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.

The Department shall demarcate a region of provenance in respect of each of the species listed in Schedule 1 which exist in Northern Ireland and shall allocate to the region of provenance an identity code.

The Department shall draw up maps showing the demarcated regions of provenance referred to in paragraph (1), 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.

The Department shall establish and maintain a register of approved basic material which shall be known as the National Register of Approved Basic Material for Northern Ireland (“the Northern Ireland Register”).

The Department shall make the Northern Ireland Register available to the public, whether by electronic means or in paper form, upon payment of the prescribed fee, if any.

The Department may approve basic material where, subject to paragraphs (2) to (4), it is 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, it may give approval which lasts for a specified number of years or to a specified maximum level of production.

The Department 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 the Department is 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.

Nothing in this regulation shall prevent the Department, where it judges 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).

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.

The Department 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 Department giving the owner at least 14 days' written notice.

An applicant under regulation 7(7) who has obtained conditional approval of basic material under regulation 7(2) shall notify the Department 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.

Where the Department declines to approve changes referred to in paragraph (3)(a) and (c), it may, after giving 14 days' notice in writing, withdraw approval of the basic material which was the subject of the changes and remove the relevant unit of approval from the Northern Ireland Register.

The Department may, after giving 14 days' notice in writing specifying its 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 Northern Ireland Register if it is satisfied that any of the requirements of regulations 7(1) to (4) or 8 are not met in respect of that basic material.

The Department may, after giving 14 days' notice in writing specifying its reasons for doing so, withdraw approval granted under the 1977 and 1973 Regulations and remove the relevant unit of approval from the Northern Ireland Register if it is satisfied that the basic material which was 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 Northern Ireland Register.

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.

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 Department shall remove the unit of approval from the Northern Ireland Register.

Upon withdrawing approval of any basic material and removing the relevant unit of approval from the Northern Ireland Register under paragraphs (4) to (6), the Department 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 the approval”) if it is satisfied that the requirements of the relevant Schedule for that other category are met.

Where the Department amends the approval of basic material pursuant to paragraph (10), it 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.

Regulation 27(2) and (3) shall apply when the Department or other persons on their behalf attend to observe a collection as provided for in paragraph (1) as if the attendance were an inspection carried out under regulation 27(1).

This regulation shall not apply to the extraction of seed from cones or fruits.

The owner of forest reproductive material produced by means of subsequent multiplication by vegetative propagation permitted in accordance with regulation 12 shall within two months from the date the material used in such propagation is first collected apply for a new Master Certificate in respect of the forest reproductive material so produced, providing the particulars required under paragraph (2) above and stating that it has been produced by such means.

The Department shall issue to the owner, or other applicant authorised by the owner, of any forest reproductive material which they are satisfied has been collected or produced for purposes of marketing in accordance with this Part a Master Certificate in respect of the forest reproductive material and shall allocate to each certificate its own number.

A Master Certificate issued in respect of forest reproductive material produced by mixing permitted under regulation 15(3) from seed sources and stands in the category “source-identified” shall certify such forest reproductive material as “reproductive material derived from a seed source”.

A Master Certificate issued in respect of forest reproductive material produced from mixing permitted under regulation 15(3) of reproductive material derived from basic material which is neither autochthonous nor indigenous with basic material of unknown origin shall certify such forest reproductive material as being “of unknown origin”.

Without prejudice to the requirements of paragraph (1), in the case of forest reproductive material which is produced in accordance with regulation 12 by subsequent multiplication by vegetative propagation, forest reproductive material shall be kept in separate lots from other forest reproductive material produced from such propagation from the same basic material carried out on other occasions.

The identification criteria and the information required under this regulation shall be documented either by labelling which clearly distinguishes each lot, or by any other method which has been approved by the Department in writing prior to its use.

Forest reproductive material in respect of which a Master Certificate has been obtained pursuant to these Regulations may be mixed during production to create a single lot in one of the ways described in paragraphs (3) and (4).

A single lot of mixed forest reproductive material created in accordance with paragraph (1) shall be distinguished as a lot by reference to the identification criteria provided for in regulation 14(1)(a) to (k).

Forest reproductive material may be mixed where it is derived from two or more units of approval within a single region of provenance and where the units of approval each fall within one of the categories “source-identified” or “selected”.

Forest reproductive material of different years of ripening may be mixed where the material is derived from a single unit of approval.

A person shall not market or import forest reproductive material if he does so acting in the course of a business or trade whether or not for profit unless his name appears in the Register of Suppliers of Forest Reproductive Material (“the Register of Suppliers”).

