Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2023/0228(COD)**

**INFORMATION NOTE**

**Brussels, 2 July 2024**
**(OR. en)**

**10951/24**

**CODEC 1492**
**AGRI 480**
**AGRILEG 290**
**SEMENCES 120**
**PHYTOSAN 137**
**FORETS 170**
**PE 180**

From: General Secretariat of the Council

To: Permanent Representatives Committee/Council

Subject: 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)

          - Outcome of the European Parliament's first reading

(Strasbourg, 22 to 25 April 2024)

**I.** **INTRODUCTION**

The rapporteur, Herbert DORFMANN (EPP, IT), presented a report on the above proposal for a

Regulation on behalf of the Committee on Agriculture and Rural Development which contained 101

amendments (amendments 1 to 101) to the proposal.

In addition, The Left group tabled 13 amendments (amendments 102 to 114) and the Greens/EFA

group tabled 27 amendments (amendments 115 to 141).

10951/24 LS/ur 1

# GIP.INST EN

**II.** **VOTE**

When it voted on 24 April 2024, the plenary adopted amendments 1 to 101, 120 to 122, 124, 134 to

136 to the proposal for a Regulation. No other amendments were adopted.

The Commission's proposal as thus amended constitutes the Parliament's first-reading position

which is contained in its legislative resolution as set out in the Annex hereto.

10951/24 LS/ur 2

# GIP.INST EN

**ANNEX**

**(24.4.2024)**

## **P9_TA(2024)0342** **Production and marketing of forest reproductive material**

**European Parliament legislative resolution of 24 April 2024 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) (COM(2023)0415 – C9-0237/2023 – 2023/0228(COD))**

**(Ordinary legislative procedure: first reading)**

_The European Parliament_,

–
having regard to the Commission proposal to Parliament and the Council (COM(2023)0415),

–
having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the
European Union, pursuant to which the Commission submitted the proposal to Parliament
(C9-0237/2023),

–
having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–
having regard to the opinion of the European Economic and Social Committee of 13
December 2023 **[1]**,

–
having regard to Rule 59 of its Rules of Procedure,

–
having regard to the opinion of the Committee on the Environment, Public Health and Food
Safety,

–
having regard to the report of the Committee on Agriculture and Rural Development (A90142/2024),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially
amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national
parliaments.

**1**
_OJ C, C/2024/1583, 5.3.2024, ELI:_ [http://data.europa.eu/eli/C/2024/1583/oj](http://data.europa.eu/eli/C/2024/1583/oj) _._

10951/24 LS/ur 3

# ANNEX GIP.INST EN

**Amendment 1**

**Proposal for a regulation**
**Recital 2**

_Text proposed by the Commission_ _Amendment_

(2) Forests cover some 45% of the land

area in the Union and fulfil a

multifunctional role that comprises social,
economic, environmental, ecological and

cultural functions. Forests have a

premordial function as a carbon sink in the
climate mitigation policy. High-quality,
climate-adapted and _**diverse**_ FRM is

essential to cover these needs.

**Amendment 2**

**Proposal for a regulation**
**Recital 8**

(2) Forests cover some 45% of the land

area in the Union and fulfil a

multifunctional role that comprises social,
economic, environmental, ecological and
cultural functions. Forests have _**, among**_
_**other functions,**_ a premordial function as a
carbon sink in the climate mitigation
policy. High-quality, climate-adapted and
_**diversified**_ FRM is essential to cover these

needs.

_Text proposed by the Commission_ _Amendment_

(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.

(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 _**quality and**_ diversity
within species and seed lots. This aims to
facilitate the supply of high-quality and
genetically _**diversified**_ 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.

10951/24 LS/ur 4

# ANNEX GIP.INST EN

**Amendment 3**

**Proposal for a regulation**
**Recital 17 a (new)**

_Text proposed by the Commission_ _Amendment_

_**(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.**_

**Amendment 4**

**Proposal for a regulation**
**Recital 19 a (new)**

_Text proposed by the Commission_ _Amendment_

_**(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.**_

**Amendment 5**

**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

(22) The requirements for basic material
intended for the purpose of conservation
and sustainable use of forest genetic

resources are different from those for

10951/24 LS/ur 5

# ANNEX GIP.INST EN

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**_ .

**Amendment 6**

**Proposal for a regulation**
**Recital 31**

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.

