FOREST REPRODUCTIVE MATERIAL REGULATIONS

FOREST REPRODUCTIVE MATERIAL

SUBSIDIARY LEGISLATION 433.10

FOREST REPRODUCTIVE MATERIAL

REGULATIONS

15th May, 2004

LEGAL NOTICE 273 of 2004, as amended by Legal Notices 17 of 2011

and 454 of 2013.

The title of these regulations is the Forest Reproductive

Material Regulations.

(1) The scope of these regulations is to transpose Council

Directive 1999/105/EC on the marketing of forest reproductive

material, to ensure that any forest reproductive material produced,

placed on the market in Malta or being transhipped through Malta

prior to its transport to another Member State meets specified

standards of quality.

(2) These regulations shall apply to the production with a view

to marketing and to the marketing of forest reproductive material

within the European Union of the genera and species and artificial

hybrids listed in Schedule I of these regulations and shall apply

without prejudice to Commission Decision 2008/989/EC authorising

Member States, in accordance with Council Directive 1999/105/EC, to

take decisions on the equivalence of the guarantees afforded by forest

reproductive material to be imported from certain third countries, and

Council Decision 2008/971/EC on the equivalence of forest

reproductive material produced in third countries as amended by

Decision No 1104/2012/EU.

(3) These regulations shall not apply to forest reproductive

material

(a) in the form of planting stock or parts of plants

intended to be used for purposes other than forestry, or

(b) intended to be exported or re-exported to third

countries.

For the purpose of these regulations, the following

definitions shall apply

"the Act" means the Plant Quarantine Act;

"autochthonous" and "indigenous" refer to either of the

following

(a) "autochthonous stand" or "seed source" which refers to

one that normally 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 close

proximity; and

FOREST REPRODUCTIVE MATERIAL

(b) "indigenous stand" or "seed source" which may be an

autochthonous stand or seed source or, is a stand or

seed source raised artificially from seeds, the origin of

which is situated in the same region of provenance;

"basic material" refers to any of the following

(a) "clone" being a group of individuals (ramets) derived

originally from a single individual (ortet) by

vegetative propagation, for example by cuttings,

micropropagation, grafts, layers or divisions;

(b) "clonal mixture" being a mixture of identified clones

in defined proportions;

(c) "parents of a family" which are trees used to obtain

progeny by controlled or open-pollination of one

identified parent used as a female, with the pollen of

one parent (fullsibling) or a number of identified or

unidentified parents (halfsibling);

(d) "seed orchard" being 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;

(e) "seed source" consisting of trees within an area from

which seeds are collected;

(f) "stand" being a delineated population of trees

possessing sufficient uniformity in composition;

"the Director" means the Director responsible for the Directorate

and includes to the extent of the authority given, any officer

authorised by him, in writing, to act in that behalf for any of the

purposes of the Act;

"the Directorate" means the Directorate responsible for plant

"forest reproductive material" is reproductive material of those

tree species and artificial hybrids thereof which are important for

forestry purposes in all or part of Malta and in particular those that

are listed in Schedule I in such manner that categories of forest

reproductive material may be

(a) "qualified" referring to reproductive material derived

from basic material that can be seed orchards, parents

of families, clones or clonal mixtures, the components

of which have been phenotypically selected at

individual level and which meets the requirements set

out in Schedule V. Testing need not necessarily have

been undertaken or completed;

(b) "selected" referring to 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 Schedule IV;

(c) "source-identified" referring to reproductive material

FOREST REPRODUCTIVE MATERIAL

derived from basic material which may be either a seed

source or a stand located within a single region of

provenance and which meets the requirements set out

in Schedule III;

(d) "tested" referring to reproductive material derived

from basic material that 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 Schedule VI;

"marketing" refers to a display with a view to sale, offering for

sale, sale or delivery to another person including delivery under a

service contract;

"official body" means the Directorate;

"origin" in respect of an autochthonous stand or seed source, the

origin is the place where the trees are growing. For a non-

autochthonous stand or seed source, the origin is the place where

the seeds or plants were originally introduced. The origin of a stand

or seed source may be unknown;

"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 seeds and parts of plants;

"provenance" refers to the place where any stand of trees is

"region of provenance" in respect of 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 boundaries where

appropriate;

"reproductive material" refers to any of the following

(a) seed unit which consists of cones, infructescenses,

fruits and seeds intended for the production of planting

stock;

(b) parts of plants consisting of 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;

(c) planting stock being plants raised from seed units,

from parts of plants, or from plants from natural

regeneration;

"supplier" is any natural or legal person engaged professionally

in the marketing or importation of forest reproductive material;

"third countries" means countries referred to in Council Decision

2008/971/EC and Commission Decision 2008/989/EC.

