(1)

Council Directive 1999/105/EC (3) sets out rules on the production with a view to marketing and marketing of forest reproductive material (‘FRM’).

(2)

Forests cover some 45 % of the land area in the Union and fulfil a multifunctional role that comprises social, economic, environmental, ecological and cultural functions. inter alia, forests have a primordial function as a carbon sink in climate change mitigation policy. High-quality, climate-adapted and diverse FRM of proven identity is essential to fulfil those roles.

(3)

In the light of the developments in scientific or technical knowledge, the update of the Rules and Regulations of the Organisation for Economic Cooperation and Development (OECD) Scheme for the Certification of Forest Reproductive Material Moving in International Trade (‘OECD Forest Seed and Plant Scheme’), the new policy priorities of the Union in relation to sustainability, climate change adaptation and biodiversity and in particular Commission Communication of 11 December 2019 entitled ‘The European Green Deal’, as well as the experience gained during the implementation of Directive 1999/105/EC, that Directive should be replaced by a new act. In order to ensure uniform application of the new rules throughout the Union, that act should take the form of a Regulation.

(4)

The aim of the OECD Forest Seed and Plant Scheme is to encourage the production and use of seeds, parts of plants and plants that have been collected, processed and marketed in a manner that ensures the high quality and availability of FRM. Due to the long growth cycles of forests, the cost of plantations and the long-term nature of forest investments, it is essential that foresters receive fully reliable information on the origin and the genetic characteristics of the FRM they use in their plantations. The OECD Forest Seed and Plant Scheme meets that need through certification and traceability. It has a major role in helping the world’s forests adapt to changing climatic conditions. Emphasis is placed on ensuring high genetic diversity within species and on preserving species diversity, including by diversification in forest plots. As a result, the adaptive potential of forests is maintained and improved for the future replanting of an area with trees (‘reforestation’) and the creation of new forests (‘afforestation’). Reforestation can be required as a part of sustainable forest management or when parts of an existing forest have been affected by extreme weather events, wildfires, diseases, pest outbreaks and other disasters.

(5)

The European Green Deal sets out the Commission’s commitment to tackling climate change and environment-related challenges. It aims to transform the Union’s economy to create a more sustainable future. The Union rules on the production and marketing of FRM need to be in line with Regulation (EU) 2021/1119 of the European Parliament and of the Council (4), which establishes the Union framework for achieving climate neutrality, and with the three implementing strategies of the European Green Deal, as presented in Commission Communication of 20 May 2020 entitled ‘EU Biodiversity Strategy for 2030 – Bringing nature back into our lives’ (‘EU Biodiversity Strategy’), Commission Communication of 24 February 2021 entitled ‘Forging a climate-resilient Europe – the new EU Strategy on Adaptation to Climate Change’ (‘EU Adaptation Strategy’) and Commission Communication of 16 July 2021 entitled ‘New EU Forest Strategy for 2030’ (‘EU Forest Strategy’).

(6)

Regulation (EU) 2021/1119 requires relevant Union institutions and Member States to ensure continuous progress in enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change. One of the aims of the EU Adaptation Strategy is therefore to accelerate the capacity of the Union to adapt to climate change, including by amending the rules on FRM. Union law should encourage the Union-wide production and marketing of FRM.

(7)

The key objectives of the EU Forest Strategy are effective afforestation and forest preservation and restoration in the Union. Pursuing these objectives will help to increase the absorption of CO2, to reduce the incidence and extent of forest fires, and to promote the bio-economy, whilst fully respecting those ecological principles that favour biodiversity. Ensuring forest restoration and reinforcing sustainable forest management are essential for adapting to climate change and for forest resilience. In that regard, the EU Forest Strategy states that adapting forests to climate change and restoring forests following climate damage will require large quantities of appropriate FRM. This implies efforts to secure and sustainably use the forest genetic resources on which a more climate-proof forestry depends. Efforts are also needed to increase the production and availability of such FRM, to provide better information on its suitability for the specific climatic and ecological conditions of the area where it is intended to be sown or planted and to enhance the collaborative production and transfer of such FRM across national borders within the Union.