_Text proposed by the Commission_ _Amendment_

(31) Professional operators should be
authorised by the competent authority to
print the official label under official
supervision for certain species and
categories of FRM. _**This will give more**_
_**flexbility to the professional operators in**_
_**relation to the subsequent marketing of**_
_**that**_ _**FRM. However, professional**_
_**operators can only start printing the label**_
_**once competent authority has certified**_

_**the FRM concerned.**_ That authorisation is

necessary due to the official character of
the official label and to guarantee the
highest possible quality standards for the

users of FRM. Rules should be set out for

the withdrawal or modification of that

(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**_

10951/24 LS/ur 6

# ANNEX GIP.INST EN

authorisation. _**marketing of that FRM.**_ Rules should be

set out for the withdrawal or modification

of that authorisation.

**Amendment 7**

**Proposal for a regulation**
**Recital 34**

_Text proposed by the Commission_ _Amendment_

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

to allow them to select the most

appropriate FRM for _**their**_ region.

**Amendment 8**

**Proposal for a regulation**
**Recital 38**

(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.

_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

(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

10951/24 LS/ur 7

# ANNEX GIP.INST EN

the general preparedness actions that
Member States should take on a voluntary

basis under the Union Civil Protection

Mechanism [31] .

_**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

Mechanism [31] . _**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.**_

__________________ __________________

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 9**

**Proposal for a regulation**
**Recital 43**

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).

_Text proposed by the Commission_ _Amendment_

(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.

**Amendment 10**

**Proposal for a regulation**
**Article 1 – paragraph 1**

(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.**_

10951/24 LS/ur 8

# ANNEX GIP.INST EN

_Text proposed by the Commission_ _Amendment_

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 and the national contingency
plans.

**Amendment 11**

**Proposal for a regulation**
**Article 2 – 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.

_Text proposed by the Commission_ _Amendment_

1. This Regulation applies to FRM of
the tree species and artificial hybrids
_**thereof**_, listed in Annex I.

**Amendment 12**

**Proposal for a regulation**
**Article 2 – paragraph 2 – point a**

1. This Regulation applies to FRM of
the tree species and artificial hybrids,
listed in Annex I _**,**_ _**with a view to being**_

_**marketed**_ .

_Text proposed by the Commission_ _Amendment_

(a) ensure the production and
marketing of high-quality FRM in the
Union and the functioning of the internal
market in FRM;

(a) ensure the production and
marketing of high-quality FRM in the
Union and the _**correct**_ functioning of the
internal market in FRM;

10951/24 LS/ur 9

# ANNEX GIP.INST EN

**Amendment 13**

**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 biodiversity _**, prevent the**_
_**use of invasive species**_ and restore forest
ecosystems _**and their functioning, inter**_
_**alia, by promoting interspecific and**_
_**intraspecific genetic variation**_ ;

**Amendment 14**

**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 15**

**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 _**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:

10951/24 LS/ur 10

# ANNEX GIP.INST EN

**Amendment 16**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 1 – point b**

_Text proposed by the Commission_ _Amendment_

(b) biodiversity conservation; (b) _**conservation of forest genetic**_
_**resources and**_ biodiversity conservation
_**and enhancement**_ ;

**Amendment 17**

**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, and supporting their**_
_**functioning**_ ;

**Amendment 18**

**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;**_

**Amendment 19**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 2**

_Text proposed by the Commission_ _Amendment_

(2) ‘afforestation’ means establishment
of forest through planting and/or
deliberate seeding on land that, until then,
was under a different land use implies a

(2) ‘afforestation’ means establishment
of forest through planting and/or
deliberate seeding _**of regional adapted**_
_**tree species**_ on land that, until then, was

10951/24 LS/ur 11

# ANNEX GIP.INST EN

transformation of land use form non
forest to forest [36] ;

under a different land use implies a

transformation of land use form non
forest to forest [36] ;

__________________ __________________

36 FAO (2020) Global Forest Resources

Assessment Terms and definitions.

https://www.fao.org/3/I8661EN/i8661en.
pdf.

**Amendment 20**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 3**

36 FAO (2020) Global Forest Resources

Assessment Terms and definitions.

https://www.fao.org/3/I8661EN/i8661en.
pdf.

_Text proposed by the Commission_ _Amendment_

(3) ‘reforestation’ means reestablishment of forest through planting
and/or deliberate seeding on land
classified as forest [37] ;

(3) ‘reforestation’ means reestablishment of forest through planting
and/or deliberate seeding _**of regional**_
_**adapted tree species**_ on land classified as
forest [37] ;

__________________ __________________

37 FAO (2020) Global Forest Resources

Assessment Terms and definitions.

https://www.fao.org/3/I8661EN/i8661en.
pdf.

**Amendment 120**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 3 a (new)**

37 FAO (2020) Global Forest Resources

Assessment Terms and definitions.

https://www.fao.org/3/I8661EN/i8661en.
pdf.

