What changed

ORDINARY LEGISLATIVE procedure

PA_Legam

(First reading without prior interinstitutional negotiations)

SHORT JUSTIFICATION

Follow up to the European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the production and marketing of forest reproductive material, amending Regulations (EU) 2016/2031 and 2017/625 of the European Parliament and of the Council and repealing Council Directive 1999/105/EC (Regulation on forest reproductive material)

Forest reproductive material (FRM) is fundamental to maintaining the sustainability of European forests, which cover more than 43 % of our land. Given the specific nature of forest management, it is only reasonable to have a separate regulation for FRM than for plant reproductive material, which is used in farming.

1. Rapporteur: Herbert DORFMANN (EPP / IT)

Forests suffer greatly from climate change, with the recurring heatwaves, droughts, fires, storms, disease and pest outbreaks having a direct impact on forest stands. Being able to use different FRM that are optimally adapted to given areas and also have the ability to adapt to climate change thanks to a high level of intraspecific genetic variation is one of the key levers for tackling extreme events. Although exchanges between different regions of provenance can be of interest, especially when it comes to increasing diversity, it would be best to first focus on the genetic potential of species within a given region to avoid any risk of maladaptation.

2. Reference numbers: 2023/0228 (COD) / A9-0142/2024 / P9_TA(2024)0342

The main achievement of this regulation is that each Member State will have to prepare a national plan to ensure they do not run out of FRM. However, the rapporteur believes that to prevent derogations from being used abusively, the best way to approach dealing with the now recurring crises is to put preventative measures in place, to boost the resilience of seed (cones, infructescenses, fruits and seeds) storage facilities and nurseries.

3. Date of adoption of the resolution: 24 April 2024

Furthermore, the rapporteur suggests improving the criteria relating to sustainability in selection by specifying that the potential for adaptation depends primarily on the genetic diversity within the tree species concerned. In view of the high level of uncertainty over the global warming scenarios we could face, it is also important to remember that multi-species plantations clearly have a lower risk of maladaptation to climate change.

4. Legal basis: Article 43(2) of the Treaty on the Functioning of the European Union

Lastly, the rapporteur proposes extending the definition of FRM to include parts of plants, sets and seedlings, creating a definition for agroforestry, and increasing the number of species in Annex I.

5. Competent Parliamentary Committee: Committee on Agriculture and Rural Development (AGRI)

AMENDMENTS

6. Commission's position: takes note of the amendments proposed by the European Parliament, while reserving its detailed position on these until the opening of interinstitutional negotiations.

The Committee on the Environment, Public Health and Food Safety calls on the Committee on Agriculture and Rural Development, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a regulation

Recital 22

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.

(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.

Or. fr

Amendment 2

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 forests, conserve biodiversity and restore forest ecosystems by promoting interspecific and intraspecific genetic variation;

Or. fr

Amendment 3

Proposal for a regulation

Article 2 – paragraph 4 – point c

Text proposed by the Commission

Amendment

(c) FRM produced for export to third countries;

deleted

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

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 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:

Or. fr

Amendment 5

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(ca) setting up or restoring agroforestry systems;

Or. fr

Amendment 6

Proposal for a regulation

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

Text proposed by the Commission

Amendment

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

Or. fr

Amendment 7

Proposal for a regulation

Article 3 – paragraph 1 – point 40

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 ;

deleted

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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

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:

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

Article 7 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Competent authorities may temporarily authorise the marketing of FRM derived from approved basic material which does not meet all the requirements of the appropriate category referred to in Article 5(1), following the adoption of the delegated act referred to in paragraph 2.

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 10

Proposal for a regulation

Article 9 – title

Text proposed by the Commission

Amendment

Contingency plan and national register

Prevention and contingency plan and national register

Or. fr

Amendment 11

Proposal for a regulation

Article 9 – paragraph 1 – subparagraph 1

Text proposed by the Commission

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 39 .

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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39 OJ L 347, 20.12.2013, p. 924.

39 OJ L 347, 20.12.2013, p. 924.

Or. fr

Amendment 12

Proposal for a regulation

Article 9 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

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

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 13

Proposal for a regulation

Article 9 – paragraph 1 – subparagraph 3

Text proposed by the Commission

Amendment

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 of provenance to reduce the risk of maladaptation to climate change.

Or. fr

Amendment 14

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

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

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 15

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Each contingency plan shall include the following:

Each prevention and contingency plan shall include the following:

Or. fr

Amendment 16

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

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

(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 17

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 1 – point a a (new)

Text proposed by the Commission

Amendment

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

Or. fr

Amendment 18

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

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

(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 19

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

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

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 20

Proposal for a regulation

Article 9 – paragraph 4 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

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

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

Or. fr

Amendment 21

Proposal for a regulation

Article 9 – paragraph 5

Text proposed by the Commission

Amendment

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

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 22

Proposal for a regulation

Article 9 – paragraph 6

Text proposed by the Commission

Amendment

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

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 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 21 – paragraph 1

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).