FOREST REPRODUCTIVE MATERIAL

No person shall produce, place on the market in Malta or

tranship through Malta prior to its transport to another Member

State any propagation material unless this has been certified by the

Director for any such purpose.

(1) Any person producing, placing on the market in Malta

or transhipping through Malta prior to its transport to another

Member State any propagation material shall notify the Director.

(2) A notice submitted in accordance to subregulation (1) shall

be submitted on such form and in such manner and within such

time as the Director may form time to time by notice in the Gazette,

establish.

(1) Upon receipt of a notice in accordance with the

provisions of regulation 5, the Director shall ascertain that the

conditions for certification have been met and the Director shall

issue such a certificate only if the propagation material meets such

conditions or standards.

(2) Prior to certifying any propagation material in accordance

with subregulation (1), the Director or his authorised representative

shall inspect, collect and test such sample or samples as may be

required in order to establish that any provisions of these

regulations are satisfied.

(3) Any certificate issued in accordance with this regulation

shall only be valid for the propagation material for which the

inspection, sampling and testing were carried out in accordance

with subregulation (2).

(1) Only approved basic material shall be utilised for the

production of forest reproductive material that is to be marketed.

(2)

Basic material may be approved only by

(a) the Directorate if it meets the requirements set out in

Schedules III, IV, V or VI, as appropriate; or

(b) reference to a unit known as the unit of approval. Each

unit of approval shall be identified by a unique register

reference.

(3)

The Directorate shall provide that

(a) approval shall be withdrawn if the requirements of

these regulations are no longer met; and,

(b) 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.

(4) The Directorate may approve, for a maximum period of ten

years, in all or part of Malta, basic material for the production of

"tested" reproductive material where, from the provisional results

of the genetic evaluation or comparative tests referred to in

Schedule VI, it can be assumed that the basic material will, when

tests have been completed, satisfy the requirements for approval

under these regulations.

FOREST REPRODUCTIVE MATERIAL

(5) In the interest of conserving plant genetic resources used in

forestry as stated in specific conditions established by the

Directorate taking into account the developments in relation to the

conservation in situ and the sustainable use of plant genetic

resources through growing and marketing of forestry reproductive

material of origin that is naturally adapted to the local and regional

conditions and threatened by genetic erosion, the Directorate may

depart from the requirements laid down in subregulation (2) and in

Schedules III, IV, V and VI, insofar as the specific conditions

mentioned earlier in this subregulation are established.

(6) The Directorate may restrict the approval of basic material

intended for the production of forest reproductive material of the

category "source-identified".

If the basic material referred to in regulation 7(1) is

genetically-modified within the meaning of Directive 2001/18/EC

of the European Parliament and of the European Council of the

12th March, 2001, such material shall only be accepted if it safe for

human health and the environment. Environmental risk assessments

equivalent to that laid down in Directive 2001/18/EC should be

carried out.

(1) The Directorate shall draw up a national register of the

basic material of the various species approved in Malta. 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 the Directorate and shall be available on

request to the European Commission and the other Member States.

For the categories "source-identified" and "selected", a summary of

the units of approval within one region of provenance is permitted.

The national list shall be presented for each unit of approval as

referred to in regulation 7(2)(b) and specified for each category of

forest reproductive material mentioned in regulation 3. This list

shall be drawn up in a standardised form as described in Schedule

II and shall be available as an electronic spreadsheet or database.

The following details shall be provided

(a)

botanical name;

(b)

category;

(c)

purpose;

(d)

type of basic material;

(e)

register reference or, where appropriate, summary

thereof, or identity code for the 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 and the

FOREST REPRODUCTIVE MATERIAL

latitudinal and longitudinal 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.

