What changed

Proposal for a regulation

Recital 224

Text proposed by the Commission

Amendment

(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.

(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.

(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 characteristics of interest 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.

(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, as well as when unsustainable forest management methods based on clear-cutting are still prevalent.

Or. fr

Amendment 2

Proposal for a regulation

Article 2 – paragraph 2 – point b

Recital 6

Text proposed by the Commission

Amendment

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

(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.

(b) help create resilient forests, conserve biodiversity and restore forest ecosystems by promoting interspecific and intraspecific genetic variation;

(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.

Or. fr

Amendment 3

Proposal for a regulation

Article 2 – paragraph 4 – point c

Recital 7

Text proposed by the Commission

Amendment

(c) FRM produced for export to third countries;

(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.

deleted

(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 in addition to adaptive restoration and ecosystem-based management practices of forests, adapting forests to climate change and restoring forests following climate damages will require also 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.

Or. fr

Justification

FRM for export should be subjected to the same selection and traceability principles.

Amendment 4

Proposal for a regulation

Article 3 – paragraph 1 – point 1 – introductory part

Recital 8

Text proposed by the Commission

Amendment

(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:

(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.

(1) ‘forest reproductive material’ (‘FRM’) means cones, infructescenses, fruits and seeds, parts of plants, sets and seedlings 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:

(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. On the contrary, an inappropriate choice of forest species composition may cause or accelerate forest calamities, turning forests that would act as carbon sinks if properly managed into a source of additional CO2 emissions. Tree species and artificial hybrids under this Regulation should be genetically suited to the local conditions, taking full account of climatic changes that have already occurred, and be of high quality.

Or. fr

Amendment 5

Proposal for a regulation

Article 3 – paragraph 1 – point 1 – point c a (new)

Recital 15

Text proposed by the Commission

Amendment

(ca) setting up or restoring agroforestry systems;

(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.

Or. fr

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

Amendment 6

Proposal for a regulation

Article 3 – paragraph 1 – point 3 a (new)

Recital 26

Text proposed by the Commission

Amendment

(3a) ‘agroforestry’ means the integration of trees on agricultural land without changing the classification of that land;

(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.

Or. fr

(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. For all purposes the FRM will be compared with standards having a good performance as regards adaptation to the local climatic and ecological conditions, as climate resilience is relevant for all purposes. Following the selection of the components of basic material, the professional operator should demonstrate the superiority of the FRM by comparative testing. 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 the results of the tests concerning the superiority of the FRM. 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.

Amendment 7

Proposal for a regulation

Article 3 – paragraph 1 – point 40

Recital 27

Text proposed by the Commission

Amendment

(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 Council38 ;

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

deleted

(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 a pilot plot. That approval should be granted only if the provisional results of the 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.

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38 Regulation (EU)… /... of the European Parliament and of the Council on plants obtained by certain new genomic techniques and their food and feed, and amending Directives 68/193/EEC, 1999/105/EC, 2002/53/EC, 2002/55/EC, and Regulation (EU) 2017/625 (OJ ...).

Or. fr

Justification

The scope of NGTs is limited to annual crops.

Amendment 8

Proposal for a regulation

Article 5 – paragraph 1 – point e

Recital 28 a (new)

Text proposed by the Commission

Amendment

(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:

(28 a) The Regulation should strive for the ‘One Health Approach’ as an integrated, unifying approach that aims to sustainably balance and optimise the health of people, animals, plants and ecosystems. It recognises that the health of humans, domestic and wild animals, plants, and the wider environment including ecosystems are closely interlinked and inter-dependent.

deleted

(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);

Or. fr

Justification

The scope of NGTs is limited to annual crops.

Amendment 9

Proposal for a regulation

Recital 38

Text proposed by the Commission

Amendment

(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 Mechanism31 .

(38) Each Member State should draw up and keep up to date a contingency plan to ensure a sufficient supply of FRM, to complement natural regeneration, which should be prioritised in particular in protected areas and areas laid down in a national restoration plan, and to help reforest other areas affected by extreme weather events, wildfires, disease and pest outbreaks, disasters or any other event if necessary. Rules should be set out concerning the content of that plan, in order to ensure effective action. 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 Mechanism31 .