(8)

The EU Biodiversity Strategy aims to put Union biodiversity on the path to recovery by 2030. Under that strategy, Union law is to prioritise the preservation of species diversity and ensure high genetic diversity within species and lots of FRM in order to facilitate the supply of high-quality and genetically diverse FRM of proven identity that is adapted, or adaptable, to current and projected climatic conditions. The conservation and the improvement of the biodiversity of forests, including the genetic diversity within individual tree species, are essential for the sustainable forest management and the conservation of forest genetic resources, and thus for supporting the adaptation of forests to climate change.

(9)

There is a long-term cross-border dimension due to the fact that the northward migration of vegetation zones, which has already been observed, is expected to accelerate significantly in the coming decades. As a result, the requirement in this Regulation to provide information about the areas where FRM is adapted to local conditions would be an extremely useful asset to foresters. Competent authorities should have the possibility to designate such areas (‘deployment areas’).

(10)

Directive 1999/105/EC defines FRM in relation to its importance for forestry purposes in all or part of the Union, but it remains vague about those forestry purposes. For the sake of clarity, the scope of this Regulation should therefore list the purposes for which it is important to use high-quality FRM. FRM may be produced for use in afforestation, reforestation, diversification in a forest plot and other tree planting and direct seeding for one or more of the following purposes: multifunctional forestry, production of wood, biomaterials, biomass or other forest products and conservation of forest genetic resources.

(11)

However, agroforestry should be excluded from the scope of this Regulation because it is considered, along with precision agriculture, organic farming, agro-ecology and low intensity permanent grassland, as one of the many agricultural practices contributing to the protection of biodiversity, ecosystem services and landscape features. Agroforestry features, and in particular hedgerows, are recognised as non-productive agricultural elements that protect agricultural fields, thus covering objectives and purposes beyond the ones set out by this Regulation.

(12)

Research has shown the utmost importance of basing the assessment and approval of basic material on the specific purpose for which the FRM will be used. Furthermore, the sowing and planting of high-quality FRM in the right place has a positive impact on the purpose for which that FRM is used. Sowing and planting ‘in the right place’ means that the FRM is genetically and phenotypically suited to the site where it is grown, including the relevant climate projections for it.

(13)

Upon approval of basic material, competent authorities should make a distinction between autochthonous and indigenous seed sources or stands. Professional operators should have the option to reflect this distinction in the professional operator’s document.

(14)

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

(15)

Union rules on the production for marketing and on the marketing of FRM should take into account practical needs and should apply only to certain species and their hybrids that are important for the objectives of this Regulation. Those species should be listed in this Regulation.

(16)

The aim of this Regulation is to help to maintain and establish resilient forests, to restore forest ecosystems, to support their ecosystem services and to establish other tree plantings. This will be achieved in particular by the sustainable production, marketing and traceability of high-quality FRM and by ensuring that users are informed prior to the purchase of FRM about the specific climatic and ecological conditions in which the respective basic material was located.

(17)

To ensure that certified FRM is adapted to the specific climatic and ecological conditions of the area where it is intended to be sown or planted, the competent authorities should assess the sustainability characteristics of basic material during the procedure for its approval. Those sustainability characteristics should cover the adaptation of that basic material to the specific climatic and ecological conditions, including the biotic and abiotic factors prevailing in the region of provenance and its resistance or tolerance to pests and to the adverse climatic and site conditions in which it grew.

(18)

In order to ensure the highest possible quality of FRM, it should be harvested only from basic material registered in a national register. Rules should be laid down on the harvesting and collection of FRM from basic material in order to ensure the high quality and traceability of such FRM. In order to enable competent authorities to supervise the harvesting and collection, professional operators should notify them in advance of their intention to harvest.

(19)

Basic material should be assessed and approved by the competent authorities. Approved basic material should be registered in a national register with a unique register reference and by reference to a unit of approval.

