Proposal for a COUNCIL DIRECTIVE on the marketing of forest reproductive material

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. Council Directive 66/404/EEC on the marketing of forest reproductive material (1) and Council Directive 71/161/EEC on external quality standards for forest reproductive material marketed within the Community (2) set out the requirements relating to genetic characters and external quality to be met by forest reproductive material before it may be marketed in the Community.

(1) OJ 125, 11.7.1966, p. 2326/66.

(2) OJ L 87, 17.4.1971, p. 14.

2. The legislation has not been substantially amended since 1975. The present proposal therefore aims to update the legislation to take account of accessions of new Member States since 1975, the internal market and scientific advances, including the availability of new material. Furthermore, the proposal adapts the legislation to take account of the particular situation prevailing in Sweden and Finland, both of which countries were granted transitional periods of five years in the Accession Treaty (Annex XV, p. 333), during which they do not have to apply the legislation.

3. The current OECD Scheme covering forestry reproductive material moving in international trade dates from 1974. It has been the subject of considerable revision in the last few years and a new updated scheme will be adopted by the OECD Council in the near future. The new OECD Scheme, whilst basically compatible with the existing EC legislation, includes two additional categories of reproductive material which may be marketed, namely "source-identified" and "qualified". As all Member States, with the exception of Greece and Luxembourg, participate in the OECD Scheme, the proposal has been drafted to ensure as much compatibility as possible with that Scheme, including adding these two new categories to the existing categories permitted within the Community, namely "Selected" and "Tested".

4. The proposal provides, in so far as forest reproductive material consists of genetically modified organisms, for an environmental risk assessment. Measures have been envisaged in order to establish, through a future Council regulation, procedures ensuring that this environmental risk assessment and other relevant elements should be equivalent to those laid down in Directive 90/220/EEC. When preparing its forthcoming proposal for a Council Regulation the Commission will take full account of any changes to Directive 90/220/EEC, such as compulsory consultation of the relevant Scientific Committee(s), monitoring and time-limited authorisations. In any event, the Commission will ensure that appropriate expert opinions on safety in all areas of use of the product are taken into account.

5. In the interest of clarity, the proposal takes the form of a recasting of Directives 66/404/EEC and 71/161/EEC into a single text rather than numerous modifications to both Directives. However, the Commission is of the opinion that discussions on the document should be restricted to the new parts of the text and that the debate on remaining parts of Directives 66/404/EEC and 71/161/EEC should not be re-opened. To this end the Commission has underlined the new parts in the text.

6. There are no subsidiarity implications, given that the proposal is based on Article 37 of the Treaty establishing the European Community and thus falls within the exclusive competence of the Community. Furthermore, the two Directives which are being recast are harmonising measures.

7. There are no financial implications for the EC budget.

Proposal for a COUNCIL DIRECTIVE on the marketing of forest reproductive material

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission (3),

(3) OJ C

Having regard to the Opinion of the European Parliament (4),

(4) OJ

Having regard to the Opinion of the Economic and Social Committee (5),

(5) OJ

(1) Whereas Council Directive 66/404/EEC of 14 June 1966 on the marketing of forest reproductive material (6) and Council Directive 71/161/EEC of 30 March 1971 on external quality standards for forest reproductive material marketed within the Community (7) have been substantially amended several times; whereas since further substantial amendments are to be made, the Directives should be combined and recast in the interests of clarity;

(6) OJ 125, 11.7.1966, p. 2326/66; Directive as last amended by the Act of Accession of Austria, Finland and Sweden.

(7) OJ L 87, 17.4.1971, p. 14; Directive as last amended by the Act of Accession of Austria, Finland and Sweden.

(2) Whereas forests cover a large area of the Community; whereas both the restocking of these forests and new afforestation require increasing quantities of forest reproductive material;

(3) Whereas the production of forest reproductive material of tree species and artificial hybrids which are important for forestry purposes should be increased;

(4) Whereas research on forest tree selection has shown that, if forest production is to be increased substantially and the conditions necessary for land productivity thus improved, it is necessary to use reproductive material which is phenotypically or genetically superior and which meets certain external quality standards;

(5) Whereas, moreover, various Member States have for some years been applying rules based on these considerations; whereas the discrepancies between those rules constitute an obstacle to trade between Member States; whereas it is in the interests of all the Member States that Community rules imposing the highest possible standards should be established;

(6) Whereas such rules should apply to marketing both in other Member States and on domestic markets;

(7) Whereas Community rules should refer to the phenotypic and genetic characteristics and the external features of reproductive material;

(8) Whereas such rules should take account of practical needs and should apply only to those species and artificial hybrids which are important for forestry purposes in all or part of the Community;

(9) Whereas reproductive material which is not placed on the market should not, in view of its minor economic importance, be subject to Community rules; whereas the Member States must retain the right to make such reproductive material subject to special measures;

(10) Whereas reproductive material intended for export or re-export to third countries should not be covered by the measures set out in this Directive;

(11) Whereas, as regards Community reproductive material, approval of basic material and, consequently, delimitations of regions of provenance are fundamental to selection; whereas the Member States should apply uniform rules imposing the highest possible standards for the approval of basic material; whereas only reproductive material derived from such material should be placed on the market;

(12) Whereas genetically modified forest reproductive material should not be placed on the market unless it is safe for human health and the environment;

(13) Whereas an environmental risk assessment should be carried out on forest reproductive material consisting of genetically modified organisms; whereas the Commission should then submit to the Council a proposal for a regulation ensuring that the procedures for such environmental risk assessment and other relevant elements, including the authorisation procedure, are equivalent to those laid down in Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms (8); whereas, until such a regulation enters into force, the provisions of Directive 90/220/EEC should apply;

(8) OJ L 117, 8.5.1990, p. 15; Directive as last amended by Commission Directive 97/35/EC (OJ L 169, 27.6.1997, p. 72).

