{
  "url": "https://openlegislation.uk/eu-regulation-2006-865/article-56",
  "json_url": "https://openlegislation.uk/eu-regulation-2006-865/article-56.json",
  "legislation": "eur/2006/865",
  "legislation_title": "Commission regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2006-865",
  "path": "article/56",
  "kind": "article",
  "number": "56",
  "heading": "Artificially propagated specimens of plant species",
  "text": "1. A specimen of a plant species shall be considered to be artificially propagated only if the management authority, in consultation with the competent scientific authority ..., is satisfied that the following criteria are met:\n(a) the specimen is, or is derived from, plants grown from seeds, cuttings, divisions, callus tissues or other plant tissues, spores or other propagules under controlled conditions;\n(b) the cultivated parental stock is established and maintained in accordance with the definition set out in Article 1(4a);\n((c)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(d) in the case of grafted plants, both the root stock and the graft have been artificially propagated in accordance with points (a) and (b).\nFor the purposes of point (a), controlled conditions refers to a non-natural environment that is intensively manipulated by human intervention, which may include but is not limited to tillage, fertilisation, weed control, irrigation, or nursery operations such as potting, bedding and protecting from weather. For agarwood producing taxa, which are grown from seeds, cuttings, grafting, marcoting-air-layering, divisions, callus tissues or other plant tissues, spores or other propagules ‘under controlled conditions’ refers to a tree plantation, including other non-natural environment that is manipulated by human intervention for the purpose of producing plants or plant's parts and derivatives.\n2. Timber and other parts or derivatives of trees taken from trees grown in monospecific plantations shall be considered to be artificially propagated in accordance with paragraph 1.\n3. Trees of agarwood producing taxa grown in cultivation such as:\n(a)) gardens (home and/or community garden);\n(b)) state, private or community production plantation, either monospecific or mixed species,\nshall be considered to be artificially propagated in accordance with paragraph 1.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Art. 56(1) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(56)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Art. 56(1) substituted (31.12.2020) by The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(56)(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Art. 56(1) omitted (31.12.2020) by virtue of The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 8(56)(c)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Substituted by Commission Regulation (EU) No 791/2012 of 23 August 2012 amending, as regards certain provisions relating to the trade in species of wild fauna and flora, Regulation (EC) No 865/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 338/97."
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Deleted by Commission Regulation (EU) No 791/2012 of 23 August 2012 amending, as regards certain provisions relating to the trade in species of wild fauna and flora, Regulation (EC) No 865/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 338/97."
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Substituted by Commission Regulation (EU) 2015/870 of 5 June 2015 amending, as regards the trade in species of wild fauna and flora, Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97."
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Inserted by Commission Regulation (EU) 2015/870 of 5 June 2015 amending, as regards the trade in species of wild fauna and flora, Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2006/865/article/56",
    "retrieved_at": "2026-11-01T14:53:41.823546+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}