(1) During all stages of production, reproductive material

shall be kept separate by reference from the individual units of

approval. Each lot of reproductive material shall be identified by

the following

(a)

master certificate code and number;

(b)

botanical name;

(c)

category;

(d)

purpose;

(e)

type of basic material;

(f)

register reference or identity code for the region of

provenance;

(g) region of provenance ñ for reproductive material of the

"source-identified" and "selected" categories or other

reproductive material if appropriate;

(h) if appropriate, whether the origin of the material is

autochthonous or indigenous, non-autochthonous or

non-indigenous, or unknown;

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

(j) age and type of planting stock of seedlings or cuttings,

whether undercuts, transplants or containerised; and

(k) whether it is genetically-modified.

(2) Without prejudice to the provisions of subregulation (1)

and of regulation 16(1)(c), the Directorate 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 subregulation (1),

the Directorate may provide

(a) within a single region of provenance, for mixing of

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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, that 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 reproductive material obtained from basic

material of unknown origin takes place, that the new

combined lot will be certified as being "of unknown

origin";

(d)

when mixing takes place in accordance with

paragraphs (a) to (c) that the identity code for the

region of provenance may be substituted for the

register reference as in subregulation (1)(f);

(e)

for mixing of reproductive material derived from a

single unit of approval from different years of

ripening; and

(f)

when mixing takes place in accordance with paragraph

(e) that the actual years of ripening and proportion of

material from each year shall be recorded.

In the case of basic material intended for the production of

reproductive material of the "source-identified" and "selected"

categories, the Directorate shall for the relevant species, demarcate

the regions of provenance. Maps showing the demarcations of the

regions of provenance shall be drawn up and published by the

Directorate. These maps shall be sent to the European Commission

and the other Member States.

(1) Reproductive material obtained from individual units

of approval or lots shall remain clearly identifiable throughout the

entire process from collection to delivery to the end user. Official

inspections of registered suppliers shall be carried out regularly.

Suppliers shall provide the Directorate with records, which shall

contain details of all the consignments detained and marketed.

(2) The Directorate shall take all the necessary measures to

ensure compliance with the provisions of these regulations by

making suitable arrangements for forest reproductive material to be

officially controlled during production with a view to marketing

and marketing.

Forest reproductive material shall, where applicable,

comply with the relevant plant health conditions laid down in the

(1) After harvesting, a master certificate showing the

unique register reference shall be issued by the official body for all

reproductive material derived from approved basic material, giving

the relevant information set out in Schedule IX.

FOREST REPRODUCTIVE MATERIAL

(2) Where subsequent vegetative propagation is provided for in

accordance with regulation 10(2), a new master certificate shall be

issued.

(3) Where mixing takes place in accordance with regulation

10(3)(a), (b), (c) or (e), it shall be ensured 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.

Seed units shall be marketed only in sealed packages. The

sealing device shall be such that it will become unserviceable when

the package is opened.

(1) The following statements apply to the marketing of

forest reproductive material derived from approved basic material

(a) material of the species listed in Schedule I shall not be

marketed unless it is of the categories "source-

identified", "selected", "qualified" or "tested", and

meets the requirements of Schedules III, IV, V and VI

respectively;

(b) material of the artificial hybrids listed in Schedule I

shall not be marketed unless it is of the "selected",

"qualified" or "tested categories and meets the

requirements of Schedules IV, V and VI respectively;

(c) material of the species and artificial hybrids listed in

Schedule I which are reproduced vegetatively shall not

be marketed unless it is of the "selected", "qualified"

or "tested" categories and meets the requirements of

Schedules IV, V and VI 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

Schedule I, which is wholly or partly genetically-

modified, shall not be marketed unless it is of the

"tested" category and meets the requirements of

Schedule VI.

(2) The categories under which reproductive material obtained

from the different types of basic material may be marketed, are as

set out in Table 1.5 of Schedule VII.

(3) Forest reproductive material of the species and artificial

hybrids listed in Schedule I shall not be marketed unless it meets

the relevant requirements in Schedule VIII. Parts of plants and

planting stock may not be marketed unless they meet the

requirements of prevailing international standards, once those

standards are approved in accordance with rules of the European

Union.

(4) Suppliers of forest reproductive material shall be officially

registered. The official body may deem suppliers, who are already

registered under the Act to be registered for the purposes of these

regulations. Such suppliers shall nonetheless comply with the

requirements of these regulations.

