The Forest Reproductive Material (Great Britain) Regulations 2002

PART I U.K. General

Title, extent and commencement U.K.

1.  These Regulations may be cited as the Forest Reproductive Material (Great Britain) Regulations 2002, shall extend to Great Britain, and shall come into force on 1st January 2003.

Interpretation U.K.

2.—(1) These Regulations shall be interpreted in accordance with the provisions of this regulation.

(2) In these Regulations—

[F1 “the appropriate authority”—

(a)

in regulations 7 to 9, 20(b) and Schedules 2 to 5, has the meaning given in regulation 7(11);

(b)

in regulations 11, 13 and 14, has the meaning given in regulation 11(4);

(c)

in regulations 16, 18 and 22, has the meaning given in regulation 16(1B);

(d)

in regulation 25, has the meaning given in regulation 25(4);]

[F2 “approved basic material” in relation to basic material approved by an appropriate authority means basic material which is approved in accordance with regulation 7;]

“autochthonous” means, in relation to a stand or seed source, either

(a)

that it has been continuously regenerated by natural regeneration, or

(b)

that it has been regenerated artificially from—

(i)

reproductive material collected in the same stand or seed source, or

(ii)

from other stands or seed sources within close proximity meeting the descriptions in (a) or (b)(i);

[F3 “authorised officer” means—

(a)

a person authorised by the Commissioners to exercise their powers and execute their functions under these Regulations; F4 ...

(aa)

[F5 a person authorised by the Scottish Ministers to exercise their powers and execute their functions under these Regulations, and]

(b)

a person authorised by the Welsh Ministers to exercise their powers and execute their functions under these Regulations;]

“basic material” means material from which reproductive material may be collected or produced and which is in the form of one of the types defined in paragraph (3);

“category” in respect of forest reproductive material means one of the categories listed in regulation 4(1);

“clonal mixture” is a type of basic material and has the meaning given it in paragraph (3);

“clone” is a type of basic material and has the meaning given it in paragraph (3);

“collecting” includes the taking of parts of plants, extraction of seed, and harvesting, and “collect”, “collection” and “collected” shall be construed accordingly;

“Commissioners” refers to the Forestry Commissioners;

“contact details” means a person’s telephone number, if he has one, and, where he may be contacted by other telephonic or electronic communication, his fax number and/or email address;

[F6 “Council Decision 2008/971/EC” means Council Decision 2008/971/EC on the equivalence of forest reproductive material produced in third countries, as amended from time to time;]

“crossing design” means the method by which individual trees used as female parents are pollinated, whether naturally or artificially, by one or more trees used as male parents;

“the Directive” means Council Directive 1999/105/EC of 22nd December 1999 on the marketing of forest reproductive material(1)

“EC classification” refers, in respect of Populus spp., to the classification EC 1, EC 2, N1, N2, S1 or S2, each of which has the meaning given it in Schedule 9;

[F7 “EU-approved third countries” are Canada, Norway, Serbia, Switzerland, Turkey and the United States of America;]

[F8 “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;]

“forest reproductive material” means reproductive material of the tree species and artificial hybrids listed in Schedule 1;

“full-sibling” means progeny obtained from parents of family where the identified parent used as female is pollinated with the pollen of one other parent tree;

“genetically modified organism” has the meaning given to it in Article 2(1) and (2) of Council Directive 2001/18/EC(2), unless in reference to a requirement under regulation 7(4) for authorisation to have been given before 17th October 2002, when it has the meaning given it in Article 2(1) and (2) of Council Directive 90/220/EEC(3);

“half-sibling” means progeny obtained from parents of family where the identified parent used as female is pollinated with a number of identified or unidentified parent trees;

“indigenous” in respect of a stand or seed source means that it is an autochthonous stand or seed source, or has been raised artificially from seed, the origin of which is situated in the same region of provenance;

“infructescense” is a type of seed unit and means a group of fruits formed on a single inflorescence;

“marketing” means

(a)

displaying with a view to sale,

(b)

offering for sale,

(c)

selling, or

(d)

delivering under a contract (other than where an agent delivers to his principal items procured on the principal’s behalf), including a contract for the supply of services,

and “market” and “marketed” shall be construed accordingly;

[F9 “Master Certificate” means—

(a)

in the case of forest reproductive material collected or otherwise derived from basic material which is located in a relevant territory, a Master Certificate issued in accordance with regulation 13;

(b)

in the case of forest reproductive material collected or otherwise derived from basic material which is located in Northern Ireland, a Master Certificate issued by the official body for Northern Ireland in accordance with Article 12 of the Directive;

(c)

in the case of forest reproductive material collected or otherwise derived from basic material which is located in another member State, a Master Certificate issued by an official body of that member State in accordance with Article 12 of the Directive;

(d)

in the case of forest reproductive material produced in an EU-approved third country, a Master Certificate issued by the Commissioners in accordance with regulation 25(5) and (6) [F10 , a Master Certificate issued by the Scottish Ministers in accordance with regulation 25A(5) and (6),] or a Master Certificate issued by a relevant official body in accordance with Article 4 of Council Decision 2008/971/EC;

(e)

in the case of forest reproductive material produced in a permitted third country, a Master Certificate issued by the Commissioners in accordance with regulation 25(5), [F11 a Master Certificate issued by the Scottish Ministers in accordance with regulation 25A(5),] a Master Certificate issued in relation to the material by an official body of a member State or an official certificate within the meaning of paragraph 8 of Schedule 13;]

[F12 “Master Certificate” means—

(a)

in the case of forest reproductive material collected or otherwise derived from basic material which is located in a relevant territory, a Master Certificate issued in accordance with regulation 13;

(b)

in the case of forest reproductive material collected or otherwise derived from basic material which is located in Northern Ireland, a Master Certificate issued by the official body for Northern Ireland in accordance with Article 12 of the Directive;

(c)

in the case of forest reproductive material collected or otherwise derived from basic material which is located in another member State, a Master Certificate issued by an official body of that member State in accordance with Article 12 of the Directive;

(d)

in the case of forest reproductive material produced in an EU-approved third country, a Master Certificate issued by the appropriate authority in accordance with regulation 25(5) and (6) or a Master Certificate issued by a relevant official body in accordance with Article 4 of Council Decision 2008/971/EC;

(e)

in the case of forest reproductive material produced in a permitted third country, a Master Certificate issued by the appropriate authority in accordance with regulation 25(5), a Master Certificate issued in relation to the material by an official body of a member State or an official certificate within the meaning of paragraph 8 of Schedule 13;]

“the Mediterranean climatic region” means Greece, Italy, Portugal, Spain and the following regions of France: Aquitaine, Languedoc-Roussillon, Midi-Pyrénées, Provence-Alpes-Côte d'Azur;

“National Register” has the meaning given to it in regulation 6;

“the 1977 Regulations” means the Forest Reproductive Material Regulations 1977(4);

“the 1973 Regulations” means the Forest Reproductive Material Regulations 1973(5);

[F13 “official body”—

(a)

in relation to a member State has the meaning given in Article 2(k) of the Directive;

(b)

in relation to an EU-approved third country means the competent authority for the relevant country, as listed in Annex I to Council Decision 2008/971/EC;

(c)

in relation to a permitted third country means the authority or body which is officially responsible in that country for the approval and control of forest reproductive material produced in the country;]

[F14 “official body”—

(a)

in relation to a member State has the meaning given in Article 2(k) of the Directive;

(b)

in relation to an EU-approved third country means the competent authority for the relevant country, as listed in Annex I to Council Decision 2008/971/EC;

(c)

in relation to a permitted third country means the authority or body which is officially responsible in that country for the approval and control of forest reproductive material produced by the country;]

F15 ...

“origin” means—

(a)

in respect of an autochthonous stand or seed source, the place in which the trees are growing, and

(b)

in respect of any other stand or seed source, the place from which the seed or plants in the stand or seed source were originally introduced;

“ortet” has the meaning given it under “clone” in paragraph (3) of this regulation;

“owner” in respect of basic material has the meaning given it in regulation 7(6), subject to regulation 7(9);

“parents of family” are a type of basic material, and the phrase has the meaning given to it in paragraph (3);

“parts of plants” refers to a type of reproductive material, and the phrase has the meaning given it in paragraph (4);

[F16 “permitted third countries” are Belarus, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia and New Zealand;]

[F17 “plant passport” has the meaning given in the [F18 Plant Health (Forestry) Order 2005] [F18 EU Plant Health Regulation];]

“planting stock” refers to a type of reproductive material, and has the meaning given it in paragraph (4);

“Populus spp.” includes all species of the genus, including artificial hybrids;

“production” includes all stages in—

(a)

the generation of a seed unit and, where the seed unit is not already a seed, the conversion from seed unit to seed, and

(b)

the raising of planting stock from seed units and parts of plants,

and “produced” shall be construed accordingly;

“provenance” means the place in which any stand of trees is growing or where a seed source is located;

“ramet” has the meaning given it under “clone” in paragraph (3) of this regulation;

“region of provenance” means, in respect of a species or sub-species, an area demarcated pursuant to regulation 5 by the Commissioners [F19 , the Scottish Ministers,] [F20 or the Welsh Ministers] or in accordance with Article 9 of the Directive by another official body, in which stands or seed sources showing similar phenotypic or genetic character are found, or a group of such areas subject to uniform or similar ecological conditions;

a “registered supplier” means a supplier of forest reproductive material registered in accordance with regulation 16;

[F21 “relevant territory” means—

(a)

England F22 ...

(aa)

[F23 Scotland, and]

(b)

Wales;]

“reproductive material” means material which is derived from basic material and is in one of the forms defined in paragraph (4);

“seed orchard” is a type of basic material and has the meaning given it in paragraph (3);

“seed source” is a type of basic material and has the meaning given it in paragraph (3);

“seed unit” is a type of reproductive material and has the meaning given it in paragraph (4);

“specified purpose” in Schedules 3 and 5 has the meaning given it in Schedule 3, in the paragraph headed “General”;

“stand” is a type of basic material and has the meaning given it in paragraph (3);

“standard” means basic material or reproductive material which serves as a comparator in comparative tests and is defined more specifically in Schedule 5, paragraph 3(b);

“subsequent multiplication by vegetative propagation” means propagation by vegetative methods from forest reproductive material in respect of which a Master Certificate has been issued or sought;

“supplier” means any person who, acting in the course of a business or trade (whether or not for profit), markets or imports forest reproductive material;

“supplier’s label or document” means, except in regulations 23 and 24, the label or document setting out the particulars required under regulation 19(1);

“third countries” means countries which are not member States of the European Union;

“the Tribunal” means the Tribunal continued under section 42 of, and Schedule 3 to, the Plant Varieties Act 1997(6);

“unit of approval” [F24 , except in regulation 14(1),] has the meaning given it in regulation 7(5); and

“verification test” means an assessment, whether by observation or measurement of characteristics, including molecular methods of measurement, or by other means, of the proportion of hybrid material in reproductive material, where that reproductive material is produced as an artificial hybrid.

