The Forest Reproductive Material (Great Britain) Regulations 2002

Withdrawal and amendment of approval of basic material

9.—(1) The Commissioners 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 the Commissioners 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 the Commissioners 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 the Commissioners 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 the Commissioners 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 the Commissioners 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 the Commissioners 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) The Commissioners 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) The Commissioners 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 the Commissioners 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 the Commissioners in writing no later than 28 days after the level of production reaches that specific level of production; and

(b) the Commissioners 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), the Commissioners 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 the Commissioners 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.