FOREST REPRODUCTIVE MATERIAL

(5) Notwithstanding the provisions of subregulation (1),

suppliers may be authorised to place on the market in Malta

appropriate quantities of

(a) forest reproductive material for tests, scientific

purposes, selection work or genetic conservation

purposes; and

(b) seed units that are shown clearly that they are not

intended for forestry purposes.

(6) Without prejudice to subregulation (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

subregulation (1), the Directorate may authorise the marketing of

such material subject to conditions which will be drawn up in

accordance with rules of the European Union.

(7) Specific provisions may be established in accordance with

the rules of the European Union to take account of developments

under which forest reproductive material suitable for organic

production may be marketed.

(1) Reproductive material may be marketed only in lots

which comply with regulation 10 and are accompanied by a label or

other document from the supplier (the supplierís label or document)

giving, in addition to the information required under regulation 10,

the following information

(a) master certificate number(s) issued under regulation

14 or reference to the other document available

according to regulation 14(3);

(b) name of supplier;

(c) quantity supplied;

(d) in the case of reproductive material of the "tested

category whose basic material is approved under

regulation 7(4), the words "provisionally approved";

(e) whether the material has been vegetatively propagated.

(2) In the case of seeds, the supplierís label or document

referred to in subregulation (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 seeds, other

seeds and inert matter of the product marketed as a

seed lot;

(b) the germination percentage of the pure seeds, 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 number of germinable seeds per kilogram of

product marketed as seeds, or, where the number of

germinable seeds is impossible or impractical to

assess, the number of viable seeds per kilogram.

FOREST REPRODUCTIVE MATERIAL

(3) In order to make seeds of the current season’s crop rapidly

available, notwithstanding the fact that the examination in respect

of germination as stated in subregulation (2)(b) has not been

concluded, the Directorate may authorise the marketing as far as to

the first buyer. The respect of the conditions stated in subregulation

(2)(b) and (d) shall be stated by the supplier as soon as possible.

(4) In the case of small quantities of seeds, the requirements

stated in subregulation (2)(b) and (d) do not apply. The quantities

and conditions may be determined in accordance with procedures

established by the Directorate.

(5) In the case of Populus spp., parts of plants shall only be

marketed if the EC classification number according to Table 1.6 of

Section C of Schedule VIII is given on the supplierís label or

document.

(6) If a coloured label or document is used in respect of any

category of forest reproductive material, the colour of the

supplier’s label or document shall be

(a) yellow for "source-identified" reproductive material,

(b) green for "selected" reproductive material,

(c) pink in the case of "qualified" reproductive material,

and

(d) blue for "tested" reproductive material.

(7) In the case of forest reproductive material derived from

basic material that is genetically-modified, any label or document,

official or otherwise, of the lot shall clearly indicate this fact.

(8) In the case where forest reproductive material is in the form

of planting stock or parts of plants intended to be used for purposes

other than for forestry, the material shall be accompanied by a label

or other document required by other national or European Union

provisions which are applicable to such material for the intended

purpose. In the absence of any such provisions, when a supplier

handles material intended for both forestry purposes and also

material for non-forestry purposes, the latter shall be accompanied

by a label or other document bearing the following statement: "Not

for forestry purposes".

(1) In order to remove any temporary difficulties in the

general supply, to the end user, of forest reproductive material

satisfying the requirements of these regulations, that occur in one

or more Member States and cannot be overcome within the

European Union, the Directorate may authorise one or more

suppliers to approve for marketing, for a period specified by the

Directorate, forest reproductive material of one or more species

which satisfies less stringent requirements. Where such action is

taken, the suppliers’ label or documents required under regulation

17(1) shall state that the material in question satisfies less stringent

requirements.

(2) As certain species and artificial hybrids are not subject to

the measures of these regulations, the Directorate may take such

measures or less stringent measures in respect of the territory of

FOREST REPRODUCTIVE MATERIAL

Malta.

(1) As regards the conditions laid down in Schedules III to

VI and VIII, the Directorate may impose additional or more

stringent requirements for the approval of basic material and the

production of reproductive material in Malta.