(3) In respect of basic material—

“clonal mixture” means a mixture of identified clones in known proportions;

“clone” means a group of individuals (referred to as “ramets”) derived originally from a single individual (referred to as an “ortet”) by means of vegetative propagation, such as cuttings, micropropagation, grafts, layers or divisions;

“parents of family” means trees used to obtain progeny by controlled or open pollination of one identified parent used as a female;

“seed orchard” means a plantation of selected clones or families which is isolated or managed so as to avoid or reduce pollination from outside sources, and managed so as to produce frequent, abundant and easily collected crops of seed;

“seed source” means trees within an area from which seed is collected; and

“stand” means a delineated population of trees possessing at least a moderate degree of uniformity in composition.

(4) In respect of reproductive material,

• “parts of plants” means—

  (a)

  buds,

  (b)

  cuttings of stem, leaf or root,

  (c)

  explants or embryos for micropropagation,

  (d)

  layers,

  (e)

  roots,

  (f)

  scions,

  (g)

  sets, and

  (h)

  any other part of a plant intended for the production of planting stock;

• “planting stock” means plants which are produced from seed units or from parts of plants, or which originated by natural regeneration; and

• “seed unit” means cones, infructescenses, fruits and seeds intended for the production of planting stock.

[F25 (4A) Other terms in these Regulations that appear in the Directive or Council Decision 2008/971/EC have the same meaning in these Regulations as they have in the Directive or that Decision.]

(5) References to member States and the [F26 European Union] shall be construed as including the Channel Islands and the Isle of Man.

(6) References to the F27 prescribed fee or fees are to those fees payable to the Commissioners [F28 , the Scottish Ministers] [F29 or the Welsh Ministers] in respect of their functions under these Regulations by virtue of Regulations made under the European Communities Act 1972.

Textual Amendments

F1 Words in reg. 2(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 138(2)(a) (with Sch. 7)

F2 Words in reg. 2(2) substituted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 3(1)(a); and substituted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 3(1)(a)

F3 Words in reg. 2(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 138(2)(b) (with Sch. 7)

F4 Word in reg. 2 omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(2)(a)(i); S.S.I. 2019/47, reg. 2

F5 Words in reg. 2 inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(2)(a)(ii); S.S.I. 2019/47, reg. 2

F6 Words in reg. 2(2) inserted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 3(1)(b); and inserted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 3(1)(b)

F7 Words in reg. 2(2) inserted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 3(1)(c); and inserted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 3(1)(c)

F8 Words in reg. 2(2) inserted (S.) (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 3(2)(a)

F9 Words in reg. 2(2) substituted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 3(1)(d)

F10 Words in reg. 2 inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(2)(b)(i); S.S.I. 2019/47, reg. 2

F11 Words in reg. 2 inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(2)(b)(ii); S.S.I. 2019/47, reg. 2

F12 Words in reg. 2(2) substituted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 3(1)(d)

F13 Words in reg. 2(2) substituted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 3(1)(e)

F14 Words in reg. 2(2) substituted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 3(1)(e)

F15 Words in reg. 2(2) omitted (E.S.) (1.9.2014) by virtue of The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 3(1)(f); and omitted (W.) (28.3.2019) by virtue of The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 3(1)(f)

F16 Words in reg. 2(2) inserted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 3(1)(g); and inserted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 3(1)(g)

F17 Words in reg. 2(2) substituted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 3(1)(h); and substituted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 3(1)(h)

F18 Words in reg. 2(2) substituted (S.) (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 3(2)(b)

F19 Words in reg. 2 inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(2)(c); S.S.I. 2019/47, reg. 2

F20 Words in reg. 2(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 138(2)(d) (with Sch. 7)

F21 Words in reg. 2(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 138(2)(e) (with Sch. 7)

F22 Words in reg. 2 omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(2)(d)(i); S.S.I. 2019/47, reg. 2

F23 Words in reg. 2 inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(2)(d)(ii); S.S.I. 2019/47, reg. 2

F24 Words in reg. 2(2) inserted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 3(1)(i); and inserted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 3(1)(i)

F25 Reg. 2(4A) inserted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 3(2); and inserted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 3(2)

F26 Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6, 8-10

F27 Word in reg. 2(6) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 138(3)(a) (with Sch. 7)

F28 Words in reg. 2(6) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(2)(e); S.S.I. 2019/47, reg. 2

F29 Words in reg. 2(6) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 138(3)(b) (with Sch. 7)

Application U.K.

3.  These Regulations shall not apply to forest reproductive material intended for export or re-export to third countries.

PART II U.K. Forest Reproductive Material and Approval of Basic Material for Entry in the National Register

Categories of Forest Reproductive Material U.K.

4.—(1) Forest reproductive material shall be categorised as follows—

(a) “source-identified” material shall be so categorised if the basic material from which it is derived meets the requirements of Schedule 2;

(b) “selected” material shall be so categorised if the basic material from which it is derived meets the requirements of Schedule 3;

(c) [F30 subject to paragraph (1A),] “qualified” material shall be so categorised if the basic material from which it is derived meets the requirements of Schedule 4; and

(d) “tested” material shall be so categorised if the basic material from which it is derived meets the requirements of Schedule 5.

[F31 (1A) Basic material of Pinus pinaster Ait. may be categorised as “qualified” if the requirement in Schedule 4, paragraph (1)(c) is not met, in accordance with Commission Regulation (EC) No. 69/2004 authorising derogations from certain provisions of Council Directive 1999/105/EC in respect of the marketing of forest reproductive material derived from certain basic material.]

(2) In these Regulations “the relevant Schedule” refers, in respect of each category of forest reproductive material described in sub-paragraphs (1)(a) to (d), to the Schedule referred to in the sub-paragraph in which the category is described.

Textual Amendments

F30 Words in reg. 4(1)(c) inserted (9.10.2006) by The Forest Reproductive Material (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2530), regs. 1, 4(a)

F31 Reg. 4(1A) inserted (9.10.2006) by The Forest Reproductive Material (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2530), regs. 1, 4(b)

Demarcation of regions of provenance in respect of certain basic material U.K.

5.—(1) The Commissioners shall demarcate regions of provenance [F32 in England F33 ...] in respect of each of the species listed in Schedule 1 which exist in [F34 England F33 ...] and shall allocate to each region of provenance an identity code.

[F35 (1A) The Welsh Ministers shall demarcate regions of provenance in Wales in respect of each of the species listed in Schedule 1 which exist in Wales and shall allocate to each region of provenance an identity code.

[F36 (1AA) The Scottish Ministers shall demarcate regions of provenance in Scotland in respect of each of the species listed in Schedule 1 which exist in Scotland and shall allocate to each region of provenance an identity code.]

(1B) The Commissioners and the Welsh Ministers may together exercise their functions under paragraph (1) and (1A) so as to designate a region of provenance of which part is in Wales.]

(2) The Commissioners [F37 , the Scottish Ministers] [F38 and the Welsh Ministers shall draw up maps showing the regions of provenance which they have demarcated pursuant to this regulation], distinguishing areas by different altitudes where relevant, and shall make such maps available to the public, whether by electronic means or in paper form, upon payment of the prescribed fee, if any.

Textual Amendments

F32 Words in reg. 5(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 139(2)(a) (with Sch. 7)

F33 Words in reg. 5(1) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(3)(a); S.S.I. 2019/47, reg. 2

F34 Words in reg. 5(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 139(2)(b) (with Sch. 7)

F35 Reg. 5(1A)(1B) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 139(3) (with Sch. 7)

F36 Reg. 5(1AA) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(3)(b); S.S.I. 2019/47, reg. 2

F37 Words in reg. 5(2) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(3)(c); S.S.I. 2019/47, reg. 2

F38 Words in reg. 5(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 139(4) (with Sch. 7)

Establishment and maintenance of the National Register U.K.

6.—(1)  [F39 There is to be] a register of approved basic material which shall be known as the National Register of Approved Basic Material for Great Britain (“the National Register”).

[F40 (1A) The Welsh Ministers shall maintain that part of the National Register recording basic material approved by them under regulation 7.

[F41 (1AA) The Scottish Ministers shall maintain that part of the National Register recording basic material approved by them under regulation 7.]

(1B) The Commissioners shall maintain that part of the National Register recording basic material approved by them under regulation 7.]

(2) [F42 The Commissioners [F43 , the Scottish Ministers] and the Welsh Ministers shall each make that part of the National Register which they maintain] available to the public, whether by electronic means or in paper form, upon payment of the prescribed fee, if any.

Textual Amendments

F39 Words in reg. 6(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 140(2) (with Sch. 7)

F40 Reg. 6(1A)(1B) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 140(3) (with Sch. 7)

F41 Reg. 6(1AA) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(4)(a); S.S.I. 2019/47, reg. 2

F42 Words in reg. 6(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 140(4) (with Sch. 7)

F43 Words in reg. 6(2) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(4)(b); S.S.I. 2019/47, reg. 2

Approval of basic material for use in the production of forest reproductive material U.K.

7.—(1)  [F44 The appropriate authority] may approve basic material where, subject to paragraphs (2) to (4), they are satisfied that it meets the requirements set out in at least one of Schedules 2 to 5 and in the case of basic material in the form of clones and clonal mixtures, they may give approval which lasts for a specified number of years or to a specified maximum level of production.

(2) [F44 The appropriate authority] may give approval (“conditional approval”) lasting for a period of up to ten years in respect of basic material under paragraph (1) for the production of forest reproductive material categorised pursuant to regulation 4(1)(d) as “tested” notwithstanding the absence of concluded genetic evaluation or comparative tests, where [F44 the appropriate authority] are satisfied that the provisional results of genetic evaluation or comparative tests referred to in Schedule 5 demonstrate that the basic material is likely to meet the requirements for approval under these Regulations once the genetic evaluation or comparative tests are concluded.