_Text proposed by the Commission_ _Amendment_

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

10951/24 LS/ur 12

# ANNEX GIP.INST EN

**Amendment 21**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 4**

_Text proposed by the Commission_ _Amendment_

(4) ‘seed unit’ means cones,
infructescenses, fruits and seeds intended
for the production of a planting stock;

**Amendment 22**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 7**

(4) ‘seed unit’ means cones,
infructescenses, fruits and seeds intended
for the production of a planting stock _**or**_
_**for direct seeding**_ ;

_Text proposed by the Commission_ _Amendment_

(7) ‘production’ means all stages in the
generation of _**the seed**_ and plants _**, the**_
_**conversion from seed unit to seed, and**_
_**the raising of plants from a**_ planting stock,
with a view _**for the respective FRM**_ to be
marketed;

**Amendment 23**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 8**

(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;

_Text proposed by the Commission_ _Amendment_

(8) ‘seed source’ means the trees within
_**an**_ area, from which _**seed**_ is collected;

**Amendment 24**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 15**

(8) ‘seed source’ means the trees within
_**a defined**_ area, from which _**a seed unit**_ is
collected;

10951/24 LS/ur 13

# ANNEX GIP.INST EN

_Text proposed by the Commission_ _Amendment_

(15) ‘unit of approval’ means the entire
area of basic material for the production
of FRM that has been authorised by the
competent authorities;

**Amendment 25**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 16**

(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;

_Text proposed by the Commission_ _Amendment_

(16) ‘unit of notification’ means the

entire area 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;

**Amendment 26**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 17**

(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;

_Text proposed by the Commission_ _Amendment_

(17) ‘seed lot’ means a set of seeds
_**collected**_ from approved basic material
and processed uniformly;

**Amendment 27**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 18**

(17) ‘seed lot’ means a set of _**extracted**_
_**and/or cleaned**_ seeds from approved basic
material and processed uniformly;

10951/24 LS/ur 14

# ANNEX GIP.INST EN

_Text proposed by the Commission_ _Amendment_

(18) ‘plant lot’ means a set of _**planting**_
_**stock that has**_ been _**grown**_ from a single
seed lot or a vegetatively propagated
_**planting stock**_ which _**has**_ been _**raised**_ in a
delineable area and processed uniformly;

**Amendment 28**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 19**

(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;

_Text proposed by the Commission_ _Amendment_

(19) ‘lot _**number**_ ’ means the

identification _**number**_ of the seed lot or

plant lot, as appropriate;

**Amendment 29**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 30**

(19) ‘lot _**code**_ ’ means the identification
_**code**_ of the seed lot or plant lot, as
appropriate;

_Text proposed by the Commission_ _Amendment_

(30) ‘marketing’ means the following
actions conducted by a professional
operator: sale, holding or offering for the
purpose of sale or any other way of
transferring, distribution within, or import
into the Union, whether free of charge or
not, of FRM;

(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;

**Amendment 30**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 31 – introductory part**

10951/24 LS/ur 15

# ANNEX GIP.INST EN

_Text proposed by the Commission_ _Amendment_

(31) ‘professional operator’ means any
natural or legal person involved
professionally in one or more of the
following activities:

**Amendment 31**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 42**

(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**_ :

_Text proposed by the Commission_ _Amendment_

(42) ‘deployment area for seed orchards’
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 and its components,
results of progeny and provenance trials,

environmental conditions and future

climatic change projections;

**Amendment 32**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 43**

(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;

_Text proposed by the Commission_ _Amendment_

(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

(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

10951/24 LS/ur 16

# ANNEX GIP.INST EN

climatic and ecological conditions of that
area, taking into account, as appropriate,
the origin or provenance of the clone(s),
results of progeny _**and**_ provenance trials,

the environmental conditions and future

climatic change projections;

**Amendment 33**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 45**

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;

_Text proposed by the Commission_ _Amendment_

(45) ‘natural regeneration’ means the
renewal of _**a**_ forest by _**trees that develop**_
_**from seeds which have fallen and**_
_**germinated in situ**_

**Amendment 34**

**Proposal for a regulation**
**Article 3 – paragraph 1 – point 47**

(45) ‘natural regeneration’ means the
renewal of _**the**_ forest by _**natural processes**_
_**through natural seeding, sprouting,**_
_**suckering or layering;**_

_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 _**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.

