SCHEDULE 1LIST OF TREE SPECIES AND ARTIFICIAL HYBRIDS

Regulation 2(2)

Abies alba Mill.

Abies cephalonica Loud.

Abies grandis Lindl.

Abies pinsapo Boiss.

Acer platanoides L.

Acer pseudoplatanus L.

Alnus glutinosa Gaertn.

Alnus incana Moench.

Betula pendula Roth

Betula pubescens Ehrh.

Carpinus betulus L.

Castanea sativa Mill.

Cedrus atlantica Carr.

Cedrus libani A.Richard

Fagus sylvatica L.

Fraxinus angustifolia Vahl.

Fraxinus excelsior L.

Larix decidua Mill.

Larix x eurolepis Henry

Larix kaempferi Carr.

Larix sibirica Ledeb.

Picea abies Karst.

Picea sitchensis Carr.

Pinus brutia Ten.

Pinus canariensis C.Smith

Pinus cembra L.

Pinus contorta Loud.

Pinus halepensis Mill.

Pinus leucodermis Antoine

Pinus nigra Arnold

Pinus pinaster Ait.

Pinus pinea L.

Pinus radiata D. Don

Pinus sylvestris L.

Prunus avium L.

Populus spp.

Pseudotsuga menziesii Franco

Quercus cerris L.

Quercus ilex L.

Quercus petraea Liebl.

Quercus pubescens Willd.

Quercus robur L.

Quercus rubra L.

Quercus suber L.

Robinia pseudoacacia L.

Tilia cordata Mill.

Tilia platyphyllos Scop.

SCHEDULE 2MINIMUM REQUIREMENTS FOR THE APPROVAL OF BASIC MATERIAL INTENDED FOR THE PRODUCTION OF REPRODUCTIVE MATERIAL TO BE CERTIFIED AS “SOURCE-IDENTIFIED”

Regulation 4(1)(a)

1

The basic material shall be a seed source or stand located within a single Region of Provenance.

2

a

The applicant shall inform F1the appropriate authority of the Region of Provenance and the location and the altitude or altitudinal range of the place(s) where the reproductive material is to be collected or otherwise harvested.

b

The applicant shall inform F1the appropriate authority or their authorised officer whether the basic material is:

i

autochthonous;

ii

indigenous;

iii

neither (in which case the origin must be stated if known); or

iv

the origin is unknown.

SCHEDULE 3MINIMUM REQUIREMENTS FOR THE APPROVAL OF BASIC MATERIAL INTENDED FOR THE PRODUCTION OF REPRODUCTIVE MATERIAL TO BE CERTIFIED AS “SELECTED”

Regulation 4(1)(b)

General:

F2The appropriate authority will assess a stand with respect to the purpose specified in the application made under regulation 7(7) to which the reproductive material produced from it is intended to be put (“the specified purpose”). They shall give due weight to such of the criteria for selection set out in paragraphs 1 to 10 below as are appropriate to the specified purpose.

Origin:1

F2The appropriate authority shall determine either by historical evidence or other appropriate means whether the stand is autochthonous, indigenous or neither (in which case the origin must be established if known), or that the origin is not known.

Isolation:2

F2The appropriate authority shall be satisfied that stands are situated at a reasonable distance from poor stands of the same species, or from stands of a related species or variety which can form hybrids with the species in respect of which application is made, so as to reduce the chances of the stand’s quality and characteristics being detrimentally affected by such poor stands. F2The appropriate authority shall pay particular attention to this requirement when the stands surrounding autochthonous or indigenous stands are not autochthonous or indigenous or if they are of unknown origin.

Effective Size of the Population:3

F2The appropriate authority shall be satisfied that stands consist of one or more groups of trees well distributed and sufficiently numerous to ensure adequate inter-pollination. Selected stands shall consist of a sufficient number and density of individuals on a given area so as to avoid the unfavourable effects of inbreeding.