(3) [F44 The appropriate authority] may, up to and including 31st December 2012, approve basic material under paragraph (1) for the production of forest reproductive material categorised pursuant to regulation 4(1)(d) as “tested”:

(a) in the case of forest reproductive material of the species and artificial hybrids not previously controlled by the 1977 or 1973 Regulations, where concluded comparative test results are obtained using a testing method which does not satisfy the requirements set out in Schedule 5, if such comparative tests begun before 1st January 2003 have shown to the satisfaction of [F44 the appropriate authority] that the reproductive material derived from the basic material is superior to the relevant standard as provided for in Schedule 5; and

(b) where genetic evaluation test results are obtained using a testing method which does not satisfy the requirements set out in Schedule 5, if such genetic evaluation tests begun before 1st January 2003 have shown to the satisfaction of [F44 the appropriate authority] that the reproductive material derived from the basic material is superior to the relevant reference population as provided for in Schedule 5.

(4) Basic material consisting of a genetically modified organism shall not be approved under this regulation unless—

(a) [F44 the appropriate authority] are satisfied that it is safe for human health and the environment; and

(b) the basic material has been authorised in accordance with Council Directive 2001/18/EC of 12th March 2001, or in the case of material authorised prior to 17th October 2002, in accordance with Council Directive 90/220/EEC.

(5) Basic material which is approved in accordance with this regulation shall be entered by [F44 the appropriate authority] in the National Register by reference to a unit of approval to which they shall allocate a unique register reference, and—

(a) in the case of material whose approval under paragraphs (1) or (2) is limited in time or otherwise qualified, the date on which the approval shall end, or other qualification as is appropriate, shall be entered in the National Register in respect of that unit of approval; and

(b) in the case of approval being given of basic material intended for the production of forest reproductive material of the category “selected”, where approval has been granted for a specified purpose within the meaning of Schedule 3, the specified purpose shall be entered in the National Register by [F44 the appropriate authority].

(6) Subject to any exceptions permitted under paragraph (9), the following categories of person may seek approval of basic material under this regulation—

(a) the owner of the basic material for which approval is sought, or

(b) a person authorised in writing by the owner of the basic material for which approval is sought;

and for the purposes of this paragraph, “owner” shall mean, in the case of basic material which is owned by more than one person, all the owners of the material acting together.

(7) Subject to any exceptions permitted under paragraph (9), persons seeking approval of basic material under this regulation shall apply in writing to [F44 the appropriate authority], providing the following particulars and documentation—

(a) the applicant’s name, address and contact details;

(b) if the applicant is not the owner of the basic material, the name and address of the owner, and the written authority referred to in paragraph (6)(b);

(c) the Ordnance Survey grid reference for the location of the basic material, together with a copy of a map drawn on a scale of 1:10,000 showing clearly its location;

(d) the category of forest reproductive material which it is proposed be derived from the basic material for which approval is sought; and

(e) the documentation referred to and the information required of the applicant in the relevant Schedule for the category of forest reproductive material referred to in sub-paragraph (d).

(8) An applicant under paragraph (6) shall—

(a) pay to [F44 the appropriate authority] the prescribed fee, if any, which shall accompany his application;

(b) furnish [F44 the appropriate authority] with such further documentation which demonstrates or pertains to the eligibility of the basic material for approval as they may request; and

(c) provide for access by [F44 the appropriate authority], should they so require, to inspect the basic material the subject of the application when considering whether to approve the basic material.

(9) Nothing in this regulation shall prevent [F44 the appropriate authority], where they judge it appropriate in all the circumstances, from accepting an application for approval which does not fully comply with paragraphs (6) and (7), and in the case of such an application in which not all owners have joined, from treating those applicants together as the “owner” for the purposes of regulations 9(1), (7), (10) and (11).

(10) Basic material approved and registered under the 1973 and 1977 Regulations in the National Register of Basic Material for the Production of Forest Reproductive Material established under regulation 5(1) of the 1973 Regulations—

(a) shall be approved basic material within the meaning of these Regulations;

(b) shall be deemed to have been entered in the National Register created by these Regulations; and

(c) shall be allocated a unique register reference by [F44 the appropriate authority].

[F45 (11) In this regulation, regulations 8, 9 and 20(b), and in Schedules 2 to 5, “the appropriate authority” means—

(a) the Welsh Ministers, in relation to basic material located in Wales;

[F46 (b) the Scottish Ministers, in relation to basic material located in Scotland,

(c) the Commissioners, in relation to basic material located in England.]]

Textual Amendments

F44 Words in reg. 7 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 141(2) (with Sch. 7)

F45 Reg. 7(11) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 141(3) (with Sch. 7)

F46 Reg. 7(11)(b)(c) substituted for reg. 7(11)(b) (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(5); S.S.I. 2019/47, reg. 2

Specific requirements for certain basic material after its approval U.K.

8.—(1) A seed orchard which has been approved as basic material intended for the production of forest reproductive material of the category “qualified” shall be managed and its seed harvested in such a way that the objective of the orchard referred to in paragraph (a) of Schedule 4 is attained.

(2) An applicant who obtains approval under regulation 7 of basic material other than in the form of a seed source approved for the production of forest reproductive material of the category “source-identified” or a seed orchard or parent of family approved for the production of forest reproductive material of the category “qualified” shall notify [F47 the appropriate authority] in writing of the following alterations in respect of that basic material no later than 28 days before the date on which a collection notifiable to [F47 the appropriate authority] pursuant to regulation 11 is to take place—

(a) a reduction in area; or

(b) a material change in the composition or stocking of the basic material.

Textual Amendments

F47 Words in reg. 8(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 142 (with Sch. 7)

Withdrawal and amendment of approval of basic material U.K.

9.—(1)  [F48 The appropriate authority] shall periodically re-inspect approved basic material from which forest reproductive material of the categories “selected”, “qualified” and “tested” may be derived, and the owner of such material shall provide for arrangements for such re-inspections to be made upon [F48 the appropriate authority] giving the owner at least 14 days' written notice.

(2) An applicant under regulation 7(7) who has obtained conditional approval of basic material under regulation 7(2) shall notify [F48 the appropriate authority] in writing of results of genetic evaluation or concluded comparative testing in respect of that basic material no later than 28 days after obtaining such results.

(3) An applicant under regulation 7(7) who has obtained approval of basic material for production of forest reproductive material of the category “qualified” shall—

(a) in respect of seed orchards, write to [F48 the appropriate authority] seeking their approval in writing for changes in the type, objective, crossing design and field layout, components, isolation or location no later than 28 days after such changes take effect;

(b) in respect of seed orchards, notify [F48 the appropriate authority] in writing of thinning of the seed orchard, and the selection criteria used for such thinning, no later than 28 days after the thinning is carried out; and

(c) in respect of parents of family, write to [F48 the appropriate authority] seeking their approval in writing for significant changes in the objective, crossing design and pollination system, components, isolation or location no later than 28 days after such changes take effect.

(4) Where [F48 the appropriate authority] decline to approve changes referred to in paragraph (3)(a) and (c), they may, after giving 14 days' notice in writing, withdraw approval of the basic material the subject of the changes, and remove the relevant unit of approval from the National Register.

(5) [F48 The appropriate authority] may, after giving 14 days' notice in writing specifying their reasons for doing so, withdraw approval granted under this Part in respect of any basic material and remove the relevant unit of approval from the National Register if they are satisfied that any of the requirements of regulations 7(1) to (4) or 8 are not met in respect of that basic material.

(6) [F48 The appropriate authority] may, after giving 14 days' notice in writing specifying their reasons for doing so, withdraw approval granted under the 1977 and 1973 Regulations and remove the relevant unit of approval from the National Register if they are satisfied that the basic material the subject of the approval does not meet the requirements of the relevant Schedule for the category of forest reproductive material in respect of which the basic material has been entered in the National Register.

(7) Notice required under paragraphs (4) to (6) shall be given to the owner of the basic material in respect of which the notice is required, and, in the case of basic material which was first approved upon the application of another person authorised by the owner, notice shall also be given to that other person.

(8) Where approval of basic material is given for a specific period under regulation 7(1) or (2), and has not been withdrawn for any other reason under this regulation, approval shall automatically be withdrawn at the end of that specific period, and [F48 the appropriate authority] shall remove the unit of approval from the National Register.

(9) Where approval of basic material in the form of clones or clonal mixtures is limited to a specific level of production under regulation 7(1)—

(a) the applicant under regulation 7(7) who has obtained such approval shall inform [F48 the appropriate authority] in writing no later than 28 days after the level of production reaches that specific level of production; and

(b) [F48 the appropriate authority] shall, on receipt of such information, withdraw approval, remove the unit of approval from the National Register, and write to the applicant confirming the action they have taken.

(10) Upon withdrawing approval of any basic material and removing the relevant unit of approval from the National Register under paragraphs (4) to (6), [F48 the appropriate authority] may, without further application by the owner or other person authorised by the owner of that basic material, approve that material for the production of forest reproductive material of another of the categories referred to in regulation 4(1) and re-enter that basic material in the National Register (“amend approval”) if they are satisfied that the requirements of the relevant Schedule for that other category are met.

(11) Where [F48 the appropriate authority] amend approval of basic material pursuant to paragraph (10), they shall write to the owner and, in the case of basic material which was first approved upon the application of another person authorised by the owner, to that other person, informing him, or them as appropriate, of the fact.

Textual Amendments

F48 Words in reg. 9 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 143 (with Sch. 7)

PART III U.K. Collection and Production of Forest Reproductive Material

Collection and production of forest reproductive material for marketing U.K.

10.  Unless acting under a licence granted pursuant to regulation 18, no person shall collect or produce forest reproductive material for the purpose of marketing or for use in the production of forest reproductive material which is to be marketed unless he does so from approved basic material and in accordance with the provisions of this Part.

Collection of forest reproductive material U.K.

