"approved basic material" means basic material which is approved in accordance with regulation 7;

"autochthonous" means, in relation to a stand or seed source, either-

(a) that it has been continuously regenerated by natural regeneration, or

(b) that it has been regenerated artificially from-


(i) reproductive material collected in the same stand or seed source, or

(ii) from other stands or seed sources within close proximity meeting the descriptions in (a) or (b)(i);

"authorised officer" means a person authorised by the Department of Agriculture and Rural Development to exercise its powers and execute its functions under these Regulations;

"basic material" means material from which reproductive material may be collected or produced and which is in the form of one of the types defined in paragraph (3);

"category" in respect of forest reproductive material means one of the categories listed in regulation 4(1);

"clonal mixture" is a type of basic material and has the meaning given it in paragraph (3);

"clone" is a type of basic material and has the meaning given it in paragraph (3);

"collecting" includes the taking of parts of plants, extraction of seed, and harvesting;

"contact details" means a person's telephone number, if he has one, and, where he may be contacted by other telephonic or electronic communication, his fax number or e-mail address;

"crossing design" means the method by which individual trees used as female parents are pollinated, whether naturally or artificially, by one or more trees used as male parents;

"Department" refers to the Department of Agriculture and Rural Development;

(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) "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.

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

(a) the Department is 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 the Department in the Northern Ireland Register by reference to a unit of approval to which it 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 Northern Ireland 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 Northern Ireland Register by the Department.

    (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 the Department, 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 Irish 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 the Department the prescribed fee, if any, which shall accompany his application;

(b) furnish the Department with such further documentation which demonstrates or pertains to the eligibility of the basic material for approval as it may request; and

(c) provide for access by the Department, should it 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 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).

    (10) Basic material approved and registered under the 1973 and 1977 Regulations in the Northern Ireland 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 Northern Ireland Register created by these Regulations; and

(c) shall be allocated a unique register reference by the Department.

    (4) 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.

    (5) 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.

    (6) 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.

    (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 Department shall remove the unit of approval from the Northern Ireland 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 Department in writing no later than 28 days after the level of production reaches that specific level of production; and

(b) the Department shall, on receipt of such information, withdraw approval, remove the unit of approval from the Northern Ireland Register, and write to the applicant confirming the action it has taken.

    (10) 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.

    (11) 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.

(a) his name, address and contact details;

(b) the place of collection;

(c) the unique register reference or references allocated to the approved basic material from which the forest reproductive material is to be collected, or, in the case of forest reproductive material of the category "source-identified", the region of provenance; and

(d) the proposed date, time and anticipated duration of the collection;

    (2) The particulars referred to in paragraph (1) are:

(a) the owner's name, address and contact details;

(b) a description of the forest reproductive material collected, namely


(i) botanical name;

(ii) nature and category; and

(iii) quantity of material, as defined in paragraph (3), for which the certificate is sought;



(c) the type of basic material from which it is derived;

(d) the unique register reference for the basic material from which it is derived; and

(e) such other information as may be necessary to enable the Department to complete the form on which the Master Certificate is to be issued in accordance with paragraph (8).

    (3) "Quantity of material" refers in paragraph (2)(b)(iii)-

(a) in the case of seeds to their weight, and where those seeds have been extracted from cones or infructescences, additionally, to the volume of cones or fruit from which the seeds were extracted; and

(b) in the case of parts of plants, to their number.

    (4) 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.

    (5) The owner of forest reproductive material which is produced by mixing forest reproductive material from approved basic material permitted under regulation 15(3) and (4) shall within two months from the date of mixing the material apply to the Department for a Master Certificate in respect of the mixture so produced-

(a) providing the particulars required under paragraph (2);

(b) stating the register references of each of the components of the mixture in the case of mixtures permitted under regulation 15(3); and

(c) stating the years of ripening and the proportion of material from each year in the case of mixtures permitted under 15(4).

    (6) Any application required under this regulation to be made by an owner of forest reproductive material may be made by a person who is not the owner of the material if that person has the written authority of the owner to do so, and if he provides at the time of making such an application-

(a) details of the owner's name and address, and

(b) a copy of the written authority.

    (7) 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.