(14) Whereas reproductive material satisfying the requirements of this Directive should be subject to no marketing restrictions other than those provided for in this Directive;

(15) Whereas Member States should, however, be authorised to provide that only such parts of plants and planting stock as conform to the standards laid down should be placed on the market in their territories;

(16) Whereas Member States should be permitted to impose additional or more stringent requirements for the approval of basic material produced in their own territory;

(17) Whereas the Member States should establish lists of regions of provenance specifying, where known, the origin of basic material; whereas Member States should draw up maps showing the delimitations of the regions of provenance;

(18) Whereas Member States should draw up national registers of the basic material approved on their territory; whereas a summary of the national register in the form of a national list should also be drawn up by each Member State;

(19) Whereas, on the basis of such a national list, the Commission should ensure a Community publication;

(20) Whereas, after harvesting, a master certificate should be issued by the official bodies for all reproductive material derived from approved basic material;

(21) Whereas it is necessary to ensure that, in addition to possessing the required phenotypic or genetic quality, reproductive material which is intended for marketing or which is placed on the market is properly identified throughout the production process;

(22) Whereas, moreover, separate Community quality standards for stem cuttings and sets of poplar should be introduced;

(23) Whereas seed should be marketed only if it conforms to certain quality standards and is contained in sealed packages;

(24) Whereas, in order to ensure that requirements as to the phenotypic or genetic quality, proper identification and external quality standards are satisfied at the time of marketing, the Member States must make provision for appropriate control arrangements;

(25) Whereas reproductive material satisfying those requirements must be subject only to such marketing restrictions as are provided for in Community rules; whereas Member States should in certain circumstances be allowed to prohibit reproductive material which is unsuitable for use in their territory;

(26) Whereas, during periods in which there are temporary difficulties in obtaining supplies of certain species of reproductive material complying with the principles of this Directive, reproductive material satisfying less stringent requirements from a third country, should, subject to certain conditions, be temporarily approved;

(27) Whereas reproductive material coming from third countries should not be marketed within the Community unless it affords, as regards the approval of its basic material and the measures taken for its production, the same assurances as Community reproductive material;

(28) Whereas, under certain conditions, a Member State should be released wholly or partially from the provisions of this Directive in respect of certain tree species;

(29) Whereas it is desirable to organise temporary experiments for the purpose of seeking improved alternatives to certain provisions set out in this Directive;

(30) Whereas Community control measures should be introduced to ensure uniform application in all Member States of the requirements and conditions laid down in this Directive;

(31) Whereas basically technical adjustments to the Annexes should be facilitated by an expeditious procedure;

(32) Whereas the Commission should be entrusted with the task of adopting certain measures for the application of this Directive; whereas, in order to facilitate implementation of the proposed measure, a procedure should be provided for establishing close cooperation between the Member States and the Commission within the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry set up by Council Decision 66/399/EEC (9),

(9) OJ 125, 11.7.1966, p. 2289/66.

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive shall apply to the production with a view to marketing and to the marketing of forest reproductive material within the Community.

Article 2

For the purposes of this Directive the following definitions and/or classifications shall apply:

(a) Reproductive material means any of the following:

(i) Seed unit:

cones, infructescenses, fruits and seeds intended for the production of planting stock;

(ii) parts of plants:

stem cuttings, leaf cuttings and root cuttings, explants or embryos for micropropagation, buds, layers, roots, scions, sets and any parts of a plant intended for the production of planting stock;

(iii) planting stock:

plants raised from seed units, from parts of plants or plants from natural regeneration.

(b) Forest reproductive material:

reproductive material of those tree species and artificial hybrids thereof which are important for forestry purposes in all or part of the Community and in particular those which are listed in Annex I.

(c) Basic material means any of the following:

(i) Seed Source:

Trees within an area from which seed is collected;

(ii) Stand:

A delineated population of trees possessing sufficient uniformity in composition;

(iii) Seed Orchard:

A plantation of selected clones or families which is isolated or managed so as to avoid or reduce pollination from outside sources, and managed to produce frequent, abundant and easily harvested crops of seed;

(iv) Parents of Family:

Trees used to obtain progeny by controlled or open pollination of one identified parent used as a female, with the pollen of one parent (full-sibling) or a number of identified or unidentified parents (half-sibling);

(v) Clone:

Group of individuals (ramets) derived originally from a single individual (ortet) by vegetative propagation, for example by cuttings, micropropagation, grafts, layers or divisions;

(vi) Clonal Mixture:

A mixture of identified clones in defined proportions.

(d) Autochthonous and indigenous means either of the following:

(i) Autochthonous stand or seed source:

An autochthonous stand or seed source is one which has been continuously regenerated by natural regeneration. The stand or seed source may be regenerated artificially from reproductive material collected in the same stand or seed source or autochthonous stands or seed sources within the close proximity;

(ii) Indigenous stand or seed source:

An indigenous stand or seed source is an autochthonous stand or seed source or is a stand or seed source raised artificially from seed, the origin of which is situated in the same region of provenance.

(e) Origin:

For an autochthonous stand or seed source, the origin is the place in which the trees are growing. For a non-autochthonous stand or seed source, the origin is the place from which the seed or plants were originally introduced. The origin of a stand or seed source may be unknown.

(f) Provenance:

The place in which any stand of trees is growing.

(g) Region of Provenance:

For a species or sub-species, the region of provenance is the area or group of areas subject to sufficiently uniform ecological conditions in which stands or seed sources showing similar phenotypic or genetic characters are found, taking into account altitudinal bounderies.

(h) Production:

Production includes all stages in the generation of the seed unit, the conversion from seed unit to seed and the raising of planting stock from seed and parts of plants.

(i) Marketing:

Display with a view to sale, offering for sale, sale or delivery to another person including delivery under a service contract.

(j) Official bodies means either of the following:

(i) any State authority in a Member State established,

- at national level, or

- at regional level, under the supervision of national authorities, within the limits set by the constitution of the Member State concerned, or

(ii) any legal person, whether governed by public or by private law, acting under the responsibility of a State,

provided that such authorities or persons derive no financial gain from any measures they take, under this Directive.

