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The Forest Reproductive Material (Great Britain) Regulations 2002

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PART IIU.K.Forest Reproductive Material and Approval of Basic Material for Entry in the National Register

Categories of Forest Reproductive MaterialU.K.

4.—(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;

(b)“selected” material shall be so categorised if the basic material from which it is derived meets the requirements of Schedule 3;

(c)[F1subject to paragraph (1A),] “qualified” material shall be so categorised if the basic material from which it is derived meets the requirements of Schedule 4; and

(d)“tested” material shall be so categorised if the basic material from which it is derived meets the requirements of Schedule 5.

[F2(1A) Basic material of Pinus pinaster Ait. may be categorised as “qualified” if the requirement in Schedule 4, paragraph (1)(c) is not met, in accordance with Commission Regulation (EC) No. 69/2004 authorising derogations from certain provisions of Council Directive 1999/105/EC in respect of the marketing of forest reproductive material derived from certain basic material.]

(2) In these Regulations “the relevant Schedule” refers, in respect of each category of forest reproductive material described in sub-paragraphs (1)(a) to (d), to the Schedule referred to in the sub-paragraph in which the category is described.

Textual Amendments

Demarcation of regions of provenance in respect of certain basic materialU.K.

5.—(1) The Commissioners shall demarcate regions of provenance [F3in England F4...] in respect of each of the species listed in Schedule 1 which exist in [F5England F4...] and shall allocate to each region of provenance an identity code.

[F6(1A) The Welsh Ministers shall demarcate regions of provenance in Wales in respect of each of the species listed in Schedule 1 which exist in Wales and shall allocate to each region of provenance an identity code.

[F7(1AA) The Scottish Ministers shall demarcate regions of provenance in Scotland in respect of each of the species listed in Schedule 1 which exist in Scotland and shall allocate to each region of provenance an identity code.]

(1B) The Commissioners and the Welsh Ministers may together exercise their functions under paragraph (1) and (1A) so as to designate a region of provenance of which part is in Wales.]

(2) The Commissioners [F8, the Scottish Ministers] [F9and the Welsh Ministers shall draw up maps showing the regions of provenance which they have demarcated pursuant to this regulation], distinguishing areas by different altitudes where relevant, and shall make such maps available to the public, whether by electronic means or in paper form, upon payment of the prescribed fee, if any.

Textual Amendments

Establishment and maintenance of the National RegisterU.K.

6.—(1) [F10There is to be] a register of approved basic material which shall be known as the National Register of Approved Basic Material for Great Britain (“the National Register”).

[F11(1A) The Welsh Ministers shall maintain that part of the National Register recording basic material approved by them under regulation 7.

[F12(1AA) The Scottish Ministers shall maintain that part of the National Register recording basic material approved by them under regulation 7.]

(1B) The Commissioners shall maintain that part of the National Register recording basic material approved by them under regulation 7.]

(2) [F13The Commissioners [F14, the Scottish Ministers] and the Welsh Ministers shall each make that part of the National Register which they maintain] available to the public, whether by electronic means or in paper form, upon payment of the prescribed fee, if any.

Textual Amendments

Approval of basic material for use in the production of forest reproductive materialU.K.

7.—(1) [F15The appropriate authority] may approve basic material where, subject to paragraphs (2) to (4), they are satisfied that it meets the requirements set out in at least one of Schedules 2 to 5 and in the case of basic material in the form of clones and clonal mixtures, they may give approval which lasts for a specified number of years or to a specified maximum level of production.

(2) [F15The appropriate authority] may give approval (“conditional approval”) lasting for a period of up to ten years in respect of basic material under paragraph (1) for the production of forest reproductive material categorised pursuant to regulation 4(1)(d) as “tested” notwithstanding the absence of concluded genetic evaluation or comparative tests, where [F15the appropriate authority] are satisfied that the provisional results of genetic evaluation or comparative tests referred to in Schedule 5 demonstrate that the basic material is likely to meet the requirements for approval under these Regulations once the genetic evaluation or comparative tests are concluded.