(20)

However, in order to ensure greater flexibility with regard to FRM of the ‘source-identified’ category in the event of extreme weather and climatic conditions, competent authorities should have the possibility, upon the approval by the Commission, to authorise professional operators to approve for certain species basic material intended for the production of FRM of that category.

(21)

In order to reflect the developments in scientific or technical knowledge and in applicable international standards, it should be possible to include the use of biochemical and molecular techniques in the procedure for the approval of basic material as a complementary method.

(22)

To ensure an effective overview of, and transparency concerning, FRM produced and marketed throughout the Union, each Member State should establish, publish and keep up to date, in electronic format, a national register of the basic material of the various species and their hybrids approved on its territory.

(23)

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

(24)

A master certificate should be issued by the competent authorities for all FRM that is derived from approved basic material. The master certificate should ensure the identification of the FRM, contain information about its origin and provide the most appropriate details for its users and the competent authorities in charge of its official control. It should be possible to issue the master certificate in electronic form.

(25)

Each Member State should establish and update a national list of master certificates issued and make that list available to the Commission and to the competent authorities of all other Member States.

(26)

Only FRM that has been harvested from approved basic material should be allowed to be subsequently certified and marketed. FRM should be certified as ‘source-identified’, ‘selected’, ‘qualified’ and ‘tested’ by the competent authorities and be marketed with a reference to those categories. The ‘source-identified’, ‘selected’, ‘qualified’ and ‘tested’ categories of FRM should be subject to uniform production and marketing requirements, to ensure transparency, to create equal conditions for professional operators across the Union, and to safeguard the integrity of the internal market.

(27)

Basic material intended for the production of FRM for the purpose of conservation of forest genetic resources is different from basic material intended for the production of FRM for commercial purposes because of the different selection criteria applicable to those two types of basic material. Therefore, it should be possible to authorise professional operators, under certain conditions, to approve basic material intended for the production of FRM for the purpose of conservation of forest genetic resources. Authorised professional operators should approve such basic material in accordance with the requirements laid down in this Regulation and with reference to a unit of approval, and communicate the details of that unit of approval to the competent authority. The decision on the inclusion of that basic material in the national register should be taken by the competent authority of the Member State concerned.

(28)

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

(29)

On the basis of experience gained from the application of Directive 1999/105/EC, and taking into account the OECD Forest Seed and Plant Scheme, the competent authority should assess basic material intended for the production of FRM of the ‘selected’ category. That assessment should be based on the observation of the characteristics of that basic material and should take into account the specific purpose for which the FRM harvested from that basic material is to be used. The overall quality of that category should be ensured. The reproductive population should have at least a certain degree of uniformity.

(30)

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

(31)

Basic material that is intended for the production of FRM of the ‘tested’ category should be subject to the most stringent requirements possible. The superiority of FRM should be assessed by reference to one or preferably more approved or pre-chosen standards. Those standards should be determined on the basis of the purpose for which the FRM of the ‘tested’ category will be used. Following the selection of the components of the basic material, the superiority of the FRM should be demonstrated by comparative testing or estimated by evaluating the genetic components of that basic material. The competent authority should be involved in this process. It should approve the experimental design and tests for the approval of the basic material, verify the records provided by the professional operator and approve either the results of the tests concerning the superiority of the FRM or the genetic evaluation. In carrying out those tasks, the competent authority should seek alignment with the applicable international standards pursuant to the OECD Forest Seed and Plant Scheme and other applicable international standards, and should take into account the experience gained from the application of Directive 1999/105/EC.

(32)

The assessment of basic material intended for the production of FRM of the ‘tested’ category takes on average 10 years. In order to ensure faster market access of FRM in that category while the assessment of the basic material is still ongoing, Member States should have the possibility to temporarily approve the basic material for a maximum period of 10 years. That approval should be granted only if the provisional results of the genetic evaluation or comparative tests indicate that that basic material will satisfy the requirements of this Regulation when the tests are completed. In order to ensure that the approval remains appropriate, those results should be re-examined after 10 years at the latest.