(k) Reproductive material is divided into the following categories:

(i) "Source-identified"

Reproductive material derived from basic material which may be either a seed source or stand located within a single region of provenance and which meets the requirements set out in Annex II;

(ii) "Selected"

Reproductive material derived from basic material which shall be a stand located within a single region of provenance, which has been phenotypically selected at the population level and which meets the requirements set out in Annex III;

(iii) "Qualified"

Reproductive material derived from basic material which shall be seed orchards, parents of families, clones or clonal mixtures, the components of which have been phenotypically selected at the individual level, and which meets the requirements set out in Annex IV. Testing need not necessarily have been undertaken or completed;

(iv) "Tested"

Reproductive material derived from basic material which shall consist of stands, seed orchards, parents of families, clones or clonal mixtures. The superiority of the reproductive material must have been demonstrated by comparative testing or an estimate of the superiority of the reproductive material calculated from the genetic evaluation of the components of the basic material. The material shall meet the requirements set out in Annex V.

Article 3

1. The list of species and artificial hybrids in Annex I may be amended in accordance with the procedure laid down in Article 24.

2. In so far as certain species and artificial hybrids are not subject to the measures contained in this Directive, Member States may take such measures, or less stringent measures, in respect of their own territory.

3. The measures contained in this Directive shall not apply to forest reproductive material in the form of planting stock or parts of plants, which is shown to be intended for purposes other than forestry.

In such cases, the material shall be accompanied by a label or other document required by other Community or national provisions which are applicable to such material for the intended purpose. In the absence of any such provisions, the material shall be accompanied by a label bearing the following statement: "Not for forestry purposes".

Such label shall be issued by the official body or made by the supplier under its authority.

4. The measures contained in this Directive shall not apply to forest reproductive material which is shown to be intended for export or re-export to third countries.

Article 4

1. Member States shall provide that only approved basic material is used for the production of forest reproductive material which is to be marketed.

2. Basic material may only be approved by:

(a) the official bodies if it meets the requirements set out in Annexes II, III, IV or V hereto, as appropriate;

(b) reference to a unit known as "the unit of approval". Each unit of approval shall be identified by a unique register reference.

3. After approval, the basic material for the production of reproductive material under the selected, qualified and tested categories shall be re-inspected at regular intervals. Approval shall be withdrawn if the requirements of this Directive are no longer met.

4. Member States may approve, for a maximum period of 10 years, in all or part of their territory, basic material for the production of tested reproductive material where, from the provisional results of the genetic evaluation or comparative tests referred to in Annex V, it can be assumed that the basic material will, when tests have been completed, satisfy the requirements for approval under this Directive.

Article 5

1. If the basic material referred to in Article 4(1) consists of a genetically modified organism within the meaning of points 1 and 2 of Article 2 of Directive 90/220/EEC, such material shall only be accepted if it is safe for human health and the environment.

2. In the case of genetically modified basic material referred to in paragraph 1:

(a) an environmental risk assessment equivalent to that laid down in Directive 90/220/EEC shall be carried out;

(b) the procedures ensuring that the environmental risk assessment and other relevant elements are equivalent to those laid down in Directive 90/220/EEC shall be introduced on a proposal from the Commission, in a Council Regulation based on the appropriate legal basis in the Treaty. Until such Regulation enters into force, genetically modified basic material shall only be accepted for inclusion in the National Register under Article 10 of this Directive after having been authorised in accordance with Directive 90/220/EEC;

(c) Articles 11 to 18 of Directive 90/220/EEC shall no longer apply to genetically modified basic material authorised in conformity with the Regulation referred to in subparagraph (b) above;

(d) the technical and scientific details of the implementation of the environmental risk assessment shall be adopted in accordance with the procedure laid down in Article 24.

Article 6

1. Member States shall provide for forest reproductive material derived from approved basic material in the manner set out in points (a) to (d):

(a) Material of the species listed in Annex I shall not be marketed unless it is of the categories "source identified", "selected", "qualified" or "tested" and meets the requirements of Annexes II, III, IV and V respectively,

(b) Material of the artificial hybrids listed in Annex I shall not be marketed unless it is of the "selected", "qualified" or "tested" categories and meets the requirements of Annexes III, IV and V respectively,

(c) Material of the species and artificial hybrids listed in Annex I which are vegetatively reproduced shall not be marketed unless it is of the "selected", "qualified" or "tested" categories and meets the requirements of Annexes III, IV and V respectively. In the case of reproductive material of the "selected" category, it may only be marketed if it has been mass propagated from seeds,

(d) Material of the species and artificial hybrids listed in Annex I, which consists wholly or partly of genetically modified organisms, shall not be marketed unless it is of the "tested" category.

2. The categories under which reproductive material from the different types of basic material may be marketed are as set out in the table in Annex VI.

3. Fruit and seed lots of the species listed in Annex I shall not be marketed unless they meet the requirements set out in Annex VII, Part A;

Parts of plants of the species and artificial hybrids listed in Annex I, shall not be marketed unless they meet the requirements set out in Annex VII, Part B. In the case of Populus spp. the additional requirements set out in Annex VII, Part C shall be met.

Planting stock shall not be marketed unless it meets the requirements in Annex VII, Part D;

Parts of plants and planting stock may not be marketed unless they meet the requirements of prevailing international standards, once those standards are approved by the Committee referred to in Article 24.

4. Notwithstanding the provisions of paragraph 1, Member States may authorise producers on their own territory to place on the market small quantities of

(a) reproductive material for tests, scientific purposes, selection work or gene conservation purposes; and

(b) seed which is clearly shown not to be intended for forestry purposes.

5. The conditions under which Member States may grant the authorisations referred to in paragraph 4 may be determined in accordance with the procedure laid down in Article 24.

6. Without prejudice to paragraph 1 and in the case of reproductive material derived from basic material which does not meet all the requirements of the appropriate category mentioned in paragraph 1, Member States may authorise the marketing of such material subject to conditions to be drawn up in accordance with the procedure laid down in Article 24.

