The Forest Reproductive Material (Great Britain) Regulations 2002

PART VI E+W+S Movement of Forest Reproductive Material [F1 within the British Islands]

Textual Amendments

F1 Words in Pt. 6 heading substituted: (E.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 6(11) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(4)(f)); (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(11); and (S.) (31.12.2020) by The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 66(11) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 19(7)); 2020 c. 1, Sch. 5 para. 1(1)

Forest reproductive material despatched to Northern Ireland E+W+S

F2 21.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 21 omitted: (E.) (31.12.2020) by virtue of S.I. 2019/131, regs. 1, 6(12) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(4)(g)); (W.) (31.12.2020) by virtue of The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(12); and (S.) (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(12) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 19(8)); 2020 c. 1, Sch. 5 para. 1(1)

Movement of forest reproductive material to another member State E+W+S

F3 22.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 22 omitted: (E.) (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 6(13); (W.) (31.12.2020) by virtue of The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(13); and (S.) (31.12.2020) by virtue of The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 66(13); 2020 c. 1, Sch. 5 para. 1(1)

Movement of forest reproductive material into Great Britain from Northern Ireland [F4 or within Great Britain] E+W+S

23.  No person acting in the course of a business or trade whether or not for profit shall take delivery of forest reproductive material [F5 in a relevant territory] intending to market it if the material has been despatched to him from [F6 another part of the United Kingdom] unless it is accompanied by the supplier’s label or document [F7 setting out the particulars required under regulation 19 of these Regulations or regulation 19 of the NI Regulations].

Textual Amendments

F4 Words in reg. 23 heading inserted: (E.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 6(14)(a); (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(14)(a); and (S.) (31.12.2020) by The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 66(14)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 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)

F6 Words in reg. 23 substituted: (E.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 6(14)(b); (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(14)(b); and (S.) (31.12.2020) by The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 66(14)(b); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in reg. 23 substituted: (E.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 6(14)(c); (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(14)(c); and (S.) (31.12.2020) by The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 66(14)(c); 2020 c. 1, Sch. 5 para. 1(1)

[F8 Imports into Great Britain from a Crown Dependency E

23A.   No person acting in the course of a business or trade whether or not for profit shall import from a Crown Dependency forest reproductive material into a relevant territory intending to market that material unless it is accompanied by a supplier’s label or document setting out the particulars required under legislation of that Crown Dependency which is recognised by the Secretary of State as having equivalent effect to regulation 19 of these Regulations.]

Extent Information

E1 This version of this provision applies to England only; separate versions have been created for Wales only and for Scotland only

Textual Amendments

F8 Reg. 23A inserted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(14A) (as inserted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(4)(h)); 2020 c. 1, Sch. 5 para. 1(1)

[F19 Imports into Great Britain from a Crown Dependency W

23A.   No person acting in the course of a business or trade whether or not for profit shall import from a Crown Dependency forest reproductive material into a relevant territory intending to market that material unless it is accompanied by a supplier’s label or document setting out the particulars required under legislation of that Crown Dependency which is recognised by the Welsh Ministers as having equivalent effect to regulation 19 of these Regulations.]

Extent Information

E3 This version of this provision applies to Wales only; separate versions have been created for England only and for Scotland only

Textual Amendments

F19 Reg. 23A inserted (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(15)

[F20 Imports into Great Britain from a Crown Dependency S

23A.   No person acting in the course of a business or trade whether or not for profit will import from a Crown Dependency forest reproductive material into a relevant territory intending to market that material unless it is accompanied by a supplier’s label or document setting out the particulars required under legislation of that Crown Dependency which is recognised by the Scottish Ministers as having equivalent effect to regulation 19 of these Regulations.]

Extent Information

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

Textual Amendments

F20 Reg. 23A inserted (S.) (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(14A) (as inserted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 19(9)); 2020 c. 1, Sch. 5 para. 1(1)

Imports into Great Britain from a member State E+W+S

F9 24.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Reg. 24 omitted: (E.) (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 6(15); (W.) (31.12.2020) by virtue of The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(16); and (S.) (31.12.2020) by virtue of The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 66(15); 2020 c. 1, Sch. 5 para. 1(1)

[F10 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 [F11 a country granted equivalence];

(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 [F12 a country granted equivalence] 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 [F13 OECD country granted equivalence], 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

F10 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

F11 Words in reg. 25(1) substituted (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(17)(a)

F12 Words in reg. 25(2) substituted (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(17)(a)

F13 Words in reg. 25(6) substituted (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(17)(b)

[F21 Prohibition against imports of forest reproductive material into England or Scotland from [F22 countries granted equivalence] E+S

25.— (1) No person may import forest reproductive material into England F23 ... from a third country for the purpose of marketing it unless—

(a) it has been produced in [F24 a country granted equivalence];

(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 F25 ... from [F26 a country granted equivalence] shall notify the Commissioners of the arrival of the material at least three days before the intended date of its arrival into England F25 ....

(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 F27 ...; and

(ii) its anticipated date and time of arrival into England F27 ....

(4) After the permitted material has been imported into England F28 ..., 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 [F29 OECD country granted equivalence], 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

E5 This version of this provision extends to England and Scotland only; a separate version has been created for Wales only

Textual Amendments

F21 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

F22 Words in reg. 25 heading substituted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(16)(a) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(4)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F23 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

F24 Words in reg. 25(1) substituted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(16)(b) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(4)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F25 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

F26 Words in reg. 25(2) substituted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(16)(b) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(4)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F27 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

F28 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

F29 Words in reg. 25(6) substituted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(16)(c) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(4)(i)); 2020 c. 1, Sch. 5 para. 1(1)

[F14 Prohibition against imports of forest reproductive material into Scotland from [F15 countries granted equivalence] E+W+S

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 [F16 a country granted equivalence],

(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 [F17 a country granted equivalence] 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 [F18 OECD country granted equivalence], 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

F15 Words in reg. 25A heading substituted (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(16)(a) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 19(10)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in reg. 25A(1) substituted (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(16)(b) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 19(10)); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in reg. 25A(2) substituted (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(16)(b) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 19(10)); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in reg. 25A(6) substituted (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(16)(c) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 19(10)); 2020 c. 1, Sch. 5 para. 1(1)