11.—(1) Subject to paragraph (3), any person proposing to collect, or cause to be collected, forest reproductive material for the purpose of marketing or for use in the production of forest reproductive material which is to be marketed shall notify [F49 the appropriate authority] in writing at least 14 days before the proposed collection, providing the following particulars and documentation—

(a) his name, address and contact details;

(b) the place of collection;

(c) the unique [F50 National Register] reference or references allocated to the approved basic material from which the forest reproductive material is to be collected, or, in the case of forest reproductive material of the category “source-identified”, the region of provenance; and

(d) the proposed date, time and anticipated duration of the collection;

and shall afford [F49 the appropriate authority] or persons acting on [F51 the appropriate authority's] behalf such reasonable facilities as they may require to observe the collection so notified.

(2) Regulation 27(2) and (3) shall apply when [F49 the appropriate authority] or other persons on their behalf attend to observe a collection as provided for in paragraph (1) as if the attendance were an inspection carried out under regulation 27(1).

(3) This regulation shall not apply to the extraction of seed from cones or fruits.

[F52 (4) In this regulation and regulations 13 and 14, “the appropriate authority” means—

(a) the Welsh Ministers, in relation to the collection, production or marketing of forest reproductive material in Wales;

[F53 (b) the Scottish Ministers, in relation to the collection, production or marketing of forest reproductive material in Scotland,

(c) the Commissioners, in relation to the collection, production or marketing of forest reproductive material in England.]]

Textual Amendments

F49 Words in reg. 11 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 144(2) (with Sch. 7)

F50 Words in reg. 11(1)(c) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 144(4) (with Sch. 7)

F51 Words in reg. 11(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 144(3) (with Sch. 7)

F52 Reg. 11(4) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 144(4) (with Sch. 7)

F53 Reg. 11(4)(b)(c) substituted for reg. 11(4)(b) (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(6); S.S.I. 2019/47, reg. 2

Production of forest reproductive material by subsequent vegetative propagation U.K.

12.  Subsequent multiplication by vegetative propagation from a single unit of approval may be used for the production of forest reproductive material only in the categories “selected”, “qualified” and “tested”.

Master Certificates U.K.

13.—(1) The owner of any forest reproductive material intended to be marketed which—

(a) has been collected from approved basic material in accordance with regulation 11, or

(b) is in the form of seed which has been extracted from cones or fruit collected from approved basic material in accordance with regulation 11,

shall, within nine months of the date of the collection, apply to [F54 the appropriate authority] in writing for the issue of a Master Certificate in respect of that material, providing the particulars set out in paragraph (2).

(2) The particulars referred to in paragraph (1) are—

(a) the owner’s name, address and contact details;

(b) a description of the forest reproductive material collected, namely

(i) botanical name;

(ii) nature and category; and

(iii) quantity of material, as defined in paragraph (3), for which the certificate is sought;

(c) the type of basic material from which it is derived;

(d) the unique register reference for the basic material from which it is derived; and

(e) such other information as may be necessary to enable [F54 the appropriate authority] to complete the form on which the Master Certificate is to be issued in accordance with paragraph (8).

(3) “Quantity of material” refers in paragraph (2)(b)(iii),

(a) in the case of seeds to their weight, and where those seeds have been extracted from cones or infructescences, additionally, to the volume of cones or fruit from which the seeds were extracted; and

(b) in the case of parts of plants, to their number.

(4) The owner of forest reproductive material produced by means of subsequent multiplication by vegetative propagation permitted in accordance with regulation 12 shall within two months from the date the material used in such propagation is first collected apply for a new Master Certificate in respect of the forest reproductive material so produced, providing the particulars required under paragraph (2) above and stating that it has been produced by such means.

(5) The owner of forest reproductive material which is produced by mixing forest reproductive material from approved basic material permitted under regulation 15(3) and (4) shall within two months from the date of mixing the material apply to[F54 the appropriate authority] for a Master Certificate in respect of the mixture so produced—

(a) providing the particulars required under paragraph (2);

(b) stating the register references of each of the components of the mixture in the case of mixtures permitted under regulation 15(3); and

(c) stating the years of ripening and the proportion of material from each year in the case of mixtures permitted under 15(4).

(6) Any application required under this regulation to be made by an owner of forest reproductive material may be made by a person who is not the owner of the material if that person has the written authority of the owner to do so, and if he provides at the time of making such an application—

(a) details of the owner’s name and address, and

(b) a copy of the written authority.

(7) [F54 The appropriate authority] shall issue to the owner, or other applicant authorised by the owner, of any forest reproductive material which they are satisfied has been collected or produced for purposes of marketing in accordance with this Part a Master Certificate in respect of the forest reproductive material and shall allocate to each certificate its own number.

(8) A Master Certificate issued under this regulation shall take the form of the document set out in—

(a) Schedule 6, where the forest reproductive material to be certified is derived from seed sources or stands;

(b) Schedule 7, where the forest reproductive material to be certified is derived from seed orchards or parents of family; and

(c) Schedule 8, where the forest reproductive material to be certified is derived from clones or clonal mixtures.

(9) A Master Certificate issued in respect of forest reproductive material produced by mixing permitted under regulation 15(3) from seed sources and stands in the category “source-identified” shall certify such forest reproductive material as “reproductive material derived from a seed source”.

(10) A Master Certificate issued in respect of forest reproductive material produced from mixing permitted under regulation 15(3) of reproductive material derived from basic material which is neither autochthonous nor indigenous with basic material of unknown origin shall certify such forest reproductive material as being “of unknown origin”.

Textual Amendments

F54 Words in reg. 13 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 145 (with Sch. 7)

Identification and separation of forest reproductive material during production U.K.

14.—(1) Except for material which is mixed in accordance with regulation 15, no person shall keep forest reproductive material at any stage of production, including collection and during the course of marketing, other than in separate lots in respect of each unit of approval, and distinguished from each other by reference to the following criteria (“the identification criteria”)—

(a) Master Certificate code and number (where a certificate has been issued);

(b) botanical name;

(c) category of forest reproductive material;

(d) whether for multiple forestry purposes or a specific purpose, and if the latter, specifying that purpose;

(e) type of basic material from which it is derived;

(f) either—

[F55 (i) the reference number given to the approved basic material from which the forest reproductive material is derived; or]

(ii) in the case of source-identified and selected forest reproductive material or forest reproductive material which is mixed in accordance with regulation 15, the identity code for the region of provenance from which the forest reproductive material is derived;

(g) in the case of forest reproductive material derived from basic material in the form of a stand or seed source, whether the origin of the material is autochthonous, indigenous, or neither; or unknown;

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

(i) the age and type of planting stock of seedlings or cuttings, whether undercuts, transplants or containerised;

(j) whether the forest reproductive material is genetically modified or derived from basic material which consists of a genetically modified organism; and

(k) in the case of mixed forest reproductive material permitted under regulation 15 clear identification of the components of the forest reproductive material so mixed.

(2) Without prejudice to the requirements of paragraph (1), in the case of forest reproductive material which is produced in accordance with regulation 12 by subsequent multiplication by vegetative propagation, forest reproductive material shall be kept in separate lots from other forest reproductive material produced from such propagation from the same basic material carried out on other occasions.

(3) The identification criteria and the information required under this regulation shall be documented either by labelling which clearly distinguishes each lot, or by any other method which has been approved by [F56 the appropriate authority] in writing prior to its use.

[F57 (4) In this regulation—

(a) “reference number” means—

(i) in the case of basic material approved by an appropriate authority in accordance with regulation 7, the reference number given to the material in the National Register;

(ii) in the case of basic material approved by any other official body of a member State, the reference number given to the material in the register drawn up and maintained by the official body in accordance with Article 10 of the Directive;

(iii) in the case of approved basic material from which reproductive material produced in an EU-approved third country or a permitted third country has been derived, the reference number given to the material in the national register of basic material approved for forest reproductive material drawn up and maintained by the official body of that country;

(b) “unit of approval”—

(i) in the case of forest reproductive material derived from basic material approved by an appropriate authority, has the meaning given in regulation 7(5);

(ii) in the case of forest reproductive material derived from basic material approved by another official body, means the unit of basic material from which the forest reproductive material is derived, as recorded in the national register of basic material approved for forest reproductive material drawn up and maintained by the official body.]

Textual Amendments

F55 Reg. 14(1)(f)(i) substituted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 4(1); and substituted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 4(1)

F56 Words in reg. 14(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 146 (with Sch. 7)

F57 Reg. 14(4) inserted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 4(2); and inserted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 4(2)

Permitted mixing of forest reproductive material U.K.

15.—(1) Forest reproductive material in respect of which a Master Certificate has been obtained pursuant to these Regulations may be mixed during production to create a single lot in one of the ways described in paragraphs (3) and (4).

(2) A single lot of mixed forest reproductive material created in accordance with paragraph (1) shall be distinguished as a lot by reference to the identification criteria provided for in regulation 14(1)(a) to (k).

(3) Forest reproductive material may be mixed where it is derived from two or more units of approval within a single region of provenance and where the units of approval each fall within one of the categories “source-identified” or “selected”.

(4) Forest reproductive material of different years of ripening may be mixed where the material is derived from a single unit of approval.

PART IV U.K. Registration of Suppliers

Registration of suppliers of forest reproductive material U.K.

16.—(1) No person shall market or import forest reproductive material if he does so acting in the course of a business or trade whether or not for profit unless his name appears in the Register of Suppliers of Forest Reproductive Material (“the Register of Suppliers”).

[F58 (1A) The Register of Suppliers shall be maintained in [F59 three] parts, namely—

(a) a part maintained by the Welsh Ministers which shall record suppliers whose principal place of business or trade is in Wales;

(b) a part maintained by the Commissioners which shall record suppliers whose principal place of business or trade is in England F60 ....

[F61 (c) a part maintained by the Scottish Ministers which shall record suppliers whose principal place of business or trade is in Scotland.]

(1B) In this regulation and regulations 18 and 22, “the appropriate authority” means—

(a) the Welsh Ministers, in relation to a supplier whose principal place of business or trade is in Wales;

[F62 (aa) the Scottish Ministers, in relation to a supplier whose principal place of business or trade is in Scotland,]

(b) the Commissioners, in relation to a supplier whose principal place of business or trade is in England F63 ....]

(2) Any person seeking entry of his name in the Register of Suppliers shall apply to [F64 the appropriate authority] in writing, paying [F65 the appropriate authority's] prescribed fee, if any, and providing the following—

(a) his name, address and contact details;

(b) the nature of his business or trade in the course of which he supplies forest reproductive material; and

(c) if different from the address provided under sub-paragraph (a), each address at which he produces, stores or markets forest reproductive material.