(2) Malta may, as regards the conditions laid down in

Schedules III to VI and VIII, impose additional or more stringent

requirements for the approval of basic material of the category

"source-identified".

(1) The Directorate shall ensure that reproductive material

placed on the market in accordance with the provisions of these

regulations, 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

these regulations.

(2) Upon application, Malta may in certain circumstances be

authorised to prohibit the marketing to the end user with a view to

seeding or planting in all or part of its territory, of specified

reproductive material unsuitable for use in Malta. Such

authorisation may be granted only when there is reason to believe

that the use of the said reproductive material would, on account of

its phenotypic or genetic characteristics, have an adverse effect on

forestry, environment, genetic resources or biodiversity in all or

part of Malta.

(1) In order to prevent trade patterns from being disrupted,

the Directorate shall determine whether forest reproductive

material produced in third countries referred to in Commission

Decision 2008/989/EC affords the same guarantees as regards the

approval of its basic material and the measures taken for its

production, with a view to marketing as in the case of forest

reproductive material produced within the European Union and

which complies with the provisions of these regulations.

(2) The provisions contained in Council Decision 2008/971/EC

on the equivalence of forest reproductive material produced in third

countries, as amended by Decision No 1104/2012/EU, shall apply in

case of third countries referred to in such Decision.

Detailed rules for implementing the provisions of these

regulations are established by the Directorate.

For the purpose of seeking improved alternatives to certain

provisions set out in these regulations, it may be decided to

organise temporary experiments under specified conditions at

Community level. The duration of an experiment shall not exceed

seven years. In the context of such experiments, Malta may be

released from certain obligations laid down in these regulations.

The extent of that release shall be defined with reference to the

provisions to which it applies.

FOREST REPRODUCTIVE MATERIAL

Schedule I

List of tree species and artificial hybrids

The following table lists the genera, species and artificial hybrids to which these

regulations apply

Table 1.1

Latin Name

Common Name

Castanea sativa Mill.

Sweet/Spanish chestnut

Fraxinus angustifolia Vahl.

Narrow-leaved ash

Pinus brutia Ten.

Brutia/Calabrian pine

Pinus canariensis C. Smith

Canary Island pine

Pinus halepensis Mill.

Aleppo pine

Pinus nigra Arnold

Austrian/Black pine

Pinus pinaster Ait.

Cluster pine

Pinus pinea L.

Stone pine

Pinus radiata D. Don

Radiata pine

Pinus sylvestris L.

Scots pine

Populus spp. and artifical hybrids between those species Poplar

Prunus avium L.

Cherry tree

Pseudotsuga menziesii Franco

Douglas fir

Quercus cerris L.

Turkey oak

Quercus ilex L.

Evergreen/holm oak

Quercus robur L.

English/common oak

Quercus suber L.

Cork oak

Robinia pseudoacacia L.

False acacia/Locust

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Schedule II

National list of basic material

Section A

Structure of the national list

The standardised form of the national list of basic material mentioned in

regulation 9(2) shall be as indicated in Table 1.2

Table 1.2

Section B

Guidelines for filling in the national list of basic material

as presented in Table 1.2 of Section A of this Schedule

1. The species should be listed in alphabetical order (column B) and within

each species in the order of the categories of forest reproductive material listed in

these regulations (column C) commencing with "source identified", followed by

"selected", "qualified" and "tested". Within the category "qualified", the order will

be "seed orchard", "parents of family(ies)", "clone" and "clonal mixture" while

within "tested", "stand" will precede "seed orchard".

2. The different columns shall be filled in accordance with the standardised

order and coding of information as specified in point 4 of this Section.

3. Column B shall be filled in accordance with the abbreviations as specified in

point 5 of this Section.

4. Standardised order and coding information for the different columns of the

national list of basic material as presented in Table 1.2 of Section A, are indicated in

Table 1.3

Table 1.3

Column of

Data type

Information on completion

the national

list as

specified in

Section A

A

Abbreviation EU Member State abbreviation

B

Abbreviation See Section B point 5 of this Schedule. Varieties of

Pinus nigra and Populus species to be indicated in

column N

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Information on completion

Source identified

Selected

Qualified

Tested (genetically evaluated/comparatively

tested/provisionally tested to be indicated in

column N)

Identity code For seed sources and stands

Region of provenance code and/or national register

reference

For qualified and tested entries

National register reference only

Location name for seed source, stand, seed orchard,

parents of a family or where this is not appropriate,

for example for a clone or clonal mixture, the

approved name

Degrees and Expressed in sudo-decimal format - for example

56º31'N is written as 56.31N; exact or a range.

