The Forest Reproductive Material (Great Britain) Regulations 2002

[^M_F_959db88d-8745-4182-beda-03f3685cee42]: Words in Sch. 13 para. 6 heading inserted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(25)(d) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(4)(j)(iii)) and (S.) (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(25)(d) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 19(11)(c)); 2020 c. 1, Sch. 5 para. 1(1)

[^M_F_a54ec6d8-091c-434e-8f96-0c3291da4ffd]: Word in Sch. 13 para. 2 inserted (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(26)(b)(iii)(bb)

[^M_F_a8a45ec1-9457-4f38-e030-4e2b4715cf8e]: Words in Sch. 13 para. 2 substituted (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(26)(b)(iii)(aa)

[^M_F_ae34209d-2ad9-4cac-f32d-b24dfe169ece]: Words in Sch. 13 para. 2 omitted (E.) (31.12.2020) by virtue of S.I. 2019/131, regs. 1, 6(25)(b)(ii)(ee) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(4)(j)(ii)(bb)) and (S.) (31.12.2020) by virtue of S.S.I. 2019/130, regs. 1(1), 66(25)(b)(ii)(ee) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 19(11)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

[^M_F_af5b5527-334a-4cb8-8580-a7f82c25d27d]: Words in Sch. 13 para. 2 substituted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(25)(b)(ii)(aa) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(4)(j)(ii)(bb)) and (S.) (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(25)(b)(ii)(aa) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 19(11)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

[^M_F_b14d1f1c-5cb5-4915-8c9a-0fbcdbf8ada9]: Words in Sch. 13 para. 7 substituted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(25)(e) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(4)(j)(iii)) and (S.) (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(25)(e) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 19(11)(c)); 2020 c. 1, Sch. 5 para. 1(1)

[^M_F_c58503d2-8e42-412f-d30c-981f180d94e7]: Words in Sch. 13 para. 2 inserted (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(26)(b)(i)

[^M_F_c6ef6eeb-329b-4a49-fcd2-7014e3fdfcc1]: Words in Sch. 13 para. 2 omitted (W.) (31.12.2020) by virtue of The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(26)(b)(iii)(ee)

[^M_F_cea9355d-f56c-486e-c989-51f99a6a3a4b]: Word in Sch. 13 para. 2 inserted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(25)(b)(ii)(bb) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(4)(j)(ii)(bb)) and (S.) (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(25)(b)(ii)(bb) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 19(11)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

[^M_F_e8d3b24c-1e44-4cc1-c436-757f56be2f28]: Words in Sch. 13 para. 2 omitted (W.) (31.12.2020) by virtue of The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(26)(b)(ii)

[^V_S_37634ade-88fd-0679-3e7e-7232bdf48556]: Words in reg. 18(1)(b) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(9); S.S.I. 2019/47, reg. 2

[^V_S_415afb71-8626-449b-20a2-2ad48cf2dba6]: Words in reg. 18(1)(a) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(9); S.S.I. 2019/47, reg. 2

[^V_S_edd2a073-386f-bf1c-a09f-7f49a303392b]: Reg. 18 substituted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 6

[^V_W_3e52f156-f687-3ec8-7563-16c6b54a007c]: Reg. 23A inserted (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(15)

[^key-818e75c8c026458d5de11292658ee7a9]: 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. 15 para. 4(a)

[^key-09c7c276d7b93308e4c2ef561500c4c7]: Word in reg. 18A(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. 15 para. 4(b)

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

PART 1

Scope of Schedule

1

This Schedule applies to consignments of forest reproductive material produced in a country granted equivalence.

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;

• ...

• “permitted material” means—in the case of forest reproductive material produced in an OECD country granted equivalence, 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” , “tested” 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 non-OECD country granted equivalence, forest reproductive material which—is of the species listed in the authorisation for that country published by the Secretary of State;authorisation for that country published by the Scottish Ministers;has been certified as “source identified” by the relevant official body; andis derived from a seed source or a stand....

PART 2

Scope of Part 2

3

This Part applies to consignments of permitted material produced in an OECD country granted equivalence.

