The Forest Reproductive Material (Great Britain) Regulations 2002 No. 3026

PART VI U.K. Movement of Forest Reproductive Material Between Great Britain and elsewhere in the [F1 European Union]

Textual Amendments

F1 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

Forest reproductive material despatched to Northern Ireland U.K.

21.—(1) No person other than a registered supplier shall despatch forest reproductive material [F2 from a relevant territory] to a destination in Northern Ireland.

(2) No registered supplier shall despatch forest reproductive material [F3 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 [F4 that relevant territory], and it is accompanied by a supplier’s label or document.

Textual Amendments

F2 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)

F3 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)

F4 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 [F5 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 [F6 that relevant territory], and it is accompanied by a supplier’s label or document.

(3) A registered supplier who despatches forest reproductive material [F7 from a relevant territory] to a destination in another member State shall inform [F8 the appropriate authority] in writing no later than 14 days from the date on which the material has left [F9 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;

[F10 (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

F5 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)

F6 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)

F7 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)

F8 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)

F9 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)

F10 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 [F11 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

F11 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 [F12 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

F12 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)

[F13 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

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

Textual Amendments

F13 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

[F15 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 F16 ... 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 F17 ... 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 F17 ....

(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 F18 ... ; and

(ii) its anticipated date and time of arrival into England F18 ....

(4) After the permitted material has been imported into England F19 ..., 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

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

Textual Amendments

F15 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

F16 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

F17 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

F18 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

F19 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

[F14 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

F14 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