Proposal for a Council Decision on the equivalence of Forest Reproductive Material produced in third countries
Date: 2008-06-10
Institutions: European Commission
Subjects: forest, import, marketing, plant health legislation, plant propagation, seed, seedling, third country

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.6.2008 
COM(2008) 343 final 

Proposal for a 

COUNCIL DECISION 

on the equivalence of Forest Reproductive Material produced in third countries 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive 
material provides for the Council to determine whether forest 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  with  a  view  to  marketing  as  does  forest  reproductive 
material produced within the Community and complying with the provisions of this Directive. 

In addition, the Council determines the species, type of basic material and categories of forest 
reproductive material, together with its region of provenance, which may be permitted to be 
marketed under Article 19.1 within the Community. 

The  OECD  Council  adopted  in  July  2007  a  Scheme  for  the  Certification  of  Forest 
Reproductive Material Moving in International Trade (OECD Forest Seed and Plant Scheme). 

An  examination  of  those  rules  has  shown  that  the  conditions  for  approval  of  basic  material 
satisfy the requirements laid down in Directive 1999/105/EC. Furthermore, to the exception 
of  conditions  regarding  seed  quality,  species  purity  and  planting  stock  quality,  the  rules  of 
these third countries afford the same assurances as regards the conditions applicable to seed 
and  planting  stock  of  the  categories  "source  identified"  and  "selected"  as  those  set  out  in 
Directive  1999/105/EC.  It  follows  that,  the  rules  for  certification  of  forestry  material  of  the 
categories  "source  identified"  and  "selected"  in  Canada,  Norway,  Switzerland,  Turkey  and 
United  States  of  America  should  be  considered  as  equivalent  to  those  set  out  by  Directive 
1999/105/EC,  provided  that  additional  conditions  as  regards  seed  and  planting  stocks  are 
satisfied.  

The  present  proposal  permits  to  establish  an  equivalence  regime  for  importation  of  forest 
reproductive  material  under  clear  rules  and  to  replace  a  temporary  regime  authorising 
Member States to take individual decisions for importation of such material. 

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Proposal for a 

COUNCIL DECISION 

on the equivalence of Forest Reproductive Material produced in third countries 

THE COUNCIL OF THE EUROPEAN UNION, 

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 material1, and in particular Article 19(1) and 19(2) thereof, 

Having regard to the proposal from the Commission2, 

Whereas: 

(1) 

(2) 

(3) 

The  rules  for  the  certification  of  forest  reproductive  material  in  Canada,  Norway, 
Switzerland,  Turkey  and  United  States  of  America  provide  for  an  official  field 
inspection  to  be  carried  out  during  the  collection  and  processing  of  seed  and  the 
production of planting stock. 

According  to  those  rules,  the  systems  for  the  approval  and  registration  of  basic 
material  and  the  subsequent  production  of  reproductive  material  from  this  basic 
material shall follow the OECD Scheme for the Certification of Forest Reproductive 
Material  Moving  in  International  Trade  (OECD  Forest  Seed  and  Plant  Scheme).  In 
addition,  those  rules  require  seed  and  planting  stock  of  the  categories  "source 
identified"  and  "selected"  to  be  officially  certified  and  the  seed  packages  officially 
closed in accordance with the OECD Forest Seed and Plant Scheme. 

An  examination  of  those  rules  has  shown  that  the  conditions  for  approval  of  basic 
material satisfy the requirements laid down in Directive 1999/105/EC. Furthermore, to 
the  exception  of  conditions  regarding  seed  quality,  species  purity  and  planting  stock 
quality,  the  rules  of  these  third  countries  afford  the  same  assurances  as  regards  the 
conditions applicable to seed and planting stock of the categories "source identified" 
and "selected" as those set out in Directive 1999/105/EC. It follows that, the rules for 
certification of forestry material of the categories "source identified" and "selected" in 
Canada,  Norway,  Switzerland,  Turkey  and  United  States  of  America  should  be 
considered  as  equivalent  to  those  set  out  by  Directive  1999/105/EC,  provided  that 
additional conditions as regards seed and planting stocks are satisfied.  

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OJ L 11, 15.1.2000, p. 17. Directive as last amended by Commission Decision 2007/527/EC (OJ L 194, 
26.7.2007, p. 9). 
OJ C 199, 14.7.1999, p. 1. 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

The  rules  of  these  aforementioned  third  countries  can  however  not  be  considered  as 
equivalent for the categories "qualified" and "tested" to which the OECD Forest Seed 
and  Plant  Scheme  do  not  apply.  It  is  therefore  appropriate  to  limit  the  scope  of  this 
Decision  of  equivalence  to  reproductive  material  falling  into  the  categories  "source 
identified" and "selected".  