(3) [F66 The appropriate authority] shall enter in the Register of Suppliers the name of a supplier (a “registered supplier”) whose application has been submitted in accordance with paragraph (2), except that if they are satisfied that upon their doing so, a breach of these Regulations is likely to occur within a reasonable time after entry of the applicant’s name in the Register of Suppliers, or if they are not satisfied that the applicant is or intends to be a supplier or importer of forest reproductive material, they need not enter the applicant’s name in the Register of Suppliers, and shall instead provide the applicant, within 14 days of reaching such a decision, with written reasons for doing so.

(4) If [F66 the appropriate authority] are satisfied that a breach of these Regulations has occurred for which the registered supplier is responsible, they may—

(a) on giving 28 days' notice in writing specifying their reasons for doing so, remove a registered supplier’s name from the Register of Suppliers; or

(b) on giving 14 days' notice in writing specifying their reasons for doing so, impose conditions upon the supplier’s continuing registration.

(5) Where [F66 the appropriate authority] act under paragraph (4) to remove a supplier’s name from the Register of Suppliers or impose conditions on his registration in reliance wholly or partly on seed testing results obtained from an independent third party, they shall provide to the supplier when giving notice under paragraph (4) a copy of those results in documentary form.

(6) [F67 The Commissioners [F68 , the Scottish Ministers] and the Welsh Ministers shall each make that part of the Register of Suppliers which they maintain] available for inspection by the public whether by electronic means or in paper form.

Textual Amendments

F58 Reg. 16(1A)(1B) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 147(2) (with Sch. 7)

F59 Word in reg. 16(1A) substituted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(7)(a)(i); S.S.I. 2019/47, reg. 2

F60 Words in reg. 16(1A)(b) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(7)(a)(ii); S.S.I. 2019/47, reg. 2

F61 Reg. 16(1A)(c) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(7)(a)(iii); S.S.I. 2019/47, reg. 2

F62 Reg. 16(1B)(aa) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(7)(b)(i); S.S.I. 2019/47, reg. 2

F63 Words in reg. 16(1B)(b) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(7)(b)(ii); S.S.I. 2019/47, reg. 2

F64 Words in reg. 16(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 147(3)(a) (with Sch. 7)

F65 Words in reg. 16(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 147(3)(b) (with Sch. 7)

F66 Words in reg. 16(3)-(5) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 147(4) (with Sch. 7)

F67 Words in reg. 16(6) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 147(5) (with Sch. 7)

F68 Words in reg. 16(6) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(7)(c); S.S.I. 2019/47, reg. 2

PART V U.K. Marketing of Forest Reproductive Material

Forest reproductive material which may be marketed U.K.

17.— [F69 (1) Subject to regulations 18 and 31, no person shall market forest reproductive material in England or Scotland unless—

(a) in the case of forest reproductive material produced in a relevant territory—

(i) its collection and production meet the requirements of regulations 10 to 12 and 14 to 15;

(ii) it has been certified in accordance with regulation 13; and

(iii) it falls into one of the categories described in regulation 4(1), subject as the case may be to the application of regulation 7(2) and (3);

(b) in the case of forest reproductive material produced in Northern Ireland or another member State, it was accompanied on its entry into England or Scotland by the supplier’s label or document required by Article 14 of the Directive;

(c) in the case of forest reproductive material produced in an EU-approved third country and imported from a third country into England or Scotland, a Master Certificate has been issued by the Commissioners [F70 or the Scottish Ministers] in relation to the material in accordance [F71 regulation 25(5) and (6) or, as the case may be, regulation 25A(5) and (6);]

(d) in the case of any other forest reproductive material produced in an EU-approved third country—

(i) a Master Certificate has been issued in relation to the material in accordance with Article 4 of Decision 2008/971/EC; and

(ii) the forest reproductive material was accompanied on its entry into England or Scotland by the supplier’s label or document required by Article 14 of the Directive;

(e) in the case of forest reproductive material produced in a permitted third country and imported from a third country into England or Scotland, it has met the requirements as to entry into England or Scotland set out in regulation 25;

(f) in the case of any other forest reproductive material produced in a permitted third country—

(i) a Master Certificate has been issued in relation to the material by an official body of a member State; and

(ii) the forest reproductive material was accompanied on its entry into England or Scotland by the supplier’s label or document required by Article 14 of the Directive;

(g) it is marketed and labelled in compliance with paragraphs (2) to (7), regulation 14 and regulation 19 as read with regulation 20 in the case of seeds; and

(h) it meets the requirements of paragraphs (8) to (12).]

[F72 (1) Subject to regulations 18 and 31, no person shall market forest reproductive material in Wales unless—

(a) in the case of forest reproductive material produced in a relevant territory—

(i) its collection and production meet the requirements of regulations 10 to 12 and 14 and 15;

(ii) it has been certified in accordance with regulation 13; and

(iii) it falls into one of the categories described in regulation 4(1), subject as the case may be to the application of regulation 7(2) and (3);

(b) in the case of forest reproductive material produced in Northern Ireland or another member State, it was accompanied on its entry into Wales by the supplier’s label or document required by Article 14 of the Directive;

(c) in the case of forest reproductive material produced in an EU-approved third country and imported from a third country into Wales, a Master Certificate has been issued by the appropriate authority in relation to the material in accordance with regulation 25(5) and (6);

(d) in the case of any other forest reproductive material produced in an EU-approved third country—

(i) a Master Certificate has been issued in relation to the material in accordance with Article 4 of Decision 2008/971/EC; and

(ii) the forest reproductive material was accompanied on its entry into Wales by the supplier’s label or document required by Article 14 of the Directive;

(e) in the case of forest reproductive material produced in a permitted third country and imported from a third country into Wales, it has met the requirements as to entry into Wales set out in regulation 25;

(f) in the case of any other forest reproductive material produced in a permitted third country—

(i) a Master Certificate has been issued in relation to the material by an official body of a member State; and

(ii) the forest reproductive material was accompanied on its entry into Wales by the supplier’s label or document required by Article 14 of the Directive;

(g) it is marked and labelled in compliance with paragraphs (2) to (7), regulation 14 and regulation 19 as read with regulation 20 in the case of seeds; and

(h) it meets the requirements of paragraphs (8) to (12).]

(2) Forest reproductive material of the artificial hybrids listed in Schedule 1 may be marketed only if it is of the categories “selected”, “qualified” or “tested”.

(3) Vegetatively reproduced forest reproductive material may be marketed only under the categories “selected”, “qualified” or “tested” and in the case of forest reproductive material of the category “selected”, may be marketed only if it is produced by means of subsequent multiplication by vegetative propagation from seeds.

(4) Forest reproductive material derived from basic material in the form of a seed source may be marketed only under the category “source identified”.

(5) Forest reproductive material derived from basic material in the form of a stand may be marketed only under the categories “source identified”, “selected” and “tested”.

(6) Forest reproductive material derived from basic material of the following types may be marketed only under the categories “qualified” and “tested”—

(a) seed orchard;

(b) parents of family;

(c) clone; and

(d) clonal mixture.

(7) Forest reproductive material which consists wholly or partly of genetically modified organisms may be marketed only under the category “tested”.

(8) Forest reproductive material in the form of fruit and seed lots of the species listed in Schedule 1 shall reach a minimum species purity level of 99%, except in the case of closely related species other than artificial hybrids in respect of which the purity of the fruit or seed lot shall be stated in any labelling or record documenting information about the seed required under regulations 14, 15 and 19.

(9) Forest reproductive material in the form of parts of plants shall be of fair marketable quality determined with reference to general characteristics, health and appropriate size.

(10) Forest reproductive material in the form of stem cuttings or sets of Populus spp. shall meet the standards described in Schedule 9.

(11) Forest reproductive material in the form of planting stock shall be of fair marketable quality determined with reference to general characteristics, health, vitality and physiological quality.

(12) Forest reproductive material in the form of planting stock which is intended to be marketed to the Mediterranean climatic region shall comply with the requirements of Schedule 10.

Textual Amendments

F69 Reg. 17(1) substituted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 5

F70 Words in reg. 17(1)(c) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(8)(a); S.S.I. 2019/47, reg. 2

F71 Words in reg. 17(1)(c) substituted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(8)(b); S.S.I. 2019/47, reg. 2

F72 Reg. 17(1) substituted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 5

Licences W

[F73 18.— (1) The appropriate authority may authorise a registered supplier by licence to—

(a) market forest reproductive material in Wales which would otherwise be prohibited under regulation 17(1);

(b) import into Wales forest reproductive material which would otherwise be prohibited under regulation 25.

(2) The licence shall be in writing and may be granted—

(a) subject to conditions;

(b) for a definite or an indefinite period.

(3) The appropriate authority may only give an authorisation under paragraph (1)(a) or (1)(b)—

(a) if the forest reproductive material is to be marketed for use in tests, for scientific purposes or for generic conservation purposes;

(b) if the forest reproductive material consists of seed units which are clearly shown not to be intended for forestry purposes; or

(c) in exercise of a derogation permitted by the Directive.

(4) The appropriate authority may also give an authorisation under paragraph (1)(a) if the forest reproductive material is to be marketed for use in selection work.

(5) If the appropriate authority decline to give an authorisation under paragraph (1), they shall give the applicant their reasons for doing so in writing.]

Extent Information

E1 This version of this provision extends to Wales only; a separate version has been created for England and Scotland only

Textual Amendments

F73 Reg. 18 substituted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 6

Licences E+S

[F113 18.— (1) The Commissioners may authorise a registered supplier by licence to—

(a) market forest reproductive material in England F114 ... which would otherwise be prohibited under regulation 17(1); or

(b) import into England F115 ... forest reproductive material which would otherwise be prohibited under regulation 25.

(2) The licence shall be in writing and may be granted—

(a) subject to conditions;

(b) for a definite or an indefinite period.

(3) The Commissioners may only give an authorisation under paragraph (1)(a) or (1)(b)—

(a) if the forest reproductive material is to be marketed for use in tests, for scientific purposes or for genetic conservation purposes;

(b) if the forest reproductive material consists of seed units which are clearly shown not to be intended for forestry purposes; or

(c) in exercise of a derogation permitted by the Directive.