Article 7

Member States may, as regards the conditions laid down in Annexes II to V and VII, impose additional or more stringent requirements for the approval of basic material and production of reproductive material in their own territory.

Article 8

Member States may restrict the approval, in their territories, of basic material intended for the production of reproductive material to that of categories other than "source identified".

Article 9

1. In the case of basic material intended for the production of reproductive material of the source-identified and selected categories, the Member States shall, for the relevant species, delimit the regions of provenance.

2. Member States shall draw up and publish maps showing the delimitations of the regions of provenance. The maps shall be sent to the Commission and other Member States.

Article 10

1. Each Member State shall draw up a national register of the basic material of the various species approved on its territory. Full details of each unit of approval shall be recorded, together with its unique register reference, in the national register.

2. A summary of the national register in the form of a national list shall be drawn up by each Member State and shall be available on request to the Commission and the other Member States. The national list shall be presented in a common form giving the following details for each unit of approval:

(a) botanical name;

(b) category;

(c) specific purpose (if other than general forestry);

(d) type of basic material;

(e) register reference or, where appropriate, summary thereof, or identity code for region of provenance;

(f) location: a short name, if appropriate, and any one of the following sets of particulars:

(i) for the "source-identified category, region of provenance and the latitudinal and longitudinal range,

(ii) for the "selected" category, region of provenance and the geographical position defined by latitude and longitude or the latitudinal and longitunal range,

(iii) for the "qualified" category, the exact geographical position(s) where the basic material is maintained,

(iv) for the "tested" category, the exact geographical position(s) where the basic material is maintained;

(g) altitude or altitudinal range;

(h) area: the size of a seed source(s), stand(s) or seed orchard(s);

(i) origin: it shall be stated whether the basic material is autochthonous/indigenous, non-autochthonous/non-indigenous or if the origin is unknown. For non-autochthonous/non-indigenous basic material, the origin shall be stated if known;

(j) in the case of material of the tested category, whether it is genetically modified.

3. The form in which such national lists shall be drawn up may be determined in accordance with the procedure laid down in Article 24.

Article 11

1. On the basis of a summary of the national list provided by each Member State, the Commission may publish a list entitled "Community List of Approved Basic Material for the Production of Forest Reproductive Material".

2. The Community list shall reflect the details given in the national lists referred to in Article 10(2) and show the area of utilisation and any authorisations granted under Article 17(2) and Article 8.

3. The form in which the Member States shall submit such summary details of their national lists may be determined in accordance with the procedure laid down in Article 24.

Article 12

1. After harvesting, a master certificate showing the unique register reference shall be issued by the official bodies for all reproductive material derived from approved basic material, giving the relevant information set out in Annex VIII.

2. Where a Member State provides for subsequent vegetative propagation in accordance with Article 13(2), a new master certificate shall be issued.

3. Where mixing takes place in accordance with points (a), (b), (c) or (e) of Article 13(3), Member States shall ensure that the register references of the components of the mixtures are identifiable, and a new master certificate or other document identifying the mixture shall be issued.

Article 13

1. Reproductive material shall, during all stages of production, be kept separated by reference to individual units of approval. Each lot of reproductive material shall be identified by the following:

(a) botanical name;

(b) category;

(c) specific purpose (if other than general forestry);

(d) type of basic material;

(e) register reference or identity code for region of provenance;

(f) region of provenance - for reproductive material of the source identified and selected categories or other reproductive material if appropriate;

(g) whether the origin of the material is autochthonous or indigenous, non-autochthonous or non-indigenous, or unknown;

(h) in the case of seed units, the year of ripening;

(i) age and type of planting stock of seedlings or cuttings, whether undercuts or transplants;

(j) whether it is genetically modified.

2. Without prejudice to the provisions of paragraph 1 and of Article 6(1), point (c), Member States may provide for subsequent vegetative propagation of a single unit of approval in the selected, qualified and tested categories. In such cases the material shall be kept separate and identified as such.

3. Without prejudice to the provisions of paragraph 1, Member States may provide

(a) within a single region of provenance, for mixing of reproductive material derived from two or more units of approval within the source-identified category or within the selected category;

(b) when mixing of reproductive material within a single region of provenance, from seed sources and stands in the source-identified category takes place, the new combined lot will be certified as "reproductive material derived from a seed source";

(c) when mixing of reproductive material derived from non-autochthonous or non-indigenous basic material with that from basic material of unknown origin takes place, the new combined lot will be certified as being "of unknown origin";

(d) when mixing takes place in accordance with sub-paragraphs (a), (b) or (c) above, the identity code for the region of provenance may be substituted for the register reference as in paragraph 1(e);

(e) for mixing of reproductive material derived from a single unit of approval from different years of ripening;

(f) when mixing takes place in accordance with subparagraph (e) above, the actual years of ripening and proportion of material from each year shall be recorded.

Article 14

1. Reproductive material may be marketed only in lots which comply with Article 13 and are accompanied by a label or other document from the supplier ("the supplier's label or document") giving, in addition to the information required under Article 13, the following information:

(a) master certificate number(s) issued under Article 12 or reference to the other document available according to Article 12(3);

(b) name of supplier;

(c) quantity supplied;

(d) in the case of reproductive material of the tested category whose basic material was approved under Article 4(4), the words "provisionally approved";

(e) whether the material has been vegetatively propagated.

2. In the case of seeds, the supplier's label or document referred to in paragraph 1 shall also include the following additional information, assessed, as far as possible, by internationally accepted techniques:

(a) purity: the percentage by weight of pure seed, other seed and inert matter of the product marketed as a seed lot;

(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 specified method;

(c) the weight of 1000 pure seeds;

(d) the moisture content;

(e) the number of germinable seeds per kilogram of product marketed as seed, or, where the number of germinable seeds is impossible or impractical to assess, the number of viable seeds per kilogram.

3. In the case of Populus spp., parts of plants shall only be marketed if the EC classification number according to point 2(b) of Annex VII, Part C is given on the supplier's label or document.