The  definitions  set  out  in  Directive  1999/105/EC  should  be  used  in  this  Decision  in 
view of ensuring consistency between the two acts.  

Forestry  material  complying  with  the  conditions  of  this  Decision  should  satisfy  the 
plant health conditions laid down Directive 2000/29/EC of 8 May 2000 on protective 
measures against the introduction into the Community of organisms harmful to plants 
or plant products and against their spread within the Community3.  

It is appropriate for the additional conditions for seed and planting stocks in respect of 
quality  and  species  purity  set  out  by  this  Decision  to  mirror  the  ones  provided  by 
Directive 1999/105/EC. 

In order to guarantee the same level of traceability than the one foreseen in Directive 
1999/105/EC, it is appropriate to include in this Decision rules concerning the issuing 
of a Master Certificate for seed and planting stock upon entry to the Community. This 
Master  Certificate  should  be  based  on  the  official  OECD  Certificate  of  Provenance 
and should indicate that the material is imported based on an equivalence regime.  

It  will  be  appropriate  in  future  to  update  certain  parts  of  the  annexes  of  the  present 
Decision in order to ensure that imported seed is subject to requirements equivalent to 
any  new  rules  which  may  be  introduced.  These  amendments  should  be  adopted  in 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission.4 

HAS ADOPTED THIS DECISION:  

Article 1 
Scope and definitions 

1. 

This Decision determines the conditions under which forestry reproductive material 
of the categories "source identified" and "selected" produced in a third country listed 
in Annex I to this Decision shall be imported in the Community.  

It applies provided that the conditions set out by Directive 2000/29/EC are met. 

2. 

The definitions set out in Directive 1999/105/EC shall apply to this Decision. 

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OJ L 169, 10.7.2000, p. 1. Directive as last amended by Directive 2007/41/EC (OJ L 169, 29.6.2007, 
p. 51). 
OJ L 184, 17.7.1999, p. 23. Decision as last amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, 
p. 11). 

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Article 2 
Equivalence 

1. 

2. 

The  systems  for  the  approval  and  registration  of  basic  material  and  the  subsequent 
production of reproductive material from this basic material under the control of the 
authorities referred to in Annex I to this Decision or under the official supervision of 
these authorities, applied in third countries listed in that Annex, shall be considered 
equivalent  to  those  carried  out  by  the  Member  States  in  accordance  with  Directive 
1999/105/EC. 

Seed  and  planting  stock  of  the  categories  "source  identified"  and  "selected"  of 
species listed in Annex I to Directive 1999/105/EC, produced in third countries listed 
in  Annex  I  to  this  Decision  and  officially  certified  by  the  authorities  listed  in  that 
Annex  shall  be  considered  equivalent  to  seed  and  planting  stock  complying  with 
Directive  1999/105/EC  provided  that  it  satisfies  the  conditions  laid  down  in 
Annex II. 

Article 3 
Master Certificate 

When seed and planting stock enters into the Community, the supplier importing this material 
shall inform the  Official  Body of  that  Member  State  of  the  import.  The  Official  Body  shall 
issue  a  Master  Certificate  based  on  the  official  OECD  Certificate  of  Provenance  before  the 
material is placed on the market.  

The Master Certificate shall indicate that the material has been imported under an equivalence 
regime. 

Article 4 
Amendment to Annexes 

Amendments to the Annexes, with the exception of those concerning the first column of the 
table in Annex I, shall be adopted in accordance with the procedure referred to in Article 5(2). 

Article 5 
Committee 

1. 

The  Commission  shall  be  assisted  by  the  Standing  Committee  on  Seeds  and 
Propagating Material for Agriculture, Horticulture and Forestry set up by Article 1 of 
decision 66/399/EEC5, hereinafter referred to as 'the Committee'. 

5 

OJ 125, 11.7.1966, p. 2289/66. 

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2. 

Where  reference  is  made  to  this  paragraph,  Articles  4  and  7  of  Decision 
1999/468/EC shall apply. 

The  period  set  down  in  Article  4(3)  of  Decision  1999/468/EC  shall  be  set  at  one 
month. 

3. 

The Committee shall adopt its Rules of Procedure. 

