What changed between the draft committee report and the plenary report

Added:Recital 17 a (new): (17a) To maintain the quality of seeds, the packages should be designed to become unserviceable once opened, thus ensuring that users are aware of any tampering with the seeds and encouraging them to use the entire content properly, thereby avoiding the seeds being stored incorrectly or used when they are likely to have become spoiled.

Added:Recital 19 a (new): (19a) Each Member State should establish and update a national list of issued master certificates and make that list available to the Commission and national competent authorities of all other Member States.

Added:Recital 22: (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, a maximum number of 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. Professional operators should therefore be allowed to derogate from the applicable rules as regards the approval of basic material and notify to the competent authority this basic material intended for the purpose of conserving forest genetic resources.

Added:Recital 31: (31) Professional operators should be authorised by the competent authority to issue and print the official label under official supervision for certain species and categories of FRM, if all requirements defined by the competent authority are fulfilled, and after an audit of the competent authority determines they have the necessary competence, infrastructure and resources. 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. This will give more flexibility to the professional operators in relation to the subsequent marketing of that FRM. Rules should be set out for the withdrawal or modification of that authorisation.

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

Added:Recital 38: (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 prompt proactive and effective action against such risks, if they emerge. Member States should be allowed to define the content of that plan in accordance with the specific climatic and ecological conditions in their territories and should be allowed to adapt such content in the light of new scientific knowledge. This requirement also reflects the general preparedness actions that Member States should take on a voluntary basis under the Union Civil Protection Mechanism31 . The Commission should, at the request of the Member State concerned, support through technical assistance the drawing-up of the plan and, where applicable, its updating.

Added:Recital 43: (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. That approach will ensure that FRM imports not only meet Union standards but also that they contribute to plant genetic diversity and sustainability.

Added:Article 1 – paragraph 1: This Regulation sets out rules concerning the production and marketing of forest reproductive material (‘FRM’) and in particular requirements for the approval of basic material intended for the production of FRM, the origin and traceability of that basic material, FRM categories, requirements for FRM identity and quality, certification, labelling, packaging, imports, professional operators, the registration of basic material, official controls and the national contingency plans.

Added:Article 2 – paragraph 1: 1. This Regulation applies to FRM of the tree species and artificial hybrids, listed in Annex I, with a view to being marketed.

Added:Article 2 – paragraph 2 – point a: (a) ensure the production and marketing of high-quality FRM in the Union and the correct functioning of the internal market in FRM;

Added:Article 2 – paragraph 2 – point b: (b) help create resilient and productive forests, conserve biodiversity, prevent the use of invasive species and restore forest ecosystems and their functioning, inter alia, by promoting interspecific and intraspecific genetic variation;

Added:Article 2 – paragraph 3 – subparagraph 1 – point b: (b) any relevant developments of technical or scientific knowledge.

Added:Article 3 – paragraph 1 – point 1 – introductory part: (1) ‘forest reproductive material’ (‘FRM’) means seed units, parts of plants and planting stocks that belong to tree species and hybrids thereof listed in Annex I to this Regulation and used for afforestation, reforestation, and other tree planting and direct seeding for any of the following purposes:

Added:Article 3 – paragraph 1 – point 1 – point b: (b) conservation of forest genetic resources and biodiversity conservation and enhancement;

Added:Article 3 – paragraph 1 – point 1 – point c: (c) restoration of forest ecosystems and other wooded land, and supporting their functioning;

Added:Article 3 – paragraph 1 – point 1 – point c a (new): (ca) setting up or restoring agroforestry systems;

Added:Article 3 – paragraph 1 – point 2: (2) ‘afforestation’ means establishment of forest through planting and/or deliberate seeding of regional adapted tree species on land that, until then, was under a different land use implies a transformation of land use form non-forest to forest36;

Added:Article 3 – paragraph 1 – point 3: (3) ‘reforestation’ means re-establishment of forest through planting and/or deliberate seeding of regional adapted tree species on land classified as forest37;

Added:Article 3 – paragraph 1 – point 4: (4) ‘seed unit’ means cones, infructescenses, fruits and seeds intended for the production of a planting stock or for direct seeding;

Added:Article 3 – paragraph 1 – point 7: (7) ‘production’ means all stages in the generation of seeds, parts of plants and plants and also those necessary to obtain an adequate planting stock, with a view to be marketed;