4. If a coloured label or document is used in respect of any category of reproductive material, the colour of the supplier's label or document shall be yellow in the case of source identified reproductive material, green in the case of selected reproductive material, pink in the case of qualified reproductive material and blue in the case of tested reproductive material.

5. In the case of forest reproductive material derived from basic material which consists of a genetically modified organism, any label or document, official or otherwise, which is affixed to or accompanies the lot, under the provisions of this Directive, shall clearly indicate that the reproductive material consists of genetically modified organisms.

Article 15

Seed units shall be marketed only in sealed packages. The sealing device shall be such as will become unserviceable when the package is opened.

Article 16

1. The Member States shall, by an official control system set up or approved by them, ensure that reproductive material from individual units of approval remains clearly identifiable through the entire process from collection to delivery to the end user. The Member States shall take all measures to ensure compliance with the provisions of this Directive at least by official control in the form of check sampling.

2. Member States shall ensure that the respective official bodies assist each other administratively in order to obtain appropriate information necessary to ensure the proper functioning of this Directive, particularly where reproductive material moves from one Member State to another.

Article 17

1. Member States shall ensure that reproductive material of all categories which is placed on the market in accordance with the provisions of this Directive shall not be subject to any marketing restrictions as regards its characteristics, examination and inspection requirements, labelling and sealing other than those laid down in this Directive.

2. Upon its application, a Member State may be authorised, pursuant to the procedure provided for in Article 24, to prohibit the use in all or part of its territory of reproductive material.

Such authorisation shall be granted only where there is reason to believe on the basis of evidence relating to the region of provenance of the material or results of official trials carried out in appropriate locations, either with or outside the Community that the use of the said reproductive material would, on account of its phenotypic or genetic characteristics, have an adverse effect on forestry or on the genetic resources in all or part of that Member State.

3. Detailed rules for the application of paragraph 2 above may be drawn up in accordance with the procedure laid down in Article 24.

4. Without prejudice to paragraph 1, Member States which have implemented Article 8 in respect of the forest reproductive material of the category source identified may prohibit the use of such material.

Article 18

1. In order to remove any temporary difficulties in the general supply to the end user of reproductive material satisfying the requirements of this Directive that occur in one or more Member States and cannot be overcome within the Community, the Commission shall, at the request of at least one Member State affected and in accordance with the procedure laid down in Article 24, authorise one or more Member States to approve for marketing, for a period to be set by the Commission, reproductive material of one or more species which satisfies less stringent requirements.

Where such action is taken, the suppliers' labels or documents required under Article 14(1) shall state that the material in question satisfies less stringent requirements.

2. Detailed rules for the application of paragraph 1 above may be drawn up in accordance with the procedure laid down in Article 24.

Article 19

1. The Council, acting by a qualified majority on a proposal from the Commission, shall determine whether reproductive material produced in a third country affords the same assurances as regards the approval of its basic material and the measures taken for its production as does reproductive material produced within the Community and complying with the provisions of this Directive.

2. In addition to the matters referred to in paragraph 1, the Council shall determine the species, type of basic material and categories of reproductive material, together with its region of provenance, which may be permitted to be marketed under paragraph 1 within the Community.

3. Pending the determination referred to in paragraph 1, forestry reproductive material may not be imported from third countries unless the importing supplier ensures prior to import that the material to be imported affords equivalent guarantees in all respects to forestry reproductive material produced in the Community in accordance with this Directive.

4. The importer shall notify the responsible official bodies of material imported under paragraph 3 and shall keep documentary evidence of his contract with the supplier in the third country.

Article 20

Upon application by a Member State, the Commission, acting in accordance with the procedure laid down in Article 24, may release a Member State wholly or partially from the provisions of this Directive in respect of certain tree species which are not important for forestry purposes in that Member State, save where this would run counter to the provisions of Article 17(1).

Article 21

For the purpose of seeking improved alternatives to certain provisions set out in this Directive, it may be decided to organise temporary experiments under specified conditions at Community level in accordance with the provisions laid down in Article 24.

The duration of an experiment shall not exceed seven years.

In the context of such experiments, Member States may be released from certain obligations laid down in this Directive. The extent of that release shall be defined with reference to the provisions to which it applies.

Article 22

1. Member States shall make suitable arrangements for forest reproductive material to be officially controlled during marketing, at least by check sampling, as to its compliance with the requirements of this Directive.

2. Experts from the Commission may, in co-operation with the official bodies of the Member States, make on-the-spot checks so far as this is necessary to ensure uniform application of this Directive. They may in particular verify whether forest reproductive material is complying with the requirements of this Directive. A Member State in whose territory a check is being carried out shall give all necessary assistance to the experts in carrying out their duties. The Commission shall inform the Member States of the results of the investigation.

Article 23

Any amendments to be made to the Annexes in the light of the development of scientific or technical knowledge shall be adopted according to the procedure laid down in Article 24.

Article 24

1. The Commission shall be assisted by the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry (hereinafter called the 'Committee') set up by Decision 66/399/EEC.

The representative of the Commission shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its opinion on the draft within a time-limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.

The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the Opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission may defer application of the measures which it has decided for a period of not more than one month from the date of such communication.

The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the third subparagraph.

2. The Committee, on request by the Chairman or of one of the Member States, may examine any questions relevant to the subject matter of this Directive.

Article 25

1. For a transitional period not exceeding 10 years from 1 January 2000, Member States may use, for the purpose of approving basic material for the production of tested reproductive material - not previously covered by Directive 66/404/EEC - the results of comparative tests which do not satisfy the requirements laid down in Annex V.

Such tests shall have commenced before 1 January 2000, and must have shown that the reproductive material derived from the basic material is superior.

2. For a transitional period not exceeding 10 years from 1 January 2000, Member States may use, for the purpose of approving basic material for the production of tested reproductive material of all species and artificial hybrids covered by this Directive, the results of genetic evaluation tests which do not satisfy the requirements laid down in Annex V.