Article 6 
Entry into force 

This Decision shall apply from 1 January 2009. 

Article 7 

This Decision is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President 

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ANNEX I 

Countries and authorities 

Country (*) 

Authority responsible for the approval and control of 
production 

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NO 

TR 

US 

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National Forest Genetic Resource Centre 
Natural Resources Canada 
Canadian Forest Service-Atlantic 
Fredericton, Net Brunswick 
Federal Office for Environment (FOEN) 
Department pf the Environment, Transport, Energy and 
Communications (UVEK) 
Forest Division 
Federal Plant Protection Service 
Birmensdorf 
Norwegian Forest Research Institute 
Aas 
Ministry of Forestry 
Forest Tree Seeds and Tree Breeding Research Directorate Orman 
Bak awligi Arastima Planlama ve Koord. Dai. Bsk. 
Orman Genel Müdürlügü, 2N° lu Bina 
GAZI- ANKARA 
National Tree Seed Laboratory 
USDA Forest Service 
Purdue University 
West Lafayette, Indiana 

(*)  CA  –  Canada,  CH  –  Switzerland,  NO  –  Norway,  TR  –  Turkey,  US  –  United  States  of 
America 

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A. 

Conditions relating to seed produced in third countries. 

ANNEX II 

1. 

Seed shall be officially certified as being derived from approved basic material 
and the packages closed in accordance with national rules for the application of 
the  OECD  Forest  Seed  and  Plant  Scheme.  An  official  OECD  Label  shall  be 
attached  to  each  seed  lot  and  accompanied  by  either  a  copy  of  the  official 
OECD Certificate of Provenance or a document from the supplier giving all the 
information  contained  in  the  official  OECD  Certificate  of  Provenance  and 
together with the name of the supplier. 

2. 

In  the  case  of  seeds,  the  OECD  label  or  document  of  the  supplier  shall  also 
include  the  following  additional  information  assessed,  as  far  as  possible,  by 
internationally accepted techniques: 

(a) 

(b) 

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

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

(c)  weight of 1000 pure seeds; 

3. 

4. 

5. 

(d) 

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. 

By  derogation  to  paragraph  2,  the  above  mentioned  additional  information 
concerning the seed testing procedure using internationally accepted techniques 
may be provided by the supplier importing seed prior to first marketing in the 
Community.  

In order to make seed of the current year’s crop rapidly available, seed may be 
marketed by the supplier importing it as far as the first buyer without fulfilling 
all  the  conditions  required  under  paragraph  2(b)  and  2(d)  of  this  Annex.  The 
respect of the conditions as laid down in paragraph 2(b) and 2(d) must be stated 
by the supplier importing that material as soon as possible. 

In the case of small quantities of seed, as defined by Commission Regulation 
(EC)  2301/2002  of  20  December  2002  laying  down  detailed  rules  for  the 
application of Council Directive 1999/105/EC as regards the definition of small 
quantities of seed6 the requirements as laid down in paragraph 2(b) and 2(d) do 
not apply. 

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OJ L 348, 21.12.2002, p. 75–77. 

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6. 

Seed lots shall reach a minimum species purity level of 99%. However, in the 
case  of  closely  related  species,  excluding  artificial  hybrids,  the  species  purity 
of the fruit or seed lot if it does not reach 99% shall be stated on the suppliers 
label or document. 

7.  As a derogation to paragraph 1, seed in appropriate quantities may be derived 

from non approved basic material: 

(a) 

for tests, scientific purposes or genetic conservation; 

(b)  where  seed  units  are  clearly  shown  not  to  be  intended  for  forestry 

purposes. 

B. 

Conditions relating to planting stock produced in third countries. 

1. 

2. 

3. 

The  production  of  the  planting  stock  shall  take  place  in  a  nursery  registered 
with the authorities referred to in Annex I to this Decision or under the official 
supervision of these authorities, in the third country. An OECD Label shall be 
attached to each consignment and accompanied either by a copy of the official 
OECD Certificate of Provenance or a document form the supplier giving all the 
information contained in the official OECD Certificate of Provenance and the 
name of the supplier. 

Planting  stock  shall  comply  with  the  requirements  laid  down  in  Annex  VII, 
Part D, of Directive 1999/105/EC. 

Planting  stock  to  be  marketed  to  the  end-user  in  regions  having  a 
Mediterranean climate shall comply with the requirements laid down in Annex 
VII, Part E, of Directive 1999/105/EC. 

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