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.

(1)

OJ L. 11, 15.1.00, p.17.

(2)

OJ L. 106, 17.4.01, p.1.

(3)

OJ L. 117, 8.5.90, p.15.

(4)

S.I. 1977/891 amended by S.I. 1977/1264 and S.I. 1992/3078.

(5)

S.I. 1973/944 (1973 II, p. 2843) as amended.

(6)

1997 c. 66.