The Forest Reproductive Material (Great Britain) Regulations 2002

Made: 4th December 2002

Laid before Parliament: 9th December 2002

Coming into force: 1st January 2003

The Forestry Commissioners, being designated[^f00001] for the purposes of section 2(2) of the European Communities Act 1972[^f00002] in relation to measures relating to the common agricultural policy of the European Community in respect of forestry, in exercise of the powers conferred on them by the said section 2(2), hereby make the following Regulations:

PART I — General

Title, extent and commencement

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These Regulations may be cited as the Forest Reproductive Material (Great Britain) Regulations 2002, shall extend to Great Britain, and shall come into force on 1st January 2003.

Interpretation

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• (1) These Regulations shall be interpreted in accordance with the provisions of this regulation.

• (2) In these Regulations—

• “the appropriate authority”— in regulations 7 to 9, 20(b) and Schedules 2 to 5, has the meaning given in regulation 7(11);in regulations 11, 13 and 14, has the meaning given in regulation 11(4);in regulations 16, 18 and 22, has the meaning given in regulation 16(1B);in regulation 25, has the meaning given in regulation 25(4);

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

• “autochthonous” means, in relation to a stand or seed source, eitherthat it has been continuously regenerated by natural regeneration, orthat it has been regenerated artificially from—reproductive material collected in the same stand or seed source, orfrom other stands or seed sources within close proximity meeting the descriptions in (a) or (b)(i);

• “authorised officer” means— a person authorised by the Commissioners to exercise their powers and execute their functions under these Regulations; ... a person authorised by the Scottish Ministers to exercise their powers and execute their functions under these Regulations, and a person authorised by the Welsh Ministers to exercise their powers and execute their functions under these Regulations;

• “basic material” means material from which reproductive material may be collected or produced and which is in the form of one of the types defined in paragraph (3);

• “category” in respect of forest reproductive material means one of the categories listed in regulation 4(1);

• “clonal mixture” is a type of basic material and has the meaning given it in paragraph (3);

• “clone” is a type of basic material and has the meaning given it in paragraph (3);

• “collecting” includes the taking of parts of plants, extraction of seed, and harvesting, and “collect”, “collection” and “collected” shall be construed accordingly;

• “Commissioners” refers to the Forestry Commissioners;

• “contact details” means a person’s telephone number, if he has one, and, where he may be contacted by other telephonic or electronic communication, his fax number and/or email address;

• ...

• a “country granted equivalence” means a third country that has been assessed by the Secretary of State that the forest reproductive material from that third country is produced under conditions equivalent to the requirements of these Regulations for that category of forest reproductive material to which these Regulations apply;

• a “country granted equivalence” means a third country that has been assessed by the Welsh Ministers that the forest reproductive material from that third country is produced under conditions equivalent to the requirements of these Regulations for that category of forest reproductive material to which these Regulations apply;

• “country granted equivalence” means a country that has been assessed by Scottish Ministers as producing the categories of forest reproductive material referred to in regulation 4 under conditions equivalent to those required by these Regulations;

• “crossing design” means the method by which individual trees used as female parents are pollinated, whether naturally or artificially, by one or more trees used as male parents;

• “Crown Dependency” means the Isle of Man or any of the Channel Islands;

• “the Department” has the meaning given in the NI Regulations;

• “the Directive” means Council Directive 1999/105/EC of 22nd December 1999 on the marketing of forest reproductive material[^f00003]

• ...

• ...

• “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;

• “forest reproductive material” means reproductive material of the tree species and artificial hybrids listed in Schedule 1;

• “full-sibling” means progeny obtained from parents of family where the identified parent used as female is pollinated with the pollen of one other parent tree;

• “genetically modified organism” has the meaning given to it in section 106 of the Environmental Protection Act 1990;

• “half-sibling” means progeny obtained from parents of family where the identified parent used as female is pollinated with a number of identified or unidentified parent trees;

• “indigenous” in respect of a stand or seed source means that it is an autochthonous stand or seed source, or has been raised artificially from seed, the origin of which is situated in the same region of provenance;

