The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014

Regulation 2 (interpretation) U.K.

3.—(1) In regulation 2(2)(1)—

(a) for the definition of “approved basic material”, substitute—

““approved basic material” in relation to basic material approved by an appropriate authority means basic material which is approved in accordance with regulation 7;”;

(b) after the definition of “contact details”, insert—

““Council Decision 2008/971/EC” means Council Decision 2008/971/EC on the equivalence of forest reproductive material produced in third countries(2), as amended from time to time;”;

(c) after the definition of “EC classification”, insert—

““EU-approved third countries” are Canada, Norway, Serbia, Switzerland, Turkey and the United States of America;”;

(d) for the definition of “Master Certificate”, substitute—

““Master Certificate” means—

(a)

in the case of forest reproductive material collected or otherwise derived from basic material which is located in a relevant territory, a Master Certificate issued in accordance with regulation 13;

(b)

in the case of forest reproductive material collected or otherwise derived from basic material which is located in Northern Ireland, a Master Certificate issued by the official body for Northern Ireland in accordance with Article 12 of the Directive;

(c)

in the case of forest reproductive material collected or otherwise derived from basic material which is located in another member State, a Master Certificate issued by an official body of that member State in accordance with Article 12 of the Directive;

(d)

in the case of forest reproductive material produced in an EU-approved third country, a Master Certificate issued by the Commissioners in accordance with regulation 25(5) and (6) or a Master Certificate issued by a relevant official body in accordance with Article 4 of Council Decision 2008/971/EC;

(e)

in the case of forest reproductive material produced in a permitted third country, a Master Certificate issued by the Commissioners in accordance with regulation 25(5), a Master Certificate issued in relation to the material by an official body of a member State or an official certificate within the meaning of paragraph 8 of Schedule 13;”;

(e) for the definition of “official body”, substitute—

““official body”—

(a)

in relation to a member State has the meaning given in Article 2(k) of the Directive;

(b)

in relation to an EU-approved third country means the competent authority for the relevant country, as listed in Annex I to Council Decision 2008/971/EC;

(c)

in relation to a permitted third country means the authority or body which is officially responsible in that country for the approval and control of forest reproductive material produced in the country;”;

(f) omit the definition of “official certificate”;

(g) after the definition of “parts of plants”, insert—

““permitted third countries” are Belarus, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia and New Zealand;”;

(h) for the definition of “plant passport”, substitute—

““plant passport” has the meaning given in the Plant Health (Forestry) Order 2005(3); ”;

(i) in the definition of “unit of approval”, after “unit of approval”, insert “, except in regulation 14(1),”.

(2) After regulation 2(4), insert—

“(4A) Other terms in these Regulations that appear in the Directive or Council Decision 2008/971/EC have the same meaning in these Regulations as they have in the Directive or that Decision.”.

(1)

The definition of “Master Certificate” was substituted by S.I. 2006/2530, regulation 3(a) and amended by S.I. 2013/755 (W.90), Schedule 4, paragraphs 137 and 138. The definition of “official body” was substituted by S.I. 2006/2530, regulation 3(b). The definition of “official certificate” was inserted by S.I. 2006/2530, regulation 3(c) and amended by S.I. 2013/755 (W.90), Schedule 4, paragraphs 137 and 138. There are other amendments to regulation 2(2), but none is relevant.

(2)

OJ No L 345, 23.12.2008, p.83, amended by OJ No L 328, 28.11.2012, p1.

(3)

S.I. 2005/2517; there are amending instruments but none is relevant.