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 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” or the “tested category”

6

In the case of forest reproductive material in the form of seed or planting stock of the “qualified category” or the “tested 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 3

7

This Part applies to consignments of permitted material produced in a non-OECD country granted equivalence.

Requirements

8

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.

Prohibition against imports of forest reproductive material into Wales from third countries

PART 1 — Forest reproductive material imported into Wales from third countries

Scope of Schedule

1

This Schedule applies to consignments of forest reproductive material produced in a country granted equivalence.

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;

• ...

• “permitted material” means—in the case of forest reproductive material produced in an OECD country granted equivalence, 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” , “tested” 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 non-OECD country granted equivalence, forest reproductive material which—is of the species listed in the authorisation for that country published by the Welsh Ministers;has been certified as “source identified” by the relevant official body; andis derived from a seed source or a stand....

PART 2

Scope of Part 2

3

This Part applies to consignments of permitted material produced in an OECD country granted equivalence.

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) 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 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 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 3

7

This Part applies to consignments of permitted material produced in a non-OECD country granted equivalence.

Requirements

8

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.

Licences: Scotland

18A

• (1) The Scottish Ministers may authorise a registered supplier by licence to—

• (a) market forest reproductive material in Scotland which would otherwise be prohibited under regulation 17(1), or

• (b) import into Scotland forest reproductive material which would otherwise be prohibited under regulation 25A.

• (2) The licence shall be in writing and may be granted—

• (a) subject to conditions,

• (b) for a definite or an indefinite period.

• (3) The Scottish Ministers may give an authorisation under paragraph (1)(a) or (b) only—

• (a) if the forest reproductive material is to be marketed for use in tests, for scientific purposes or for genetic conservation purposes,

• (b) if the forest reproductive material consists of seed units which are clearly shown not to be intended for forestry purposes, or

• (c) in exercise of a derogation permitted by any provision made under assimilated law relating to forest reproductive material or under the Plant Varieties and Seeds Act 1964.

• (4) The Scottish Ministers may also give an authorisation under paragraph (1)(a) if the forest reproductive material is to be marketed for use in selection work.

• (5) If the Scottish Ministers decline to give an authorisation under paragraph (1), they shall give the applicant their reasons for doing so in writing.

Labelling and packaging of lots for marketing

Seed testing

Prohibition against imports of forest reproductive material into Wales from third countries

25A

• (1) No person may import forest reproductive material into Scotland from a third country for the purpose of marketing it unless—

• (a) it has been produced in a country granted equivalence,

• (b) it is permitted material, and

• (c) the requirements set out in Schedule 13 are met on entry.

• (2) A person intending to import permitted material into Scotland from a country granted equivalence shall notify the Scottish Ministers of the arrival of the material at least three days before the intended date of its arrival into Scotland.

• (3) The notification to the Scottish Ministers shall be—

• (a) in writing, and

• (b) contain the following details in relation to the material:—

• (i) its anticipated point of entry into Scotland, and

• (ii) its anticipated date and time of arrival into Scotland.

• (4) After the permitted material has been imported into Scotland, the owner of that material may apply to the Scottish Ministers for a Master Certificate in relation to the material.

• (5) If the Scottish Ministers are satisfied that the requirements set out in Schedule 13 have been met in relation to the permitted material, the Scottish Ministers shall issue a Master Certificate for the material to its owner.

• (6) In the case of permitted material from an OECD country granted equivalence, a Master Certificate issued under paragraph (5) shall—

• (a) be based on the OECD Certificate of Provenance, and

• (b) indicate that the material has been imported under an equivalence regime.

• (7) In this regulation, “OECD Certificate of Provenance” and “permitted material” have the meanings given in paragraph 2 of Schedule 13.

Imports into Great Britain from a Crown Dependency

23A

No person acting in the course of a business or trade whether or not for profit shall import from a Crown Dependency forest reproductive material into a relevant territory intending to market that material unless it is accompanied by a supplier’s label or document setting out the particulars required under legislation of that Crown Dependency which is recognised by the Secretary of State as having equivalent effect to regulation 19 of these Regulations.

Imports into Great Britain from a member State

Prohibition against imports of forest reproductive material into Scotland from countries granted equivalence