designate zones specifying that in these zones the seed is suited to the local conditions and can be sown (‘seed transfer zones’). Likewise, they should designate areas specifying that in these areas FRM is adapted to the local conditions (‘deployment areas’).

(10)Directive 1999/105/EC defines FRM in relation to its importance for forestry purposes in all or part of the Union but it remains vague about those forestry purposes. For the sake of clarity, the scope of this Regulation lists the purposes for which it is important to use high-quality FRM.

(11)FRM may be produced for use in afforestation/reforestation and other types of tree planting and for several different purposes such as wood and biomaterials production, biodiversity conservation, restoration of forest ecosystems, climate adaptation, climate mitigation, and conservation and sustainable use of forest genetic resources.

(12)Research has shown that the assessment and approval of basic material in relation to the specific purpose for which the FRM will be used are of utmost importance. In addition to that, the planting of high-quality FRM at the right place has a positive impact on the purpose for which that FRM is used. At the right place means that the FRM is genetically and phenotypically suited to the site where it is grown, including the relevant climate projections for it.

(13)In order to ensure a sufficient supply of FRM in response to the increased demand for FRM, it is necessary to remove any actual or potential barriers to trade, which may hinder the free movement of FRM within the Union. This aim can be achieved only if the respective Union rules on FRM impose the highest possible standards.

(14)The Union rules on the production and marketing of FRM should take into account practical needs and should apply only to certain species and artificial hybrids which are are listed in Annex I to this Regulation. Those species and artificial hybrids are important for the production of FRM for afforestation, reforestation and other types of tree planting for the purpose of wood and biomaterials production, biodiversity conservation, restoration of forest ecosystems, climate adaptation, climate mitigation, and conservation and sustainable use of forest genetic resources.

(15)The aim of this Regulation is to ensure the production and marketing of high-quality FRM. To help create resilient forests and restore forest ecosystems, users should be informed prior to the purchase of FRM about the suitability of that FRM for the climatic and ecological conditions of the area where it will be used.

(16)To ensure that certified FRM will be adapted to the climatic and ecological conditions of the area where it is planted, the competent authorities should assess the sustainability characteristics of basic material during the procedure for approving that basic material. Those sustainability characteristics should concern the adaptation of that basic material to the climatic and ecological conditions and the freedom of trees from pests and their symptoms.

(17)FRM should only be harvested from basic material that has been assessed and approved by the competent authorities in order to ensure the highest possible quality of that FRM. Approved basic material should registered in a national register with a unique register reference and with reference to a unit of approval.

(18)In order to adapt to the scientific and technical developments of international standards, the use of bio-molecular techniques should be included as a complementary method in the procedure for the approval of basic material. Those bio-molecular techniques should be allowed to assess the origin of basic material or to screen the basic material for the presence of disease resistance traits through molecular markers.

(19)A master certificate should be issued by the competent authorities of the respective Member States for all FRM that is derived (i.e. harvested) from approved basic material. Such master certificate ensures the identification of the FRM, contains information about its origin and provides the most appropriate details for its users and the competent authorities in charge of its official control. It should be allowed to issue the master certificate in an electronic form.

(20)Only FRM that has been harvested from approved basic material should be allowed to be subsequently certified and placed on the market. FRM should be certified as ‘source-identified’, ‘selected’, ‘qualified’ and ‘tested’ by the competent authorities and be marketed with a reference to those categories. Those types of categories show which of the characteristics of the basic material have been assessed and they indicate the quality of the FRM. For lower quality FRM (‘source-identified’ and ‘selected’ categories), basic material will be checked for basic characteristics. For higher quality FRM (‘qualified’ and ‘tested’ categories), parent trees will be selected for outstanding characteristics and crossing schemes designed. In the case of FRM of the ‘qualified’ category, the superiority of the FRM estimated on the basis of the characteristics of the parent trees. In the case of the ‘tested’ category, the superiority of that FRM must be demonstrated in comparison with either the basic material from which that FRM has been harvested or with a reference population. The ‘source-identified’, ‘selected’, ‘qualified’ and ‘tested’ categories of FRM should be subject to uniform production and marketing requirements, to ensure transparency, equal terms of competition and the integrity of the internal market.

(21)The certification rules should be clarified in the case of FRM that has been produced through innovative production processes and in particular FRM production techniques for the production of a specific type of FRM, namely clones. As the place of production of those clones may be different from the location of the original tree (i.e. basic material) from which the clone(s) has been derived, the rules should be amended to guarantee traceability.

