The Forest Reproductive Material Regulations (Northern Ireland) 2002

• (2) References in section 45(1) and Schedule 3 of the Plant Varieties Act 1997 to the statutory jurisdiction of the Tribunal shall be construed for the purposes of an appeal brought under this regulation as if including the Tribunal’s jurisdiction under these Regulations.

• (3) Where an appeal is brought under paragraph (1), the operation of a decision described in that paragraph shall be suspended pending the final determination of the appeal, including determination of any subsequent appeals, and the Department shall take such steps as may be necessary to give effect to any decision given on the final determination of an appeal.

Exemptions

33

• (1) Forest reproductive material intended for purposes other than forestry which is in the form of planting stock or parts of plants shall be exempted from the requirements of these Regulations.

• (2) Where a supplier markets forest reproductive material both for forestry and other purposes, material exempted by virtue of paragraph (1) shall be accompanied by a label or document bearing the statement: “Not for forestry purposes”, unless it is plain from a label accompanying it, in compliance (where applicable) with any United Kingdom ... legal requirement, that the material is not intended for forestry purposes.

Revocation

34

The 1977 Regulations, the Forest Reproductive Material Regulations 1977, and the Forest Reproductive Material (Amendment) Regulations 1993,⁸ are revoked.

SCHEDULE 1 — LIST OF TREE SPECIES AND ARTIFICIAL HYBRIDS

Abies alba Mill.	Pinus canariensis C.Smith
Abies cephalonica Loud.	Pinus cembra L.
Abies grandis Lindl.	Pinus contorta Loud.
Abies pinsapo Boiss.	Pinus halepensis Mill.
Acer platanoides L.	Pinus leucodermis Antoine
Acer pseudoplatanus L.	Pinus nigra Arnold
Alnus glutinosa Gaertn.	Pinus pinaster Ait.
Alnus incana Moench.	Pinus pinea L.
Betula pendula Roth	Pinus radiata D. Don
Betula pubescens Ehrh.	Pinus sylvestris L.
Carpinus betulus L.	Prunus avium L.
Castanea sativa Mill.	Populus spp.
Cedrus atlantica Carr.	Pseudotsuga menziesii Franco
Cedrus libani A.Richard	Quercus cerris L.
Fagus sylvatica L.	Quercus ilex L.
Fraxinus angustifolia Vahl.	Quercus petraea Liebl.
Fraxinus excelsior L.	Quercus pubescens Willd.
Larix decidua Mill.	Quercus robur L.
Larix x eurolepis Henry	Quercus rubra L.
Larix kaempferi Carr.	Quercus suber L.
Larix sibirica Ledeb.	Robinia pseudoacacia L.
Picea abies Karst.	Tilia cordata Mill.
Picea sitchensis Carr.	Tilia platyphyllos Scop.
Pinus brutia Ten.

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

1

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

2

• (a) The applicant shall inform the Department 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 the Department or its 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 3 — MINIMUM REQUIREMENTS FOR THE APPROVAL OF BASIC MATERIAL INTENDED FOR THE PRODUCTION OF REPRODUCTIVE MATERIAL TO BE CERTIFIED AS “SELECTED”

General

The Department 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”). It 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

The Department 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

The Department 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. The Department 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

The Department 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 the Department may clearly assess them against the criteria given for the selection.

Uniformity

5

The Department shall be satisfied that stands show a normal degree of individual variation in morphological characters and, when in the Department’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 the Department.

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, the Department shall be satisfied that volume production of wood is superior to the accepted mean under similar ecological and management conditions.

Wood Quality

9

The Department shall take into account the quality of the wood and, if it thinks fit in any particular case, may regard this as an essential criterion.

Form or Growth Habit

10

The Department 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, it shall be satisfied that the proportion of forked trees and those showing spiral grain is low.

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

Seed Orchards

1

• (a) The Department 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 the Department 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 the Department 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 the Department.

