2008/971/EC: Council Decision of 16 December 2008 on the equivalence of forest reproductive material produced in third countries
Date: 2008-12-16
Institutions: Council of the European Union
Subjects: Community certification, import (EU), marketing standard, originating product, plant propagation, seed, third country

23.12.2008

EN

Official Journal of the European Union

L 345/83

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 16 December 2008

on the equivalence of forest reproductive material produced in third countries

(2008/971/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

regard

Having
1999/105/EC of
to Council Directive
22 December 1999 on the marketing of forest reproductive
material (1), and in particular Article 19(1) and (2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

The national rules for the certification of forest repro­
ductive material in Canada, Croatia, Norway, Serbia, Swit­
zerland, Turkey and the 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
from this basic
reproductive material
production of
material should follow the OECD Scheme for the certifi­
cation of forest reproductive material moving in inter­
national trade (OECD Forest seed and plant scheme). In

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

addition, those rules require seed and planting stock of
the ‘source identified’ and ‘selected’ categories to be offi­
cially certified and the seed packages officially closed in
accordance with the OECD Forest seed and plant scheme.

(3)

those rules has shown that

the
An examination of
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,
these third countries afford the same
the rules of
assurances as regards the conditions applicable to seed
and planting stock of the ‘source identified’ and ‘selected’
categories as those set out in Directive 1999/105/EC. It
follows that the rules for certification of forestry material
the ‘source identified’ and ‘selected’ categories in
of
Canada, Croatia, Norway, Serbia, Switzerland, Turkey
and the United States of America should be considered
as equivalent to those set out in Directive 1999/105/EC,
provided that the additional conditions as regards seed
and planting stocks, are satisfied.

(4)

The rules of these aforementioned third countries cannot,
however, be considered as equivalent for the ‘qualified’
and ‘tested’ categories to which the OECD Forest seed
and plant scheme does not apply. It is therefore appro­
priate to limit the scope of this Decision to reproductive
material falling into the ‘source identified’ and ‘selected’
categories.

(5)

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

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Official Journal of the European Union

23.12.2008

(6)

(7)

(8)

laid

down

conditions

complying with

reproductive material

the
Forest
this Decision should satisfy the plant
conditions of
health
Council Directive
2000/29/EC of 8 May 2000 on protective measures
introduction into the Community of
the
against
organisms harmful
to plants or plant products and
against their spread within the Community (1). Where
reproductive
applicable,
material
requirements of
Directive 2001/18/EC of the European Parliament and
of
the Council of 12 March 2001 on the deliberate
release into the environment of genetically modified
organisms (2).

genetically modified
should comply with the

forest

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

In order to guarantee the same level of traceability as that
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 under
an equivalence regime,

HAS ADOPTED THIS DECISION:

Article 1

Scope

This Decision determines the conditions under which forest
the ‘source identified’ and ‘selected’
reproductive material of
categories produced in a third country listed in Annex I shall
be imported into the Community.

It applies, provided that the conditions set out in Annex II and
in Directives 2000/29/EC and 2001/18/EC are satisfied.

Article 2

Definitions

basic material, under control of third country authorities set out
in Annex I to this Decision, or under official supervision of
these authorities, applied in the 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 ‘source identified’ and
2.
‘selected’ categories of species listed in Annex I to Directive
1999/105/EC, produced in the third countries listed in Annex
I to this Decision and officially certified by the third country
authorities listed in that Annex, shall be considered equivalent
complying with Directive
to seed
1999/105/EC, provided that
laid down in
Annex II to this Decision are satisfied.

the conditions

and planting

stock

Article 4

Master Certificate

When seed and planting stock enter into the Community, the
supplier importing this material shall inform the official body of
that Member State in advance of the import. The official body
shall issue a Master Certificate based on the official OECD Cer­
is placed on the
tificate of Provenance before the material
market.

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

Article 5

Entry into force and application

This Decision shall enter into force on the third day following
its publication in the Official Journal of the European Union.

It shall apply from 1 January 2009.

Article 6

Addressees

This Decision is addressed to the Member States.

Definitions set out in Article 2 of Directive 1999/105/EC shall
apply to this Decision.

Done at Brussels, 16 December 2008.

Article 3

Equivalence

Systems for approval and registration of basic material
1.
and subsequent production of reproductive material from this

For the Council
The President

R. BACHELOT-NARQUIN

(1) OJ L 169, 10.7.2000, p. 1.
(2) OJ L 106, 17.4.2001, p. 1.

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Official Journal of the European Union

L 345/85

ANNEX I

Countries and authorities

Country (*)

Authority responsible for the approval and control of production

CA

National Forest Genetic Resources Centre/Centre national des ressources génétiques forestières

Natural Resources Canada/Ressources naturelles Canada
Canadian Forest Service — Atlantic/Service canadien des forêts — Atlantique

PO Box 4000, Fredericton/Frédéricton

New Brunswick/Nouveau-Brunswick E3B 5P7

CH

Federal Office for Environment (FOEN)

Department of the Environment, Transport, Energy and Communications (UVEK)

Forest Division

Federal Plant Protection Service

Birmensdorf

HV

Forest Research Institute

Cvjetno naselje 41

10450 Jastrebarsko

NO

Norwegian Forest Genetic Resource Centre

Norwegian Forest and Research Institute

PO Box 115

N-1431 Ås

SR

Directorate for forest

Ministry of agriculture, forestry and water management

Omladinskih brigada 1

11 000 Belgrade

TR

US

Ministry of Environnement and Forestry (Çevre ve Orman Bakanlığı) — General directorate for
afforestation and erosion control (Ağaçlandirma ve erozyon kontrolu genel müdürlüğü)
Gazi — Ankara

National Tree Seed Laboratory

USDA Forest Service

Purdue University

West Lafayette, Indiana

(*) CA — Canada, CH — Switzerland, HV — Croatia, NO — Norway, SR — Serbia, TR — Turkey, US — United States of America.

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Official Journal of the European Union

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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, together with the name of the supplier.

2. In the case of seeds, the OECD label or supplier’s document 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 pure seed, or, where the germination percentage is impossible or impractical to

assess, the viability percentage assessed by reference to a specified method;

(c)

the weight of 1 000 pure seeds;

(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.

3. By way of derogation to paragraph 2, the additional

information referred to therein concerning seed testing
procedures using internationally accepted techniques may be provided by the supplier importing seed before it
is first marketed in the Community.

4. 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 having to fulfil the requirements of paragraphs 2(b) and 2(d). The supplier
importing that material must state as soon as possible that he respects the requirements under paragraphs 2(b) and
2(d).

5. Requirements of paragraphs 2(b) and 2(d) do not apply in the case of small quantities of seed, as defined by
Commission Regulation (EC) No 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 seed (1).

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, where it does not reach 99 %, shall be stated
on the suppliers label or document.

7. By way of 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.

(1) OJ L 348, 21.12.2002, p. 75.

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Official Journal of the European Union

L 345/87

B. Conditions relating to planting stock produced in third countries

1. The production of the planting stock shall take place in a nursery registered with the third country authorities set
out 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 from the supplier giving all
information contained in the official
OECD Certificate of Provenance and the name of the supplier.

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

3. 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, to Directive 1999/105/EC.