The Department shall enter in the Register of Suppliers the name of a supplier (a “registered supplier”) whose application has been submitted in accordance with paragraph (2), except that if it is satisfied that upon its doing so, a breach of these Regulations is likely to occur within a reasonable time after entry of the applicant’s name in the Register of Suppliers, or if it is not satisfied that the applicant is or intends to be a supplier or importer of forest reproductive material, it need not enter the applicant’s name in the Register of Suppliers, and shall instead provide the applicant, within 14 days of reaching such a decision, with written reasons for doing so.

Where the Department acts under paragraph (4) to remove a supplier’s name from the Register of Suppliers or impose conditions on his registration in reliance wholly or partly on seed testing results obtained from an independent third party, it shall provide to the supplier when giving notice under paragraph (4) a copy of those results in documentary form.

The Department shall make the Register of Suppliers available for inspection by the public.

Forest reproductive material of the artificial hybrids listed in Schedule 1 may be marketed only if it is of the categories “selected”, “qualified” or “tested”.

Vegetatively reproduced forest reproductive material may be marketed only under the categories “selected”, “qualified” or “tested” and in the case of forest reproductive material of the category “selected”, may be marketed only if it is produced by means of subsequent multiplication by vegetative propagation from seeds.

Forest reproductive material derived from basic material in the form of a seed source may be marketed only under the category “source identified”.

Forest reproductive material derived from basic material in the form of a stand may be marketed only under the categories “source identified”, “selected” and “tested”.

Forest reproductive material which consists wholly or partly of genetically modified organisms may be marketed only under the category “tested”.

Forest reproductive material in the form of fruit and seed lots of the species listed in Schedule 1 shall reach a minimum species purity level of 99%, except in the case of closely related species other than artificial hybrids in respect of which the purity of the fruit or seed lot shall be stated in any labelling or record documenting information about the seed required under regulations 14, 15 and 19.

Forest reproductive material in the form of parts of plants shall be of fair marketable quality determined with reference to general characteristics, health and appropriate size.

Forest reproductive material in the form of stem cuttings or sets of Populus spp. shall meet the standards described in Schedule 9.

Forest reproductive material in the form of planting stock shall be of fair marketable quality determined with reference to general characteristics, health, vitality and physiological quality.

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

If the Department decline to give an authorisation under paragraph (1), it shall give the applicant its reasons for doing so in writing.

When forest reproductive material in the form of seed of any given season’s crop is first sold in that season as forest reproductive material, it need not meet the requirements of paragraph (2)(b) or, in the case of material produced in an approved non-EU d third country, the requirements of paragraph (2)(d) if the testing required to ascertain that information has not been concluded, but shall meet those requirements during all subsequent marketing where the supplier’s label or document is needed.

The information requirements of paragraph (2)(b) and (d) shall not apply to forest reproductive material in the form of seed which is marketed in quantities no greater than those described in respect of the individual species and artificial hybrids listed in Schedule 11.

Seed units shall be marketed only in sealed packages, the sealing device of which shall be such that it becomes unusable once the sealed package has been opened.

Any label or document, other than those which may be created pursuant to regulation 14(1) or this regulation, which accompanies any lot of forest reproductive material derived from basic material consisting of a genetically modified organism shall clearly document that fact, whether the label is required by law or not.

A person other than a registered supplier shall not despatch forest reproductive material to a destination in another part of the United Kingdom .

A registered supplier shall not despatch forest reproductive material to a destination in another part of the United Kingdom unless that material complies with the requirements of regulation 17 as if the forest reproductive material were to be marketed within Northern Ireland, and it is accompanied by a supplier’s label or document.

A person intending to import permitted material into Northern Ireland from a member State, or an approved non-EU third country or a permitted third country shall notify the Department of the arrival of the material at least three days before the intended date of its arrival into Northern Ireland.

After the permitted material has been imported into Northern Ireland, the owner of the permitted material may apply to the Department for a Master Certificate in relation to the material.

If the Department is satisfied that the requirements set out in Schedule 13 have been met in relation to the permitted material, the Department shall issue a Master Certificate for the material to its owner.

In this regulation—

Subject to paragraph (2), any applicant under regulation 7(7) who seeks or obtains approval of basic material shall, for a period of five years from the date of his application, retain such copies of any documentation referred to in Schedules 2 to 5 as he has obtained or created pursuant to his application, and in particular, in respect of basic material intended for the production of forest reproductive material to be certified as “tested”, shall keep and retain records which describe test sites, including location, climate, soil, past use, establishment, management and any damage due to abiotic or biotic factors.

