The Plant Health, Seeds, Seed Potatoes and Plant Propagating Material (Amendment) (Northern Ireland) Regulations 2026

4 Amendment of the Forest Reproductive Material Regulations (Northern Ireland) 2002

(1) The Forest Reproductive Material Regulations (Northern Ireland) 2002 are amended as follows. (2) In regulation 2— (a) in paragraph (2)— (i) omit the definitions of “approved non-EU third countries”, “the Commissioners” and “the GB Regulations”; (ii) at the appropriate places insert the following definitions— “Council Decision 2008/971/EC” means Council Decision 2008/971/EC on the equivalence of forest reproductive material produced in third countries, as amended from time to time; “EC classification” refers, in respect of Populus spp., to the classification EC 1, EC 2, N1, N2, S1 or S2, each of which has the meaning given it in Schedule 9; “EU-approved third countries” means Canada, Great Britain, Norway, Serbia, Switzerland, Turkey and the United States of America; “the Mediterranean climatic region” means Greece, Italy, Portugal, Spain and the following regions of France: Aquitaine, Languedoc-Roussillon, Midi-Pyrénées and Provence-Alpes-Côte d’Azur; “permitted third country” means a country listed in Annex 1 to Council Decision 2008/971/EC; “plant passport” has the meaning given in the EU Plant Health Regulation; “Windsor Framework” means the part of the Withdrawal Agreement known as the Windsor Framework by virtue of Joint Declaration No. 1/2023 made between the EU and the United Kingdom in the Joint Committee established by the Withdrawal Agreement. ; (iii) in the definition of “Master Certificate”— (aa) omit paragraph (b); (bb) in paragraph (c) for “another member State” substitute “a member State”; (cc) for paragraphs (d) and (e) substitute— (d) in the case of forest reproductive material produced in an EU-approved third country, a Master Certificate issued by the Department in accordance with regulation 25(5) or a Master Certificate issued by a relevant official body in accordance with Article 4 of Council Decision 2008/971/EC; (e) in the case of forest reproductive material produced in a permitted third country, a Master Certificate issued by the Department in accordance with regulation 25(5), a Master Certificate issued in relation to the material by an official body of a member State or an OECD Certificate of Provenance within the meaning of paragraph 2 of Schedule 13; ; (iv) for the definition of “official body” substitute— “official body”— in relation to a member State, has the meaning given in Article 2(k) of the Directive; in relation to an EU-approved third country, means the competent authority for the relevant country, as listed in Annex 1 to Council Decision 2008/971/EC; in relation to a permitted third country, means the authority or body which is officially responsible in that country for the approval and control of forest reproductive material produced in the country; ; (v) for the definition of “region of provenance” substitute— “region of provenance” means, in respect of a species or sub-species, an area demarcated pursuant to regulation 5 by the Department or in accordance with Article 9 of the Directive by another official body, in which stands or seed sources showing similar phenotypic or genetic character are found, or a group of such areas subject to uniform or similar ecological conditions; ; (vi) for the definition of “third country” substitute— “third country” means a country other than a member State; ; (b) after paragraph (4) insert— (4B) Other terms in these Regulations that appear in the Directive or Council Decision 2008/971/EC have the same meaning in these Regulations as they have in the Directive or that Decision. (4C) A reference to a member State is to be read as if Northern Ireland were a member State of the European Union. (4D) References to the Department’s prescribed fees are to those fees payable to the Department in respect of its functions under these Regulations under relevant legislation. . (3) In regulation 4(1) before sub-paragraph (b) insert— (aa) “source-identified” material shall be so categorised if the basic material from which it is derived meets the requirements of Schedule 2; . (4) In regulation 7(4) before sub-paragraph (c) insert— (bb) the basic material has been authorised in accordance with Council Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC, or in the case of material authorised prior to 17th October 2002, in accordance with Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms. . (5) In regulation 13 after paragraph (8) insert— (8A) But for the purposes of paragraph (8) the form of the document set out in— (a) Schedule 6 is the form that document would take if regulation 33 of the Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 had not been made; (b) Schedule 7 is the form that document would take if regulation 34 of the Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 had not been made; and (c) Schedule 8 is the form that document would take if regulation 35 of the Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 had not been made. . (6) In regulation 14(4)— (a) for sub-paragraphs (a)(ii) and (iii) substitute— (ii) in the case of basic material approved by any other official body of a member State, the reference number given to the material in the register drawn up and maintained by the official body in accordance with Article 10 of the Directive; (iii) in the case of approved basic material from which reproductive material produced in an EU-approved third country or a permitted third country has been derived, the reference number given to the material in the national register of basic material approved for forest reproductive material drawn up and maintained by the official body of that country; ; (b) for sub-paragraph (b)(i) substitute— (i) in the case of forest reproductive material derived from basic material approved by an appropriate authority, has the meaning given in regulation 7; ; (c) omit sub-paragraph (b)(ia). (7) In regulation 17— (a) for paragraphs (1)(b) to (ee) substitute— (b) in the case of forest reproductive material produced in a member State, it was accompanied on its entry into Northern Ireland by the supplier’s label or document required by Article 14 of the Directive; (c) in the case of forest reproductive material produced in an EU-approved third country and imported from a third country into Northern Ireland, a Master Certificate has been issued by the Department in