Scope and objectives
Article 2
1. This Regulation applies to the production for marketing, and the marketing, of FRM belonging to the tree species listed in Annex I and their hybrids. For the purposes of this Regulation, hybrids are considered to be hybrids of the tree species listed in Annex I if at least one of the parent species is listed therein. 2. The objectives of this Regulation are to contribute to the maintenance and establishment of resilient forests, to the restoration of forest ecosystems and to forest biodiversity, and to support forest ecosystem services and other tree planting, in particular through: (a) the sustainable production, marketing and traceability of high-quality FRM in the Union; (b) the proper functioning of the internal market in FRM; (c) the support of sustainable production of wood, biomaterials, biomass and other forest products; (d) the support of conservation of forest genetic resources; (e) the contribution of FRM to mitigating climate change, adapting forests to climate change and protecting against soil erosion. 3. The Commission is empowered to adopt delegated acts in accordance with Article 31 amending the list set out in Annex I, taking into account: (a) the ecological changes, including shifts in tree species and their ranges as a result of climate change; (b) any developments in scientific or technical knowledge. Those delegated acts shall add tree species to the list in Annex I only if those species fulfil one or more of the following criteria: (a) they represent a significant area and significant proportion of the economic value of FRM production in the Union; (b) they are marketed as FRM in at least two Member States; or (c) they are considered important for adaptation to climate change and conservation of forest genetic resources. Those delegated acts shall remove tree species from the list in Annex I whenever those species no longer fulfil any of the criteria set out in the second subparagraph of this paragraph. 4. This Regulation does not apply to the following material: (a) seed and other plant reproductive material covered by Council Directives 66/401/EEC ( 13 ) , 66/402/EEC ( 14 ) , 68/193/EEC ( 15 ) , 2002/53/EC ( 16 ) , 2002/54/EC ( 17 ) , 2002/55/EC ( 18 ) , 2002/56/EC ( 19 ) , 2002/57/EC ( 20 ) , 2008/72/EC ( 21 ) and 2008/90/EC ( 22 ) ; (b) propagating material of ornamental plants as defined in Article 2, point (1), of Council Directive 98/56/EC ( 23 ) ; (c) FRM produced solely for export to third countries, provided that it is identified as such; (d) FRM used solely for official testing, scientific purposes or selection work, provided that it is identified as such through labelling and traceability measures; (e) FRM which is subject to service contracts for the purposes of cleaning, disinfection, treatment and transport, provided that all of the following conditions are fulfilled: (i) the service provider does not acquire title to either that FRM or the product of the harvest; (ii) the traceability of the FRM is ensured; (iii) upon request, the professional operator producing the FRM has provided the competent authority with a copy of the relevant parts of the contract entered into with the service provider, including the standards and conditions to be met by the FRM provided under that contract; and (iv) the service provider is registered in a register referred to in Article 10(1), point (b). The condition laid down in point (iv) of the first subparagraph shall not apply to providers of transport services. 5. For tree species not listed in Annex I and their hybrids, Member States may, in respect of their own territory, take measures equivalent to, or more stringent or less stringent than, the measures provided for in this Regulation. Hybrids are considered to be hybrids of the tree species not listed in Annex I if none of the parent species is listed therein.