An applicant under regulation 7(7) who is unsuccessful in obtaining approval of basic material, shall cease to be subject to the obligations of paragraph (1) after his time has expired for appealing against a decision of the Department not to approve the basic material which was the subject of the application, or, in the case where he lodges an appeal against such a decision, on the expiry of his time for further appeal after receiving notification of a decision of the Tribunal or other relevant appeal body rejecting his appeal.

A registered supplier or other person required pursuant to paragraph (3)(b) to retain specified records shall furnish to the Department at its request such information relating to those records as it may reasonably require.

Any applicant, registered supplier or other person required to produce electronic material under paragraph (6) shall give the authorised officer or other person referred to in that paragraph access to the computer processor or disk or any other electronic storage on which the electronic material is held, and shall provide the authorised officer or other person nominated by him with reasonable facilities for the inspection and copying of such electronic material.

Subject to paragraph (5), an authorised officer may, for the purposes set out in paragraph (4), and at all reasonable hours, enter and inspect any premises within the meaning of paragraph (5), and shall, if requested, produce documentary evidence of his authorisation by the Department so to enter and inspect.

An authorised officer entering and inspecting premises in exercise of his powers under paragraph (1) may take with him such other persons,... , and such equipment or vehicles as he considers necessary for the purposes of entering and inspecting the premises....

Any persons who have accompanied an authorised officer in entering and inspecting premises in accordance with paragraph (2) may, for the purposes of (2) and (4), whether or not accompanied by the authorised officer and on production if so requested of documentary evidence of their authorisation from ...an authorised officer, remain on and from time to time re-enter the premises with such equipment or vehicles as the authorised officer considers necessary.

A sample of seed taken by an authorised officer shall be divided by him into three parts, each of which he shall seal, and one part shall be delivered or sent by him to the owner of the seed or a representative nominated by the owner, one part shall be delivered or sent to a third party for independent testing, and the remaining part shall be retained by the authorised officer and be available for production to a court in accordance with regulation 29, provided that where it appears to the person taking the sample that the seed from which the sample has been taken was purchased for use and not for re-sale, the first part of the sample shall be delivered or sent to the last seller of the seed or to his representative in place of the owner of the seed or to his representative.

An authorised officer taking a sample of seeds pursuant to this regulation shall issue to the owner of the seeds a certificate in the form set out in Schedule 12.

Evidence shall not be adduced in proceedings for an offence under regulation 30 respecting a sample of seeds taken by an authorised officer unless the sample was dealt with in accordance with the manner prescribed in regulation 28 and the provisions of this regulation have been and are observed.

A certificate in the form prescribed by regulation 28(2) purporting to be issued by an authorised officer and stating that a sample was dealt with in a particular manner shall be sufficient evidence of the facts stated in the certificate.

If part of a sample taken by an authorised officer is sent to a third party for independent testing, it shall be so sent as soon as practicable after the sample is taken, and the person to whom any other part of the sample is given shall be informed before the part to be sent to the third party is sent.

A copy of a test result issued by an independent third party in documentary form in respect of a test of part of a sample taken by an authorised officer shall be sent to the person to whom any other part of the sample was or is being sent.

In any proceedings for an offence in respect of which evidence obtained pursuant to this regulation and regulation 28 is to be relied on by the prosecutors of the offence, a copy of a test result issued by an independent third party in documentary form shall accompany the summons or complaint.

If, in a case where an appeal is brought, no action has been taken under paragraph (6), the provisions of that paragraph shall apply also to the court by which the appeal is heard.

A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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).

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.

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.

References in section 45(1) and Schedule 3 of the Plant Varieties Act 1997 to the statutory jurisdiction of the Tribunal shall be construed for the purposes of an appeal brought under this regulation as if including the Tribunal’s jurisdiction under these Regulations.

Where an appeal is brought under paragraph (1), the operation of a decision described in that paragraph shall be suspended pending the final determination of the appeal, including determination of any subsequent appeals, and the Department shall take such steps as may be necessary to give effect to any decision given on the final determination of an appeal.

Forest reproductive material intended for purposes other than forestry which is in the form of planting stock or parts of plants shall be exempted from the requirements of these Regulations.

Where a supplier markets forest reproductive material both for forestry and other purposes, material exempted by virtue of paragraph (1) shall be accompanied by a label or document bearing the statement: “Not for forestry purposes”, unless it is plain from a label accompanying it, in compliance (where applicable) with any United Kingdom ... legal requirement, that the material is not intended for forestry purposes.