Added:Article 3 – paragraph 1 – point 8: (8) ‘seed source’ means the trees within a defined area, from which a seed unit is collected;

Added:Article 3 – paragraph 1 – point 15: (15) ‘unit of approval’ means the entire area or individuals of basic material for the production of FRM that has been authorised by the competent authorities;

Added:Article 3 – paragraph 1 – point 16: (16) ‘unit of notification’ means the entire area or individual(s) of basic material for the production of FRM intended for the purpose of the conservation and sustainable use of forest genetic resources that has been notified to the competent authorities;

Added:Article 3 – paragraph 1 – point 17: (17) ‘seed lot’ means a set of extracted and/or cleaned seeds from approved basic material and processed uniformly;

Added:Article 3 – paragraph 1 – point 18: (18) ‘plant lot’ means a set of plants that have been produced from a single seed lot or a set of vegetatively propagated plants which have been produced in a delineable area and processed uniformly;

Added:Article 3 – paragraph 1 – point 19: (19) ‘lot code’ means the identification code of the seed lot or plant lot, as appropriate;

Added:Article 3 – paragraph 1 – point 30: (30) ‘marketing’ means the following commercial actions conducted by a professional operator: sale, holding or offering for the purpose of sale or any other way of transferring, distribution, including dispatching, within, or import into the Union, whether free of charge or not, of FRM;

Added:Article 3 – paragraph 1 – point 31 – introductory part: (31) ‘professional operator’ means any natural or legal person involved professionally, with the authorisation of the competent authorities, in one or more of the following activities, aimed at the commercial exploitation of the FRM:

Added:Article 3 – paragraph 1 – point 42: (42) ‘deployment area for seed orchards and parents of family(ies)’ means the area designated by the competent authorities, in which FRM belonging to the qualified and tested categories is adapted to the climatic and ecological conditions of that area, taking into account, as appropriate, the location of the seed orchards, parents of family(ies) and its components, results of progeny and provenance trials, environmental conditions and future climatic change projections;

Added:Article 3 – paragraph 1 – point 43: (43) ‘deployment area for clones and clonal mixtures’ means the area designated by the competent authorities, in which FRM belonging to the qualified and tested categories is adapted to the climatic and ecological conditions of that area, taking into account, as appropriate, the origin or provenance of the clone(s), results of progeny, provenance and clonal trials, the environmental conditions and future climatic change projections;

Added:Article 3 – paragraph 1 – point 45: (45) ‘natural regeneration’ means the renewal of the forest by natural processes through natural seeding, sprouting, suckering or layering;

Added:Article 3 – paragraph 1 – point 47: (47) ‘practically free from quality pests’ means free from quality 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.

Added:Article 4 – paragraph 2 – subparagraph 8 – point e: deleted

Added:Article 5 – paragraph 1 – introductory part: 1. FRM derived from approved basic material shall be marketed in accordance with the following rules by professional operators:

Added:Article 5 – paragraph 1 – point h – point ii: (ii) germination percentage of the pure seed; if testing procedures are being carried out, the competent authorities may authorise the marketing before the results of tests; the supplier is obliged to communicate the results of the tests to the buyer as soon as available;

Added:Article 5 – paragraph 1 – point h – point iv: (iv) the number of germinable seeds per kilogram of product marketed as seed, or, where the number of germinable seeds is impossible or impractical to assess, in a limited period of time, the number of viable seeds per kilogram, by reference to a specific method.

Added:Article 6 – paragraph 1 – point b: (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

Added:Article 6 – paragraph 1 – point c: (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.

Added:Article 7 – paragraph 1 – subparagraph 1: Competent authorities may temporarily authorise the marketing of FRM derived from approved basic material which does not meet all the requirements of the appropriate category referred to in Article 5(1), points (a), (b) and (c), following the adoption of the delegated act referred to in paragraph 2.

Added:Article 7 – paragraph 2 – subparagraph 2 – point b: (b) the time limit of the authorisation;

Added:Article 7 – paragraph 2 – subparagraph 2 – point c: (c) minimum requirements as regards official controls on the professional operators applying that authorisation;

Added:Article 9 – paragraph 1 – subparagraph 1: Each Member State shall draw up one or more contingency plan to ensure a sufficient supply of FRM to reforest areas affected by extreme weather events, wildfires, disease and pest outbreaks, disasters or any other event, as relevant and identified in the national risk assessments develop in accordance with Article 6(1) of Decision No 1313/2013/EU39. The Commission shall, at the request of the Member State, make available technical support for the drawing-up of the contingency plan.

