Commission Regulation (EC) No 1602/2002 of 9 September 2002 laying down detailed rules for the application of Council Directive 1999/105/EC as regards the authorisation of a Member State to prohibit the marketing of specified forest reproductive material to the end-user
Date: 2002-09-09
Institutions: European Commission
Subjects: exchange of information, marketing restriction, plant propagation, scientific research, testing

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Official Journal of the European Communities

10.9.2002

COMMISSION REGULATION (EC) No 1602/2002

of 9 September 2002

laying down detailed rules for the application of Council Directive 1999/105/EC as regards the
authorisation of a Member State to prohibit the marketing of specified forest reproductive material
to the end-user

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

on Seeds and Propagating Material for Agriculture, Horti-
culture and Forestry,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 1999/105/EC of 22
December 1999 on the marketing of forest reproductive mate-
rial (1), and in particular Article 17(3) thereof,

HAS ADOPTED THIS REGULATION:

Whereas:

Article 1

(1)

(2)

(3)

(4)

(5)

(6)

(7)

In accordance with Article 17(1) of Directive 1999/105/
EC, Member States are to ensure that forest reproductive
material which is placed on the market in accordance
with the provisions of that Directive is not subject to
any marketing restrictions as regards its characteristics,
examination and inspection requirements, labelling and
sealing other than those laid down in that Directive.

States may

Member
in certain circumstances be
authorised to prohibit the marketing to the end-user,
with a view to seeding or planting in their territory, of
specified forest reproductive material which is unsuitable
for use in their territory.

Such authorisations should be granted only where there
is reason to believe that the use of the forest reproduc-
tive material would, on account of its phenotypic or
genetic characteristics, have an adverse effect on forestry,
environment, genetic resources or biodiversity in the
territory of that Member State.

In order to allow the Commission to decide in full
knowledge of the facts, the application for authorisation
should be accompanied by relevant evidence and infor-
mation concerning, inter alia, the region of provenance
or the origin of the forest reproductive material and the
results of trials, scientific research and forestry practice.
The information required should be specified.

In order to assist a Member State to prepare its applica-
tion, other Member States should provide, on request, all
relevant information on the region of provenance or the
origin and national lists of basic material for the produc-
tion of forest reproductive material.

A copy of the application should be sent at the same
time to the Member State in which the region of prove-
nance or the origin is located,
in order to allow that
Member State to inform the Commission of its position.

The measures provided for in this Regulation are in
accordance with the opinion of the Standing Committee

(1) OJ L 11, 15.1.2000, p. 17.

1.
A Member State seeking authorisation to prohibit the
marketing of specified forest reproductive material to the end-
user, under Article 17(2) of Directive 1999/105/EC, shall
submit an application to the Commission stating why it
considers that the criteria set out in Article 17(2) are satisfied.
The
available
supporting information and documentation as set out in para-
graphs 2 to 5.

application shall be

accompanied by all

2. Maps and details of the region of provenance or the
origin of the material shall be supplied, together with documen-
tation showing the differences in their respective climatic and
ecological data, as specified in the Annex, must be provided.

The results of

trials or scientific research or

3.
results
obtained from forestry practice, showing why the material is
unsuitable for use in all or part of its territory where prohibi-
tion is proposed shall be supplied. Details of the trials such as
layout, procedure of assessment, and data analysis must be
provided; the trials must have been carried out on relevant site
types and in accordance with the requirements set out in point
1 of Annex V to Directive 1999/105/EC. Details shall also be
provided of persons who carried out the trials, and whether the
results have been peer reviewed or published.

4.
In respect of results of scientific research, details of the
research such as layout, sources of data, procedure of assess-
ment, and data results must be provided.

In respect of results obtained from forestry practice, infor-
5.
mation and documentation concerning survival and develop-
ment of forest reproductive material including growth, must be
provided.

Article 2

As regards applications to prohibit the marketing of forest
in the categories ‘source-identified’ or
reproductive material
‘selected’ from approved basic material
in the form of seed
source or stand, the Member State seeking to prohibit the mate-
rial must provide an assessment of its unsuitability made by
reference to the region of provenance.

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Official Journal of the European Communities

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Article 3

in the categories

As regards applications to prohibit the marketing of reproduc-
tive material
from
approved basic material in the form of seed orchard, parents of
family, clone or clonal mixture, the Member State seeking to
prohibit the material must provide an assessment of unsuit-
ability made by reference to the individual units of approval.

‘qualified’ or

‘tested’

In addition to the information specified in Article 10 of Direc-
tive 1999/105/EC, the following information must be provided
on request:

(a) the selection criteria used for the components of the basic

material;

(b) the composition of the basic material;

(c) the region(s) of provenance in which the original compo-

nents were selected.

shall provide, on request of the Member State preparing the
application, maps and information relating to the climatic and
ecological conditions in the region of provenance of the forest
reproductive material for which the authorisation to prohibit
the marketing to the end-user will be sought.

2.
At the same time that the application for authorisation is
submitted to the Commission, a copy of it shall be sent to the
Member State in which the region of provenance or the origin
of the material to be prohibited is located.

3.
The Member State referred to in paragraph 2 shall have
three months to consider the application and to inform the
Commission of its position. When justified, the Commission,
upon request by that Member State, may extend this period.

Article 5

Article 4

1.
For the purpose of assisting the Member State preparing
an application referred to in Article 1, other Member States

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Communities.

It shall apply from 1 January 2003.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 September 2002.

For the Commission

David BYRNE

Member of the Commission

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Official Journal of the European Communities

10.9.2002

ANNEX

List of information to be provided by a Member State in support of an application under Article 17(2) of
Council Directive 1999/105/EC

1. Information on the species growing in the territory or part of territory: native or introduced

2. Maps and references to the region of provenance or unit of approval of the forest reproductive material for which the

application is submitted

3. Indication of the territory or part of territory for which the application for prohibition of the marketing of the mate-

rial to the end-user with a view to seeding or planting is submitted

4. Climatic data of the region of provenance or unit of approval specified in point 2 and of the territory or part of terri-

tory specified in point 3

(a) total annual precipitation (mm);

(b) growing season precipitation (mm) including the months in which it occurs;

(c) temperature:

— mean annual °C,

— mean of coldest month °C,

— mean of warmest month °C;

(d) length of the growing season (days above 5 °C or similar appropriate measure).

5. Ecological data of the region of provenance or unit of approval specified in point 2 and of the territory or part of

territory specified in point 3

(a) altitude range;

(b) major geological formation(s);

(c) major soil type(s).