(22)The requirements for basic material intended for the purpose of conservation and sustainable use of forest genetic resources are different from those for basic material intended for the production of FRM for commercial purposes, because of the different selection criteria applied for these two types of basic material. For the purpose of conserving and sustainably using forest genetic resources, all trees from a stand of trees in the forest should be kept. This is necessary to help increase the genetic diversity within a single tree species. On the other hand, only trees with superior characteristics should be selected in the case of basic material intended for the production of FRM for commercial purposes. Member States should therefore be allowed to derogate from the applicable rules as regards the approval of basic material and notify this basic material intended for the purpose of conserving forest genetic resources to the competent authority.

(23)The source-identified category is the minimum standard required for the marketing of FRM, because little or no phenotypic selection of the basic material intended for the production of FRM of the source-identified category has taken place. To ensure traceability, the professional operator should record the location of the basic material (i.e. provenance) from which FRM is collected. The origin of that basic material should be stated if known. This is in line with the OECD Forest Seed and Plant Scheme’ and the experience gained with Directive 1999/105/EC.

(24)Pursuant to the OECD Forest Seed and Plant Scheme and following the application of Directive 1999/105/EC, the competent authority should assess basic material intended for the production of FRM of the selected category based on the observation of the characteristics of that basic material, taking account of the specific purpose for which the FRM harvested from that basic material is to be used. The overall quality of that category should be ensured. As the population should show a high degree of uniformity, trees that have inferior characteristics (e.g. smaller size) in comparison to the average tree size in the overall population should be removed.

(25)In order to produce FRM of the qualified category, the professional operator should select the components of the basic material that will be used in the crossing design at individual level due to their outstanding characteristics as regards, for example, adaptation to the local climatic and ecological conditions. The competent authority should approve the composition and proposed crossing design of those components, the field layout, the isolation conditions and location of that basic material. This is important in order to align with the applicable international standards pursuant to the OECD Forest Seed and Plant Scheme Scheme’and to take into account the experience gained from Directive 1999/105/EC.

(26)Basic material that is intended for the production of FRM of the tested category should be subject to the most stringent possible requirements. Determining the superiority of FRM should be made by comparing it with one or preferably several approved or pre-chosen standards. The professional operator selects those standards on the basis of the purpose for which the FRM of the tested category will be used. In this regard, if the purpose of that FRM will be climate adaptation, then the FRM will be compared with standards having a good performance as regards adaptation to the local climatic and ecological conditions (e.g. practical freedom from pests and their symptoms). Following the selection of the components of basic material, the professional operator should demonstrate the superiority of the FRM by comparative testing or estimate its superiority by evaluating the genetic components of that basic material. The competent authority should be involved in each step of this process. It should approve the experimental design and tests for the aproval of the basic material, verify the records provided by the professional operator and approve either the results of the tests concerning the superiority of the FRM or the genetic evaluation as appropriate. This is necessary, in order to align with the applicable international standards pursuant to the OECD Forest Seed and Plant Scheme and other applicable international standards, and to take into account the experience gained from Directive 1999/105/EC.

(27)The assessment of basic material intended for the production of FRM of the tested category takes on average 10 years. In order to ensure faster market access of FRM of the tested category, while the assessment of the basic material is still ongoing, Member States should have the possibility to temporarily approve such basic material, for a maximum period of 10 years, in all or part of their territory. That approval should be granted only if the provisional results of the genetic evaluation or comparative tests indicate that that basic material will satisfy the requirements of this Regulation when the tests will be completed. This early assessment should be re-examined at a maximum interval of ten years.

(28)Compliance of FRM with the requirements for the categories ‘source-identified’, ‘selected’, ‘qualified’ and ‘tested’ should be confirmed by inspections carried out by the competent authorities as appropriate for each category (‘official certification’) and should be attested by an official label.

(29)Genetically modified FRM may only be placed on the market if it is safe for human health and the environment and has been authorised for cultivation pursuant to Directive 2001/18/EC of the European Parliament and of the Council 27 or Regulation (EC) 1829/2003 28 and if that FRM belongs to the tested category. FRM obtained by certain new genomic techniques may only be placed on the market if it complies with the requirements of Regulation (EU) [Publications Office, please insert reference to Regulation (EU) of the European Parliament and of the Council on plants obtained by certain new genomic techniques and their food and feed 29 and if that FRM belongs to the tested category.

(30)The official label should contain information on basic material that contains or consists of a genetically modified organism or that has been produced by certain new genomic techniques.

(31)Professional operators should be authorised by the competent authority to print the official label under official supervision for certain species and categories of FRM. This will give more flexbility to the professional operators in relation to the subsequent marketing of that FRM. However, professional operators can only start printing the label once competent authority has certified the FRM concerned. That authorisation is necessary due to the official character of the official label and to guarantee the highest possible quality standards for the users of FRM. Rules should be set out for the withdrawal or modification of that authorisation.