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31 Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).

31 Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).

Amendment 10

Proposal for a regulation

Recital 40

Text proposed by the Commission

Amendment

(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.

(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 and contamination.

Amendment 11

Proposal for a regulation

Article 2 – paragraph 2 – point b

Text proposed by the Commission

Amendment

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

(b) help create resilient and productive forests, conserve and enhance biodiversity and restore forest ecosystems and their functioning by promoting interspecific and intraspecific genetic variation;

Amendment 12

Proposal for a regulation

Article 2 – paragraph 3 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) any developments of technical or scientific knowledge.

(b) any relevant developments of technical or scientific knowledge.

Amendment 13

Proposal for a regulation

Article 3 – paragraph 1 – point 1 – introductory part

Text proposed by the Commission

Amendment

(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:

(1) ‘forest reproductive material’ (‘FRM’) means seed units, parts of plants and planting stock, cones, infructescenses, fruits, 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 and direct seeding on land classified as forest for any of the following purposes:

Amendment 14

Proposal for a regulation

Article 3 – paragraph 1 – point 1 – point b

Text proposed by the Commission

Amendment

(b) biodiversity conservation;

(b) biodiversity conservation and enhancement;

Amendment 15

Proposal for a regulation

Article 3 – paragraph 1 – point 1 – point b a (new)

Text proposed by the Commission

Amendment

(b a) supporting the functioning of forest ecosystems;

Amendment 16

Proposal for a regulation

Article 3 – paragraph 1 – point 1 – point c

Text proposed by the Commission

Amendment

(c) restoration of forest ecosystems;

(c) restoration of forest ecosystems and other wooded land;

Amendment 17

Proposal for a regulation

Article 3 – paragraph 1 – point 1 – point c a (new)

Text proposed by the Commission

Amendment

(c a) setting up or restoring agroforestry systems;

Amendment 18

Proposal for a regulation

Article 3 – paragraph 1 – point 3 a (new)

Text proposed by the Commission

Amendment

(3 a) ‘agroforestry’ means the integration of trees on agricultural land without changing the classification of that land;

Amendment 19

Proposal for a regulation

Article 3 – paragraph 1 – point 47

Text proposed by the Commission

Amendment

(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.

(47) ‘practically free from pests’ means free from pests, or a situation where the presence of pests affecting the quality on the respective FRM is so low that those pests do not affect adversely the quality of that FRM.

Amendment 20

Proposal for a regulation

Article 4 – paragraph 2 – subparagraph 8 – point e

Text proposed by the Commission

Amendment

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

deleted

Amendment 21

Proposal for a regulation

Article 5 – paragraph 1 – point e – point iii b (new)

Text proposed by the Commission

Amendment

(iii b) the material is approved by the Competent Authority

Amendment 22

Proposal for a regulation

Article 5 – paragraph 1 – point e – point iii c (new)

Text proposed by the Commission

Amendment

(iii c) it is labelled as NGT

Amendment 23

Proposal for a regulation

Article 6 – paragraph 1 – point b

Text proposed by the Commission

Amendment

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

(b) FRM shall be of origin which is naturally adapted to the local and regional conditions, or adapted to the goal of assisted migration when relevant; and

Amendment 24

Proposal for a regulation

Article 6 – paragraph 1 – point c

Text proposed by the Commission

Amendment

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

(c) FRM shall be collected from a maximum number of individuals of the notified basic material, sufficiently numerous to preserve the genetic diversity of the species.

Amendment 25

Proposal for a regulation

Article 7 – paragraph 1 – subparagraph 1

Competent authorities may temporarily authorise, for a period of no longer than three years, 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.

Or. fr

Amendment 26

Amendment 10

Proposal for a regulation

Prevention and contingency plan and national register

Or. fr

Amendment 27

Amendment 11

Proposal for a regulation

Amendment

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 391313/2013/EU39 .

Each Member State shall draw up one or more prevention and contingency plan to ensure a sufficient supply of FRM in quantity and number of species 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/EU39.

