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Regulation 9 Schedule 13

Original text. Later amendments are not shown.

After Schedule 12, insert—

“SCHEDULE 13

PART 1

Regulation 25

Scope of Schedule

1.

This Schedule applies to consignments of forest reproductive material produced in an EU-approved third country or a permitted third country.

Interpretation

2.

In this Schedule—

  • “OECD Certificate of Provenance” means a certificate of provenance issued in accordance with the rules of the OECD Scheme;

  • “OECD label” means a label issued in accordance with the rules of the OECD Scheme;

  • “the OECD Scheme” means the OECD Scheme for the Certification of Forest Reproductive Material Moving in International Trade adopted by Decision C(2007)69 of the Council of the Organisation for Economic Co-operation and Development, as last amended by Decision C(2013)30 of that Council;

  • “permitted material” means—

    1. (a)

      in the case of forest reproductive material produced in an EU-approved third country, forest reproductive material which;

      1. (i)

        is in the form of seeds or planting stock;

      2. (ii)

        is of a species or artificial hybrid listed in Schedule 1;

      3. (iii)

        has been certified as “source-identified”, “selected” or “qualified” by the relevant official body in accordance with the rules of the OECD Scheme;

      4. (iv)

        where it is in the form of seeds, it has been certified as derived from approved basic material by the relevant official body; and

      5. (v)

        where it is in the form of planting stock, it has been produced in a nursery registered with, or under the official supervision of, the relevant official body.

PART 2

Scope of Part 2

3.

This Part applies to consignments of permitted material produced in an EU-approved third country.

General requirements

4.
(1)

A consignment of permitted material shall be accompanied by—

(a)

a copy of the OECD Certificate of Provenance issued in relation to the permitted material; or

(b)

a document completed by the supplier of the consignment containing—

(i)

the supplier’s name;

(ii)

all of the information contained in the OECD Certificate of Provenance; and

(iii)

in relation to any seed lot, the information specified in paragraph 5.

(2)

An OECD label shall be attached to each seed lot and to each consignment of planting stock.

Additional requirements applicable to seed lots

5.
(1)

The OECD label attached to a seed lot and any supplier’s document accompanying the seed lot shall contain the following additional information in relation to the seed lot, assessed, so far as is practical in all the circumstances, using internationally accepted techniques—

(a)

the percentage by weight of pure seed, other seed and inert matter;

(b)

the germination percentage of pure seed, or where the germination percentage is impossible or impractical to assess, the viability percentage assessed by reference to a method which shall be described;

(c)

the weight of 1000 pure seeds;

(d)

the number of germinable seeds per kilogram of the seed, or where the number of germinable seeds is impossible or impractical to assess, the number of viable seeds per kilogram; and

(e)

in the case of a seed lot of closely related species which does not reach a minimum species purity of 99%, the species purity.

(2)

But the OECD label and supplier’s document may omit the following information—

(a)

any information mentioned in paragraph (1)(a) to (e) which is yet to be ascertained by testing the seed using internationally accepted techniques;

(b)

in the case of a seed lot containing seed which has been harvested from the current season’s crop, any information mentioned in paragraph (1)(b) or (d) which is not yet available;

(c)

in the case of seed which is to be marketed in quantities no greater than those described for the species or artificial hybrid of the seed in Schedule 11, the information mentioned in paragraph (1)(b) or (d).

(3)

All seed shall be consigned in sealed packages which have been closed in accordance with the rules of the OECD scheme.

Additional requirements applicable to seed or planting stock of the “qualified category”

6.

In the case of forest reproductive material in the form of seed or planting stock of the “qualified category”, the OECD label attached to a seed lot or to a consignment of planting stock shall state whether genetic modification has been used in the production of the basic material from which the forest reproductive material is derived.”.