Age and Development:4

Stands must consist of trees of such an age or stage of development that F2the appropriate authority may clearly assess them against the criteria given for the selection.

Uniformity:5

F2The appropriate authority shall be satisfied that stands show a normal degree of individual variation in morphological characters and, when in F5the appropriate authority's judgment it is necessary, inferior trees shall be removed.

Adaptation:6

Adaptation to the ecological conditions prevailing in the Region of Provenance must be evident to F2the appropriate authority.

Health and Resistance:7

Trees in stands must in general be free from attacks by damaging organisms and show resistance to any adverse climatic and site conditions in the place where they are growing, except that resistance to damage by pollution need not be demonstrated.

Volume production:8

For the approval of stands, F2the appropriate authority shall be satisfied that volume production of wood is superior to the accepted mean under similar ecological and management conditions.

Wood Quality:9

F2The appropriate authority shall take into account the quality of the wood and, if they think fit in any particular case, may regard this as an essential criterion.

Form or Growth Habit:10

F2The appropriate authority shall be satisfied that trees in stands show particularly good morphological features, especially straightness and circularity of stem, favourable branching habit, small size of branches and good natural pruning. In addition, they shall be satisfied that the proportion of forked trees and those showing spiral grain is low.

SCHEDULE 4MINIMUM REQUIREMENTS FOR THE APPROVAL OF BASIC MATERIAL INTENDED FOR THE PRODUCTION OF REPRODUCTIVE MATERIAL TO BE CERTIFIED AS “QUALIFIED”

Regulation 4(1)(c)

Seed Orchards1

a

F3The appropriate authority shall approve the type, objective, crossing design and field layout, components, isolation and location of the seed orchard.

b

The component clones or families shall be selected for their outstanding characters and F3the appropriate authority shall assess them in accordance with the requirements of paragraphs 1 to 10 of Schedule 3, giving particular weight to those requirements set out in paragraphs 4 and 6 to 10.

c

The component clones or families shall be planted according to a plan approved by F3the appropriate authority and shall be established in such a way that each component can be identified.

d

In the case of a seed orchard intended for the production of an artificial hybrid, the percentage of hybrids in the reproductive material must be determined by a verification test the methodology of which shall be approved in writing by F3the appropriate authority.

Parents of Family2

a

F3The appropriate authority shall be satisfied that the parents shall be selected either for their combining ability, or for their outstanding characters as assessed by them in accordance with paragraphs 1 to 10 of Schedule 3, giving particular weight to the requirements of paragraphs 4 and 6 to 10 of that Schedule.

b

F3The appropriate authority shall approve the objective, crossing design and pollination system, components, isolation and location of the parents.

c

The identity, number and proportion of the parents in a combination must be notified to F3the appropriate authority when the application is made under regulation 7(7) and F6the appropriate authority's approval of these features shall be obtained before the parents may be approved.

d

In the case of parents intended for the production of an artificial hybrid, the percentage of hybrids in the reproductive material must be determined by a verification test the methodology of which shall be approved in writing by F3the appropriate authority.

Clones3

a

Clones shall be identifiable by distinctive characters which must be notified to F3the appropriate authority in the application referred to in regulation 7(7) and must be approved by F3the appropriate authority if the basic material is itself to be approved.

b

The superiority of individual clones shall be demonstrated to the satisfaction of F3the appropriate authority by the established use in forestry practice of the clones, or from the results of experimentation which is in F7the appropriate authority's view of sufficient duration to be a reliable indication of the individual clone’s characters.

c

F3The appropriate authority shall be satisfied that ortets used for the production of clones shall be selected for their outstanding characters as judged by F3the appropriate authority in accordance with such of the requirements of paragraphs 1 to 10 of Schedule 3 as apply to ortets, with particular weight being given to the requirements of paragraphs 4 and 6 to 10 of that Schedule.