**Amendment 35**

**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**_

10951/24 LS/ur 17

# ANNEX GIP.INST EN

**Amendment 36**

**Proposal for a regulation**
**Article 5 – paragraph 1 – introductory part**

_Text proposed by the Commission_ _Amendment_

1. FRM derived from approved basic

material shall be marketed in accordance

with the following rules:

1. FRM derived from approved basic

material shall be marketed in accordance

with the following rules _**by professional**_

_**operators**_ :

**Amendment 121**

**Proposal for a regulation**
**Article 5 – paragraph 1 – point d – point iii a (new)**

_Text proposed by the Commission_ _Amendment_

_**(iiia)**_ _**the material is approved by the**_
_**competent authority;**_

**Amendment 122**

**Proposal for a regulation**
**Article 5 – paragraph 1 – point d – point iii b (new)**

_Text proposed by the Commission_ _Amendment_

_**(iiib)**_ _**it bears a label indicating the words**_
_**‘New Genomic Techniques’ in**_
_**accordance with Article 10 of Regulation**_
_**(EU) ... [OP: please insert a reference to**_
_**the upcoming NGT regulation].**_

**Amendment 37**

**Proposal for a regulation**
**Article 5 – paragraph 1 – point h – point ii**

_Text proposed by the Commission_ _Amendment_

(ii) germination percentage of the pure
seed;

(ii) germination percentage of the pure
seed _**; if testing procedures are being**_
_**carried out, the competent authorities**_
_**may authorise the marketing before the**_

10951/24 LS/ur 18

# ANNEX GIP.INST EN

_**results of tests; the supplier is obliged to**_
_**communicate the results of the tests to**_
_**the buyer as soon as available**_ ;

**Amendment 38**

**Proposal for a regulation**
**Article 5 – paragraph 1 – point h – point iv**

_Text proposed by the Commission_ _Amendment_

(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, the
number of viable seeds per kilogram.

**Amendment 39**

**Proposal for a regulation**
**Article 6 – paragraph 1 – point b**

(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**_ .

_Text proposed by the Commission_ _Amendment_

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

**Amendment 40**

**Proposal for a regulation**
**Article 6 – paragraph 1 – point c**

(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

_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;**_

10951/24 LS/ur 19

# ANNEX GIP.INST EN

**Amendment 124**

**Proposal for a regulation**
**Article 6 – paragraph 1 – point c a (new)**

_Text proposed by the Commission_ _Amendment_

_**(ca)**_ _**for species where vegetative**_
_**propagation is generally used for the**_
_**purpose of conservation of forest genetic**_
_**resources, a mixture of a sufficiently**_
_**varied array of clones in order to**_
_**maintain genetic diversity shall be used.**_

**Amendment 41**

**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 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.

**Amendment 42**

**Proposal for a regulation**
**Article 7 – paragraph 2 – subparagraph 2 – point b**

_Text proposed by the Commission_ _Amendment_

(b) the _**maximum duration**_ of the
authorisation;

(b) the _**time limit**_ of the authorisation;

10951/24 LS/ur 20

# ANNEX GIP.INST EN

**Amendment 43**

**Proposal for a regulation**
**Article 7 – paragraph 2 – subparagraph 2 – point c**

_Text proposed by the Commission_ _Amendment_

(c) _**obligations**_ as regards official
controls on the professional operators
applying that authorisation;

**Amendment 44**

**Proposal for a regulation**
**Article 9 – paragraph 1 – subparagraph 1**

(c) _**minimum requirements**_ as regards
official controls on the professional
operators applying that authorisation;

_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 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] . _**The Commission shall, at**_
_**the request of the Member State, make**_
_**available technical support for the**_
_**drawing-up of the contingency plan.**_

__________________ __________________

39 OJ L 347, 20.12.2013, p. 924. 39 OJ L 347, 20.12.2013, p. 924.

**Amendment 45**

**Proposal for a regulation**
**Article 9 – paragraph 1 – subparagraph 2**

_Text proposed by the Commission_ _Amendment_

That contingency plan shall be prepared That contingency plan shall be prepared

10951/24 LS/ur 21

# ANNEX GIP.INST EN

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**_ .

**Amendment 46**

**Proposal for a regulation**
**Article 9 – paragraph 1 – subparagraph 3 a (new)**

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.

_Text proposed by the Commission_ _Amendment_

_**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.**_

**Amendment 47**

**Proposal for a regulation**
**Article 9 – paragraph 3 – subparagraph 1 – point a a (new)**

_Text proposed by the Commission_ _Amendment_

_**(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;**_

**Amendment 48**

**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

(h) principles concerning the training of
personnel of the competent authorities

10951/24 LS/ur 22

# ANNEX GIP.INST EN

and, where appropriate, the bodies, public
authorities, laboratories, professional
operators and other persons referred to in
point (a).

and, where _**available and**_ appropriate, the
bodies, public authorities, laboratories,
professional operators and other persons
referred to in point (a).