(33)

The compliance of marketed FRM with the requirements for the ‘source-identified’, ‘selected’, ‘qualified’ and ‘tested’ categories should be attested by an official label. Before being marketed or directly used, and until the official label is issued, harvested FRM should bear a provisional label to ensure traceability.

(34)

In addition to the official label, professional operators should also issue a professional operator’s document. It should contain all information from the official label, as well as supplementary information. This is necessary in order to inform the user as comprehensively as possible about the FRM and to record that information in the most effective manner.

(35)

Genetically modified FRM should only be marketed if it is safe for human health and the environment and has been authorised for cultivation pursuant to Directive 2001/18/EC (5) or Regulation (EC) No 1829/2003 (6) of the European Parliament and of the Council and if that FRM belongs to the ‘tested’ category. It should be possible to market FRM obtained by certain new genomic techniques only if it complies with the requirements of Regulation (EU) 2026/1388 of the European Parliament and of the Council (7) and if that FRM belongs to the ‘tested’ category.

(36)

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

(37)

In order to ensure the smooth functioning of the internal market and create a level playing field, certain requirements should be laid down concerning the obligation of professional operators to ensure traceability and identification of FRM at all stages of production and marketing, and to make those operators subject to official controls. Before being entrusted with performing all or certain activities required for the production and marketing of FRM under the official supervision of the competent authority, professional operators should have been authorised by the competent authority. Rules should be laid down concerning the granting, withdrawal or modification of such authorisation and for the performance of official supervision by the competent authorities.

(38)

In particular, it should be possible for the competent authorities to authorise professional operators to issue and print the official label under official supervision for certain species and categories of FRM. This will give more flexibility to the professional operators in relation to the subsequent marketing of that FRM. However, professional operators should only be allowed to start issuing and printing the official label once the FRM has been found to comply with the applicable requirements. That authorisation is necessary due to the official character of the official label and in order to guarantee the highest possible quality standards for the users of FRM.

(39)

Insofar as certain species and their hybrids are not subject to the measures contained in this Regulation, Member States may, for those species and hybrids and in respect of their own territory, take equivalent or more stringent or less stringent measures.

(40)

In order to ensure transparency and more effective controls on the production and marketing of FRM, professional operators should be registered in the registers established by Member States pursuant to Regulation (EU) 2016/2031 of the European Parliament and of the Council (8). This is necessary for the correct functioning of the official register of professional operators and to avoid double registration. The professional operators to whom this Regulation applies are to a great extent covered by the scope of the official register of professional operators under Regulation (EU) 2016/2031.

(41)

Prior to the transfer of FRM, professional operators should facilitate the access of potential users of their FRM to the existing available information concerning the FRM’s suitability for specific climatic and ecological conditions, in order to allow the users to select the most appropriate FRM for its intended use in the intended location.

(42)

In the case of basic material intended for the production of FRM of the ‘source-identified’ and ‘selected’ categories, the Member States should, for the relevant species, demarcate the regions of provenance, in order to identify areas or groups of areas with sufficiently uniform ecological conditions and containing basic material with similar phenotypic or genetic characteristics. This is necessary because the FRM produced from that basic material is to be marketed with reference to those regions of provenance.

(43)

Provisions should be laid down concerning the updrawing up and keeping up to date of contingency plans for one or more tree species that Member States can establish to ensure that they are prepared and have the capacity to establish a sufficient supply of FRM needed to reforest areas affected by extreme weather events, wildfires, diseases, pest outbreaks, disasters or any other adverse event. Rules should be set out concerning the content of the contingency plans in order to ensure proactive and effective action against such risks, if they emerge. It should also be possible to adapt the content of the contingency plans to the specific climatic and ecological conditions in Member States’ territories. Those possibilities should also reflect the general preparedness actions that Member States take on a voluntary basis under the Union Civil Protection Mechanism, established by Decision No 1313/2013/EU of the European Parliament and of the Council (9).

