The Forest Reproductive Material Regulations (Northern Ireland) 2002

[^key-4ac46da8457fd2ea8be36348497c0f3c]: Words in Sch. 13 para. 2 inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 38(b)(aa)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e20911de5f4976d2619d1d9ade324cc1]: Words in Sch. 13 para. 2 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 38(b)(bb)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3ff1cae8f8ddd8dabc5921c8fc908ed0]: Word in reg. 18(3)(c) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 10 para. 1

Regulation 25 (prohibition against imports of forest reproductive material from third countries)

SCHEDULE 13

PART 1

Scope of Schedule

1

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

Interpretation

2

In this Schedule—

• 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;

• “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—in the case of forest reproductive material produced in an approved non-EU third country, forest reproductive material which;is in the form of seeds or planting stock;is of a species or artificial hybrid listed in Schedule 1;has been certified as “source-identified”, “selected” or “qualified” by the relevant official body in accordance with the rules of the OECD Scheme;where it is in the form of seeds, it has been certified as derived from approved basic material by the relevant official body; andwhere 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. in the case of forest reproductive material produced in a member State, forest reproductive material which has been certified by the relevant official body in accordance with Article 12 of the Directive or the OECD Scheme;

PART2

Scope of Part 2

3

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

General requirements

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

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 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 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 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 1A — Approved non-EU third countries

Approved non-EU third countries

1

Canada.

2

Norway

3

Serbia

4

Switzerland

5

Turkey

6

United States of America

PART 1B — Scope of Part 1B

2A

This Part applies to consignments of permitted material produced in a member State.

General requirements

2B

A consignment of permitted material must be accompanied by—

• (a) by a copy of the Master Certificate issued by the relevant official body under Article 12 of the Directive;

• (b) a label or document which complies with the requirements in Article 14 of the Directive;

• (c) an OECD Certificate of Provenance or OECD Certificate of Identity issued in relation to the permitted material; or

• (d) a label or 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 or OECD Certificate of Identity; and

• (iii) in relation to any seed lot which is accompanied by an OECD Certificate of Provenance or an OECD Certificate of Identity, the information specified in paragraph 2D.

2C

Where the permitted material is accompanied by an OECD Certificate of Provenance or OECD Certificate of Identity, or a label or document referred to in paragraph 2B(d), an OECD label must be attached to each seed lot and to each consignment of planting stock.

2D

The OECD label attached to the seed lot and any supplier's document accompanying the seed lot must 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 it is impossible or impractical to assess the germination percentage, the viability percentage assessed by reference to a method which must be described;

• (c) the weight of 1000 pure seeds;

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

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

2E

But the OECD label and supplier's document may omit the following information—

• (a) any information mentioned in paragraph 2(D)(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 paragraph 2(D)(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 specified for the species or artificial hybrid of the seed in Schedule 11, the information mentioned in paragraph 2(D(b) or (d).

2F

All seed must be consigned in sealed packages.