**Amendment 49**

**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:

**Amendment 50**

**Proposal for a regulation**
**Article 10 – paragraph 1 – subparagraph 2**

Member States shall establish a national

register _**referred to in Article 12**_ that:

_Text proposed by the Commission_ _Amendment_

They shall be established in the _**Union**_ . They shall be established in the _**Member**_
_**State concerned and authorised by the**_
_**competent authority**_ .

**Amendment 51**

**Proposal for a regulation**
**Article 10 – paragraph 2**

_Text proposed by the Commission_ _Amendment_

2. Professional operators shall make

available to the users of their FRM _**all**_

necessary information concerning its
suitability for _**current and projected future**_
climatic and ecological conditions. That
information shall _**, prior to the transfer of**_
_**the FRM concerned,**_ be provided to the
potential purchaser through websites,

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**_

10951/24 LS/ur 23

# ANNEX GIP.INST EN

planters’ guides and other appropriate

means.

_**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**_ .

**Amendment 52**

**Proposal for a regulation**
**Article 12 – paragraph 3 – subparagraph 2 – point c**

_Text proposed by the Commission_ _Amendment_

(c) basic material; (c) _**type of**_ basic material;

**Amendment 53**

**Proposal for a regulation**
**Article 12 – paragraph 3 – subparagraph 2 – point j**

_Text proposed by the Commission_ _Amendment_

(j) in the case of qualified and tested
categories, information about the _**place of**_
production of clone(s) or clonal mixture(s),
where appropriate.

(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.

**Amendment 54**

**Proposal for a regulation**
**Article 12 – paragraph 3 – subparagraph 2 – point j a (new)**

_Text proposed by the Commission_ _Amendment_

_**(ja) any additional information if**_
_**available;**_

**Amendment 134**

**Proposal for a regulation**
**Article 12 – paragraph 3 – subparagraph 2 – point j b (new)**

_Text proposed by the Commission_ _Amendment_

_**(jb)**_ _**if applicable, the intellectual**_
_**property rights existing on the FRM.**_

10951/24 LS/ur 24

# ANNEX GIP.INST EN

**Amendment 55**

**Proposal for a regulation**
**Article 13 – paragraph 2**

_Text proposed by the Commission_ _Amendment_

2. That list shall reflect the details given

in the national lists referred to in Article

12(1) _**and show the area of utilisation**_ .

**Amendment 56**

**Proposal for a regulation**
**Article 13 a (new)**

2. That list shall reflect the details given

in the national lists referred to in Article

12(1).

_Text proposed by the Commission_ _Amendment_

_**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.**_

10951/24 LS/ur 25

# ANNEX GIP.INST EN

**Amendment 57**

**Proposal for a regulation**
**Article 14 – paragraph 1 – subparagraph 2**

_Text proposed by the Commission_ _Amendment_

The master certificate shall attest

compliance with the requirements of
Article 4(2).

The master certificate shall attest

compliance with the requirements of
Article 4(2) _**that the FRM is derived from**_
_**approved basic material**_ .

**Amendment 58**

**Proposal for a regulation**
**Article 14 – paragraph 1 – subparagraph 3 – point c a (new)**

_Text proposed by the Commission_ _Amendment_

_**(ca) Model master certificate for FRM**_
_**that is derived from a mixture.**_

**Amendment 59**

**Proposal for a regulation**
**Article 14 – paragraph 4 a (new)**

_Text proposed by the Commission_ _Amendment_

_**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.**_

**Amendment 60**

**Proposal for a regulation**
**Article 14 – paragraph 6 a (new)**

_Text proposed by the Commission_ _Amendment_

_**6a.**_ _**Each Member State shall establish**_

10951/24 LS/ur 26

# ANNEX GIP.INST EN

_**and update a national list of issued**_
_**master certificates and make that list**_

_**available to the Commission and**_

_**competent authorities.**_

**Amendment 61**

**Proposal for a regulation**
**Article 15 – paragraph 1 – subparagraph 1**

_Text proposed by the Commission_ _Amendment_

FRM shall, during all stages of production,
be kept separated by reference to
individual units of approval of basic
material 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.

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.