(44)

In order to ensure its traceability, FRM should, during all stages of production and marketing, be kept in separate lots by reference to individual units of approval, and to the master certificate once it has been issued. For reasons of transparency and traceability, each lot of FRM should be identified by the lot code and, upon issuance of the master certificate, by the master certificate code.

(45)

Only seeds that meet certain quality standards should be marketed. They should be labelled and marketed only in closed packages which are sealed, in order to enable them to be correctly identified, to ensure their quality and traceability, and to avoid fraud.

(46)

During periods in which there are temporary difficulties in harvesting sufficient supplies of FRM from certain species, it should be possible to temporarily approve basic material or FRM satisfying less stringent quality requirements, subject to certain conditions. Those less stringent requirements should cover the approval of basic material intended for the production of different categories of FRM or marketing of FRM that satisfies less stringent quality requirements. This is necessary to ensure a flexible approach in the areas affected by adverse circumstances and to avoid disruptions of the internal market in FRM.

(47)

In order to harmonise the performance of official controls and other official activities in relation to FRM throughout the Union, rules should be laid down concerning the designation of, and requirements concerning, the competent authorities responsible for such tasks, as well as concerning the performance and possible delegation of such tasks.

(48)

Commission experts should be able to perform controls, including audits, in Member States to verify the application of the relevant Union legislation and the functioning of national control systems and competent authorities.

(49)

In order to ensure good administration principles and public trust, competent authorities should perform official controls with a high level of transparency. For that purpose, they should make available to the public, including through publication on the internet, relevant information concerning the organisation and the performance of official controls, including, as relevant, the type and number of official controls, the cases of non-compliance, the measures taken and the penalties imposed.

(50)

FRM should be imported from third countries only 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 imported FRM affords the same level of quality as the FRM produced in the Union. That approach will ensure that imported FRM not only meets Union standards but that it also contributes to genetic diversity and sustainability.

(51)

Extreme weather and climatic conditions may cause shortages of FRM in one or more Member States that cannot be addressed by the other Member States or by third countries in respect of which equivalence has been granted. Therefore, in those exceptional cases those Member States should be allowed, subject to certain conditions, to temporarily import FRM from third countries other than those for which equivalence has been granted. When assessing those conditions, the Commission should also take into account the specific needs of the Member States concerned, such as the origin and the genetic characteristics of the FRM concerned.

(52)

Where FRM is imported into the Union from a third country, the professional operator concerned should inform the relevant competent authority of that import in advance through the information management system for official controls (IMSOC) set up pursuant to Regulation (EU) 2017/625 of the European Parliament and of the Council (10). Moreover, imported FRM should be accompanied by an OECD certificate or an equivalent official certificate issued by the third country of origin and records containing details of that FRM provided by the professional operator in that third country. An OECD label or equivalent official label should be attached to that FRM, since this is necessary to ensure informed choices for the users of that FRM and to facilitate the conduct of the relevant official controls by the competent authorities.

(53)

In order to monitor the impact of this Regulation and to allow the Commission to assess the measures introduced, Member States should report every five years about quantities of certified FRM by categories per year, the number of adopted contingency plans, the available and relevant websites and planters’ guides, as well as the quantities of FRM per genera and species imported from third countries, penalties imposed and the number of registered professional operators.

(54)

In order to adapt this Regulation to ecological changes, and in particular to the shift in tree species and their ranges as a result of climate change, as well as to reflect the developments in scientific or technical knowledge, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission in respect of amending this Regulation by adding tree species to, or removing them from, the list of species that are subject to this Regulation depending on whether they fulfil, or cease to fulfil, certain criteria.

(55)

In order to reflect developments in scientific or technical knowledge and in the OECD Forest Seed and Plant Scheme and other applicable international standards, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending the requirements of the approval of basic material intended for the production of FRM of ‘source-identified’, ‘selected’, ‘qualified’ and ‘tested’ categories, as well as the categories under which FRM from the different types of basic material may be marketed.