Clonal Mixtures4

a

Clonal mixtures shall meet the requirements of points 3(a), 3(b) and 3(c) above.

b

The identity, number and proportion of the component clones in a clonal mixture, and information as to the selection method and foundation stock must be notified to F3the Commissioners when the application is made under regulation 7(7) and F3the Commissioners shall be satisfied as to the suitability of these features.

c

F3The Commissioners shall be satisfied that any clonal mixture for which approval is given is genetically diverse.

SCHEDULE 5MINIMUM REQUIREMENTS FOR THE APPROVAL OF BASIC MATERIAL INTENDED FOR THE PRODUCTION OF REPRODUCTIVE MATERIAL TO BE CERTIFIED AS “TESTED”

Regulation 4(1)(d)

Requirements for all tests1

a

General

  • The basic material must satisfy the requirements of Schedules 3 or 4 which are relevant to the type of basic material. Tests set up for the approval of basic material are to be prepared, laid out, conducted and their results interpreted in accordance with internationally recognised procedures, which the provisions of paragraph (e) require shall be approved by F4the appropriate authority in writing. For comparative tests, the reproductive material under test must be compared with one or preferably several standards approved by F4the appropriate authority or the standards set out in paragraph 3(b) below.

b

Characters to be examined

i

F4The appropriate authority shall be satisfied that tests relied on by an applicant seeking approval under regulation 7(7) are designed in such a way as to assess specific characters, which must be indicated for each test.

ii

Weight shall be given in the testing process to adaptation, growth, biotic and abiotic factors of importance. In addition, F4the appropriate authority shall be satisfied that other characters which are important in light of the specified purpose, have been evaluated in relation to the ecological conditions of the region in which the test is carried out.

c

Documentation

  • The age of the material and results at the time of the evaluation must be notified to F4the appropriate authority.

d

Setting up the tests

i

Each sample of reproductive material shall be raised, planted and managed in an identical way as far as the types of plant material permit.

ii

Each experiment must be established in a valid statistical design with a sufficient number of trees in order that the individual characteristics of each component under examination can be evaluated. The statistical design shall be approved by F4the appropriate authority in writing.

e

Analysis and validity of results

i

The data from experiments must be analysed using statistical methods, which F4the appropriate authority are satisfied are internationally recognised, and which they shall approve in writing; and results shall be presented to F4the appropriate authority for each character examined.

ii

The methodology used for the test and the detailed results obtained shall be made freely available by the applicant to the public on request and payment of reasonable copying and postage charges.

iii

An applicant seeking approval under regulation 7(7) shall inform F4the appropriate authority of the likely region of adaptation within the country in which the test was carried out and information as to any characteristics which might limit the usefulness of the material must also be provided to F4the appropriate authority.

iv

If during tests it is proved that the reproductive material produced from the basic material the subject of the application under regulation 7(7) does not possess the characteristics of the basic material, or similar resistance of the basic material to plant pests within the meaning of the Plant Health Act 196711 and any other harmful organisms which may have an undesirable economic impact, then such reproductive material shall be eliminated from further comparative testing.

Requirements for genetic evaluation of components of basic material2

a

Only the components of the following basic material may be genetically evaluated: seed orchards, parents of family, clones and clonal mixtures.

b

Documentation

  • The following additional documentation is required for approval of the basic material:

    1. i

      evidence or a statement of the identity, origin and pedigree of the evaluated components; and

    2. ii

      evidence or a statement or plan of the crossing design used to produce the reproductive material used in the evaluation tests.

c

Test procedures

  • The following requirements must be met:

    1. i

      the genetic value of each component must be estimated in two or more evaluation test-sites, at least one of which must be in an environment relevant to the proposed specified use of the reproductive material;

    2. ii

      the estimated superiority of the reproductive material to be marketed shall be calculated on the basis of these genetic values and the specific crossing design; and

    3. iii

      evaluation tests and genetic calculations must be approved in writing by F4the appropriate authority.

d

Interpretation

i

The estimated superiority of the reproductive material shall be calculated against a reference population for a character or set of characters.

ii

The applicant seeking approval under regulation 7(7) shall advise F4the appropriate authority whether the estimated genetic value of the reproductive material is inferior to the reference population for any important character.