(4) The Commissioners may also give an authorisation under paragraph (1)(a) if the forest reproductive material is to be marketed for use in selection work.

(5) If the Commissioners decline to give an authorisation under paragraph (1), they shall give the applicant their reasons for doing so in writing.]

Extent Information

E3 This version of this provision extends to England and Scotland only; a separate version has been created for Wales only

Textual Amendments

F113 Reg. 18 substituted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 6

F114 Words in reg. 18(1)(a) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(9); S.S.I. 2019/47, reg. 2

F115 Words in reg. 18(1)(b) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(9); S.S.I. 2019/47, reg. 2

[F74 Licences: Scotland U.K.

18A.— (1) The Scottish Ministers may authorise a registered supplier by licence to—

(a) market forest reproductive material in Scotland which would otherwise be prohibited under regulation 17(1), or

(b) import into Scotland forest reproductive material which would otherwise be prohibited under regulation 25A.

(2) The licence shall be in writing and may be granted—

(a) subject to conditions,

(b) for a definite or an indefinite period.

(3) The Scottish Ministers may give an authorisation under paragraph (1)(a) or (b) only—

(a) if the forest reproductive material is to be marketed for use in tests, for scientific purposes or for genetic conservation purposes,

(b) if the forest reproductive material consists of seed units which are clearly shown not to be intended for forestry purposes, or

(c) in exercise of a derogation permitted by the Directive.

(4) The Scottish Ministers may also give an authorisation under paragraph (1)(a) if the forest reproductive material is to be marketed for use in selection work.

(5) If the Scottish Ministers decline to give an authorisation under paragraph (1), they shall give the applicant their reasons for doing so in writing.]

Textual Amendments

F74 Reg. 18A inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(10); S.S.I. 2019/47, reg. 2

Labelling and packaging of lots for marketing U.K.

19.—(1) Forest reproductive material in the separate, distinct lots required under regulation 14 may be marketed under regulation 17 only if the lot is accompanied by a supplier’s label or document which documents the following—

(a) the identification criteria and any other information required to be recorded under regulation 14(2) and (3);

(b) the Master Certificate number or numbers;

(c) the name of the supplier;

(d) the quantity supplied;

(e) the words “provisionally approved” in the case of forest reproductive material of the category “tested” which has been approved under regulation 7(2) [F75 or, in the case of forest reproductive material approved in Northern Ireland, another member State or a third country, under the equivalent procedure in that country];

(f) whether the material has been vegetatively propagated;

(g) in the case of forest reproductive material derived from basic material which consists of a genetically modified organism, the fact that it is so derived; and

(h) in the case of parts of plants of Populus spp., the EC classification described in Schedule 9, paragraphs 1(b) and 2(b).

[F76 (i) in the case of material derived from basic material of Pinus pinaster Ait. which does not (and by virtue of regulation 4(1A) does not need to) meet the requirement in Schedule 4, paragraph (1)(c), compliance with Commission Regulation (EC) No. 69/2004 by stating that “the material meets the requirements as foreseen by Commission Regulation (EC) No. 69/2004”.]

(2) In the case of forest reproductive material marketed as a seed lot, the supplier’s label or document shall, subject to paragraphs (3) and (4), in addition to the information required under paragraph (1), also contain the following information, stating in each case the date on which any assessment which is the source of the information so provided was carried out—

(a) the respective percentage by weight of pure seed, other seed and inert matter;

(b) the germination percentage of the pure seed, or, where germination percentage is impossible or impractical to assess, the viability percentage assessed by reference to a method which shall be described;

(c) the weight of 1,000 pure seeds; and

(d) the number of germinable seeds per kilogram of the seed, or, where the number of germinable seeds is impossible or impractical to assess, the number of viable seeds per kilogram.

(3) When forest reproductive material in the form of seed of any given season’s crop is first sold in that season as forest reproductive material, it need not meet the requirements of [F77 paragraph (2)(b) or, in the case of material produced in an EU-approved third country, the requirements of paragraph (2)(d)] if the testing required to ascertain that information has not been concluded, but shall meet those requirements during all subsequent marketing where the supplier’s label or document is needed.

(4) The information requirements of [F78 paragraphs] (2)(b) and (d) shall not apply to forest reproductive material in the form of seed which is marketed in quantities no greater than those described in respect of the individual species and artificial hybrids listed in Schedule 11.

(5) Seed units shall be marketed only in sealed packages, the sealing device of which shall be such that it becomes unusable once the sealed package has been opened.

(6) Any label or document, other than those which may be created pursuant to regulation 14(1) or this regulation, which accompanies any lot of forest reproductive material derived from basic material consisting of a genetically modified organism shall clearly document that fact, whether the label is required by law or not.

(7) Where a supplier’s labels or documents are printed or otherwise created using coloured labels, the colour of the supplier’s label or document shall be—

(a) yellow for forest reproductive material of the category “source-identified”;

(b) green for forest reproductive material of the category “selected”;

(c) pink for forest reproductive material of the category “qualified”; and

(d) blue for forest reproductive material of the category “tested”.

Textual Amendments

F75 Words in reg. 19(1)(e) added (9.10.2006) by The Forest Reproductive Material (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2530), regs. 1, 6(a)

F76 Reg. 19(1)(i) added (9.10.2006) by The Forest Reproductive Material (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2530), regs. 1, 6(b)

F77 Words in reg. 19(3) substituted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 7(a); and substituted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 7(a)

F78 Word in reg. 19(4) substituted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 7(b); and substituted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 7(b)

Seed testing U.K.

[F79 20.   — The information required under regulation 19(2) shall be obtained from assessments using testing techniques which—

(a) are, so far as is practical in all the circumstances, internationally accepted techniques; and

(b) in the case of seeds to be tested in [F80 a relevant territory], have been confirmed by [F81 the appropriate authority] as internationally accepted techniques prior to the assessments taking place.]

Textual Amendments

F79 Reg. 20 substituted (9.10.2006) by The Forest Reproductive Material (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2530), regs. 1, 7

F80 Words in reg. 20(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 150(2) (with Sch. 7)

F81 Words in reg. 20(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 150(3) (with Sch. 7)

PART VI U.K. Movement of Forest Reproductive Material Between Great Britain and elsewhere in the [F26 European Union]

Forest reproductive material despatched to Northern Ireland U.K.

21.—(1) No person other than a registered supplier shall despatch forest reproductive material [F82 from a relevant territory] to a destination in Northern Ireland.

(2) No registered supplier shall despatch forest reproductive material [F83 from a relevant territory] to a destination in Northern Ireland unless that material complies with the requirements of regulation 17 as if the forest reproductive material were to be marketed within [F84 that relevant territory], and it is accompanied by a supplier’s label or document.

Textual Amendments

F82 Words in reg. 21(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 151(2) (with Sch. 7)

F83 Words in reg. 21(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 151(3)(a) (with Sch. 7)

F84 Words in reg. 21(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 151(3)(b) (with Sch. 7)

Movement of forest reproductive material to another member State U.K.

22.—(1) No person other than a registered supplier shall despatch forest reproductive material to a destination in another member State.

(2) No registered supplier shall despatch forest reproductive material [F85 from a relevant territory] to a destination in another member State unless that material complies with the requirements of regulation 17 as if the forest reproductive material were to be marketed within [F86 that relevant territory], and it is accompanied by a supplier’s label or document.

(3) A registered supplier who despatches forest reproductive material [F87 from a relevant territory] to a destination in another member State shall inform [F88 the appropriate authority] in writing no later than 14 days from the date on which the material has left [F89 that relevant territory] providing the following information:

(a) the Master Certificate number;

(b) date of despatch or intended date of despatch of the forest reproductive material;

[F90 (c) addresses to and from which the forest reproductive material has been or is to be despatched;

(d) the botanical name, and (if different from that stated in the Master Certificate), the nature and quantity of the forest reproductive material;

(e) the supplier’s label or document number; and

(f) where applicable, the length of time in nursery.]

Textual Amendments

F85 Words in reg. 22(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 152(2)(a) (with Sch. 7)

F86 Words in reg. 22(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 152(2)(b) (with Sch. 7)

F87 Words in reg. 22(3) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 152(3)(a) (with Sch. 7)

F88 Words in reg. 22(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 152(3)(b) (with Sch. 7)

F89 Words in reg. 22(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 152(3)(c) (with Sch. 7)

F90 Reg. 22(3)(c)-(f) substituted for reg. 22(3)(c)-(e) (9.10.2006) by The Forest Reproductive Material (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2530), regs. 1, 8

Movement of forest reproductive material into Great Britain from Northern Ireland U.K.

23.  No person acting in the course of a business or trade whether or not for profit shall take delivery of forest reproductive material [F91 in a relevant territory] intending to market it if the material has been despatched to him from Northern Ireland unless it is accompanied by the supplier’s label or document required by Article 14 of the Directive.

Textual Amendments

F91 Words in reg. 23 inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 153 (with Sch. 7)

Imports into Great Britain from a member State U.K.

24.  No person acting in the course of a business or trade whether or not for profit shall import from a member State forest reproductive material into [F92 a relevant territory] intending to market that material unless it is accompanied by the supplier’s label or document required by Article 14 of the Directive.

Textual Amendments

F92 Words in reg. 24 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 154 (with Sch. 7)

[F93 Prohibition against imports of forest reproductive material into Wales from third countries W

25.— (1) No person may import forest reproductive material into Wales from a third country for the purpose of marketing it unless—

(a) it has been produced in an EU-approved third country or permitted third country;

(b) it is permitted material; and

(c) the requirements set out in Schedule 13 are met on entry.

(2) A person intending to import permitted material into Wales from an EU-approved third country or a permitted third country shall notify the appropriate authority of the arrival of the material at least three days before the intended date of its arrival into Wales.

(3) The notification to the appropriate authority shall be—

(a) in writing;

(b) contain the following details in relation to the material—

(i) its anticipated point of entry into Wales; and

(ii) its anticipated date and time of arrival into Wales

(4) After the permitted material has been imported into Wales, the owner of the permitted material may apply to the appropriate authority for a Master Certificate in relation to the material.

(5) If the appropriate authority is satisfied that the requirements set out in Schedule 13 have been met in relation to the permitted material, the appropriate authority shall issue a Master Certificate for the material to its owner.

(6) In the case of permitted material from an EU-approved third country, a Master Certificate issued under paragraph (5) shall—

(a) be based on the OECD Certificate of Provenance; and

(b) indicate that the material has been imported under an equivalence regime.