**Amendment 62**

**Proposal for a regulation**
**Article 15 – paragraph 1 – subparagraph 2 – point a**

_Text proposed by the Commission_ _Amendment_

(a) lot _**number**_ ; (a) lot _**code**_ ;

**Amendment 63**

**Proposal for a regulation**
**Article 15 – paragraph 1 – subparagraph 2 – point a a (new)**

_Text proposed by the Commission_ _Amendment_

_**(aa) purpose;**_

10951/24 LS/ur 27

# ANNEX GIP.INST EN

**Amendment 64**

**Proposal for a regulation**
**Article 15 – paragraph 1 – subparagraph 2 – point e**

_Text proposed by the Commission_ _Amendment_

(e) basic material; (e) _**type of**_ basic material;

**Amendment 65**

**Proposal for a regulation**
**Article 15 – paragraph 1 – subparagraph 2 – point i**

_Text proposed by the Commission_ _Amendment_

(i) in the case of seed units, the year of
ripening;

(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**_ ;

**Amendment 135**

**Proposal for a regulation**
**Article 15 – paragraph 1 – subparagraph 2 – point k a (new)**

_Text proposed by the Commission_ _Amendment_

_**(ka)**_ _**if applicable, the intellectual**_
_**property rights existing on the FRM.**_

**Amendment 66**

**Proposal for a regulation**
**Article 16 – paragraph 1**

_Text proposed by the Commission_ _Amendment_

1. An official label shall be issued by
the competent authority for every lot of
FRM attesting compliance of that FRM
with _**the requirements referred to in**_

Article 5.

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.

10951/24 LS/ur 28

# ANNEX GIP.INST EN

**Amendment 67**

**Proposal for a regulation**
**Article 16 – paragraph 1 a (new)**

_Text proposed by the Commission_ _Amendment_

_**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.**_

**Amendment 68**

**Proposal for a regulation**
**Article 16 – paragraph 2**

_Text proposed by the Commission_ _Amendment_

2. _**Competent authorities shall**_
_**authorise the professional operator to**_
_**print the official label after the competent**_
_**authority has attested compliance of that**_
_**FRM with the requirements referred to in**_
_**Article 5.**_ The professional operator is
authorised to print _**that**_ label, if, on the
basis of an audit, the competent authority
has concluded that the operator possesses
_**the**_ infrastructure and resources _**to print**_
_**the official label**_ .

**Amendment 69**

**Proposal for a regulation**
**Article 16 – paragraph 4 – introductory part**

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.

_Text proposed by the Commission_ _Amendment_

4. In addition to the information 4. In addition to the information

10951/24 LS/ur 29

# ANNEX GIP.INST EN

required under Article 15(1), the official
label shall contain all the following

information:

**Amendment 70**

**Proposal for a regulation**
**Article 16 – paragraph 4 – point b**

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:

_Text proposed by the Commission_ _Amendment_

(b) _**name**_ of the professional _**operator**_ ; (b) _**names**_ of the _**supplying**_ professional
_**operators, including their address and**_
_**registration number, and names of the**_
_**recipients including their address**_ ;

**Amendment 71**

**Proposal for a regulation**
**Article 16 – paragraph 4 – point e a (new)**

_Text proposed by the Commission_ _Amendment_

_**(ea) a QR code with instructions on how**_
_**to take care of, store and plant FRM.**_

**Amendment 72**

**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**_

**Amendment 136**

**Proposal for a regulation**
**Article 16 – paragraph 5 – subparagraph 1 – point d a (new)**

_Text proposed by the Commission_ _Amendment_

_**(da)**_ _**indication as to whether the**_
_**material is product of genetic**_
_**modification under Directive 2001/18/EC.**_

10951/24 LS/ur 30

# ANNEX GIP.INST EN

**Amendment 73**

**Proposal for a regulation**
**Article 16 – paragraph 5 a (new)**

_Text proposed by the Commission_ _Amendment_

_**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.**_

**Amendment 74**

**Proposal for a regulation**
**Article 17 – paragraph 1**

_Text proposed by the Commission_ _Amendment_

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

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**_ .

**Amendment 75**

**Proposal for a regulation**
**Article 18 – paragraph 3 – subparagraph 4 – introductory part**

_Text proposed by the Commission_ _Amendment_

That notification shall contain the

_**following**_ information _**:**_

_**(a)**_ _**botanical name;**_

_**(b)**_ _**category;**_

_**(c)**_ _**basic material;**_

_**(d)**_ _**register reference or, where**_
_**appropriate, summary thereof, or identity**_

That notification shall contain the

information _**referred to in Article 12(3).**_

10951/24 LS/ur 31

# ANNEX GIP.INST EN

_**code for region of provenance;**_

_**(e)**_ _**location: a short name, if**_
_**appropriate, and the region of**_
_**provenance and the latitudinal,**_
_**longitudinal and altitudinal range;**_

_**(f)**_ _**area: the size of a seed source(s) or**_
_**stand(s);**_

_**(g)**_ _**origin: indication whether the basic**_
_**material is autochthonous/indigenous,**_
_**non-autochthonous/non-indigenous or**_
_**whether the origin is unknown. For non-**_
_**autochthonous/ non-indigenous basic**_
_**material, indication of the origin if**_
_**known;**_

_**(h)**_ _**purpose: conservation and**_
_**sustainable use of genetic resources.**_

**Amendment 76**

**Proposal for a regulation**
**Article 19 – paragraph 2**

_Text proposed by the Commission_ _Amendment_

That authorisation shall be _**subject to**_
_**approval**_ _**by**_ the Commission.