Requirements for comparative testing of reproductive material3

a

Sampling of the reproductive material

i

The sample of the reproductive material for comparative testing must be truly representative of the reproductive material derived from the basic material to be approved.

ii

Sexually produced reproductive material for comparative testing shall be:

  • harvested by methods that ensure that the samples obtained are representative;

  • harvested in years of good flowering and good fruit or seed production, and

  • in any event may be produced by artificial pollination.

b

Standards

i

The performance of standards used for comparative purposes in comparative tests should if possible have been known in the region in which the test is to be carried out over a sufficiently long period to enable their use as a standard, namely, they shall represent, in principle, material that has been shown useful for forestry at the time that the test starts, and in ecological conditions for which it is proposed to certify the material. They should come as far as possible from stands selected according to the criteria in Schedule 3 or from basic material approved by F4the appropriate authority or another official body for production of tested material.

ii

For comparative testing of artificial hybrids, both parent species shall, if it is practically possible, be included among the standards.

iii

Whenever possible several standards are to be used. When necessary and justified, standards may be replaced by the most suitable of the material under test or the mean of the components of the test.

iv

The same standards will be used in all tests over as wide a range of site conditions as possible.

c

Interpretation

i

A statistically significant superiority as compared with the standards must be demonstrated for at least one important character.

ii

The applicant under regulation 7(7) shall clearly report in his application for approval if there are any characters of economic or environmental importance which show significantly inferior results to the standards; and F4the appropriate authority must be satisfied before approving the basic material that the effect of these inferior qualities is compensated for by other favourable characters.

Conditional approval4

The requirements of this Schedule are subject to the discretion of F4the appropriate authority to grant conditional approval under regulation 7(2).

Early tests5

Nursery, greenhouse and laboratory tests may be accepted by F4the appropriate authority for approval or for conditional approval if they are satisfied that there is a close correlation between the measured trait and the characters which would normally be assessed in forest stage tests. Other characters to be tested must meet the requirements set out in paragraph 3.

SCHEDULE 6MODEL MASTER CERTIFICATE OF IDENTITY FOR REPRODUCTIVE MATERIAL DERIVED FROM SEED SOURCES AND STANDS

Regulation 13(7)

(Certificate must contain all the information outlined below, and in the exact format)

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SCHEDULE 7MODEL MASTER CERTIFICATE OF IDENTITY FOR REPRODUCTIVE MATERIAL DERIVED FROM SEED ORCHARDS OR PARENTS OF FAMILY

Regulation 13(7)

(Certificate must contain all the information outlined below, and in the exact format)

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SCHEDULE 8MODEL MASTER CERTIFICATE OF IDENTITY FOR REPRODUCTIVE MATERIAL DERIVED FROM CLONES AND CLONAL MIXTURES

Regulation 13(7)

(Certificate must contain all the information outlined below, and in the exact format)

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SCHEDULE 9REQUIREMENTS FOR EXTERNAL QUALITY STANDARDS FOR POPULUS SPP. PROPAGATED BY STEM CUTTINGS OR SETS

Regulation 17(10)

Stem cuttings1

a

Stem cuttings shall not be considered to be of fair marketable quality if any of the following defects exist:

i

their wood is more than two years old;

ii

they have less than two well formed buds;

iii

they are affected by necroses or show damage by harmful organisms;

iv

they show signs of desiccation, overheating, mould or decay.

b

Minimum dimensions for stem cuttings–

  • minimum length: 20 cm,

  • minimum top diameter:

    • Class EC 1: 8 mm

    • Class EC 2: 10 mm.

