The Forest Reproductive Material Regulations (Northern Ireland) 2002

Transitional arrangements for forest reproductive material existing at 1st January 2003

31.—(1) An owner on 31st December 2002 of forest reproductive material which remains to be marketed after the coming into force of these Regulations (“existing stock”) may not market that existing stock unless he is a registered supplier under regulation 16, and the existing stock meets the relevant requirements of paragraphs (2) to (5).

(2) Existing stock of the species and artificial hybrids controlled under the 1977 Regulations may be marketed under this regulation only if–

(a) prior to 1st January 2003, it complied with the 1977 Regulations, including compliance by virtue of a licence granted under those Regulations prior to 1st January 2003; and

(b) after 31st December 2002 it meets the requirements of regulations 12 to 14, 16, 18 and 19 of these Regulations.

(3) Existing stock of the species and artificial hybrids not controlled under the 1977 Regulations may be marketed under this regulation notwithstanding that it is not produced from approved basic material and does not have a Master Certificate provided that after 31st December 2002–

(a) as to its production, it complies with regulations 14(1)(b) to (e) and (g) to (k) and (3); and

(b) at the time of marketing, it satisfies the requirements of regulations 17(8) to (12), 19(3) and (5), and is accompanied by a supplier’s label or document which–

(i) sets out the information referred to in regulation 19(1)(c), (d), (f) to (h) and (2) as read with (4) and regulation 20;

(ii) sets out the identification criteria referred to in regulation 14(1)(b) to (e) and (g) to (k);

(iii) otherwise meets the labelling requirements of regulation 19(6) and (7); and

(iv) identifies the stock as existing stock by the statement: “From forest reproductive material in existence before 1st January 2003, pursuant to Council Directive 1999/105/EC, Article 28(3).”

(4) An owner of existing stock referred to in paragraph (3) in the form of seeds as at 1st January 2003 may market such stock only if, no later than 10th February 2003, he provides the Department with written details of that stock, describing the species, quantity and year of ripening of such stock.

(5) Existing stock marketed under this regulation which is despatched to Great Britain or moved to another member State shall meet the relevant requirements of regulations 21 and 22.