Added:Article 9 – paragraph 1 – subparagraph 2: That contingency plan shall be prepared for those tree species and artificial hybrids thereof listed in Annex I, that are deemed suitable by Member States for their current and projected future climatic and ecological conditions.

Added:Article 9 – paragraph 1 – subparagraph 3 a (new): The contingency plan shall take into account the potential emergence of affected areas beyond national borders and the Member State concerned shall work with other Member States to ensure a sufficient preventive supply of FRM for cross-border affected areas.

Added:Article 9 – paragraph 3 – subparagraph 1 – point a a (new): (aa) identification of the vulnerabilities and preventive measures, such as making seed storage sites and nurseries more secure, and increasing the number of storage sites and nurseries;

Added:Article 9 – paragraph 3 – subparagraph 1 – point h: (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).

Added:Article 9 – paragraph 4 – subparagraph 1 – introductory part: Member States shall establish a national register referred to in Article 12 that:

Added:Article 10 – paragraph 1 – subparagraph 2: They shall be established in the Member State concerned and authorised by the competent authority.

Added:Article 10 – paragraph 2: 2. Professional operators shall make available to the competent authority and the users of their FRM the necessary information about the identity of FRM as well as information concerning its suitability for climatic and ecological conditions based on available knowledge and data. That information shall be, in compliance with competent authority's guidelines, provided to the potential purchaser through websites, planters’ guides and other appropriate means prior to the transfer of the FRM concerned.

Added:Article 12 – paragraph 3 – subparagraph 2 – point c: (c) type of basic material;

Added:Article 12 – paragraph 3 – subparagraph 2 – point j: (j) in the case of qualified and tested categories, information about the harvest area used for the production of clone(s) or clonal mixture(s), where appropriate.

Added:Article 12 – paragraph 3 – subparagraph 2 – point j a (new): (ja) any additional information if available.

Added:Article 13 – paragraph 2: 2. That list shall reflect the details given in the national lists referred to in Article 12(1).

Added:Article 13 a (new): Article 13a / Production from basic material / 1. Traceability shall be ensured from the collection of FRM up to the marketing to the end user. / 2. Professional operators shall notify the competent authority of their intention to harvest forest reproductive material prior to harvesting in order to allow the competent authority to organise controls. / 3. Professional operators shall submit to the competent authority records documenting the harvest of the FRM. / 4. Removal from the place of harvest is only permitted with a master certificate. / 5. In the interest of the highest possible genetic diversity within the entire seed lot, the seed harvester shall ensure that the seed lot undergoes intensive mixing during all stages of processing prior to marketing or seeding.

Added:Article 14 – paragraph 1 – subparagraph 2: The master certificate shall attest compliance with the requirements of Article 4(2) that the FRM is derived from approved basic material.

Added:Article 14 – paragraph 1 – subparagraph 3 – point c a (new): (ca) Model master certificate for FRM that is derived from a mixture.

Added:Article 14 – paragraph 4 a (new): 4a. In the case of a mixture, the professional operator shall announce the mixing to the competent authority in advance in order to allow the competent authority to supervise the mixing process.

Added:Article 14 – paragraph 6 a (new): 6a. Each Member State shall establish and update a national list of issued master certificates and make that list available to the Commission and competent authorities.

Added:Article 15 – paragraph 1 – subparagraph 1: FRM shall, during all stages of production, be kept separated by reference to individual units of approval of basic material and the master certificate, when issued, to ensure traceability of the FRM to the approved basic material from which it has been harvested. FRM shall be harvested from those individual units of approval and marketed in lots that shall be sufficiently homogeneous and identified as distinct from other lots of FRM.

Added:Article 15 – paragraph 1 – subparagraph 2 – point a: (a) lot code;

Added:Article 15 – paragraph 1 – subparagraph 2 – point a a (new): (aa) purpose;

Added:Article 15 – paragraph 1 – subparagraph 2 – point e: (e) type of basic material;

Added:Article 15 – paragraph 1 – subparagraph 2 – point i: (i) in the case of seed units, the year of ripening, purity, germination percentage of the pure seed, weight of 1000 pure seeds, the number of germinable seeds per kilogram and the name of the seed test station;

Added:Article 16 – paragraph 1: 1. An official label shall be issued by the competent authority or by the professional operator under official supervision of a competent authority for every lot of FRM attesting compliance of that FRM with Article 5.