• “infructescense” is a type of seed unit and means a group of fruits formed on a single inflorescence;

• “marketing” meansdisplaying with a view to sale,offering for sale,selling, ordelivering under a contract (other than where an agent delivers to his principal items procured on the principal’s behalf), including a contract for the supply of services,and “market” and “marketed” shall be construed accordingly;

• “Master Certificate” means—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;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 Department in accordance with regulation 13 of the NI Regulations;...in the case of forest reproductive material produced in an OECD country granted equivalence, a Master Certificate issued by the Commissioners in accordance with regulation 25(5) and (6) , a Master Certificate issued by the Scottish Ministers in accordance with regulation 25A(5) and (6), or a Master Certificate issued by the Department in accordance with the NI Regulations;in the case of forest reproductive material produced in a non-OECD country granted equivalence, a Master Certificate issued by the Commissioners in accordance with regulation 25(5), a Master Certificate issued by the Scottish Ministers in accordance with regulation 25A(5), a Master Certificate issued in relation to the material by the Department or an official certificate within the meaning of paragraph 8 of Schedule 13; in the case of forest reproductive material produced in a Crown Dependency, an official certificate issued in relation to the material by an official body of that Crown Dependency under legislation recognised by the Secretary of State to have equivalent effect to these Regulations; in the case of forest reproductive material produced in a Crown Dependency, an official certificate issued in relation to the material by an official body of that Crown Dependency under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations;

• “Master Certificate” means—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;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 Department in accordance with regulation 13 of the NI Regulations;...in the case of forest reproductive material produced in an OECD country granted equivalence, a Master Certificate issued by the appropriate authority in accordance with regulation 25(5) and (6) or a Master Certificate issued by the Department in accordance with the NI Regulations;in the case of forest reproductive material produced in a non-OECD country granted equivalence, a Master Certificate issued by the appropriate authority in accordance with regulation 25(5), a Master Certificate issued in relation to the material by the Department or an official certificate within the meaning of paragraph 8 of Schedule 13; in the case of forest reproductive material produced in a Crown Dependency, an official certificate issued in relation to the material by an official body of that Crown Dependency under legislation recognised by the Welsh Ministers to have equivalent effect to these Regulations;

• ...

• “National Register” has the meaning given to it in regulation 6;

• “the NI Regulations” means the Forest Reproductive Material Regulations (Northern Ireland) 2002;

• “the 1977 Regulations” means the Forest Reproductive Material Regulations 1977[^f00006];

• “the 1973 Regulations” means the Forest Reproductive Material Regulations 1973[^f00007];

• a “non-OECD country granted equivalence” means a country granted equivalence and which is not a member of the OECD Scheme;

• an “OECD country granted equivalence” means a country granted equivalence and which is a member 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 CA(2018)14 of the Committee for Agriculture;

• a “non-OECD country granted equivalence” means a country granted equivalence and which is not a member of the OECD Scheme;

• an “OECD country granted equivalence” means a country granted equivalence and which is a member 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;

• “official body”—......in relation to a country granted equivalence or a Crown Dependency 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;

• “official body”—......in relation to a country granted equivalence or a Crown Dependency means the authority or body which is officially responsible in that country for the approval and control of forest reproductive material produced by the country;

• ...

• “origin” means—in respect of an autochthonous stand or seed source, the place in which the trees are growing, andin respect of any other stand or seed source, the place from which the seed or plants in the stand or seed source were originally introduced;

• “ortet” has the meaning given it under “clone” in paragraph (3) of this regulation;

• “owner” in respect of basic material has the meaning given it in regulation 7(6), subject to regulation 7(9);

• “parents of family” are a type of basic material, and the phrase has the meaning given to it in paragraph (3);

• “parts of plants” refers to a type of reproductive material, and the phrase has the meaning given it in paragraph (4);

• ...

