The Forest Reproductive Material (Great Britain) Regulations 2002

Regulation 25

[F1 SCHEDULE 13 E+S Forest reproductive material imported into England or Scotland from third countries

Extent Information

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

Textual Amendments

F1 Sch. 13 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), 10

PART 1 E+S

Scope of Schedule E+S

1.   This Schedule applies to consignments of forest reproductive material produced in [F2 a country granted equivalence].

Textual Amendments

F2 Words in Sch. 13 para.1 substituted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(25)(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)(j)(i)) and (S.) (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(25)(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(11)(a)); 2020 c. 1, Sch. 5 para. 1(1)

Interpretation E+S

2.   In this Schedule—

[F3 “OECD Certificate of Identity” means a certificate of identity issued in accordance with the rules of the OECD Scheme;]

“OECD Certificate of Provenance” means a certificate of provenance issued in accordance with the rules of the OECD Scheme;

“OECD label” means a label issued in accordance with the rules of the OECD Scheme;

F4 ...

“permitted material” means—

(a)

in the case of forest reproductive material produced in [F5 an OECD country granted equivalence], forest reproductive material which:

(i)

is in the form of seeds or planting stock;

(ii)

is of a species or artificial hybrid listed in Schedule 1;

(iii)

has been certified as “source-identified”, “selected” [F6 , “tested”] or “qualified” by the relevant official body in accordance with the rules of the OECD Scheme;

(iv)

where it is in the form of seeds, it has been certified as derived from approved basic material by the relevant official body; and

(v)

where it is in the form of planting stock, it has been produced in a nursery registered with, or under the official supervision of, the relevant official body;

(b)

in the case of forest reproductive material produced in a [F7 non-OECD country granted equivalence], forest reproductive material which—

(i)

is of the species listed in the [F8 authorisation for that country published by the Secretary of State;][F9 authorisation for that country published by the Scottish Ministers;]

(ii)

has been certified as “source identified” by the relevant official body; and

(iii)

is derived from a seed source or a stand.

F10 ...

Textual Amendments

F3 Words in Sch. 13 para. 2 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(25)(b)(i) and (S.) (31.12.2020) by The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 66(25)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Sch. 13 para. 2 omitted (E.) (31.12.2020) by virtue of S.I. 2019/131, regs. 1, 6(25)(b)(ia) (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)(j)(ii)(aa)) and (S.) (31.12.2020) by virtue of S.S.I. 2019/130, regs. 1(1), 66(25)(b)(ia) (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(11)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Sch. 13 para. 2 substituted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(25)(b)(ii)(aa) (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)(j)(ii)(bb)) and (S.) (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(25)(b)(ii)(aa) (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(11)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in Sch. 13 para. 2 inserted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(25)(b)(ii)(bb) (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)(j)(ii)(bb)) and (S.) (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(25)(b)(ii)(bb) (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(11)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Sch. 13 para. 2 substituted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(25)(b)(ii)(cc) (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)(j)(ii)(bb)) and (S.) (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(25)(b)(ii)(cc) (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(11)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Sch. 13 para. 2 substituted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(25)(b)(ii)(dd) (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)(j)(ii)(bb)); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Sch. 13 para. 2 substituted (S.) (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(25)(b)(ii)(dd) (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(11)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Sch. 13 para. 2 omitted (E.) (31.12.2020) by virtue of S.I. 2019/131, regs. 1, 6(25)(b)(ii)(ee) (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)(j)(ii)(bb)) and (S.) (31.12.2020) by virtue of S.S.I. 2019/130, regs. 1(1), 66(25)(b)(ii)(ee) (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(11)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

PART 2 E+S

Scope of Part 2 E+S

3.   This Part applies to consignments of permitted material produced in an [F11 OECD country granted equivalence].

Textual Amendments

F11 Words in Sch. 13 para. 3 substituted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(25)(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)(j)(iii)) and (S.) (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(25)(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(11)(c)); 2020 c. 1, Sch. 5 para. 1(1)

General requirements E+S

4.— (1) A consignment of permitted material shall be accompanied by—

(a) a copy of the OECD Certificate of Provenance issued in relation to the permitted material; or

(b) a document completed by the supplier of the consignment containing—

(i) the supplier’s name;

(ii) all of the information contained in the OECD Certificate of Provenance; and

(iii) in relation to any seed lot, the information specified in paragraph 5.

(2) An OECD label shall be attached to each seed lot and to each consignment of planting stock.

Additional requirements applicable to seed lots E+S

5.— (1) The OECD label attached to a seed lot and any supplier’s document accompanying the seed lot shall contain the following additional information in relation to the seed lot, assessed, so far as is practical in all the circumstances, using internationally accepted techniques—

(a) the percentage by weight of pure seed, other seed and inert matter;

(b) the germination percentage of pure seed, or where the germination percentage is impossible or impractical to assess, the viability percentage assessed by reference to a method which shall be described;

(c) the weight of 1000 pure seeds;

(d) the number of germinable seeds per kilogram of the seed, or where the number of germinable seeds is impossible or impractical to assess, the number of viable seeds per kilogram; and

(e) in the case of a seed lot of closely related species which does not reach a minimum species purity of 99%, the species purity.

(2) But the OECD label and supplier’s document may omit the following information—

(a) any information mentioned in sub-paragraph (1)(a) to (e) which is yet to be ascertained by testing the seed using internationally accepted techniques;

(b) in the case of a seed lot containing seed which has been harvested from the current season’s crop, any information mentioned in sub-paragraph (1)(b) or (d) which is not yet available;

(c) in the case of seed which is to be marketed in quantities no greater than those described for the species or artificial hybrid of the seed in Schedule 11, the information mentioned in sub-paragraph (1)(b) or (d).

(3) All seed shall be consigned in sealed packages which have been closed in accordance with the rules of the OECD scheme.

Additional requirements applicable to seed or planting stock of the “qualified category” [F12 or the “tested category”] E+S

6.   In the case of forest reproductive material in the form of seed or planting stock of the “qualified category” [F13 or the “tested category”], the OECD label attached to a seed lot or to a consignment of planting stock shall state whether genetic modification has been used in the production of the basic material from which the forest reproductive material is derived.

Textual Amendments

F12 Words in Sch. 13 para. 6 heading inserted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(25)(d) (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)(j)(iii)) and (S.) (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(25)(d) (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(11)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Sch. 13 para. 6 inserted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(25)(d) (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)(j)(iii)) and (S.) (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(25)(d) (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(11)(c)); 2020 c. 1, Sch. 5 para. 1(1)

PART 3 E+S

Scope of Part 3 E+S

7.   This Part applies to consignments of permitted material produced in a [F14 non-OECD country granted equivalence].

Textual Amendments

F14 Words in Sch. 13 para. 7 substituted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(25)(e) (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)(j)(iii)) and (S.) (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(25)(e) (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(11)(c)); 2020 c. 1, Sch. 5 para. 1(1)

Requirements E+S

8.   A consignment of permitted material shall be accompanied by—

(a) an official certificate issued by the official body of the country in which the permitted material was produced which contains equivalent information to the information required to complete Schedule 6 and meets equivalent requirements to those specified in regulation 13(9) and (10); and

(b) a document provided by the supplier in the country of origin of the permitted material containing details of the permitted material in the consignment.]