Degrees and Expressed in sudo-decimal format; exact or range;

East or West of Greenwich

Exact or range

Seed source

Stand

Seed orchard

Parents of family(ies)

Clone

Clonal mixture

For mixed stands, the effective area of the species in

question. Where this is not appropriate, the number of

trees followed by T shall be indicated

Autochthonous/indgenous

Non-autochthonous/non-indigenous

Unknown

Origin of basic material to be stated if identified as

non-autochthonous/non-indigenous in column K

Multifunctional forestry

Other specific purpose (to be indicated in

column N)

Other information (see also columns B, C and M)

Where any column does not need to be completed, NA will be used to indicate not

FOREST REPRODUCTIVE MATERIAL

applicable, in order to distinguish it from the situation in which it is blank due to

missing information. Columns F, G, H and J do not need to be completed for basic

material of the type parents of family(ies), clone or clonal mixture.

5. Abbreviations of the botanical name of tree species and artificial hybrids

thereof to be used for column B of the national list as presented in Section A of this

Schedule.

Table 1.4

Botanical Name

Var./Spp.

Abbreviation

Castanea sativa Mill.

csa

Fraxinus angustifolia Vahl.

fan

Pinus brutia Ten.

pbr

Pinus canariensis C. Smith

pca

Pinus halepensis Mill.

pha

Pinus nigra Arnold

var. austriaca

pni

var. calabrica

var. corsicana

var. maritima

var. clusiana

Pinus pinaster Ait.

ppa

Pinus pinea L.

ppe

Pinus radiata D. Don

pra

Pinus sylvestris L.

psy

Populus spp. and artificial

alba

pop

hybrids between those species

canadensis

nigra

tremula

etc.

Prunus avium L.

pav

Pseudotsuga menziesii Franco

pme

Quercus cerris L.

qce

Quercus ilex L.

qil

Quercus robur L.

qro

Quercus suber L.

qsu

Robinia pseudoacacia L.

rps

FOREST REPRODUCTIVE MATERIAL

Schedule III

Amended by

L.N. 17 of 2011.

Minimum requirements for the approval of basic

material intended for the production of reproductive

material to be certified as "source-identified"

The basic material shall be a seed source or a stand located within a single region

of provenance. It shall be at the discretion of the Directorate in each individual case

as to whether a formal inspection is required except that it must be carried out in

instances when the material is destined for a specific forestry purpose. The seed

source or stand shall meet criteria laid down by the Directorate.

The region of provenance, the location and the altitude or altitudinal range of the

place(s) where the reproductive material is collected must be stated, and also

whether the basic material is

(a) autochthonous, non-autochthonous or of unknown origin, or

(b) indigenous, non-indigenous or of unknown origin.

In the case of non-autochthonous or non-indigenous basic material, the origin

must be stated if known.

Schedule IV

Amended by

L.N. 17 of 2011.

Minimum requirements for the approval of basic

material intended for the production of reproductive

material to be certified as "selected"

The stand will be judged with respect to the specific stated purpose for which the

reproductive material will be intended and special attention shall be given to the

requirements described below, depending on the specific purpose. The criteria for

selection shall be determined by the Directorate and the purpose shall be indicated in

the national register.

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 of unknown origin, 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 that 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.

FOREST REPRODUCTIVE MATERIAL

4. Age and development

Stands must consist of trees of such an age 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. Adaptation

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, except for damage by

pollution, 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 and management conditions.

9. Wood quality

The quality of the wood shall be taken into account 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 the stem, favourable branching habit, small size of the

branches and good natural pruning. In addition, the proportion of forked trees and

those showing spiral grain should be low.

Schedule V

Amended by

L.N. 17 of 2011.