(32)Member States should be allowed to impose additional or more stringent requirements for the approval of basic material produced in their own territory, subject to authorisation granted by the Commission. This would enable the implementation of national or regional approaches concerning the production and marketing of FRM and aimed at improvement of the quality of the FRM concerned, protection of the environment, or contribution to the protection of biodiversity and the restoration of forest ecosystems.

(33)In order to ensure transparency and more effective controls on the production and marketing of FRM, professional operators should be registered in the registers established by Member States pursuant to Regulation (EU) 2016/2031 of the European Parliament and of the Council 30 . Such registration reduces the administrative burden for those professional operators. It is necessary for the efficacy of the official register of professional and to avoid double registration. The professional operators under the scope of this Regulation are to a big extent covered by the scope of the official register of professional operators under Regulation (EU) 2016/2031.

(34)Prior to the purchase of FRM, professional operators should make available to the potential buyers of their FRM all the necessary information concerning its suitability for the respective climatic and ecological conditions, in order to allow them to select the most appropriate FRM for their region.

(35)In the case of basic material intended for the production of FRM of the ‘source-identified’ and ‘selected’ categories, the Member States should, 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 characteristics. This is necessary because the FRM produced from that basic material is to be marketed with reference to those regions of provenance.

(36)To ensure an effective overview and transparency about the FRM that is produced and marketed throughout the Union, each Member State should establish, publish and keep updated, in electronic format, a national register of the basic material of the various species and artificial hybrids approved on its territory, and a national list which should be presented as a summary of the national register.

(37)For the same reason, the Commission should publish in electronic format a Union list of approved basic material for the production of FRM, on the basis of the national lists provided by each Member State. That Union list should contain information on basic material that contains or consists of a genetically modified organism or that has been produced by certain new genomic techniques.

(38)Each Member State should 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, disasters or any other event. Rules should be set out concerning the content of that plan, in order to ensure proactive and effective action against such risks, if they emerge. Member States should be allowed to adapt the content of that plan to the specific climatic and ecological conditions in their territories. This requirement also reflects the general preparedness actions that Member States should take on a voluntary basis under the Union Civil Protection Mechanism 31 .

(39)FRM should, during all stages of production, be kept separate by reference to individual units of approval. Those units of approval should be produced and marketed in lots, that must be sufficiently homogeneous and identified as distinct from other lots of FRM. A distinction should be made between seed lots and plant lots, to identify the type of FRM and ensure traceability to the approved basic material from which FRM has been harvested. This guarantees the maintenance of the identity and quality of that FRM.

(40)Seeds should be marketed only if they conform to certain quality standards. They should be labelled and marketed only in sealed packages, in order to enable their appropriate identification, quality and traceability, and to avoid fraud.

(41)In order to meet the aim of the EU Digital Strategy 32 to make the transformation to digital technologies work for people and businesses, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (‘TFEU’) should be delegated to the Commission in respect of rules on rules on digital recording of all actions taken, for the purpose of issuing a master certificate and an official label and the establishment of a centralised platform facilitating the processing of, access to, and use of those records.

(42)During periods in which there are temporary difficulties in harvesting sufficient supplies of FRM from certain species, basic material satisfying less stringent requirements should, subject to certain conditions, be temporarily approved. Those less stringent requirements should concern the approval of basic material intended for the production of different categories of FRM. This is necessary to ensure a flexible approach under adverse circumstances and to avoid disruptions of the internal market of FRM’.

(43)FRM should only be imported from third countries, if it is established that it fulfils requirements equivalent to those applicable to FRM produced and marketed in the Union. This is necessary in order to ensure that such imported FRM affords the same level of quality as the FRM produced in the Union.

(44)Where FRM is imported into the Union from a third country, the professional operator concerned should inform the respective competent authority in advance of the import of FRM, through the information management system for official controls (IMSOC) set up pursuant to Regulation (EU) 2017/625 of the European Parliament and of the Council 33 . Moreover, imported FRM should be accompanied by a master certificate or an official certificate issued by the third country of origin, and records containing details of that FRM provided by the professional operator in that third country. An official label should be attached to that FRM, as this is necessary to ensure informed choices for the users of that FRM and facilitate the competent authorities with the conduct of the respective official controls.

(45)In order to monitor the impact of this Regulation and to allow the Commission to assess the measures introduced, Member States should report every 5 years about the annual quantities of certified FRM, the adopted national contingency plans, the information available to users on where to best plant FRM through websites and/or planters’ guides, the quantities of imported FRM and the penalties imposed.