    (8) A Master Certificate issued under this regulation shall take the form of the document set out in-

(a) Schedule 6, where the forest reproductive material to be certified is derived from seed sources or stands;

(b) Schedule 7, where the forest reproductive material to be certified is derived from seed orchards or parents of family; and

(c) Schedule 8, where the forest reproductive material to be certified is derived from clones or clonal mixtures.

(a) his name, address and contact details;

(b) the nature of his business or trade in the course of which he supplies forest reproductive material; and

(c) if different from the address provided under sub-paragraph (a), each address at which he produces, stores or markets forest reproductive material.

    (3) 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.

    (4) If the Department is satisfied that a breach of these Regulations has occurred for which the registered supplier is responsible, it may-

(a) on giving 28 days' notice in writing specifying its reasons for doing so, remove a registered supplier's name from the Register of Suppliers; or

(b) on giving 14 days' notice in writing specifying its reasons for doing so, impose conditions upon the supplier's continuing registration.

    (5) 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.

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

(a) in the case of all such material-


(i) its collection and production meet the requirements of regulations 10 to 12 and 14 to 15;

(ii) its marketing and labelling meet the requirements of paragraphs (2) to (12) and regulation 19, as read with regulation 20 in the case of seeds;

(iii) it is certified in accordance with regulation 13; and

(iv) it falls into one of the categories described in regulation 4(1), subject as the case may be to the application of regulation 7(2) and (3);



(b) in the case of forest reproductive material from Great Britain or another member State,



(i) it has met the requirements as to entry to Northern Ireland set out in regulations 23 and 24; and

(ii) after entry to Northern Ireland it meets the requirements of this regulation, and regulations 14 and 19, as read with regulation 20 in the case of seeds; and



(c) it is marketed in compliance with regulation 31.

    (2) 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".

    (3) 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.

    (4) Forest reproductive material derived from basic material in the form of a seed source may be marketed only under the category "source identified".

    (5) 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".

    (6) Forest reproductive material derived from basic material of the following types may be marketed only under the categories "qualified" and "tested"-

(a) seed orchard;

(b) parents of family;

(c) clone; and

(d) clonal mixture.

    (2) In the case of forest reproductive material marketed as a seed lot, the supplier's label or document shall, subject to paragraphs (3) and (4), in addition to the information required under paragraph (1), also contain the following information, stating in each case the date on which any assessment which is the source of the information so provided was carried out:

(a) the respective percentage by weight of pure seed, other seed and inert matter;

(b) the germination percentage of the pure seed, or, where 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 1,000 pure seeds; and

(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.

    (3) 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 sub-paragraph (2)(b) 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.

    (4) The information requirements of sub-paragraphs (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.

    (5) 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.

    (6) 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.

    (7) Where a supplier's labels or documents are printed or otherwise created using coloured labels, the colour of the supplier's label or document shall be:

(a) yellow for forest reproductive material of the category "source-identified";

(b) green for forest reproductive material of the category "selected";

(c) pink for forest reproductive material of the category "qualified"; and

(d) blue for forest reproductive material of the category "tested".

(a) the Master Certificate number;

(b) date of despatch or intended date of despatch of the forest reproductive material;

(c) address to which the forest reproductive material has been or is to be despatched;

(d) the botanical name, and (if different from that stated in the Master Certificate), the nature and quantity of the forest reproductive material; and

(e) the supplier's label or document number.

(a) retain or cause to be retained such of the following documents as he has obtained or created pursuant to these Regulations or, where in accordance with these Regulations, the original is no longer retained, a copy thereof:


(i) notification under regulation 11 of the proposed collection of forest reproductive material and any written authorization or evidence of the collector's authority to collect that forest reproductive material;

(ii) Master Certificate;

(iii) evidence of any assessment undertaken for the purpose of regulation 19(2), including the date on which the assessment was made;

(iv) supplier's label or document;

(v) licence granted under regulation 18;

(vi) communication required under regulation 22;

(vii) plant passports; and



(b) retain or cause to be retained if so required by a notice in writing served on him by the Department, such other records relating to relevant activities, or to activities undertaken as a registered supplier, in such form, as may be specified in the said notice.

    (4) All such documents and other records required to be retained by a registered supplier or other person-

(a) pursuant to paragraph (3)(a) shall be so retained for a period of 5 years from the date of the document; and

(b) pursuant to paragraph (3)(b) shall be so retained for the period of time specified in the notice served pursuant to that paragraph.