**Amendment 77**

**Proposal for a regulation**
**Article 23 – paragraph 1**

That authorisation shall be _**notified**_ _**to**_ the

Commission.

_Text proposed by the Commission_ _Amendment_

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

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

10951/24 LS/ur 32

# ANNEX GIP.INST EN

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).

**Amendment 78**

**Proposal for a regulation**
**Article 23 – paragraph 3 – point a – point ii**

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).

_Text proposed by the Commission_ _Amendment_

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

ecosystems;

**Amendment 79**

**Proposal for a regulation**
**Article 24 – paragraph 1**

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

_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.

**Amendment 80**

**Proposal for a regulation**
**Article 25 – paragraph 2 – point c a (new)**

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.**_

_Text proposed by the Commission_ _Amendment_

10951/24 LS/ur 33

# ANNEX GIP.INST EN

_**(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.**_

**Amendment 81**

**Proposal for a regulation**
**Article 26 – paragraph 5**

_Text proposed by the Commission_ _Amendment_

5. As soon as it adopts a delegated act,
the Commission shall notify it
simultaneously to the European Parliament
and to the Council.

**Amendment 82**

**Proposal for a regulation**
**Article 28 – paragraph 1 – point a**

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.**_

_Text proposed by the Commission_ _Amendment_

(a) quantities of _**certified**_ FRM per year; (a) quantities of _**FRM per year, where a**_
_**master certificate was issued**_ ;

**Amendment 83**

**Proposal for a regulation**
**Article 28 – paragraph 1 – point b**

_Text proposed by the Commission_ _Amendment_

(b) number of adopted national
contingency plans to prepare for FRM

(b) number of adopted national
contingency plans _**by Member States**_ to

10951/24 LS/ur 34

# ANNEX GIP.INST EN

supply difficulties and the time needed to
activate those contingency plans;

prepare for FRM supply difficulties and the

time _**and resources**_ needed to activate

those contingency plans;

|Amendment 84 Proposal for a regulation Annex I – table 1|Col2|
|---|---|
|||
|_Text proposed by the Commission_|_Amendment_|
|Abies alba Mill.|Abies alba Mill.|
|Abies cephalonica Loud.|Abies cephalonica Loud.|
|Abies grandis Lindl.|Abies grandis Lindl.|
|[...]|[...]|
||**_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_**|
|[...]|[...]|
|Robinia pseudoacacia L.|Robinia pseudoacacia L.|
|Tilia cordata Mill.|Tilia cordata Mill.|
|Tilia platyphyllos Scop.|Tilia platyphyllos Scop.|

10951/24 LS/ur 35

# ANNEX GIP.INST EN

**Amendment 85**

**Proposal for a regulation**
**Annex II – Part B – point 2 – paragraph 1**

_Text proposed by the Commission_ _Amendment_

The seed source or stand shall consist of

one or more groups of trees. Those trees
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.

**Amendment 86**

**Proposal for a regulation**
**Annex II – Part B – point 4 – point a**

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.

_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.

**Amendment 87**

**Proposal for a regulation**
**Annex II – Part B – point 4 – point b**

(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**_ .

_Text proposed by the Commission_ _Amendment_

(b) The trees shall _**in**_ be practically free
from pests and their symptoms.

(b) The trees shall be practically free
from _**quality**_ pests and their symptoms.

10951/24 LS/ur 36

# ANNEX GIP.INST EN

**Amendment 88**

**Proposal for a regulation**
**Annex III – Part B – point 2**

_Text proposed by the Commission_ _Amendment_

2. Isolation: Stands shall be situated at

a sufficient distance from stands of poor
quality of the same 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.

**Amendment 89**

**Proposal for a regulation**
**Annex III – Part B – point 6 – point b**

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.

_Text proposed by the Commission_ _Amendment_

(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.

