Explanatory Memorandum to COM(2024)387 - - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)387 - . |
|---|---|
| source | COM(2024)387 |
| date | 04-09-2024 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
In accordance with Article 19(1) of Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material0, the Council, acting by a qualified majority on a proposal from the Commission, is to determine whether forest reproductive material produced in a third country affords the same assurances as regards the approval of its basic material and the measures taken for its production with a view to marketing as does forest reproductive material produced within the Union and complying with the provisions of that Directive.
Council Decision 2008/971/EC0 establishes provisions on the equivalence of forest reproductive material produced in third countries. It establishes, firstly, the equivalence of the systems for approval and registration of basic material and subsequent production of reproductive material from this basic material applied in the third countries listed in its Annex I, and, secondly, general rules for determining the equivalence of forest reproductive material produced in third countries. It also specifies the conditions under which forest reproductive material (‘FRM’) of the ‘source identified’, ‘selected’ and ‘qualified’ categories produced in a third country listed in Annex I to that Decision may be imported into the Union.
In July 2007, the OECD Council adopted a Scheme for the Certification of Forest Reproductive Material Moving in International Trade0 (‘OECD Forest Seed and Plant Scheme’). The third countries listed in Decision 2008/971/EC apply national rules for FRM certification based on that Scheme. In 2011, its rules covered forest reproductive material of the ‘source-identified’, ‘selected’, and ‘qualified’ categories. The OECD Forest Seed and Plant Scheme rules were amended in 2013 to include the ‘tested’ category.
An examination of the amended OECD rules has shown that the conditions for the approval of basic material in the ‘tested category’ therein correspond to the requirements laid down in Directive 1999/105/EC.]
The present proposal aims to extend the equivalence regime for the import of FRM established by Decision 2008/971/EC to the ‘tested’ category, in line with the amended OECD rules of 2013. It provides (i) conditions for determining whether FRM of the ‘tested’ category imported from a certain third country can be considered as equivalent to FRM produced within the Union and complying with Directive 1999/105/EC, as well as (ii) the additional conditions as regards seed and planting stocks set out in Decision 2008/971/EC.
This draft decision, once adopted, should replace the temporary authorisation granted by Commission Implementing Decision (EU) 2021/7730 authorising each Member State, in accordance with Article 19(3) of Directive 1999/105/EC, to decide until 31 December 2024 whether FRM of the ‘tested’ category produced in a specific third country affords the same guarantees as FRM produced in the Union and complying with Directive 1999/105/EC.
• Consistency with existing policy provisions in the policy area
This is a technical implementation of existing requirements set out in Directive 1999/105/EC. It is thus consistent with the current rules on ‘tested’ category of FRM and the overall rules concerning imports of FRM into the Union and recognition that the requirements in the third countries concerned are equivalent to the Union requirements for FRM.
• Consistency with other Union policies
By aiming to safeguard the smooth continuation of trade in FRM and the maintenance of the continuous supply of high-quality FRM in the Union, this proposal contributes to the overall policies of the Common Agricultural Policy, the European Green Deal0 and related legislation and strategies: the European Climate Law0, the new EU Strategy on adaptation to climate change0, the New EU forest strategy for 20300 and the EU Biodiversity strategy for 20300.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
Like Decision 2008/971/EC, the act to be amended by this proposal, the proposal is also based on Article 19 (2) of Directive 1999/105/EC.
• Subsidiarity (for non-exclusive competence)
The production and marketing of FRM belongs to the shared competence between the Union and its Member States, as the respective legal act (Directive 1999/105/EC) is based on Article 43 TFEU (former Article 37 of the Treaty establishing the European Community).
As the FRM sector has been largely regulated at Union level, legislation in this field is predominantly a role for the Union institutions, as set out in Article 2(2) TFEU. The main objectives of that sector, namely import of high quality of FRM and functioning of the internal market, cannot be sufficiently achieved at Member States level, due to the complexity of the respective rules and the cross-border challenges of climate crisis, biodiversity protection and sustainable development.
The Union may therefore adopt in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union, a common approach with regard to the import of FRM in the Union.
• Proportionality
This is the only possible form of Union action, and those requirements are the most appropriate ones, to achieve the pursued objectives, namely :
(i) import of high quality FRM for all users in the Union;
(ii) good functioning of the internal market;
(iii) a level playing field for the professional operators concerned; and
(iv) facilitation of trade in view of adaptation to, and mitigation of climate change.
• Choice of the instrument
The Commission proposes a Decision of the Council, the same type of legal instrument as the act to be amended by this proposal (Decision 2008/971/EC).
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
Not applicable.
• Stakeholder consultations
There have been no public consultations as this is a technical initiative of limited interest for the general public. Furthermore, stakeholders have not been consulted on equivalence with EU requirements for other categories of FRM.
• Collection and use of expertise
The Union and Member States are closely involved in the development of the OECD Seed Schemes and the OECD Forest Seed and Plant Scheme. The Commission has examined the OECD rules, as well as the respective national rules of the respective third countries that implement that Scheme, as regards the ‘tested’ category. That examination has shown that the conditions for approval of basic material satisfy the requirements laid down in Directive 1999/105/EC for that category. For this reason, no further collection and use of expertise has been considered necessary, as the Union and the third countries concerned apply the commonly accepted OECD rules in this respect.
• Impact assessment
This Decision implements existing rules. The granting of equivalence of FRM produced in third countries for imports is based on the OECD Schemes and the methods of the International Seed Testing Association (ISTA). As the application of Decision (EU) 2021/536 has shown, no adverse economic, social or environmental impacts are expected from the import of FRM of the tested category., because no such effects have been reported by the competent authorities, third countries or professional operators. Therefore, an impact assessment is not considered necessary.
• Regulatory fitness and simplification
This proposal is not linked to REFIT. The proposal has no impact on compliance costs for operators. The ‘Digital Check’ is not applicable to this proposal.
• Fundamental rights
The proposed Decision respects all provisions of the Charter of Fundamental Rights of the European Union.
4. BUDGETARY IMPLICATIONS
This proposal does not have budgetary implications.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
No implementation plans or monitoring, evaluation and reporting arrangements are required.
• Explanatory documents (for directives)
Not applicable.
• Detailed explanation of the specific provisions of the proposal
The single substantive provision in the proposal grants equivalence to the applicable Union law to FRM of the ‘tested’ category produced in certain third countries for their import into the Union, by including this category in the scope of Decision 2008/971/EC.