    (5) 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.

    (6) Any applicant referred to in paragraph (1) (as read with paragraph (2)), any registered supplier and any other person who undertakes relevant activities shall, on the request of an authorised officer, produce to that officer or another person nominated by that officer, and allow the officer or other person to make copies of-

(a) records and documents kept or retained by him or on his behalf pursuant to paragraphs (1) or (3); and

(b) any other books, plans, maps, photographs, records or other documents, including those held in electronic form ("electronic material"), in his possession or control which relate to his application under regulation 7(7) or to the relevant activities or his activities as a registered supplier, as appropriate.

    (5) In this regulation, "premises" shall-

(a) mean premises which the authorised officer exercising the powers granted him under this regulation reasonably believes are used for collection, production, storage, trade, transportation, importation or marketing of forest reproductive material;

(b) exclude premises used wholly or mainly for domestic purposes; and

(c) include any vehicle or vessel.

    (2) A prosecution for an offence under this regulation may begin no later than after the expiry of-

(a) three years from the commission of the offence; or

(b) one year from its discovery by the Department.

    (3) 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.

(a) prior to 1st January 2003, it complied with the 1977 Regulations, including compliance by virtue of a licence granted under those Regulations prior to 1st January 2003; and

(b) after 31st December 2002 it meets the requirements of regulations 12 to 14, 16, 18 and 19 of these Regulations.

    (3) Existing stock of the species and artificial hybrids not controlled under the 1977 Regulations may be marketed under this regulation notwithstanding that it is not produced from approved basic material and does not have a Master Certificate provided that after 31st December 2002-

(a) as to its production, it complies with regulations 14(1)(b) to (e) and (g) to (k) and (3); and

(b) at the time of marketing, it satisfies the requirements of regulations 17(8) to (12), 19(3) and (5), and is accompanied by a supplier's label or document which-


(i) sets out the information referred to in regulation 19(1)(c), (d), (f) to (h) and (2) as read with (4) and regulation 20;

(ii) sets out the identification criteria referred to in regulation 14(1)(b) to (e) and (g) to (k);

(iii) otherwise meets the labelling requirements of regulation 19(6) and (7); and

(iv) identifies the stock as existing stock by the statement: "From forest reproductive material in existence before 1st January 2003, pursuant to Council Directive 1999/105/EC, Article 28(3)."

(a) The applicant shall inform the Department of the Region of Provenance and the location and the altitude or altitudinal range of the place(s) where the reproductive material is to be collected or otherwise harvested.

(b) The applicant shall inform the Department or its authorised officer whether the basic material is:


(i) autochthonous;

(ii) indigenous;

(iii) neither (in which case the origin must be stated if known); or

(iv) the origin is unknown.

(a) The Department shall approve the type, objective, crossing design and field layout, components, isolation and location of the seed orchard.

(b) The component clones or families shall be selected for their outstanding characters and the Department shall assess them in accordance with the requirements of paragraphs 1 to 10 of Schedule 3, giving particular weight to those requirements set out in paragraphs 4 and 6 to 10.

(c) The component clones or families shall be planted according to a plan approved by the Department and shall be established in such a way that each component can be identified.

(d) In the case of a seed orchard intended for the production of an artificial hybrid, the percentage of hybrids in the reproductive material must be determined by a verification test the methodology of which shall be approved in writing by the Department.

     2. Parents of Family

(a) The Department shall be satisfied that the parents shall be selected either for their combining ability, or for their outstanding characters as assessed by it in accordance with paragraphs 1 to 10 of Schedule 3, giving particular weight to the requirements of paragraphs 4 and 6 to 10 of that Schedule.

(b) The Department shall approve the objective, crossing design and pollination system, components, isolation and location of the parents.

(c) The identity, number and proportion of the parents in a combination must be notified to the Department when the application is made under regulation 7(7) and the Department's approval of these features shall be obtained before the parents may be approved.

(d) In the case of parents intended for the production of an artificial hybrid, the percentage of hybrids in the reproductive material must be determined by a verification test the methodology of which shall be approved in writing by the Department.

     3. Clones

(a) Clones shall be identifiable by distinctive characters which must be notified to the Department in the application referred to in regulation 7(7) and must be approved by the Department if the basic material is itself to be approved.