(56)

In order to reflect the developments in scientific or technical knowledge, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of supplementing this Regulation by setting out certain requirements concerning seed units lots of the tree species covered by this Regulation other than their hybrids, concerning parts of plants of such species and their hybrids, concerning external quality standards for Populus spp. propagated by stem cuttings, with or without roots, concerning planting stock of the tree species and their hybrids covered by this Regulation, and concerning planting stock to be marketed to final users in regions with particular eco-climatic conditions.

(57)

In order to ensure clarity and a harmonised approach with the establishment and implementation of the contingency plans, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of supplementing this Regulation by specifying the elements that can be included in a contingency plan pursuant to this Regulation.

(58)

In order to increase the credibility of the system for the authorisation of the professional operators and the official supervision by the competent authorities, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of supplementing this Regulation by laying down the procedure for the application for authorisation to be submitted by the professional operator, and for confirming compliance with the applicable requirements.

(59)

In order to achieve the aim of Commission Communication of 9 March 2021 entitled ‘2030 Digital Compass: the European way for the Digital Decade’, which is to make the transformation to digital technologies work for people and businesses, and to take account of the technical developments in the digitalisation of services, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of supplementing this Regulation by establishing rules concerning digital recording of the main actions concerning the verification of the requirements for the approval of the basic material and the production of FRM which lead to the issuance of master certificates, official labels and professional operator’s documents and concerning the establishment of a centralised platform that connects all the Member States and the Commission.

(60)

It is of particular importance that the Commission carry out appropriate consultations during its preparatory work on delegated acts, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (11). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(61)

In order to ensure a proportionate approach, it should not be necessary for certain requirements to be fulfilled when marketing small quantities of seeds. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to determine what constitutes a small quantity in relation to individual species entitling them to be excluded from certain marketing requirements.

(62)

In order to ensure uniform conditions for the implementation of this Regulation, and to ensure that authorised professional operators carry out the approval of basic material intended for the production of FRM for the purpose of conservation of forest genetic resources correctly and in a coherent manner, implementing powers should be conferred on the Commission in respect of specific conditions for assessing the eligibility of professional operators to be authorised to approve basic material and the conditions for the communication of the details of the unit of approval to the competent authority.

(63)

In order to ensure uniform conditions for the implementation of this Regulation, and to address temporary difficulties in the general supply of FRM, implementing powers should be conferred on the Commission with respect to authorising one or more Member States to temporarily allow the marketing of FRM satisfying, or deriving from basic material which satisfies, less stringent requirements than those laid down in this Regulation.

(64)

In order to ensure uniform conditions for the implementation of this Regulation, and facilitate the recognisability and use of master certificates, implementing powers should be conferred on the Commission with respect to adopting the content and the model for the master certificate as well as to laying down rules concerning the mechanisms and technical arrangements to ensure the issuance of accurate and reliable master certificates, and to prevent the risk of fraud, the procedures to be followed in the case of withdrawal of master certificates and for the issuance of replacement certificates, rules for the production of certified copies of master certificates, and rules for the issuance of electronic certificates and for the use of electronic signatures.

(65)

In order to ensure uniform conditions for the implementation of this Regulation, and ensure a harmonised framework for the labelling and provision of information concerning FRM, implementing powers should be conferred on the Commission with respect to setting out the format, size, shape and colour of the official label and the professional operator’s document for all or specific categories of FRM. When defining the colour, the Commission should take into account the Rules and Regulations in the OECD Forest Seed and Plant Scheme. Member States should be allowed to apply the rules on colour as appropriate.

(66)

In order to ensure uniform conditions for the implementation of this Regulation, and to reflect developments concerning the digitisation of the FRM sector, implementing powers should be conferred on the Commission with respect to setting out the technical arrangements for the issuance of electronic master certificates, electronic official labels and electronic professional operators’ documents.

(67)

In order to ensure uniform conditions for the implementation of this Regulation, and to ensure the approval of basic material of the ‘source-identified’ category by the professional operators, implementing powers should be conferred on the Commission in respect of granting such approval, subject to certain conditions.