Sets2

a

Sets shall not be considered to be of fair marketable quality if any of the following defects exist:

i

their wood is more than three years old;

ii

they have less than five well formed buds;

iii

they are affected by necroses or show damage by harmful organisms;

iv

they show signs of desiccation, overheating, mould or decay;

v

they have injuries other than pruning cuts;

vi

they have multiple stems;

vii

they have excessive stem curvature.

b

Size classes for sets

Class

Minimum diameter (mm) at mid-length

Minimum height (m)

Non-Mediterranean regions

N1

6

1.5

N2

15

3.00

Mediterranean regions

S1

25

3.00

S2

30

4.00

SCHEDULE 10REQUIREMENTS WHICH MUST BE MET BY PLANTING STOCK WHICH IS TO BE MARKETED TO THE END-USER IN THE MEDITERRANEAN CLIMATIC REGION

Regulation 17(12)

Planting stock shall not be marketed unless 95 per cent of each lot is of fair marketable quality and the requirements and specifications of paragraphs 1 to 3 of this Schedule are met.

1

Planting stock shall not be considered to be of fair marketable quality if any of the following defects exist:

a

injuries other than pruning cuts or injuries due to damage when lifting;

b

lack of buds with the potential to form a leading shoot;

c

multiple stems;

d

deformed root system;

e

signs of desiccation, overheating, mould, decay or other harmful organisms;

f

the plants are not well balanced.

2

Size of the plants:

Species

Maximum age (years)

Minimum height (cm)

Maximum height (cm)

Minimum root collar diameter (mm)

Pinus halepensis

1

2

8

12

25

40

2

3

Pinus leucodermis

1

2

8

10

25

35

2

3

Pinus nigra

1

2

8

10

15

20

2

3

Pinus pinaster

1

2

7

15

30

45

2

3

Pinus pinea

1

2

10

15

30

40

3

4

Quercus ilex

1

2

8

15

30

50

2

3

Quercus suber

1

13

60

3

3

Size of the container, where used:

Species

Minimum volume of the container (cm3)

Pinus pinaster

120

Other species

200

SCHEDULE 11SMALL QUANTITIES OF SEEDS WHICH MAY BE MARKETED WITHOUT FULFILLING THE REQUIREMENTS OF REGULATION 19(2)(b) AND (d) (Listed by species)

Regulation 19(4)

CONIFERS

small quantity

Abies alba

Mill.

1,200 g

Abies cephalonica

Loud.

1,800 g

Abies grandis

Lindl.

500 g

Abies pinsapo

Boiss.

1,600 g

Cedrus atlantica

Carr.

2,000 g

Cedrus libani

A.Richard

2,000 g

Larix decidua

Mill.

170 g

Larix x eurolepis

Henry

160 g

Larix kaempferi

Carr.

100 g

Larix sibirica

Ledeb.

100 g

Picea abies

Karst.

200 g

Picea sitchensis

Carr.

60 g

Pinus brutia

Ten.

500 g

Pinus canariensis

C.Smith

300 g

Pinus cembra

Linne

7,000 g

Pinus contorta

Loud.

90 g

Pinus halepensis

Mill.

500 g

Pinus leudodermis

Antoine

600 g

Pinus nigra

Arnold

500 g

Pinus pinaster

Ait.

1,200 g

Pinus pinea

L.

10,000 g

Pinus radiata

D.Don

800 g

Pinus sylvestris

L.

200 g

Pseudotsuga menziesii

Franco

300 g

BROAD LEAVED SPECIES

Acer platanoides

L.

3,500 g

Acer pseudoplatanus

L.

3,000 g

Alnus glutinosa

Gaertn.

40 g

Alnus incana

Moench.

20 g

Betula pendula

Roth

50 g

Betula pubescens

Ehrh.

50 g

Carpinus betulus

L.

2,500 g

Castanea sativa

Mill.

45,000 g

Fagus sylvatica

L.

6,000 g

Fraxinus angustifolia

Vahl.

2,000 g

Fraxinus excelsior

L.

2,000 g

Populus spp.

20 g

Prunus avium

L.

4,500 g

Quercus spp.

L.

40,000 g

Robinia pseudoacacia

L.

500 g

Tilia cordata

Mill.