relation to the material in accordance with regulation 25(5); (d) in the case of any other forest reproductive material produced in an EU-approved third country— (i) a Master Certificate has been issued in relation to the material in accordance with Article 4 of Decision 2008/971/EC; and (ii) the forest reproductive material was accompanied on its entry into Northern Ireland by the supplier’s label or document required by Article 14 of the Directive; (e) in the case of forest reproductive material produced in a permitted third country and imported into Northern Ireland, it has met the requirements as to entry into Northern Ireland set out in regulation 25; (f) in the case of any other forest reproductive material produced in a permitted third country— (i) a Master Certificate has been issued in relation to the material by an official body of a member State; and (ii) the forest reproductive material was accompanied on its entry into Northern Ireland by the supplier’s label or document required by Article 14 of the Directive; ; (b) after paragraph (11) insert— (12A) Forest reproductive material in the form of planting stock which is intended to be marketed to the Mediterranean climatic region shall comply with the requirements of Schedule 10A. . (8) For regulation 18(3)(c) substitute— (c) in exercise of a derogation permitted by the Directive. . (9) In regulation 19— (a) after paragraph (1)(g) insert— (hh) in the case of parts of plants of Populus spp., the EC classification described in Schedule 9, paragraphs 1(b) and 2(b). ; (b) in paragraph (3) for “approved non-EU third country” substitute “EU-approved third country”. (10) For the heading to Part 6 substitute— MOVEMENT OF FOREST REPRODUCTIVE MATERIAL . (11) Omit regulations 21 and 23. (12) Before regulation 25 insert— Movement of forest reproductive material to a member State 22A. (1) A person, other than a registered supplier, shall not despatch forest reproductive material to a destination in a member State. (2) A registered supplier shall not despatch forest reproductive material to a destination in a member State unless that material— (a) would comply with the requirements of regulation 17 as if the forest reproductive material were to be marketed within Northern Ireland; and (b) is accompanied by a supplier’s label or document. (3) A registered supplier who despatches forest reproductive material to a destination in a member State shall inform the Department in writing no later than 14 days from the date on which the material has left Northern Ireland providing the following information— (a) the Master Certificate number; (b) date of despatch or intended date of despatch of the forest reproductive material; (c) address to which the forest reproductive material has been or is to be despatched; (d) the botanical name, and (if different from that stated in the Master Certificate), the nature and quantity of the forest reproductive material; and (e) the supplier’s label or document. Imports into Northern Ireland from a member State 24A. A person acting in the course of a business or trade whether or not for profit shall not import from a member State forest reproductive material into Northern Ireland for the purposes of marketing that material unless it is accompanied by the supplier’s label or document required by Article 14 of the Directive. . (13) In regulation 25— (a) for paragraph (1)(a) substitute— (a) it has been produced in an EU-approved third country or a permitted third country; ; (b) in paragraph (2) omit “a member State, or”; (c) in paragraph (6) for “a member State, or an approved non-EU third country” substitute “an EU-approved third country”. (14) In regulation 26(3)(a)(vii) omit “UK”. (15) In regulation 27 for paragraph (2) substitute— (2) An authorised officer entering and inspecting premises in exercise of his powers under paragraph (1) may take with him such other persons and such equipment or vehicles as he considers necessary for the purposes of entering and inspecting the premises, or for facilitating the checks required under Article 16(6) of the Directive. . (16) In regulation 31(5) for “another member State” substitute “a member State outside Northern Ireland”. (17) In regulation 33(2) for “United Kingdom” substitute “European Union”. (18) In the shoulder note to Schedule 2 for “Regulation 4(1)(a) substitute “Regulation 4(1)(aa)”. (19) In Schedule 9— (a) in paragraph 1(b) after “Class”, in each place where it occurs, insert “EC”; (b) for the table in paragraph 2(b) substitute— Class | Minimum diameter (mm) at mid-length | Minimum height (m) Non-Mediterranean regions N1 | 6 | 1.5 N2 | 15 | 3.00 Mediterranean regions S1 | 25 | 3.00 S2 | 30 | 4.00 . (20) After Schedule 9 insert— SCHEDULE10A REQUIREMENTS WHICH MUST BE MET BY PLANTING STOCK WHICH IS TO BE MARKETED TO THE END-USER IN THE MEDITERRANEAN CLIMATIC REGION Regulation 17(12A) 1. Planting stock shall not be marketed unless 95% of each lot is of fair marketable quality and the requirements and specifications of paragraphs 2 to 4 are met. 2. Planting stock shall not be considered to be of fair marketable quality if any of the following defects exist— (a) injuries other than pruning cuts or injuries due to damage when lifting; (b) lack of buds with the potential to form a leading shoot; (c) multiple stems; (d) deformed root system; (e) signs of desiccation, overheating, mould, decay or other harmful organisms; (f) the plants are not well balanced. 3. Size of the plants— Species | Maximum age (years) | Minimum height (cm) | Maximum height (cm) | Minimum root collar diameter (mm) Pinus halepensis | 1 | 8 | 25 | 2 2 | 12 | 40 | 3 Pinus leucodermis | 1 | 8 | 25 | 2 2 | 10 | 35 | 3 Pinus nigra | 1 | 8 | 15 | 2 2 | 10 | 20 | 3 Pinus pinaster | 1 | 7 | 30 | 2 2 | 15 | 45 | 3 Pinus pinea | 1 | 10 | 30 | 3 2 | 15 | 40 | 4 Quercus ilex | 1 | 8 | 30 | 2 2 | 15 | 50 | 3 Quercus suber | 1 | 13 | 60 | 3 4. Size of the container, where used— Species | Minimum volume of the container (cm³) Pinus pinaster | 120 Other species | 200 . (21) In Schedule 13 in Part 1— (a) for paragraph 1 substitute— 1. This Schedule applies to consignments of forest reproductive material produced in an EU-approved third country. ; (b) in paragraph 2— (i) omit the definition of “OECD Certificate of Identity”; (ii) in the definition of “permitted material”— (aa) omit paragraph (za), (bb) in paragraph (a) for “approved non-EU” substitute “EU-approved”. (22) In Schedule 13 omit Part 1A and Part 1B.