(3) [F15The appropriate authority] may, up to and including 31st December 2012, approve basic material under paragraph (1) for the production of forest reproductive material categorised pursuant to regulation 4(1)(d) as “tested”:

(a)in the case of forest reproductive material of the species and artificial hybrids not previously controlled by the 1977 or 1973 Regulations, where concluded comparative test results are obtained using a testing method which does not satisfy the requirements set out in Schedule 5, if such comparative tests begun before 1st January 2003 have shown to the satisfaction of [F15the appropriate authority] that the reproductive material derived from the basic material is superior to the relevant standard as provided for in Schedule 5; and

(b)where genetic evaluation test results are obtained using a testing method which does not satisfy the requirements set out in Schedule 5, if such genetic evaluation tests begun before 1st January 2003 have shown to the satisfaction of [F15the appropriate authority] that the reproductive material derived from the basic material is superior to the relevant reference population as provided for in Schedule 5.

(4) Basic material consisting of a genetically modified organism shall not be approved under this regulation unless—

(a)[F15the appropriate authority] are satisfied that it is safe for human health and the environment; and

(b)the basic material has been authorised in accordance with Council Directive 2001/18/EC of 12th March 2001, or in the case of material authorised prior to 17th October 2002, in accordance with Council Directive 90/220/EEC.

(5) Basic material which is approved in accordance with this regulation shall be entered by [F15the appropriate authority] in the National Register by reference to a unit of approval to which they shall allocate a unique register reference, and—

(a)in the case of material whose approval under paragraphs (1) or (2) is limited in time or otherwise qualified, the date on which the approval shall end, or other qualification as is appropriate, shall be entered in the National Register in respect of that unit of approval; and

(b)in the case of approval being given of basic material intended for the production of forest reproductive material of the category “selected”, where approval has been granted for a specified purpose within the meaning of Schedule 3, the specified purpose shall be entered in the National Register by [F15the appropriate authority].

(6) Subject to any exceptions permitted under paragraph (9), the following categories of person may seek approval of basic material under this regulation—

(a)the owner of the basic material for which approval is sought, or

(b)a person authorised in writing by the owner of the basic material for which approval is sought;

and for the purposes of this paragraph, “owner” shall mean, in the case of basic material which is owned by more than one person, all the owners of the material acting together.

(7) Subject to any exceptions permitted under paragraph (9), persons seeking approval of basic material under this regulation shall apply in writing to [F15the appropriate authority], providing the following particulars and documentation—

(a)the applicant’s name, address and contact details;

(b)if the applicant is not the owner of the basic material, the name and address of the owner, and the written authority referred to in paragraph (6)(b);

(c)the Ordnance Survey grid reference for the location of the basic material, together with a copy of a map drawn on a scale of 1:10,000 showing clearly its location;

(d)the category of forest reproductive material which it is proposed be derived from the basic material for which approval is sought; and

(e)the documentation referred to and the information required of the applicant in the relevant Schedule for the category of forest reproductive material referred to in sub-paragraph (d).

(8) An applicant under paragraph (6) shall—

(a)pay to [F15the appropriate authority] the prescribed fee, if any, which shall accompany his application;

(b)furnish [F15the appropriate authority] with such further documentation which demonstrates or pertains to the eligibility of the basic material for approval as they may request; and

(c)provide for access by [F15the appropriate authority], should they so require, to inspect the basic material the subject of the application when considering whether to approve the basic material.

(9) Nothing in this regulation shall prevent [F15the appropriate authority], where they judge it appropriate in all the circumstances, from accepting an application for approval which does not fully comply with paragraphs (6) and (7), and in the case of such an application in which not all owners have joined, from treating those applicants together as the “owner” for the purposes of regulations 9(1), (7), (10) and (11).

(10) Basic material approved and registered under the 1973 and 1977 Regulations in the National Register of Basic Material for the Production of Forest Reproductive Material established under regulation 5(1) of the 1973 Regulations—

(a)shall be approved basic material within the meaning of these Regulations;

(b)shall be deemed to have been entered in the National Register created by these Regulations; and

(c)shall be allocated a unique register reference by [F15the appropriate authority].

[F16(11) In this regulation, regulations 8, 9 and 20(b), and in Schedules 2 to 5, “the appropriate authority” means—

(a)the Welsh Ministers, in relation to basic material located in Wales;

[F17(b)the Scottish Ministers, in relation to basic material located in Scotland,

(c)the Commissioners, in relation to basic material located in England.]]

Textual Amendments

Specific requirements for certain basic material after its approvalU.K.

8.—(1) A seed orchard which has been approved as basic material intended for the production of forest reproductive material of the category “qualified” shall be managed and its seed harvested in such a way that the objective of the orchard referred to in paragraph (a) of Schedule 4 is attained.