900 g

Tilia platyphyllos

Scop.

2,500 g

SCHEDULE 12FORM OF CERTIFICATE TO BE GIVEN BY AUTHORISED OFFICER UPON TAKING SAMPLES PURSUANT TO REGULATION 28(2)

Regulation 28(2)

THE FOREST REPRODUCTIVE MATERIAL (GREAT BRITAIN) REGULATIONS 2002

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E1F9SCHEDULE 13

Regulation 25

Annotations:
Extent Information
E1

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

Amendments (Textual)

PART 1Forest reproductive material imported into Wales from third countries

Scope of Schedule1

This Schedule applies to consignments of forest reproductive material produced in an EU-approved third country or a permitted third country.

Interpretation2

In this Schedule—

  • “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;

  • “the OECD Scheme” means the OECD Scheme for the Certification of Forest Reproductive Material Moving in International Trade adopted by Decision C(2007)69 of the Council of the Organisation for Economic Co-operation and Development, as last amended by Decision C(2013)30 of that Council;

  • “permitted material” means—

    1. a

      in the case of forest reproductive material produced in an EU-approved third country, forest reproductive material which—

      1. i

        is in the form of seeds or planting stock;

      2. ii

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

      3. iii

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

      4. 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

      5. 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;

    2. b

      in the case of forest reproductive material produced in a permitted third country, forest reproductive material which—

      1. i

        is of the species listed in the second column of the table below opposite the reference to the country listed in the first column of the table;

      2. ii

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

      3. iii

        is derived from a seed source or a stand.

        Country of origin

        Species

        Belarus

        Picea abies Karst.

        Bosnia and Herzegovinia

        Pinus nigra Arnold

        The former Yugoslav Republic of Macedonia

        Abies alba Mill.

        New Zealand

        Pinus radiate D.Don

PART 2

Scope of Part 23

This Part applies to consignments of permitted material produced in an EU-approved third country.

General requirements4

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

all of the information contained in the OECD Certificate of Provenance; and

ii

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 lots5

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”6

In the case of forest reproductive material in the form of seed or planting stock of the “qualified 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.

PART 3

Scope of Part 37

This Part applies to consignments of permitted material produced in a permitted third country.

Requirements8

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.

E2F8SCHEDULE 13Forest reproductive material imported into England or Scotland from third countries

Regulation 25

Annotations:
Extent Information
E2

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

Amendments (Textual)

PART 1

Scope of Schedule1

This Schedule applies to consignments of forest reproductive material produced in an EU-approved third country or a permitted third country.

Interpretation2

In this Schedule—

  • “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;

  • “the OECD Scheme” means the OECD Scheme for the Certification of Forest Reproductive Material Moving in International Trade adopted by Decision C(2007)69 of the Council of the Organisation for Economic Co-operation and Development, as last amended by Decision C(2013)30 of that Council;

  • “permitted material” means—

    1. a

      in the case of forest reproductive material produced in an EU-approved third country, forest reproductive material which:

      1. i

        is in the form of seeds or planting stock;

      2. ii

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

      3. iii

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

      4. 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

      5. 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;

    2. b

      in the case of forest reproductive material produced in a permitted third country, forest reproductive material which—

      1. i

        is of the species listed in the second column of the table below opposite the reference to the country listed in the first column of the table;

      2. ii

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

      3. iii

        is derived from a seed source or a stand.

        Country of origin

        Species

        Belarus

        Picea abies Karst.

        Bosnia and Herzegovina

        Pinus nigra Arnold

        The former Yugoslav Republic of Macedonia

        Abies alba Mill.

        New Zealand

        Pinus radiate D. Don

PART 2

Scope of Part 23

This Part applies to consignments of permitted material produced in an EU-approved third country.

General requirements4

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 lots5

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”6

In the case of forest reproductive material in the form of seed or planting stock of the “qualified 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.

PART 3

Scope of Part 37

This Part applies to consignments of permitted material produced in a permitted third country.

Requirements8

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.