(7) In this regulation—

“OECD Certificate of Provenance” has the meaning given in paragraph 2 of Schedule 13;

“permitted material” has the meaning given in paragraph 2 of Schedule 13.]

Extent Information

E2 This version of this provision extends to Wales only; a separate version has been created for England and Scotland only

Textual Amendments

F93 Reg. 25 substituted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 8

[F116 Prohibition against imports of forest reproductive material into England or Scotland from third countries E+S

25.— (1) No person may import forest reproductive material into England F117 ... from a third country for the purpose of marketing it unless—

(a) it has been produced in an EU-approved third country or a permitted third country;

(b) it is permitted material; and

(c) the requirements set out in Schedule 13 are met on entry.

(2) A person intending to import permitted material into England F118 ... from an EU-approved third country or a permitted third country shall notify the Commissioners of the arrival of the material at least three days before the intended date of its arrival into England F118 ....

(3) The notification to the Commissioners shall be—

(a) in writing;

(b) contain the following details in relation to the material—

(i) its anticipated point of entry into England F119 ... ; and

(ii) its anticipated date and time of arrival into England F119 ....

(4) After the permitted material has been imported into England F120 ..., the owner of the permitted material may apply to the Commissioners for a Master Certificate in relation to the material.

(5) If the Commissioners are satisfied that the requirements set out in Schedule 13 have been met in relation to the permitted material, the Commissioners shall issue a Master Certificate for the material to its owner.

(6) In the case of permitted material from an EU-approved third country, a Master Certificate issued under paragraph (5) shall—

(a) be based on the OECD Certificate of Provenance; and

(b) indicate that the material has been imported under an equivalence regime.

(7) In this regulation—

“OECD Certificate of Provenance” has the meaning given in paragraph 2 of Schedule 13;

“permitted material” has the meaning given in paragraph 2 of Schedule 13.]

Extent Information

E4 This version of this provision extends to England and Scotland only; a separate version has been created for Wales only

Textual Amendments

F116 Reg. 25 substituted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 8

F117 Words in reg. 25(1) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(11); S.S.I. 2019/47, reg. 2

F118 Words in reg. 25(2) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(11); S.S.I. 2019/47, reg. 2

F119 Words in reg. 25(3) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(11); S.S.I. 2019/47, reg. 2

F120 Words in reg. 25(4) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(11); S.S.I. 2019/47, reg. 2

[F94 Prohibition against imports of forest reproductive material into Scotland from third countries U.K.

25A.— (1) No person may import forest reproductive material into Scotland from a third country for the purpose of marketing it unless—

(a) it has been produced in an EU-approved third country or a permitted third country,

(b) it is permitted material, and

(c) the requirements set out in Schedule 13 are met on entry.

(2) A person intending to import permitted material into Scotland from an EU-approved third country or a permitted third country shall notify the Scottish Ministers of the arrival of the material at least three days before the intended date of its arrival into Scotland.

(3) The notification to the Scottish Ministers shall be—

(a) in writing, and

(b) contain the following details in relation to the material:—

(i) its anticipated point of entry into Scotland, and

(ii) its anticipated date and time of arrival into Scotland.

(4) After the permitted material has been imported into Scotland, the owner of that material may apply to the Scottish Ministers for a Master Certificate in relation to the material.

(5) If the Scottish Ministers are satisfied that the requirements set out in Schedule 13 have been met in relation to the permitted material, the Scottish Ministers shall issue a Master Certificate for the material to its owner.

(6) In the case of permitted material from an EU-approved third country, a Master Certificate issued under paragraph (5) shall—

(a) be based on the OECD Certificate of Provenance, and

(b) indicate that the material has been imported under an equivalence regime.

(7) In this regulation, “OECD Certificate of Provenance” and “permitted material” have the meanings given in paragraph 2 of Schedule 13.]

Textual Amendments

F94 Reg. 25A inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(12); S.S.I. 2019/47, reg. 2

PART VII U.K. Compliance

Keeping and production of documents U.K.

26.—(1) Subject to paragraph (2), any applicant under regulation 7(7) who seeks or obtains approval of basic material shall, for a period of five years from the date of his application, retain copies of any documentation referred to in Schedules 2 to 5 as he has obtained or created pursuant to his application, and in particular, in respect of basic material intended for the production of forest reproductive material to be certified as “tested”, shall keep and retain records which describe test sites, including location, climate, soil, past use, establishment, management and any damage due to abiotic or biotic factors.

(2) An applicant under regulation 7(7) who is unsuccessful in obtaining approval of basic material, shall cease to be subject to the obligations of paragraph (1) after his time has expired for appealing against a decision of the Commissioners [F95 , the Scottish Ministers] [F96 or the Welsh Ministers (as the case may be)] not to approve the basic material the subject of the application, or, in the case where he lodges an appeal against such a decision, on the expiry of his time for further appeal after receiving notification of a decision of the Tribunal or other relevant appeal body rejecting his appeal.

(3) Any registered supplier and any other person who undertakes the collecting or production, storage, processing, or transportation of forest reproductive material (“relevant activities”) shall–

(a) retain or cause to be retained such of the following documents as he has obtained or created pursuant to these Regulations or, where in accordance with these Regulations, the original is no longer retained, a copy thereof:

(i) notification under regulation 11 of the proposed collection of forest reproductive material and any written authorization or evidence of the collector’s authority to collect that forest reproductive material ;

(ii) Master Certificate;

(iii) evidence of any assessment undertaken for the purpose of regulation 19(2), including the date on which the assessment was made;

(iv) supplier’s label or document;

(v) licence granted under regulation 18;

(vi) communication required under regulation 22;

[F97 (vii) plant passports and phytosanitary certificates;

(viii) notification under regulation 25 of intended import of forest reproductive material; and]

(b) retain or cause to be retained if so required by a notice in writing served on him by the Commissioners [F98 , the Scottish Ministers] [F99 or the Welsh Ministers], such other records relating to relevant activities, or to activities undertaken as a registered supplier, in such form, as may be specified in the said notice.

(4) All such documents and other records required to be retained by a registered supplier or other person—

(a) pursuant to paragraph (3)(a) shall be so retained for a period of 5 years from the date of the document; and

(b) pursuant to paragraph (3)(b) shall be so retained for the period of time specified in the notice served pursuant to that paragraph.

(5) A registered supplier or other person required pursuant to paragraph (3)(b) to retain specified records shall furnish to the Commissioners [F100 or (according as the requirement was made) the Welsh Ministers] [F101 or the Scottish Ministers] at their request such information relating to those records as they may reasonably require.

(6) Any applicant referred to in paragraph (1) (as read with paragraph (2)), any registered supplier and any other person who undertakes relevant activities shall, on the request of an authorised officer, produce to that officer or another person nominated by that officer, and allow the officer or other person to make copies of—

(a) records and documents kept or retained by him or on his behalf pursuant to paragraphs (1) or (3); and

(b) any other books, plans, maps, photographs, records or other documents, including those held in electronic form (“electronic material”), in his possession or control which relate to his application under regulation 7(7) or to the relevant activities or his activities as a registered supplier, as appropriate.

(7) Any applicant, registered supplier or other person required to produce electronic material under paragraph (6) shall give the authorised officer or other person referred to in that paragraph access to the computer processor or disk or any other electronic storage on which the electronic material is held, and shall provide the authorised officer or other person nominated by him with reasonable facilities for the inspection and copying of such electronic material.

Textual Amendments

F95 Words in reg. 26(2) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(13)(a); S.S.I. 2019/47, reg. 2

F96 Words in reg. 26(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 156(2) (with Sch. 7)

F97 Reg. 26(3)(a)(vii)(viii) substituted for reg. 26(3)(a)(vii) (9.10.2006) by The Forest Reproductive Material (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2530), regs. 1, 10

F98 Words in reg. 26(3)(b) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(13)(a); S.S.I. 2019/47, reg. 2

F99 Words in reg. 26(3)(b) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 156(3) (with Sch. 7)

F100 Words in reg. 26(5) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 156(4) (with Sch. 7)

F101 Words in reg. 26(5) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(13)(b); S.S.I. 2019/47, reg. 2

Powers to inspect and take samples U.K.

27.—(1) Subject to paragraph (5), an authorised officer may, for the purposes set out in paragraph (4), and at all reasonable hours, enter and inspect any premises within the meaning of paragraph (5), and shall, if requested, produce documentary evidence of his authorisation by the Commissioners [F102 , the Scottish Ministers] [F103 or the Welsh Ministers (as the case may be)] so to enter and inspect.

(2) An authorised officer entering and inspecting premises in exercise of his powers under paragraph (1) may take with him such other persons, including representatives of the Commission of the European Communities, and such equipment or vehicles as he considers necessary for the purposes of entering and inspecting the premises, or for facilitating the checks required under Article 16(6) of the Directive.

(3) Any persons who have accompanied an authorised officer in entering and inspecting premises in accordance with paragraph (2) may, for the purposes of (2) and (4), whether or not accompanied by the authorised officer and on production if so requested of documentary evidence of their authorisation from the Commission of the European Communities or an authorised officer, remain on and from time to time re-enter the premises with such equipment or vehicles as the authorised officer considers necessary.

(4) The purposes for which an authorised officer may enter and inspect premises in accordance with paragraph (1) are as follows—

(a) to check that the requirements of regulations 16(1), 17, 21 to 25 and 31 have been and are being met;

(b) to observe and monitor practices as to production, and in particular as to separation, identification, propagation, mixing, production and labelling of forest reproductive material intended for marketing;

(c) to check that the conditions on which any licence granted under regulation 18 have been and are being complied with;

(d) to observe testing premises, practices and techniques which are used or which it is proposed be used for the assessment of seeds for purposes of regulations 19(2) and 20;

(e) to examine records or other documents including those held in electronic form pursuant to regulation 26;

(f) to examine any forest reproductive material or basic material on those premises and to take samples of such forest reproductive material and basic material as the authorised officer considers necessary; and

(g) to take such photographs of the premises or any material or other objects found there or of any activity carried on at the premises in connection with marketing of forest reproductive material or any relevant activity as the authorised officer considers necessary.