Parents of Family

2

• (a) The Department shall be satisfied that the parents shall be selected either for their combining ability, or for their outstanding characters as assessed by it 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) The Department 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 the Department when the application is made under regulation 7(7) and the Department’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 the Department.

Clones

3

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

• (b) The superiority of individual clones shall be demonstrated to the satisfaction of the Department by the established use in forestry practice of the clones, or from the results of experimentation which is in the Department’s view of sufficient duration to be a reliable indication of the individual clone’s characters.

• (c) The Department shall be satisfied that ortets used for the production of clones shall be selected for their outstanding characters as judged by the Department 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 Mixtures

4

• (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 the Department when the application is made under regulation 7(7) and the Department shall be satisfied as to the suitability of these features.

• (c) The Department shall be satisfied that any clonal mixture for which approval is given is genetically diverse.

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

Requirements for all tests

1

• (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 the Department in writing. For comparative tests, the reproductive material under test must be compared with one or preferably several standards approved by the Department or the standards set out in paragraph 3(b) below.

• (b) Characters to be examined

• (i) The Department 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, the Department 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 the Department.

• (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 the Department in writing.

• (e) Analysis and validity of results

• (i) The data from experiments must be analysed using statistical methods, which the Department is satisfied are internationally recognised, and which it shall approve in writing; and results shall be presented to the Department 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 the Department 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 the Department.

• (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 (Northern Ireland) 1967⁹ 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 material

2

• (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:evidence or a statement of the identity, origin and pedigree of the evaluated components; andevidence 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: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;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; andevaluation tests and genetic calculations must be approved in writing by the Department.

• (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 the Department 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 material

3

• (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 the Department 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 the Department must be satisfied before approving the basic material that the effect of these inferior qualities is compensated for by other favourable characters.

Conditional approval

4

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

Early tests

5

Nursery, greenhouse and laboratory tests may be accepted by the Department for approval or for conditional approval if it is 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 6

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

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

SCHEDULE 7

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

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

SCHEDULE 8

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

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

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

Stem cuttings

1

• (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 ... 1: 8 mmClass ... 2: 10 mm.

Sets

2

• (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)
. . .	. . .	. . .
N1	6	1.5
N2	15	3.00
. . .	. . .	. . .
. . .	. . .	. . .
. . .	. . .	. . .

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

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(Listed by species)

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 12

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

Signed

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 19th December 2002.

Malcolm Beatty — A Senior Officer of the — Department of Agriculture and Rural Development

Explanatory note

(This note is not part of the Regulations.)

These Regulations implement in Northern Ireland Council Directive 1999/105/EC of 22nd December 1999 on the marketing of forest reproductive material (O.J. No. L11, 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.R. 1977/194) (“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 Northern Ireland: 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 Department of Agriculture and Rural Development to demarcate and publish a Region of Provenance in respect of certain basic material (regulation 5), and for the establishment and maintenance by it of a 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 to 9). Applicants seeking approval for a specific unit of basic material must provide the Department of Agriculture and Rural Development with certain information and afford it 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 Department informed about certain matters ongoing to the continuing validity of the approval.

Regulation 11 provides for notice of collection of forest reproductive material to be given to the Department of Agriculture and Rural Development at least fourteen days prior to the collection of forest reproductive materials from identified approved basic material, and the Department 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 Northern Ireland from Great Britain 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 Department of Agriculture and Rural Development 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 Department is 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 Northern Ireland 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 Department of Agriculture and Rural Development. 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 Northern Ireland (regulations 21 and 22) so that such forest reproductive material circulating in the Community which has been produced in Northern Ireland should comply with the regime as implemented in Great Britain, 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 Department of Agriculture and Rural Development lie 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 33; under regulation 3, these Regulations do not apply to forest reproductive material intended for export or re-export to third countries.

The Regulation imposes negligible costs to the industry and no Regulatory Impact Assessment ‘has been undertaken in respect of Northern Ireland.

Footnotes

Editorial notes