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).

Or. fr

Amendment 26

Proposal for a regulation

Article 21 – paragraph 2 a (new)

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.

Or. fr

Amendment 27

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 1

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.

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.

Or. fr

Amendment 28

Proposal for a regulation

Article 22 – paragraph 2 – subparagraph 1 – introductory part

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:

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

Or. fr

Amendment 29

Proposal for a regulation

Article 22 – paragraph 2 – subparagraph 2 – introductory part

Text proposed by the Commission

Amendment

Those acts shall take into account the evolution of:

Those experiments shall take into account the evolution of:

Or. fr

Amendment 30

Proposal for a regulation

Article 22 – paragraph 2 – subparagraph 3

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.

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.

Or. fr

Amendment 31

Proposal for a regulation

Article 24 – title

Text proposed by the Commission

Amendment

Imports on the basis of Union equivalence

Imports on the basis of conformity with Union rules

Or. fr

Amendment 32

Proposal for a regulation

Article 24 – 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. 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.

Or. fr

Amendment 33

Proposal for a regulation

Article 24 – paragraph 2 – subparagraph 1 – introductory part

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:

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:

Or. fr

Amendment 34

Proposal for a regulation

Annex I

Text proposed by the Commission

Abies alba Mill.

Abies cephalonica Loud.

Abies grandis Lindl.

Abies pinsapo Boiss.

Acer platanoides L.

Acer pseudoplatanus L.

Alnus glutinosa Gaertn.

Alnus incana Moench.

Betula pendula Roth.

Betula pubescens Ehrh.

Carpinus betulus L.

Castanea sativa Mill.

Cedrus atlantica Carr.

Cedrus libani A. Richard

Fagus sylvatica L.

Fraxinus angustifolia Vahl.

Fraxinus excelsior L.

Larix decidua Mill.

Larix x eurolepis Henry

Larix kaempferi Carr.

Larix sibirica Ledeb.

Picea abies Karst.

Picea sitchensis Carr.

Pinus brutia Ten.

Pinus canariensis C. Smith

Pinus cembra L.

Pinus contorta Loud

Pinus halepensis Mill.

Pinus leucodermis Antoine

Pinus nigra Arnold

Pinus pinaster Ait.

Pinus pinea L.

Pinus radiata D. Don

Pinus sylvestris L.

Populus spp. et hybrides artificiels de ces essences

Prunus avium L.

Pseudotsuga menziesii Franco

Quercus cerris L.

Quercus ilex L.

Quercus petraea Liebl.

Quercus pubescens Willd.

Quercus robur L.

Quercus rubra L.

Quercus suber L.

Robinia pseudoacacia L.

Tilia cordata Mill.

Tilia platyphyllos Scop.

Amendment

Abies alba Mill.

Abies bornmulleriana

Abies cephalonica Loud.

Abies grandis Lindl.

Abies pinsapo Boiss.

Acer campestre

Acer platanoides L.

Acer pseudoplatanus L.

Alnus cordata

Alnus glutinosa Gaertn.

Alnus incana Moench.

Betula pendula Roth.

Betula pubescens Ehrh.

Carpinus betulus L.

Castanea sativa Mill.

Cedrus atlantica Carr.

Cedrus libani A. Richard

Eucalyptus globulus

Eucalyptus gunni

Eucalyptus gunnii x dalrympleana hybrid

Eucalyptus nitens

Fagus sylvatica L.

Fraxinus angustifolia Vahl.

Fraxinus excelsior L.

Juglans major x regia

Juglans nigra

Juglans nigra x regia

Juglans regia

Larix decidua Mill.

Larix x eurolepis Henry

Larix kaempferi Carr.

Larix sibirica Ledeb.

Malus sylvestris

Picea abies Karst.

Picea sitchensis Carr.

Pinus brutia Ten.

Pinus canariensis C. Smith

Pinus cembra L.

Pinus contorta Loud

Pinus halepensis Mill.

Pinus leucodermis Antoine

Pinus nigra Arnold

Pinus pinaster Ait.

Pinus pinea L.

Pinus radiata D. Don

Pinus sylvestris L.

Pinus taeda

Populus nigra

Populus spp. et hybrides artificiels de ces essences

Populus tremula

Prunus avium L.

Pseudotsuga menziesii Franco

Quercus cerris L.

Quercus ilex L.

Quercus petraea Liebl.

Quercus pubescens Willd.

Quercus robur L.

Quercus rubra L.

Quercus suber L.

Robinia pseudoacacia L.

Sorbus domestica

Sorbus torminalis

Tilia cordata Mill.

Tilia platyphyllos Scop.

Or. fr

Amendment 35

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 a

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.

(a) Stands 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

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

Liste des entités ou personnes ayant apporté leur contribution au rapporteur

UCFF - Union des Coopératives Forestières Françaises

France Bois Forêt

Office National des Fôrets

Euraf - European Agroforestry Federation

Université de Picardie