Added:Article 16 – paragraph 1 a (new): 1a. The official label shall be printed by: / (a) the competent authority, if so requested by the professional operator; or / (b) the professional operator, under the official supervision of the competent authority.

Added:Article 16 – paragraph 2: 2. The professional operator is authorised to issue and/or print the official label, if, on the basis of an audit, the competent authority has concluded that the operator possesses sufficient competence, infrastructure and resources.

Added:Article 16 – paragraph 4 – introductory part: 4. In addition to the information required under Article 15(1), the official label or another document from the supplier with the information required under that Article shall contain all the following information:

Added:Article 16 – paragraph 4 – point b: (b) names of the supplying professional operators, including their address and registration number and names of the recipients including their address;

Added:Article 16 – paragraph 4 – point e a (new): (ea) a QR code with instructions on how to take care of, store and plant FRM.

Added:Article 16 – paragraph 5 – subparagraph 1 – point c: deleted

Added:Article 16 – paragraph 5 a (new): 5a. If a coloured label or document is used by the professional operator in respect of any category of FRM, the colour of the supplier's label or document shall correspond with the colour indicated in Annex VI.

Added:Article 17 – paragraph 1: Seed units may only be marketed in sealed packages that become unserviceable once the package is opened. In order to prevent putrefaction of the FRM, the packaging of the sealed package may be adapted to the needs of the respective FRM.

Added:Article 18 – paragraph 3 – subparagraph 4 – introductory part: That notification shall contain the information referred to in Article 12(3). / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added:Article 19 – paragraph 2: That authorisation shall be notified to the Commission.

Added:Article 23 – paragraph 1: 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, provided that those requirements do not prohibit, impede or restrict the free movement of FRM that is in conformity with this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).

Added:Article 23 – paragraph 3 – point a – point ii: (ii) the protection of the environment: adaptation to climate change, enhancement of biodiversity, or restoration of forest ecosystems and supporting their functioning;

Added:Article 24 – paragraph 1: 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. The process of assessing and establishing equivalence shall be based on a detailed examination of the identity and quality standards and other requirements applicable to FRM.

Added:Article 25 – paragraph 2 – point c a (new): (ca) a new master certificate issued by the competent authority of the Member State of import, which shall replace the master certificate or official certificate referred to in point (a) following the import, or a certificate attesting to the existence of this new certificate.

Added:Article 26 – paragraph 5: 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. The involvement of experts designated by the Member States means that a wide range of national expertise and perspectives can be brought to the table, thus contributing to informed and balanced decision-making in respect of delegated acts.

Added:Article 28 – paragraph 1 – point a: (a) quantities of FRM per year, where a master certificate was issued;

Added:Article 28 – paragraph 1 – point b: (b) number of adopted national contingency plans by Member States to prepare for FRM supply difficulties and the time and resources needed to activate those contingency plans;

Added:Annex I – table 1: Abies bornmulleriana / Acer campestre / Alnus cordata - Juglans regia / Eucalyptus globulus / Eucalyptus gunnii / Eucalyptus hybride gunnii x dalrympleana / Eucalyptus nitens / Juglans major x regia / Juglans nigra / Juglans nigra x regia / Malus sylvestris / Pinus taeda / Populus nigra / Populus tremula / Sorbus domestica / Sorbus torminalis

Added:Annex II – Part B – point 2 – paragraph 1: The seed source or stand shall consist of one or more groups of trees (stands) or an individual stand. Those trees of seed source or stand shall be well distributed and sufficiently numerous to maintain genetic diversity and ensure adequate cross-pollination between the trees in those seed sources or stands.

Added:Annex II – Part B – point 4 – point a: (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 and also marginal populations demonstrating local adaptation to more extreme biotic and abiotic factors.

Added:Annex II – Part B – point 4 – point b: (b) The trees shall be practically free from quality pests and their symptoms.

Added:Annex III – Part B – point 2: 2. Isolation: Stands shall be situated at a sufficient distance from stands of poor quality of the same or related species or from stands of a related species which can form hybrids with the species in question. Particular attention shall be paid to this requirement when the stands surrounding autochthonous/indigenous stands are non-autochthonous/non-indigenous or of unknown origin.