(2) An applicant who obtains approval under regulation 7 of basic material other than in the form of a seed source approved for the production of forest reproductive material of the category “source-identified” or a seed orchard or parent of family approved for the production of forest reproductive material of the category “qualified” shall notify [F18the appropriate authority] in writing of the following alterations in respect of that basic material no later than 28 days before the date on which a collection notifiable to [F18the appropriate authority] pursuant to regulation 11 is to take place—

(a)a reduction in area; or

(b)a material change in the composition or stocking of the basic material.

Textual Amendments

Withdrawal and amendment of approval of basic materialU.K.

9.—(1) [F19The appropriate authority] shall periodically re-inspect approved basic material from which forest reproductive material of the categories “selected”, “qualified” and “tested” may be derived, and the owner of such material shall provide for arrangements for such re-inspections to be made upon [F19the appropriate authority] giving the owner at least 14 days' written notice.

(2) An applicant under regulation 7(7) who has obtained conditional approval of basic material under regulation 7(2) shall notify [F19the appropriate authority] in writing of results of genetic evaluation or concluded comparative testing in respect of that basic material no later than 28 days after obtaining such results.

(3) An applicant under regulation 7(7) who has obtained approval of basic material for production of forest reproductive material of the category “qualified” shall—

(a)in respect of seed orchards, write to [F19the appropriate authority] seeking their approval in writing for changes in the type, objective, crossing design and field layout, components, isolation or location no later than 28 days after such changes take effect;

(b)in respect of seed orchards, notify [F19the appropriate authority] in writing of thinning of the seed orchard, and the selection criteria used for such thinning, no later than 28 days after the thinning is carried out; and

(c)in respect of parents of family, write to [F19the appropriate authority] seeking their approval in writing for significant changes in the objective, crossing design and pollination system, components, isolation or location no later than 28 days after such changes take effect.

(4) Where [F19the appropriate authority] decline to approve changes referred to in paragraph (3)(a) and (c), they may, after giving 14 days' notice in writing, withdraw approval of the basic material the subject of the changes, and remove the relevant unit of approval from the National Register.

(5) [F19The appropriate authority] may, after giving 14 days' notice in writing specifying their reasons for doing so, withdraw approval granted under this Part in respect of any basic material and remove the relevant unit of approval from the National Register if they are satisfied that any of the requirements of regulations 7(1) to (4) or 8 are not met in respect of that basic material.

(6) [F19The appropriate authority] may, after giving 14 days' notice in writing specifying their reasons for doing so, withdraw approval granted under the 1977 and 1973 Regulations and remove the relevant unit of approval from the National Register if they are satisfied that the basic material the subject of the approval does not meet the requirements of the relevant Schedule for the category of forest reproductive material in respect of which the basic material has been entered in the National Register.

(7) Notice required under paragraphs (4) to (6) shall be given to the owner of the basic material in respect of which the notice is required, and, in the case of basic material which was first approved upon the application of another person authorised by the owner, notice shall also be given to that other person.

(8) Where approval of basic material is given for a specific period under regulation 7(1) or (2), and has not been withdrawn for any other reason under this regulation, approval shall automatically be withdrawn at the end of that specific period, and [F19the appropriate authority] shall remove the unit of approval from the National Register.

(9) Where approval of basic material in the form of clones or clonal mixtures is limited to a specific level of production under regulation 7(1)—

(a)the applicant under regulation 7(7) who has obtained such approval shall inform [F19the appropriate authority] in writing no later than 28 days after the level of production reaches that specific level of production; and

(b)[F19the appropriate authority] shall, on receipt of such information, withdraw approval, remove the unit of approval from the National Register, and write to the applicant confirming the action they have taken.

(10) Upon withdrawing approval of any basic material and removing the relevant unit of approval from the National Register under paragraphs (4) to (6), [F19the appropriate authority] may, without further application by the owner or other person authorised by the owner of that basic material, approve that material for the production of forest reproductive material of another of the categories referred to in regulation 4(1) and re-enter that basic material in the National Register (“amend approval”) if they are satisfied that the requirements of the relevant Schedule for that other category are met.

(11) Where [F19the appropriate authority] amend approval of basic material pursuant to paragraph (10), they shall write to the owner and, in the case of basic material which was first approved upon the application of another person authorised by the owner, to that other person, informing him, or them as appropriate, of the fact.

Textual Amendments

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