Such tests shall have commenced before 1 January 2000, and must have shown that the reproductive material derived from the basic material is superior.

3. In the case of new species and artificial hybrids which may be added to Annex I at a later date, the transitional period referred to in paragraphs 1 and 2 shall be fixed accordance with the procedure laid down in Article 24.

4. Member States may, in accordance with the procedure laid down in Article 24, be authorised to use the results of comparative tests and genetic evaluation tests after expiry of the transitional period.

Article 26

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive with effect from 1 January 2000. They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of domestic law they adopt in the field covered by this Directive.

Article 27

Directive 66/404/EEC and Directive 71/161/EEC are hereby repealed with effect from 1 January 2000.

References to the repealed directives shall be construed as references to this Directive and shall be correlated in accordance with the table set out in Annex IX.

Article 28

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

Article 29

This Directive is addressed to the Member States.

Done at Brussels,

For the Council

The President

ANNEX I

The Directive covers reproductive material of the following species and artificial hybrids:

Abies alba Mill. (A. pectinata D.C.)

Abies cephalonica Loud.

Abies grandis Lindl.

Abies pinsapo Boiss.

Acer pseudoplatanus L.

Alnus glutinosa Gaertn.

Alnus incana Moench.

Betula pendula Roth (B. verrucosa Ehrh.)

Betula pubescens Ehrh.

Castanea sativa Mill.

Cedrus atlantica Carr.

Cedrus libani A. Richard

Eucalyptus globulus Labill.

Fagus sylvatica L.

Fraxinus angustifolia Vahl.

Fraxinus excelsior L.

Larix decidua Mill.

Larix x eurolepis Henry

Larix kaempferi Carr. (Larix leptolepis Sieb. et Zucc.)

Larix sibirica Ledeb.

Picea abies Karst. (Picea excelsa Link.)

Picea sitchensis Carr.

Pinus brutia (P. halepensis var. brutia Henry)

Pinus canariensis C. Smith

Pinus cembra L.

Pinus contorta Loud.

Pinus halepensis Mill.

Pinus nigra Arnold

Pinus pinaster Ait.

Pinus pinea L.

Pinus radiata D. Don

Pinus sylvestris L.

Pinus strobus L.

Populus alba L.

Populus nigra L.

Populus tremula L.

Populus trichocarpa Torrey et A. Gray ex Hook.

Populus tremula x Populus tremuloides

Populus x canescens Smith (P. alba x P. tremula)

Populus x euramericana (Dode) Guinier (P. deltoides x P. nigra)

Populus x interamericana Van Broekhuizen (P. x generosa Henry) (P. trichocarpa x

P. deltoides)

Prunus avium L.

Pseudotsuga menziesii Franco (P. douglasii Carr., P. taxifolia Poir.)

Quercus cerris L.

Quercus ilex L.

Quercus petraea Liebl. (Q. sessiliflora Salisb.)

Quercus pubescens Willd.

Quercus robur L. (Q. pedunculata Ehrh.)

Quercus rubra L. (Q. borealis Michx.)

Quercus suber L.

Robinia pseudoacacia L.

Tilia cordata Mill. (T. parvifolia Ehrh.)

ANNEX II

MINIMUM REQUIREMENTS FOR THE APPROVAL OF BASIC MATERIAL INTENDED FOR THE PRODUCTION OF REPRODUCTIVE MATERIAL TO BE CERTIFIED AS SOURCE-IDENTIFIED

1. The basic material shall be a seed source or stand located within a single Region of Provenance. It shall be at the discretion of the Member State in each individual case as to whether a formal inspection is required except that, a formal inspection must be made where the material is destined for a specific forestry purpose.

2. The seed source or stand shall meet criteria set by the Member State.

3. - The Region of Provenance and the location and the altitude or altitudinal range of the place(s) where the reproductive material is collected must be stated.

- It must be stated whether the basic material is:

(a) autochthonous or non-autochthonous or the origin is unknown or

(b) indigenous or non-indigenous or the origin is unknown.

In the case of non-autochthonous or non-indigenous basic material the origin must be stated if known.

ANNEX III

MINIMUM REQUIREMENTS FOR THE APPROVAL OF BASIC MATERIAL INTENDED FOR THE PRODUCTION OF REPRODUCTIVE MATERIAL TO BE CERTIFIED AS SELECTED

1. Origin: It must be determined either by historical evidence or other appropriate means whether the stand is autochthonous/indigenous, non-autochthonous/non-indigenous or the origin is unknown and for non-autochthonous/non-indigenous basic material the origin must be stated if known.

2. Isolation: Stands must be situated at a sufficient distance from poor stands of the same species or from stands of a related species or variety which can form hybrids with the species in question. Particular attention shall be paid to this requirement when the stands surrounding autochthonous/indigenous stands are non-autochthonous/non-indigenous or of unknown origin.

3. Effective Size of the Population: Stands must consist of one or more groups of trees well distributed and sufficiently numerous to ensure adequate inter-pollination. To avoid the unfavourable effects of inbreeding, selected stands shall consist of a sufficient number and density of individuals on a given area.

4. Age and Development: Stands must consist of trees of such an age, height or stage of development that the criteria given for the selection can be clearly judged.

5. Uniformity: Stands must show a normal degree of individual variation in morphological characters. When necessary, inferior trees should be removed.

6. Adaptedness: Adaptation to the ecological conditions prevailing in the Region of Provenance must be evident.

7. Health and Resistance: Trees in stands must in general be free from attacks by damaging organisms and show resistance to the adverse climatic and site conditions in the place where they are growing.

8. Volume production: For the approval of selected stands volume production of wood must normally be superior to the accepted mean under similar ecological conditions.

9. Wood Quality: The quality of the wood shall be taken into account in all cases and, in some cases, it may be an essential criterion.

10. Form or Growth Habit: Trees in stands must show particularly good morphological features, especially straightness and circularity of stem, favourable branching habit, small size of branches and good natural pruning. In addition, the proportion of forked trees and those showing spiral grain should be low.

