The Forest Reproductive Material (Great Britain) Regulations 2002

Forest reproductive material which may be marketed U.K.

17.— [F1 (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 [F2 or the Scottish Ministers] in relation to the material in accordance [F3 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).]

[F4 (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

F1 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

F2 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

F3 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

F4 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