(68)

In order to ensure uniform conditions for the implementation of this Regulation, and to ensure the correct use of the derogation concerning provisional approval of basic material intended for the production of FRM of the ‘tested’ category, implementing powers should be conferred on the Commission in respect of specifying the maximum number of units of FRM and the maximum area size that can be subject to such approval.

(69)

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

(70)

In order to ensure uniform conditions for the implementation of this Regulation, while enabling the implementation of national or regional approaches concerning the production and marketing of FRM and with the aim of improving of the quality of the FRM concerned, the protection of the environment, or the contribution to the protection of biodiversity and the restoration of forest ecosystems, implementing powers should be conferred on the Commission with respect to authorising Member States, under certain conditions, to adopt more stringent or additional requirements for the approval of basic material and the production of FRM, to restrict the approval of basic material intended for the production of FRM of the ‘source-identified’ category or to prohibit the marketing to the end user with a view to sowing or planting in all or part of its territory of specified FRM where that FRM is not suitable for the forestry ecological conditions of the Member State concerned and the relevant purposes.

(71)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with respect to deciding that the FRM of specific genera, species, or categories, and, where appropriate, deriving from specific types of basic material or of a specific region of provenance, produced in a third country, fulfils requirements equivalent to those applicable to FRM produced and marketed in the Union.

(72)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with respect to laying down certain rules on uniform practical arrangements for the performance of the official controls to verify compliance with the rules on FRM.

(73)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with respect to specifying the technical format, including as regards the digital submission and processing to be used for the reports to be submitted by the Member States to the Commission concerning quantities of certified FRM by categories per year, number of adopted contingency plans, available and relevant websites and planters’ guides, the quantities of FRM per genera and species imported from third countries, the penalties, and the number of registered professional operators.

(74)

The implementing powers conferred on the Commission under this Regulation should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (12).

(75)

Only healthy FRM should be allowed for marketing throughout the Union. FRM marketed in accordance with this Regulation should also comply with the rules laid down, or provided for, in the relevant provisions of Regulation (EU) 2016/2031 concerning Union quarantine pests, protected zone quarantine pests and Union regulated non-quarantine pests, and with the measures adopted pursuant to Article 30(1) of that Regulation.

(76)

Quality pests are pests that are not subject to Regulation (EU) 2016/2031. They can occur during the production of FRM, and when FRM is stored for a long period under conditions of excessive moisture or humidity. Their presence on FRM that is marketed should therefore be so low that there is no adverse effect on its quality.

(77)

In order to improve the consistency of the rules concerning FRM with the rules of Regulation (EU) 2016/2031 on plant passports, combining the official label for FRM with the plant passport should be allowed.

(78)

Because of the specificities of the FRM sector, it is appropriate for this Regulation to lay down its own provisions on the official controls of FRM. In order to ensure that official controls concerning FRM are applied consistently across Member States, to create synergies with the system of official controls in similar sectors, in particular that of plant health, and to enable Member States to use existing instruments and tools such as IMSOC for the verification of compliance with the rules on FRM, provisions on official controls in this Regulation should be applied in addition to the relevant provisions of Regulation (EU) 2017/625 where necessary.

(79)

It is understood that Member States’ competent authorities entrusted with carrying out tasks under this Regulation can also be competent authorities designated in accordance with Article 4 of Regulation (EU) 2017/625 and, therefore, responsible for the organisation of the official controls and other official activities in other areas.

(80)

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

(81)

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

(82)

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

(83)

In view of the time and resources required for the competent authorities and the professional operators concerned to adapt to the new requirements set out in this Regulation, this Regulation should apply from 17 July 2031.

(84)

In order to avoid any disruption of the production and marketing of FRM in the Union, FRM produced before 17 July 2031 in accordance with Directive 1999/105/EC or national rules should be allowed to continue to be marketed until exhaustion of the respective stocks. For the same reason, FRM produced in accordance with Directive 1999/105/EC should be allowed to continue to be marketed with a master certificate issued pursuant to that Directive,