(5) In this regulation, “premises” shall—

(a) mean premises which the authorised officer exercising the powers granted him under this regulation reasonably believes are used for collection, production, storage, trade, transportation, importation or marketing of forest reproductive material;

(b) exclude premises used wholly or mainly for domestic purposes; and

(c) include any vehicle or vessel.

Textual Amendments

F102 Words in reg. 27(1) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(14); S.S.I. 2019/47, reg. 2

F103 Words in reg. 27(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 157 (with Sch. 7)

Treatment of seed samples U.K.

28.—(1) A sample of seed taken by an authorised officer shall be divided by him into three parts, each of which he shall seal, and one part shall be delivered or sent by him to the owner of the seed or a representative nominated by the owner, one part shall be delivered or sent to a third party for independent testing, and the remaining part shall be retained by the authorised officer and be available for production to a court in accordance with regulation 29, provided that where it appears to the person taking the sample that the seed from which the sample has been taken was purchased for use and not for re-sale, the first part of the sample shall be delivered or sent to the last seller of the seed or to his representative in place of the owner of the seed or to his representative.

(2) An authorised officer taking of a sample of seeds pursuant to this regulation shall issue to the owner of the seeds a certificate in the form set out in Schedule 12.

Use of samples in criminal proceedings U.K.

29.—(1) Evidence shall not be adduced in proceedings for an offence under regulation 30 respecting a sample of seeds taken by an authorised officer unless the sample was dealt with in accordance with the manner prescribed in regulation 28 and the provisions of this regulation have been and are observed.

(2) A certificate in the form prescribed by regulation 28(2) purporting to be issued by an authorised officer and stating that a sample was dealt with in a particular manner shall be sufficient evidence of the facts stated in the certificate.

(3) If part of a sample taken by an authorised officer is sent to a third party for independent testing, it shall be so sent as soon as practicable after the sample is taken, and the person to whom any other part of the sample is given shall be informed before the part to be sent to the third party is sent.

(4) A copy of a test result issued by an independent third party in documentary form in respect of a test of part of a sample taken by an authorised officer shall be sent to the person to whom any other part of the sample was or is being sent.

(5) In any proceedings for an offence in respect of which evidence obtained pursuant to this regulation and regulation 28 is to be relied on by the prosecutors of the offence, a copy of a test result issued by an independent third party in documentary form shall accompany the summons or complaint.

(6) Where proceedings are brought for an offence—

(a) under regulation 30(1)(e) in respect of providing false information about seed assessments undertaken for the purposes of regulation 19(2) as read with regulation 20, or

(b) under regulation 30(1)(f),

if any sample of the seeds has been taken by an authorised officer, the third part of that sample required by regulation 28(1) to be kept by the authorised officer shall be produced at the hearing, and the court may, if it thinks fit, upon the request of a party to the proceedings, cause the part so produced to be sent to an independent third party for testing.

(7) If, in a case where an appeal is brought, no action has been taken under paragraph (6), the provisions of that paragraph shall apply also to the court by which the appeal is heard.

Offences and Penalties U.K.

30.—(1) A person shall be guilty of an offence if without reasonable excuse, proof of which shall lie with him, he—

(a) contravenes regulations 8(2), 9(2),(3) and (9)(a), 16(1), 17 and 21 to 25;

(b) breaches any condition on which a licence has been granted to him under regulation 18;

(c) fails to produce records or other documents when required to do so under regulation 26 or to provide access and reasonable facilities for the inspection or copying of electronic material under that regulation;

(d) obstructs or impedes an authorised officer, or any person nominated by an authorised officer under regulation 26(6) in the exercise of powers set out in regulations 26 and 27;

(e) provides or permits to be provided false information in any document required under these regulations; or

(f) falsifies test results of assessments carried out for the purpose of providing the information required under regulation 19(2) as read with regulation 20, or otherwise interferes with the testing process so that the information provided pursuant to regulation 19(2) as read with regulation 20 is false.

[F104 (2) Proceedings for an offence under this regulation may, subject to paragraph (2A) below, be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.]

[F105 (2A) No such proceeding shall be commenced by virtue of this regulation more than 3 years after the commission of the offence.

(2B) For the purposes of this regulation—

(a) a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact;

(b) a certificate stating that matter purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

(2C) In relation to proceedings in Scotland, subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.]

(3) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F104 Reg. 30(2) substituted (9.10.2006) by The Forest Reproductive Material (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2530), regs. 1, 11(1)

F105 Reg. 30(2A)-(2C) inserted (9.10.2006) by The Forest Reproductive Material (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2530), regs. 1, 11(2)

PART VIII U.K. Miscellaneous

Transitional arrangements for forest reproductive material existing at 1st January 2003 U.K.

31.—(1) An owner on 31st December 2002 of forest reproductive material which remains to be marketed after the coming into force of these Regulations (“existing stock”) may not market that existing stock unless he is a registered supplier under regulation 16, and the existing stock meets the relevant requirements of paragraphs (2) to (5).

(2) Existing stock of the species and artificial hybrids controlled under the 1977 Regulations may be marketed under this regulation only if—

(a) prior to 1st January 2003, it complied with the 1977 Regulations, including compliance by virtue of a licence granted under those Regulations prior to 1st January 2003; and

(b) after 31st December 2002 it meets the requirements of regulations 13 to 15, 17, 19 and 20 of these Regulations.

(3) Existing stock of the species and artificial hybrids not controlled under the 1977 Regulations may be marketed under this regulation notwithstanding that it is not produced from approved basic material and does not have a Master Certificate provided that after 31st December 2002—

(a) as to its production, it complies with regulations 14(1)(b) to (e) and (g) to (k) and (3) and

(b) at the time of marketing, it satisfies the requirements of regulations 17(8) to (12), 19(3) and (5), and is accompanied by a supplier’s label or document which—

(i) sets out the information referred to in regulation 19(1)(c), (d), (f) to (h) and (2) as read with (4) and regulation 20;

(ii) sets out the identification criteria referred to in regulation 14(1)(b) to (e) and (g) to (k);

(iii) otherwise meets the labelling requirements of regulation 19(6) and (7); and

(iv) identifies the stock as existing stock by the statement: “From forest reproductive material in existence before 1st January 2003, pursuant to Council Directive 1999/105/EC, Article 28(3).”

(4) An owner of existing stock referred to in paragraph (3) in the form of seeds as at 1st January 2003 may market such stock only if, no later than 10th February 2003, he provides the Commissioners with written details of that stock, describing the species, quantity and year of ripening of such stock.

(5) Existing stock marketed under this regulation which is despatched to Northern Ireland or moved to another member State shall meet the relevant requirements of regulations 21 and 22.

Appeals U.K.

32.—(1) An appeal shall lie to the Tribunal from any decision of the Commissioners [F106 , the Scottish Ministers] [F107 or the Welsh Ministers] made under the following regulations—

(a) regulation 7(1) to (3) not to approve basic material;

(b) regulation 7(1) to approve basic material in the form of clones or clonal mixtures subject to qualifications as to duration of approval or level of production;

(c) regulation 9 (except for paragraphs (8) and (9)) to withdraw or amend approval of basic material;

(d) regulation 13(7) not to issue a Master Certificate;

(e) regulation 16(3) not to enter a person’s name in the Register of Suppliers;

(f) regulation 16(4) to remove a supplier’s name from the Register of Suppliers or impose conditions upon his continued registration;

(g) regulation 18 not to grant a licence F108 ...;

(h) regulation 20 that testing techniques used to obtain assessments necessary to provide the information required under regulation 19(2) are not, to [F109 the Commissioners’, Scottish Ministers’ or] [F110 the Welsh Ministers'] satisfaction, internationally accepted techniques; and

(i) the requirements of:

(i) Schedule 4, paragraphs (1)(d) and 2(d) not to approve verification test methodology;

(ii) Schedule 5, paragraph (1)(d)(ii) not to approve a statistical design, and

(iii) Schedule 5, paragraph (1)(e)(i) not to approve a statistical methodology as being one that is internationally recognised.

(2) References in section 45(1) and Schedule 3 of the Plant Varieties Act 1997 to the statutory jurisdiction of the Tribunal shall be construed for the purposes of an appeal brought under this regulation as if including the Tribunal’s jurisdiction under these Regulations.

(3) Where an appeal is brought under paragraph (1), the operation of a decision described in that paragraph shall be suspended pending the final determination of the appeal, including determination of any subsequent appeals, and the Commissioners [F111 , the Scottish Ministers] [F112 and the Welsh Ministers] shall take such steps as may be necessary to give effect to any decision given on the final determination of an appeal.

Textual Amendments

F106 Words in reg. 32 inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(15)(a); S.S.I. 2019/47, reg. 2

F107 Words in reg. 32(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 158(2)(a) (with Sch. 7)

F108 Words in reg. 32(1)(g) omitted (E.S.) (1.9.2014) by virtue of The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 9; and omitted (W.) (28.3.2019) by virtue of The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 9

F109 Words in reg. 32(1)(h) substituted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(15)(b); S.S.I. 2019/47, reg. 2

F110 Words in reg. 32(1)(h) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 158(2)(b) (with Sch. 7)

F111 Words in reg. 32(3) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(15)(c); S.S.I. 2019/47, reg. 2

F112 Words in reg. 32(3) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 158(3) (with Sch. 7)

Service of notices U.K.

33.  Notice required to be given in writing in these Regulations shall be deemed to have been given in the case of delivery by hand, on the day of delivery to the intended recipient’s last known address; or in the case of notice sent by post, one day after sending by first class post to the intended recipient’s last known address.

Exemptions U.K.

34.—(1) Forest reproductive material intended for purposes other than forestry which is in the form of planting stock or parts of plants shall be exempted from the requirements of these Regulations.

(2) Where a supplier markets forest reproductive material both for forestry and other purposes, material exempted by virtue of paragraph (1) shall be accompanied by a label or document bearing the statement: “Not for forestry purposes”, unless it is plain from a label accompanying it, in compliance (where applicable) with any United Kingdom or [F26 European Union] legal requirement, that the material is not intended for forestry purposes.

Textual Amendments

F26 Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6, 8-10

Revocation U.K.

35.  The 1977 Regulations, the Forest Reproductive Material (Amendment) Regulations 1977, and the Forest Reproductive Material (Amendment) Regulations 1992,(7) are revoked.

In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 4th December 2002.

L.S.

Frank Strang

Secretary to the Forestry Commissioners