11. Specific forestry purposes: The stand will be judged with respect to the specific stated purpose for which the reproductive material will be intended and due weight shall be given to requirements 1-10, depending on the specific purpose. The criteria for selection shall be determined by the Member State and the specific purpose shall be indicated in the National Register.

ANNEX IV

MINIMUM REQUIREMENTS FOR THE APPROVAL OF BASIC MATERIAL INTENDED FOR THE PRODUCTION OF REPRODUCTIVE MATERIAL TO BE CERTIFIED AS QUALIFIED

1. Seed Orchards

(a) The type, objective, crossing design and field layout, components, isolation and location and any changes of these must be approved and registered with the official body;

(b) The component clones or families shall be selected for their outstanding characters and special consideration shall be given to the requirements 4, 6, 7, 8, 9, 10, and where appropriate 11 of Annex III;

(c) The component clones or families shall be planted according to a plan which has been approved by the official body and established in such a way that each component can be identified;

(d) Thinning carried out in seed orchards shall be described together with the selection criteria used for such thinnings and registered with the official body;

(e) The seed orchards shall be managed and seed harvested in such a way that the objectives of the orchards are attained. 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.

2. Parents of Family(ies)

(a) The parents shall be selected for their outstanding characters and special consideration will be given to the requirements 4, 6, 7, 8, 9, 10, and where appropriate 11 of Annex III, or selected for their combining ability;

(b) The objective, crossing design and pollination system, components, isolation and location and any significant changes of these must be approved and registered with the official body;

(c) The identity, number and proportion of the parents in a mixture must be approved and registered with the official body;

(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.

3. Clones

(a) Clones shall be identifiable by distinctive characters which have been approved and registered with the official body;

(b) The value of individual clones shall be established by experience or have been demonstrated by sufficiently prolonged experimentation;

(c) Ortets used for the production of clones shall be selected for their outstanding characters and special consideration should be given to the requirements 4, 6, 7, 8, 9, 10, and where appropriate 11 of Annex III;

(d) Approval shall be restricted by the Member State to a maximum number of years or a maximum number of ramets produced.

4. Clonal Mixtures

(a) Clonal mixture shall meet the requirements in points 3(a), 3(b) and 3(c) above;

(b) The identity, number and proportion of the component clones of a mixture, and the selection method and foundation stock must be approved and registered with the official body. Each mixture must contain sufficient genetic diversity;

(c) Approval shall be restricted by the Member State to a maximum number of years or a maximum number of ramets produced.

ANNEX V

MINIMUM REQUIREMENTS FOR THE APPROVAL OF BASIC MATERIAL INTENDED FOR THE PRODUCTION OF REPRODUCTIVE MATERIAL TO BE CERTIFIED AS TESTED

1. REQUIREMENTS FOR ALL TESTS

(a) General

The basic material must satisfy the appropriate requirements in Annex III or IV.

Tests set up for the approval of basic material are to be prepared, laid out, conducted and their results interpreted in accordance with internationally recognised procedures. For comparative tests, the reproductive material under test must be compared with one or preferably several approved or pre-chosen standards.

(b) Characters to be examined

(i) Tests must be designed to assess specified characters and these must be indicated for each test;

(ii) Weight shall be given to adaptation, growth, biotic and abiotic factors of importance. In addition, other characters, considered important in view of the intended specific purpose, shall be evaluated in relation to the ecological conditions of the region in which the test is carried out.

(c) Documentation

Records must describe the test sites, including location, climate, soil, past use, establishment, management and any damage due to abiotic/biotic factors, and be available to the official body. Age of the material and results at the time of the evaluation must be recorded with the official body.

(d) Setting up the tests

(i) Each sample of reproductive material shall be raised, planted and managed in an identical way as far as the types of plant material permit;

(ii) Each experiment must be established in a valid statistical design with a sufficient number of trees in order that the individual characteristics of each component under examination can be evaluated.

(e) Analysis and validity of results

(i) The data from experiments must be analysed using internationally recognised statistical methods and the results presented for each character examined;

(ii) The methodology used for the test and the detailed results obtained shall be made freely available;

(iii) A statement of the suggested region of probable adaptation within the country in which the test was carried out and characteristics which might limit its usefulness must also be given;

(iv) If during tests it is proved that the reproductive material does not possess at least the characteristics:

- of the basic material or

- of similar resistance of the basic material to harmful organisms of economic importance,

then such reproductive material shall be eliminated.

2. REQUIREMENTS FOR GENETIC EVALUATION OF COMPONENTS OF BASIC MATERIAL

(a) The components of the following basic material may be genetically evaluated: seed orchards, parents of family(ies), clones and clonal mixtures;

(b) Documentation

The following additional documentation is required for approval of the basic material:

(i) the identity, origin and pedigree of the evaluated components;

(ii) the crossing design used to produce the reproductive material used in the evaluation test;

(c) Test procedures

The following requirements must be met:

(i) The genetic value of each component must be estimated in two or more evaluation test-sites, at least one of which must be in an environment relevant to the suggested use of the reproductive material;

(ii) The estimated superiority of the reproductive material to be marketed shall be calculated on the basis of these genetic values and the specific crossing design;

(iii) Evaluation tests and genetic calculations must be approved by the official body;

(d) Interpretation

(i) The estimated superiority of the reproductive material shall be calculated against a reference population for a character or set of characters;

(ii) It shall be stated whether the estimated genetic value of the reproductive material is inferior to the reference population for any important character.

3. REQUIREMENTS FOR COMPARATIVE TESTING OF REPRODUCTIVE MATERIAL

(a) Sampling of the reproductive material

(i) The sample of the reproductive material for comparative testing must be truly representative of the reproductive material derived from the basic material to be approved;

(ii) Sexually produced reproductive material for comparative testing shall be:

- harvested in years of good flowering and good fruit/seed production; artificial pollination may be utilised,

- harvested by methods that ensure that the samples obtained are representative.