• “UK plant passport” has the meaning given in the EU Plant Health Regulation Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;

• “planting stock” refers to a type of reproductive material, and has the meaning given it in paragraph (4);

• “Populus spp.” includes all species of the genus, including artificial hybrids;

• “production” includes all stages in—the generation of a seed unit and, where the seed unit is not already a seed, the conversion from seed unit to seed, andthe raising of planting stock from seed units and parts of plants,and “produced” shall be construed accordingly;

• “provenance” means the place in which any stand of trees is growing or where a seed source is located;

• “ramet” has the meaning given it under “clone” in paragraph (3) of this regulation;

• “region of provenance” means, in respect of a species or sub-species, an area demarcated pursuant to regulation 5 by the Commissioners , the Scottish Ministers, or the Welsh Ministers or pursuant to regulation 5 of the NI Regulations by the Department, in which stands or seed sources showing similar phenotypic or genetic character are found, or a group of such areas subject to uniform or similar ecological conditions;

• a “registered supplier” means a supplier of forest reproductive material registered in accordance with regulation 16;

• “relevant territory” means— England ... Scotland, and Wales;

• “reproductive material” means material which is derived from basic material and is in one of the forms defined in paragraph (4);

• “seed orchard” is a type of basic material and has the meaning given it in paragraph (3);

• “seed source” is a type of basic material and has the meaning given it in paragraph (3);

• “seed unit” is a type of reproductive material and has the meaning given it in paragraph (4);

• “specified purpose” in Schedules 3 and 5 has the meaning given it in Schedule 3, in the paragraph headed “General”;

• “stand” is a type of basic material and has the meaning given it in paragraph (3);

• “standard” means basic material or reproductive material which serves as a comparator in comparative tests and is defined more specifically in Schedule 5, paragraph 3(b);

• “subsequent multiplication by vegetative propagation” means propagation by vegetative methods from forest reproductive material in respect of which a Master Certificate has been issued or sought;

• “supplier” means any person who, acting in the course of a business or trade (whether or not for profit), markets or imports forest reproductive material;

• “supplier’s label or document” means, except in regulations 23 and 24, the label or document setting out the particulars required under regulation 19(1);

• “third country” means a country or territory outside the British Islands;

• “the Tribunal” means the Tribunal continued under section 42 of, and Schedule 3 to, the Plant Varieties Act 1997[^f00009];

• “UK plant passport” has the meaning given in the EU Plant Health Regulation;

• “unit of approval” , except in regulation 14(1), has the meaning given it in regulation 7(5); and

• “verification test” means an assessment, whether by observation or measurement of characteristics, including molecular methods of measurement, or by other means, of the proportion of hybrid material in reproductive material, where that reproductive material is produced as an artificial hybrid.

• (3) In respect of basic material—

• “clonal mixture” means a mixture of identified clones in known proportions;

• “clone” means a group of individuals (referred to as “ramets”) derived originally from a single individual (referred to as an “ortet”) by means of vegetative propagation, such as cuttings, micropropagation, grafts, layers or divisions;

• “parents of family” means trees used to obtain progeny by controlled or open pollination of one identified parent used as a female;

• “seed orchard” means a plantation of selected clones or families which is isolated or managed so as to avoid or reduce pollination from outside sources, and managed so as to produce frequent, abundant and easily collected crops of seed;

• “seed source” means trees within an area from which seed is collected; and

• “stand” means a delineated population of trees possessing at least a moderate degree of uniformity in composition.

• (4) In respect of reproductive material,

• “parts of plants” means—buds,cuttings of stem, leaf or root,explants or embryos for micropropagation,layers,roots,scions,sets, andany other part of a plant intended for the production of planting stock;

• “planting stock” means plants which are produced from seed units or from parts of plants, or which originated by natural regeneration; and

• “seed unit” means cones, infructescenses, fruits and seeds intended for the production of planting stock.

• (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application

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These Regulations shall not apply to forest reproductive material intended for export or re-export outside of Great Britain.

PART II — Forest Reproductive Material and Approval of Basic Material for Entry in the National Register

Categories of Forest Reproductive Material

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• (1) Forest reproductive material shall be categorised as follows—

• (a) “source-identified” material shall be so categorised if the basic material from which it is derived meets the requirements of Schedule 2;