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_________________

__________________

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39 OJ L 347, 20.12.2013, p. 924.

39 OJ L 347, 20.12.2013, p. 924.

Or. fr

Amendment 28

Amendment 12

Proposal for a regulation

That prevention and contingency plan shall be prepared for those tree species and artificial hybrids thereof listed in Annex I, that are considered to be suitable for the current and projected future climatic and ecological conditions of the Member State concerned, in particular in view of their high level of intraspecific variation.

Or. fr

Amendment 29

Amendment 13

Proposal for a regulation

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.

The prevention and contingency plan shall take into account the different scenarios of distribution of the relevant tree species and artificial hybrids thereof, on the basis of the national and/or regional climate model simulations for the Member State concerned. It shall prioritise the replanting of multispecies forests with FRM from the closest regions ofa provenance to reduce thesuitable riskto ofenable maladaptationadaptation to climate change.

Or. fr

Amendment 30

Amendment 14

Proposal for a regulation

2. Member States shall, at an appropriate stage, consult all relevant stakeholders, in particular FRM producers, forest owners, economic actors and environmental associations, in the process of drawing up and keeping up to date such prevention and contingency plans.

Or. fr

Amendment 31

Amendment 15

Proposal for a regulation

Each prevention and contingency plan shall include the following:

Or. fr

Amendment 32

Amendment 16

Proposal for a regulation

(a) the roles and responsibilities of the bodies involved in the execution of the prevention and 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;

Or. fr

Amendment 33

Amendment 17

Proposal for a regulation

Amendment

(aa)(a a) a resilience strategy focused on pinpointing vulnerabilities that could justify the funding ofprovided by the competent authorities for preventive measures, such as making seed storage sites and nurseries more secure, and increasing the number of storage sites and nurseries;

Or. fr

Amendment 34

Amendment 18

Proposal for a regulation

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

Or. fr

Amendment 35

Amendment 19

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 1 – point h

Text proposed by the Commission

Amendment

(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).

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

Amendment 36

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 2

Member States shall review every four years 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.

Or. fr

Amendment 37

Amendment 20

Proposal for a regulation

Article 9 – paragraph 4 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Member States shall establish a national register that:

Member States shall establish a national register as set out in Article 12 that:

Amendment 38

Proposal for a regulation

Article 9 – paragraph 4 – subparagraph 1 – point b

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

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

Or. fr

Amendment 39

Amendment 21

Proposal for a regulation

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

Or. fr

Amendment 40

Amendment 22

Proposal for a regulation

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

Or. fr

Amendment 41

Amendment 23

Proposal for a regulation

Article 16 – paragraph 5 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

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

deleted

Or. fr

Justification

The introduction of a colour code will create significant red tape with no added value given the amount of information on the label.

Amendment 24

Proposal for a regulation

Article 18 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

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

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

Or. fr

Amendment 25

Proposal for a regulation

Article 2112 – paragraph 13 – subparagraph 2 – point i – point i

Text proposed by the Commission

Amendment

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).

(i) genetically modified; or

1. In order to overcome any temporary difficulties in the general supply of FRM that occur in one or more Member States despite the prevention and contingency plan defined in Article 9, the Commission may, at the request of at least one Member States affected, authorise for one year 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).

(i) genetically modified organism or containing a genetically modified organism; or

Or. fr

Amendment 42

Amendment 26

Proposal for a regulation

Article 2112 – paragraph 3 – subparagraph 2 a– (new)point i – point ii

Text proposed by the Commission

Amendment

2a. Where the Commission has to take action pursuant to paragraph 1, it shall require the Member States concerned to revise their prevention and contingency plans so they no longer have to have recourse to that derogation.

(ii) an NGT plant;

Or. fr

(ii) an NGT plant or containing an NGT plant;

Amendment 2743

Proposal for a regulation

Article 2212 – paragraph 13 – subparagraph 12 – point j a (new)

Text proposed by the Commission

Amendment

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.

(j a) if applicable, the intellectual property rights existing on the FRM.

By way of derogation from Articles, 1, 4 and 5, the Commission may finance 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.