(b) Standards

(i) The performance of standards used for comparative purposes in the tests should if possible have been known over a sufficiently long period in the region in which the test is to be carried out. The standards represent, in principle, material that has been shown useful for forestry at the time that the test starts, and in ecological conditions for which it is proposed to certify the material. They should come as far as possible from stands selected according to the criteria in Annex III or from basic material officially approved for production of tested material;

(ii) For comparative testing of artificial hybrids, both parent species must, if possible, be included among the standards;

(iii) Whenever possible several standards are to be used. When necessary and justified, standards may be replaced by the most suitable of the material under test or the mean of the components of the test;

(iv) The same standards will be used in all tests over as wide a range of site conditions as possible.

(c) Interpretation

(i) A statistically significant superiority as compared with the standards must be demonstrated for at least one important character;

(ii) It will be clearly reported if there are any characters of economic or environmental importance which show significantly inferior results to the standards and their effects must be compensated for by favourable characters.

4. CONDITIONAL APPROVAL

Preliminary assessment of young trials may be the basis for conditional approval. Claims of superiority based on an early assessment must be re-examined at a maximum interval of ten years.

5. EARLY TESTS

Nursery, greenhouse and laboratory tests may be accepted by the official body for conditional approval or for final approval if it can be shown that there is a close correlation between the measured trait and the characters which would normally be assessed in forest-stage tests. Other characters to be tested must meet the requirements set up in paragraph 3.

ANNEX VI

CATEGORIES UNDER WHICH REPRODUCTIVE MATERIAL FROM THE DIFFERENT TYPES OF BASIC MATERIAL MAY BE MARKETED

>TABLE>

ANNEX VII

PART A

Requirements to be met by fruit and seed lots of the species listed in Annex I

1. Fruit and seed lots of the species listed in Annex I may not be marketed unless the fruit or seed lot reaches a minimum species purity level of 99%.

2. Notwithstanding the provisions of paragraph 1, in the case of closely related species in Annex I, excluding artificial hybrids, the species purity of the fruit or seed lot shall be indicated and shall be as close to 100% as possible.

PART B

Requirements to be met by parts of plants of the species and artificial hybrids listed in Annex I

Parts of plants of the species and artificial hybrids listed in Annex I, shall not be marketed unless 95% of each lot is of fair marketable quality. Fair marketable quality shall be determined by reference to general characteristics, health and appropriate size. In the case of Populus spp. the additional requirements set out in Part C shall be met.

PART C

Requirements for external quality standards for Populus spp. propagated by stem cuttings or sets

1. Stem cuttings

(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:

- their wood is more than three years old,

- they have less than five well formed buds,

- they are affected by necroses or show damage by harmful organisms,

- they show signs of desiccation, overheating, mould or decay,

- they have injuries other than pruning cuts,

- they have multiple stems,

- they have excessive stem curvature.

(b) Size classes for sets

>TABLE>

PART D

Requirements to be met by planting stock of species and artificial hybrids listed in Annex I

The planting stock shall be of fair marketable quality. Fair marketable quality shall be determined by reference to general characteristics, health, vitality and physiological quality.

ANNEX VIII

PART A

MODEL MASTER CERTIFICATE OF IDENTITY FOR REPRODUCTIVE MATERIAL

DERIVED FROM SEED SOURCES AND STANDS

(Certificate must contain all the information outlined below, and in the exact format)

>REFERENCE TO A GRAPHIC>

PART B

MODEL MASTER CERTIFICATE OF IDENTITY FOR REPRODUCTIVE MATERIAL

DERIVED FROM SEED ORCHARDS OR PARENTS OF FAMILY(IES)

(Certificate must contain all the information outlined below, and in the exact format)

>REFERENCE TO A GRAPHIC>

PART C

MODEL MASTER CERTIFICATE OF IDENTITY FOR REPRODUCTIVE MATERIAL

DERIVED FROM CLONES AND CLONAL MIXTURES

(Certificate must contain all the information outlined below, and in the exact format)

>REFERENCE TO A GRAPHIC>

ANNEX IX

Correlation Table

This Directive // Directive 66/404/EEC

Article 1 //

Article 1

Article 2 // Article 3

Article 3 // Articles 2, 16 and 16b

Article 4 // Articles 5, 5b and 5d

Article 5 // -

Article 6 // Article 4

Article 7 // -

Article 8 // -

Article 9 // Article 5a

Article 10 // Article 6

Article 11 // Article 13a

Article 12 // Article 12

Article 13 // Article 8

Article 14 // Article 9

Article 15 // Article 10

Article 16 // Article 11

Article 17 // Article 13

Article 18 // Article 15

Article 19 // Article 14

Article 20 // -

Article 21 // -

Article 22 // -

Article 23 // Article 16a

Article 24 // Article 17

Article 25 // Article 5e

Article 26 // Article 18

Article 27 // -

Article 28 // -

Article 29 // Article 19

Annex I // Article 2

Annex II // -

Annex III // Annex I

Annex IV // -

Annex V // Annex II

Annex VI // -

Annex VII // -

Annex VIII // Annex III (part)

Annex IX // -

This Directive // Directive 71/161/EEC

Article 1 //

Article 1

Article 2 // Article 4

Article 3 // Article 3(2) and 16

Article 4 // -

Article 5 // -

Article 6 // Articles 5 and 6(1)

Article 7 // -

Article 8 // -

Article 9 // -

Article 10 // -

Article 11 // -

Article 12 // -

Article 13 // -

Article 14 // Articles 10 and 11

Article 15 // -

Article 16 // Article 12

Article 17 // Articles 3 (1) and 14

Article 18 // Article 15

Article 19 // -

Article 20 // -

Article 21 // -

Article 22 // -

Article 23 // Article 9

Article 24 // Article 18

Article 25 // -

Article 26 // Article 19

Article 27 // -

Article 28 // -

Article 29 // Article 20

Annex I // Article 2

Annex II // -

Annex III // -

Annex IV // -

Annex V // -

Annex VI // -

Annex VII // Annex 2 and 3

Annex VIII // -

Annex IX // -