Added:Annex III – Part B – point 6 – point b: (b) The trees shall be practically free from quality pests and their symptoms and show resistance to adverse climatic and site-specific conditions in the place where they are growing.

Added:Annex IV – point 1 – point b: (b) The component clones or families shall be selected for their outstanding characteristics and due weight shall be given to the requirements set out in points 4 and 6 to 9 of Section B of Annex III, taking into account the specific purpose for which the resulting FRM will be used.

Added:Annex IV – point 1 – point e: (e) The seed orchards shall be managed and seed shall be harvested in such a way that the objectives of the orchards are attained. In the case of a seed orchard intended for the production of an artificial hybrid, the percentage of hybrids in the FRM shall be determined by a verification test.

Added:Annex IV – point 2 – point a: (a) The parents shall be selected for their outstanding characteristics or for their combining ability. In the case of a selection based on outstanding characteristics, due weight shall be given to the requirements set out in points 4 and 6 to 9 of Section B of Annex III, taking into account the specific purpose for which the resulting FRM will be used.

Added:Annex V – point 1 – point a – paragraph 2: The professional operators shall report the material, methods and results of tests to the competent authority responsible for the approval of the basic material. The results presented shall be analysed in accordance with the internationally recognised procedures. In comparative tests, one or preferably several approved or pre-chosen standards as described in point 3(b) shall be used.

Added:Annex V – point 1 – point a a (new): (aa) A minimum number of test areas of a minimum size per tree species listed in Annex I shall be fulfilled.

Added:Annex V – point 1 – point b – point i: (i) The tests shall be designed to assess the relevant characteristics specified in point (ii) and, for each test in the test records these shall be indicated.

Added:Annex V – point 1 – point c – paragraph 1: The professional operator shall provide all information necessary for the evaluation of test results, including the location, climate, soil, past use, establishment, management and any damage due to abiotic/biotic factors. The professional operator shall make those records available to the competent authority. The competent authority shall record the age of the basic material and the FRM and the results at the time of the evaluation.

Added:Annex V – point 1 – point d – point i: (i) Each sample of FRM shall be raised, planted and managed in an identical way as far as the types of plant material permit.

Added:Annex V – point 1 – point d – point ii: (ii) Each experiment shall be established in a valid statistical design, in order that the individual characteristics of each component under examination can be evaluated.

Added:Annex V – point 1 – point e – point i: (i) The data from the experiments shall be analysed using internationally recognised statistical methods and the results shall be presented for each characteristic examined.

Added:Annex V – point 2 – point d – point i: (i) The estimated superiority of the FRM shall be calculated against a reference population for a characteristic or set of characteristics. The reference population shall be defined and described in the test reports.

Added:Annex V – point 3 – point c – point ii: (ii) It shall be reported if there are any characteristics of economic or environmental importance which show significantly inferior results to the standards, and their effects shall be compensated for by favourable characteristics.

Added:Forest reproductive material (FRM) were so far regulated by Regulations EU 2016/2031 and 2017/625 and the Directive 1999/105/EC.

Added:With this proposal, the Commission unifies and updates the previous legal acts under a single legal framework, while taking into account new scientific and technological discoveries on FRM.

Added:The Rapporteur agrees broadly with the proposal of the Commission and welcomes the separation of plant and forest reproductive material, which are now treated in two different regulations.

Added:The Rapporteur appreciates the structure of the regulation as it improves the current framework and its implementation. The Rapporteur agrees with the derogations in case of supply difficulties and for research purposes. These derogations take into account the complex context of FRM and the management of forests in the European Union by respecting regional differences and existing partnerships between local authorities and research institutes. However, the Rapporteur underlines that it is not possible to collect all conservation varieties under Article 6, due to the complexity of forest material in comparison to plant reproductive materials (PRM).

Added:With regards to the labelling regulated under Article 16, the approach, the relation and the authorization between the competent authority and the final operator is improved with this proposal. The Rapporteur suggests reinforcing the role of the competent authority and proposes a new structure for the authorization procedure regarding labelling, with reference to the current Regulation 2016/2031.

Added:Concerning the role of the competent authority under Article 19, the Rapporteur suggests that although a derogation shall be notified to the Commission, it shall not be subject to its approval.

Added:The Rapporteur is confident that with this proposal and the suggested amendments to it, we can achieve the goal of having a single regulation on FRM that improves the situation for producers, forest managers, market operators, researchers and competent authorities.