**Amendment 90**

**Proposal for a regulation**
**Annex IV – point 1 – 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.

_Text proposed by the Commission_ _Amendment_

(b) The _**professional operator shall**_
_**select**_ component clones or families for
their outstanding characteristics and _**shall**_
_**give**_ due weight to the requirements set
out in points 4 and 6 to 9 of Section B of

(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

10951/24 LS/ur 37

# ANNEX GIP.INST EN

Annex III, taking into account the specific
purpose for which the resulting FRM will

be used.

**Amendment 91**

**Proposal for a regulation**
**Annex IV – point 1 – point e**

III, taking into account the specific purpose
for which the resulting FRM will be used.

_Text proposed by the Commission_ _Amendment_

(e) The _**professional operator shall**_
_**manage**_ seed orchards and _**harvest**_ seed
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.

**Amendment 92**

**Proposal for a regulation**
**Annex IV – point 2 – point a**

(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.

_Text proposed by the Commission_ _Amendment_

(a) The _**professional operator shall**_
_**select**_ parents 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.

**Amendment 93**

**Proposal for a regulation**
**Annex V – point 1 – point a – paragraph 2**

(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.

10951/24 LS/ur 38

# ANNEX GIP.INST EN

_Text proposed by the Commission_ _Amendment_

The professional operators shall _**prepare,**_
_**lay out and conduct**_ tests _**set up**_ for the
approval of the basic material. _**They shall**_
_**interpret**_ the results _**of those tests**_ in
accordance with the internationally
recognised procedures. _**For**_ comparative
tests, _**the professional operator shall**_
_**compare the FRM under test with**_ one or
preferably several approved or pre-chosen
standards as described in point 3(b).

**Amendment 94**

**Proposal for a regulation**
**Annex V – point 1 – point a a (new)**

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**_ .

_Text proposed by the Commission_ _Amendment_

_**(aa) A minimum number of test areas of**_
_**a minimum size per tree species listed in**_
_**Annex I shall be fulfilled.**_

**Amendment 95**

**Proposal for a regulation**
**Annex V – point 1 – point b – point i**

_Text proposed by the Commission_ _Amendment_

(i) The _**professional operator**_ _**shall**_
_**design**_ tests to assess the relevant
characteristics specified in point (ii) and

_**shall indicate these**_ for each test in the

test records.

(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**_ .

10951/24 LS/ur 39

# ANNEX GIP.INST EN

**Amendment 96**

**Proposal for a regulation**
**Annex V – point 1 – point c – paragraph 1**

_Text proposed by the Commission_ _Amendment_

The professional operator shall _**keep**_
_**records describing the test sites,**_ including
the location, climate, soil, past use,
establishment, management and any
damage due to abiotic/biotic factors _**. He**_

shall make those records available to the

competent authority _**upon request**_ . The
competent authority shall record the age

of the basic material and the FRM and the

results at the time of the evaluation.

**Amendment 97**

**Proposal for a regulation**
**Annex V – point 1 – point d – point i**

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.

_Text proposed by the Commission_ _Amendment_

(i) _**The professional operator shall**_
_**raise, plant and manage**_ each sample of
FRM in an identical way as far as the types
of plant material permit.

**Amendment 98**

**Proposal for a regulation**
**Annex V – point 1 – point d – point ii**

(i) Each sample of FRM _**shall be raised,**_
_**planted and managed**_ in an identical way
as far as the types of plant material
permit.

_Text proposed by the Commission_ _Amendment_

(ii) _**The professional operator shall**_
_**establish**_ each experiment in a valid
statistical design _**with a sufficient number**_
_**of trees**_, in order that the individual
characteristics of each component under

examination can be evaluated.

(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.

10951/24 LS/ur 40

# ANNEX GIP.INST EN

**Amendment 99**

**Proposal for a regulation**
**Annex V – point 1 – point e – point i**

_Text proposed by the Commission_ _Amendment_

(i) _**The professional operator shall**_
_**analyse**_ the data from experiments using
internationally recognised statistical
methods and _**shall present**_ the results for

each characteristic examined.

**Amendment 100**

**Proposal for a regulation**
**Annex V – point 2 – point d – 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.

_Text proposed by the Commission_ _Amendment_

(i) The estimated superiority of the
FRM shall be calculated against a
reference population for a characteristic
or set of characteristics. The _**professional**_
_**operator shall define the**_ reference
population _**in the breeding program and**_
_**describe this reference population**_ in the

test reports.

**Amendment 101**

**Proposal for a regulation**
**Annex V – point 3 – point c – point ii**

(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.

_Text proposed by the Commission_ _Amendment_

(ii) _**The professional operator**_ shall
_**report**_ 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.

(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.

10951/24 LS/ur 41

# ANNEX GIP.INST EN