(b) The superiority of individual clones shall be demonstrated to the satisfaction of the Department by the established use in forestry practice of the clones, or from the results of experimentation which is in the Department's view of sufficient duration to be a reliable indication of the individual clone's characters.

(c) The Department shall be satisfied that ortets used for the production of clones shall be selected for their outstanding characters as judged by the Department in accordance with such of the requirements of paragraphs 1 to 10 of Schedule 3 as apply to ortets, with particular weight being given to the requirements of paragraphs 4 and 6 to 10 of that Schedule.

     4. Clonal Mixtures

(a) Clonal mixtures shall meet the requirements of points 3(a), 3(b) and 3(c) above.

(b) The identity, number and proportion of the component clones in a clonal mixture, and information as to the selection method and foundation stock must be notified to the Department when the application is made under regulation 7(7) and the Department shall be satisfied as to the suitability of these features.

(c) The Department shall be satisfied that any clonal mixture for which approval is given is genetically diverse.

in accordance with the EC Directive
reproductive material under transitional arrangements

(a) Botanical name:    

(b) Name of basic material (as mentioned in the catalogue):    

     2. Nature of reproductive material:

Seed unit
Part of plants
Planting stock

3. Category of reproductive material		4. Type of basic material:
Qualified		Seed orchard
Tested		Parent of family(ies)

     5. Purpose:

7. (If appropriate)	Autochthonous		Not autochthonous		Unknown
	Indigenous		Not indigenous

10. Seed derived from:	open pollination
	supplemental pollination
	controlled pollination

in accordance with the EC Directive
reproductive material under transitional arrangements

(a) Botanical name:

---



(b) Name of basic material (as mentioned in the catalogue):

---

.

     2. Nature of reproductive material:

Part of plants
Planting stock

3. Category of reproductive material		4. Type of basic material:
Qualified		Clones
Tested		Clonal mixture

     5. Purpose:

7. (If appropriate)	Autochthonous		Not autochthonous		Unknown
	Indigenous		Not indigenous

(a) Method of propagation:

---



(b) Number of cycles of propagation:

---

     12. Quantity of reproductive material:

(a) Stem cuttings shall not be considered to be of fair marketable quality if any of the following defects exist:


(i) their wood is more than two years old;

(ii) they have less than two well formed buds;

(iii) they are affected by necroses or show damage by harmful organisms;

(iv) they show signs of desiccation, overheating, mould or decay.



(b) Minimum dimensions for stem cuttings-



- minimum length: 20 cm,

- minimum top diameter:


     Class EC 1: 8 mm

     Class EC 2: 10 mm.

     2. Sets

(a) Sets shall not be considered to be of fair marketable quality if any of the following defects exist:


(i) their wood is more than three years old;

(ii) they have less than five well formed buds;

(iii) they are affected by necroses or show damage by harmful organisms;

(iv) they show signs of desiccation, overheating, mould or decay;

(v) they have injuries other than pruning cuts;

(vi) they have multiple stems;

(vii) they have excessive stem curvature.



(b) Size classes for sets



Class	Minimum diameter (mm) at mid-length	Minimum height (m)
Non-Mediterranean regions
N1	6	1.5
N2	15	3.00
Mediterranean regions
S1	25	3.00
S2	30	4.00

(a) injuries other than pruning cuts or injuries due to damage when lifting;

(b) lack of buds with the potential to form a leading shoot;

(c) multiple stems;

(d) deformed root system;

(e) signs of desiccation, overheating, mould, decay or other harmful organisms;

(f) the plants are not well balanced.

     2. Size of the plants:

Species	Maximum age (years)	Minimum height (cm)	Maximum height (cm)	Minimum root collar diameter (mm)
Pinus halepensis	1	8	25	2
	2	12	40	3
Pinus leucodermis	1	8	25	2
	2	10	35	3
Pinus nigra	1	8	15	2
	2	10	20	3
Pinus pinaster	1	7	30	2
	2	15	45	3
Pinus pinea	1	10	30	3
	2	15	40	4
Quercus ilex	1	8	30	2
	2	15	50	3
Quercus suber	1	13	60	3

     3. Size of the container, where used

Species	Minimum volume of the container (cm3)
Pinus pinaster	120
Other species	200