(46)In order to adapt to the movement of vegetation zones and tree species’ ranges as a result of climate change, and any other developments of technical or scientific knowledge, including about climate change, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending the list of the tree species, and artificial hybrids thereof, to which this Regulation applies.

(47)In order to adapt to the development of scientific and technical knowledge and of the OECD Forest Seed and Plant Scheme and other applicable international standards, and to take account of Regulation (EU) 2018/848 of the European Parliament and of the Council 34 , the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending (i) the requirements concerning basic material intended for the production of FRM to be certified as ‘source-identified’, ‘selected’, ‘qualified’, and ‘tested’ and (ii) the categories under which FRM from the different types of basic material may be marketed.

(48)In order to allow a more flexible approach for the Member States, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of setting out the conditions for temporarily authorising the marketing of FRM which does not meet all the requirements of the appropriate category.

(49)In order to adapt to the technical and scientific developments, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of setting out the requirements to be fulfilled by fruit and seed lots of the species covered by this Regulation, to be fulfilled by parts of plants of the species and artificial hybrids covered by this Regulation, for external quality standards for Populus spp. propagated by stem cuttings or sets, to be fulfilled by planting stock of the species and artificial hybrids covered by this Regulation, and to be fulfilled by planting stock to be marketed to final users in regions having a Mediterranean climate.

(50)In order to adapt with the EU Digital Strategy and the technical developments in the digitisation of services, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of establishing rules concerning digital recording of all actions taken by the professional operator and the competent authorities, in order to issue the master certificate, and concerning the establishment of a centralised platform that connects all the Member States and the Commission.

(51)It is of particular importance that the Commission carry out appropriate consultations during its preparatory work for those delegated acts, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making 35 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(52)In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with respect to the establishment of specific conditions as regards the requirements and content of the notification of the basic material.

(53)In order to ensure uniform conditions for the implementation of this Regulation, and facilitate the recognisibility and use of master certificates, implementing powers should be conferred on the Commission with respect to adopting the content and the model for the master certificate of identity for FRM derived from seed sources and stands, FRM derived from seed orchards or parents of family(ies), and FRM derived from clones and clonal mixtures.

(54)In order to ensure uniform conditions for the implementation of this Regulation, and ensure a harmonised framework for the labelling and provision of information concerning FRM, implementing powers should be conferred on the Commission with respect to setting out the content of the official label, the additional information in the case of seeds and small quantities of seeds, the colour of the label for specific categories or other types of FRM, and additional information in the case of specific genera or species.

(55)In order to ensure uniform conditions for the implementation of this Regulation, and adapt to the developments concerning the digitisation of the FRM sector, implementing powers should be conferred on the Commission with respect to setting out the technical arrangements for the issuance of electronic master certificates.

(56)In order to ensure uniform conditions for the implementation of this Regulation, and to address urgent supply problems of FRM,implementing powers should be conferred on the Commission with respect to temporarily approving for marketing FRM of one or more species which satisfies less stringent requirements than the ones set out in this Regulation concerning the approval of basic material.

(57)In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with respect to deciding on the organisation of temporary experiments to seek improved alternatives to the requirements of this Regulation as regards the assessment and approval of basic material and the production and marketing of FRM.

(58)To improve consistency of FRM rules with the Union plant health legislation, Articles 36, 37, 40, 41, 49, 53 and 54 of Regulation (EU) 2016/2031 should apply to the production and marketing of FRM pursuant to this Regulation. In order to ensure consistency with the rules of Regulation (EU) 2016/2031 on plant passports, it should be allowed to combine the official label for FRM with the plant passport.

(59)Regulation (EU) 2017/625 should be amended in order to include in its scope rules on official controls in regards to FRM. This is to ensure more consistent official controls and enforcement of the rules across Member States concerning FRM, and consistency with other Union acts concerning the official controls of plants, in particular, Regulation (EU) 2016/2031 and Regulation (EU) …/… of the European Parliament and of the Council.

(60)Regulations (EU) 2016/2031 and 2017/625 should therefore be amended accordingly.

(61)For reasons of legal clarity and transparency, Directive 1999/105/EC should be repealed.

(62)Since the objective of this Regulation, namely to ensure a harmonised approach with regard to the production and marketing of FRM, cannot be sufficiently achieved by the Member States but can rather, by reason of its effects, complexity, and international character, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not exceed what is necessary in order to achieve that objective. In this view, and as necessary, it introduces derogations or specific requirements for certain types of FRM and professional operators.

(63)In view of the time and resources required for the competent authorities and the professional operators concerned to adapt to the new requirements set out in this Regulation, this Regulation should apply from … [3 years from the date of entry into force of this Regulation].