Amendment 44

Or. fr

Amendment 28

Proposal for a regulation

Article 2215 – paragraph 21 – subparagraph 12 – introductorypoint partk – point i

Text proposed by the Commission

Amendment

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:

(i) genetically modified;

The experiments referred to in paragraph 1 shall concern one or more of the following elements:

(i) consisting of or containing genetically modified organisms;

Or. fr

Amendment 45

Amendment 29

Proposal for a regulation

Article 2215 – paragraph 21 – subparagraph 2 – introductorypoint partk – point ii

Text proposed by the Commission

Amendment

Those acts shall take into account the evolution of:

(ii) an NGT plant.

Those experiments shall take into account the evolution of:

(ii) consisting of or containing NGT plants.

Or. fr

Amendment 46

Amendment 30

Proposal for a regulation

Article 2215 – paragraph 21 – subparagraph 32 – point k – point ii a (new)

Text proposed by the Commission

Amendment

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.

(ii a) if applicable, the intellectual property rights existing on the FRM

Those experiments 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.

Amendment 47

Or. fr

Amendment 31

Proposal for a regulation

Article 2417 – titleparagraph 1

Text proposed by the Commission

Amendment

Imports on the basis of Union equivalence

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

Imports on the basis of conformity with Union rules

Seed units may only be marketed in sealed packages with that become unserviceable once the package is opened to prevent spoiling or putrefaction of the FRM.

Or. fr

Amendment 48

Amendment 32

Proposal for a regulation

Article 2423 – paragraph 1

Text proposed by the Commission

Amendment

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.

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).

1. FRM may be imported from third countries to the Union only if it is established, pursuant to paragraph 2, that it fulfils requirements in conformity with those applicable to FRM produced and marketed in the Union.

1. By way of derogation from Article 4, the Commission, by means of implementing acts, shall 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).

Or. fr

Amendment 49

Amendment 33

Proposal for a regulation

Article 2423 – paragraph 23 – subparagraphpoint 1a – introductorypoint partii

Text proposed by the Commission

Amendment

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:

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

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

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

Or. fr

Amendment 50

Amendment 34

Proposal for a regulation

Tilia platyphyllos Scop.

Or. fr

Justification

Amendment 3551

Proposal for a regulation

Annex II – Part B – point 4 – point a

Text proposed by the Commission

Amendment

(a) The trees shall be well-adapted to the climatic and ecological conditions including the biotic and abiotic factors prevailing in the region of provenance.

(a) The trees shall be able to adapt to the climatic and ecological conditions including the biotic and abiotic factors prevailing in the region of provenance, as they shall benefit from sufficient intraspecific genetic variation.

Or. fr

Amendment 36

Proposal for a regulation

Annex III – Part B – point 6 – point ab

Text proposed by the Commission

Amendment

(a) Stands shall be well-adapted to the climatic and ecological conditions, including the biotic and abiotic factors prevailing in the region of provenance.

(b) The trees shall be practically free from pests and their symptoms and show resistance to adverse site conditions in the place where they are growing.

(a)(b) StandsThe trees shall be ablepractically tofree adaptfrom topests affecting the climaticquality and ecological conditions, including thetheir bioticsymptoms and abiotic factors prevailingshow inresistance theto regionadverse ofclimatic provenance,and assite-specific theyconditions shallin benefitthe fromplace sufficientwhere intraspecificthey geneticare variation.growing.

Or. fr

ANNEXE: ENTITÉS OU PERSONNES DONT LE RAPPORTEUR POUR AVIS A REÇU DES CONTRIBUTIONS

Université de Picardie

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Production and marketing of forest reproductive material, amending Regulations (EU) 2016/2031 and 2017/625 of the European Parliament and of the Council and repealing Council Directive 1999/105/EC (Regulation on forest reproductive material)

References

COM(2023)0415 – C9-0237/2023 – 2023/0228(COD)

Committee responsible

Date announced in plenary

AGRI

19.10.2023

Opinion by

Date announced in plenary

ENVI

19.10.2023

Associated committees - date announced in plenary

19.10.2023

Rapporteur for the opinion

Date appointed

Christophe Clergeau

24.10.2023

Discussed in committee

11.1.2024

Date adopted

11.3.2024

Result of final vote

+:

–:

0:

63

3

17

Members present for the final vote

Catherine Amalric, Mathilde Androuët, Maria Arena, Margrete Auken, Marek Paweł Balt, Traian Băsescu, Aurélia Beigneux, Sergio Berlato, Alexander Bernhuber, Malin Björk, Delara Burkhardt, Pascal Canfin, Sara Cerdas, Mohammed Chahim, Nathalie Colin-Oesterlé, Christian Doleschal, Bas Eickhout, Pietro Fiocchi, Heléne Fritzon, Andreas Glück, Catherine Griset, Anja Hazekamp, Martin Hojsík, Pär Holmgren, Jan Huitema, Adam Jarubas, Karin Karlsbro, Ewa Kopacz, Peter Liese, Javi López, César Luena, Elżbieta Katarzyna Łukacijewska, Marian-Jean Marinescu, Lydie Massard, Liudas Mažylis, Marina Mesure, Tilly Metz, Dolors Montserrat, Ville Niinistö, Ljudmila Novak, Henk Jan Ormel, Grace O’Sullivan, Jutta Paulus, Francesca Peppucci, Stanislav Polčák, Jessica Polfjärd, María Soraya Rodríguez Ramos, Sándor Rónai, Maria Veronica Rossi, Laurence Sailliet, Silvia Sardone, Günther Sidl, Ivan Vilibor Sinčić, Nils Torvalds, Edina Tóth, Nikolaj Villumsen, Anders Vistisen, Mick Wallace, Pernille Weiss, Emma Wiesner, Michal Wiezik, Tiemo Wölken, Stefania Zambelli

Substitutes present for the final vote

Matteo Adinolfi, João Albuquerque, Stefan Berger, Biljana Borzan, Mercedes Bresso, Milan Brglez, Martin Buschmann, Cristian-Silviu Buşoi, Catherine Chabaud, Asger Christensen, Dacian Cioloş, Christophe Clergeau, Deirdre Clune, Gilbert Collard, Antoni Comín i Oliveres, Rosanna Conte, Beatrice Covassi, Gianantonio Da Re, Ivan David, Margarita de la Pisa Carrión, Anna Deparnay-Grunenberg, Estrella Durá Ferrandis, Giuseppe Ferrandino, Laura Ferrara, Cindy Franssen, Claudia Gamon, Matteo Gazzini, Jens Gieseke, Sunčana Glavak, Nicolás González Casares, Robert Hajšel, Martin Häusling, Romana Jerković, Irena Joveva, Radan Kanev, Karol Karski, Billy Kelleher, Ska Keller, Martine Kemp, Ondřej Knotek, Kateřina Konečná, Stelios Kympouropoulos, Danilo Oscar Lancini, Norbert Lins, Fulvio Martusciello, Marisa Matias, Sara Matthieu, Radka Maxová, Dace Melbārde, Nuno Melo, Marlene Mortler, Dan-Ştefan Motreanu, Ulrike Müller, Dan Nica, Max Orville, Demetris Papadakis, Aldo Patriciello, Piernicola Pedicini, Lídia Pereira, Sirpa Pietikäinen, João Pimenta Lopes, Rovana Plumb, Manuela Ripa, Robert Roos, Marcos Ros Sempere, Massimiliano Salini, Christel Schaldemose, Andrey Slabakov, Vincenzo Sofo, Tomislav Sokol, Susana Solís Pérez, Nicolae Ştefănuță, Annalisa Tardino, Hermann Tertsch, François Thiollet, Róża Thun und Hohenstein, Grzegorz Tobiszowski, Marie Toussaint, István Ujhelyi, Inese Vaidere, Idoia Villanueva Ruiz, Sarah Wiener, Jadwiga Wiśniewska

Substitutes under Rule 209(7) present for the final vote

Marie Dauchy, Sylvie Guillaume, Alessandro Panza, Rob Rooken, Dorien Rookmaker, Bert-Jan Ruissen, Evžen Tošenovský

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

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