The Forest Reproductive Material (Great Britain) Regulations 2002

Explanatory Note

(This note does not form part of the Regulations)

These Regulations implement in Great Britain Council Directive 1999/105/EC of 22nd December 1999 on the marketing of forest reproductive material (OJ L.11, 15.1.2000, p.17). The Directive replaces Directive 66/404/EEC on the marketing of forest reproductive material and Council Directive 71/161/EEC on external quality standards for forest reproductive material marketed within the Community. The Regulations replace the Forest Reproductive Material Regulations 1977 (S.I 1977/891) (“the 1977 Regulations”).

These Regulations make provisions for the approval of basic material for use in the production of forest reproductive material intended to be marketed, providing for four categories of forest reproductive material which may be marketed in Great Britain: source-identified, selected, qualified and tested. Approval of basic material for production of forest reproductive material in one or other of these categories is dependent on the basic material meeting certain criteria set out in the Schedule relevant for the particular category (Schedules 2–5).

The Regulations provide for the Forestry Commissioners to demarcate and publish Regions of Provenance in respect of certain basic material (regulation 5), and for the establishment and maintenance by them of a National Register of approved basic material (regulation 6). Provision is made for the approval, withdrawal of and amendment to approval of basic material for use in the production of forest reproductive material (regulations 7–9). Applicants seeking approval for a specific unit of basic material must provide the Forestry Commissioners with certain information and afford them inspection facilities if requested to do so. Applicants may be asked to provide further information about the basic material before it is registered. Once material is approved and registered, the Regulations require successful applicants to keep the Commissioners informed about certain matters going to the continuing validity of the approval.

Regulation 11 provides for notice of collection of forest reproductive material to be given to the Forestry Commissioners at least fourteen days prior to the collection of forest reproductive materials from identified approved basic material, and the Commissioners may arrange to observe the collection process. Regulation 13 provides for the issue of Master Certificates in respect of material which has been collected or produced by other authorised means, such as mixing or subsequent multiplication by vegetative propagation, if the material is to be marketed as forest reproductive material. A Master Certificate must be applied for within nine months of the material being collected, etc, or in any event, before the material is marketed, whichever is the sooner.

During production, forest reproductive material must be kept in separate lots according to the unit of approved basic material from which it was obtained, and each lot must satisfy the identification criteria if it is to be marketed subsequently (regulation 14).

The marketing of forest reproductive material is limited to material which has been produced from basic material approved under Part II of the Regulations in accordance with the collection and production requirements set out in Part III (regulations 10–15). There are transitional provisions which allow certain stocks of forest reproductive materials existing when the Regulations come into force to be marketed until exhaustion, and there are also provisions for material brought into Great Britain from Northern Ireland and elsewhere in the EC to be marketed under certain conditions (for the purposes of these Regulations, the Channel Islands and the Isle of Man are to be treated as part of the European Community).

There are provisions for other material which could not otherwise be marketed under these Regulations to be marketed under licence issued by the Forestry Commissioners for scientific purposes or in the case of seed units clearly shown as not intended for forestry purposes (regulation 18). There are also labelling requirements for forest reproductive material marketed under these Regulations, principally for a suppliers' label or document disclosing key information (including the Master Certificate number) to accompany the material when it is marketed.

Suppliers of forest reproductive materials must be registered and may be removed from the register if the Commissioners are satisfied that a breach of the Regulations has occurred for which the registered supplier is responsible (regulation 16). Forest reproductive material may not be marketed by persons who are not registered suppliers, and commercial importers who bring forest reproductive material into Great Britain intending to market it must also be registered.

The seed testing requirements of the 1977 Regulations have been replaced by independent assessments carried out using techniques approved in advance by the Forestry Commissioners. There is no longer a requirement for testing to take place at an official seed testing station (regulations 19(2) and 20).

Restrictions exist as to material exported elsewhere in the European Community from Great Britain (regulations 21 and 22) so that such forest reproductive material circulating in the Community which has been produced in Great Britain should comply with the regime as implemented in Northern Ireland, the Channel Islands, the Isle of Man and other Member States.

There are various requirements imposed as to record keeping by those who successfully apply for approval of basic material, by registered suppliers, and by any other person undertaking the collection, production, storage, processing or transportation of forest reproductive material (regulation 26), and authorised officers have powers to inspect premises and take samples (regulation 27). Similar provisions are made as to the treatment of seed samples and their use in criminal proceedings as existed under the 1977 Regulations. (regulations 28 and 29).

Offences are created in respect of failure to provide statutory information as to the condition of basic material which has been approved, and there are offences in respect of marketing and importing material in breach of the Regulations, including an offence of marketing in breach of the requirements for suppliers and importers of forest reproductive material to be registered suppliers.

Appeal from certain decisions of the Forestry Commissioners lies to the Plant Varieties and Seeds Tribunal (regulation 32), and forest reproductive material intended for purposes other than forestry is exempted on certain conditions, under regulation 34; under regulation 3, these Regulations do not apply to forest reproductive material intended for export or re-export to third countries.

A Regulatory Impact Assessment has been undertaken and is available from the Forestry Commission (Country Services), 231 Corstorphine Road, Edinburgh, Scotland EH12 7AT.