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

stated in poin ts 4, 6, 7, 8, 9 and 10 of Schedule IV;

(c) The component clones or families shall be planted or shall have been

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

FOREST REPRODUCTIVE MATERIAL

the selection criteria used for such thinnings and registered with the

official body;

(e) The seed orchards shall be managed and seeds are 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 shall be given to the requirements stated in points 4, 6, 7,

8, 9 and 10 of Schedule IV, 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 to be used 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 stated in points 4, 6, 7, 8, 9 and 10 of Schedule IV;

(d) Approval shall be restricted by the Directorate to a maximum number of

years or a maximum number of ramets produced.

4. Clonal mixtures

(a) Clonal mixtures shall meet the requirements of points 3(a) to (c);

(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 Directorate to a maximum number of

years or a maximum number of ramets produced.

Schedule VI

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

FOREST REPRODUCTIVE MATERIAL

Schedule IV or V. 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) Particular attention shall be given to adaptation, growth, abiotic/

biotic factors. 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 by 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 for the individual

characteristics of each component under examination to be

evaluated.

(e)

Analysis and validity of the results

(i) The data obtained 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 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 the 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 the genetic evaluation of components of basic material

The components of the following basic material may be genetically evaluated

(i) seed orchards,

(ii) parents of family(ies),

(iii) clones and clonal mixtures.

(a) Documentation

FOREST REPRODUCTIVE MATERIAL

The following additional documentation is required for approval of the

basic material

(i) The identity, origin and pure breed of the evaluated components;

(ii) The crossing design used to produce the reproductive material

used in the evaluation tests.

(b) 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.

(c) 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 the 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 to

be 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 Schedule IV or from basic

material officially approved for the production of "tested"

material;

(ii) For comparative testing of artificial hybrids, both parent species

must, if possible, be included among the standards;

- whenever possible several standards are to be used. When

FOREST REPRODUCTIVE MATERIAL

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;

- 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 that would normally be

assessed in foreststage tests. Other characters to be tested must meet the

requirements stated in point 3 of this Schedule.

Schedule VII

Marketing of basic reproductive material

Categories under which reproductive material obtained from various types of

basic material may be marketed, are indicated in the following table (Table 1.5)

Table 1.5

Category of forest reproductive material

(Label colour if coloured label or document is used)

Type of basic material

Source

Selected

Qualified

Tested

identified

(Green)

(Pink)

(Blue)

(Yellow)

Seed source

X

Stand

X

X

X

Seed orchard

X

X

Parents of family(ies)

X

X

Clone

X

X

X

X

FOREST REPRODUCTIVE MATERIAL

Schedule VIII

Requirements to be met by forest reproductive material

Section A

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

1. Marketing

Fruit and seed lots of the species listed in Schedule I may not be marketed unless

the fruit or seed lot reaches a minimum species purity level of 99%.

2. Species purity

Notwithstanding the provisions of point 1, in the case of closely related species in

Schedule I, excluding artificial hybrids, the species purity of the fruit or seed lot if it

does not reach 99%, shall be stated.

Section B

Requirements to be met by parts of plants of the species and artificial hybrids

listed in Schedule I

Parts of plants of the species and artificial hybrids listed in Schedule I, shall be of

fair marketable quality. This quality shall be determined by reference to the general

characteristics, health and appropriate size. In the case of Populus spp., it may be

stated that the additional requirements set out in Section C are met.

Section 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) wood (more that two years old);

(ii) less than two well-formed buds;

(iii) damage produced by harmful organisms or necrosis;

(iv) signs of desiccation, overheating, mould or decay.

(b) Minimum dimensions for stem cuttings

(i) minimum length shall be 20cm;

(ii) minimum top diameter for Class EC 1 shall be 8mm and for Class

EC 2, 10mm.

2. Sets

(a) Sets shall not be considered to be of fair marketable quality if any of the

following defects exist

(i) wood (more than three years old);

(ii) less than five well-formed buds;

(iii) damage made by harmful organisms or necrosis is present;

(iv) signs of desiccation, overheating, mould or decay;

(v) injuries other than pruning cuts;

(vi) multiple stems;

(vii) excessive stem curvature.

(b) Size classes for sets

FOREST REPRODUCTIVE MATERIAL

These are indicated in the table below (Table 1.6)

Table 1.6

Class

Minimum diameter at

Minimum height (metres)

mid-length (millimetres)

Non-Mediterranean regions

1.5

3.0

Mediterranean regions

3.0

4.0

Section D

Requirements to be met by planting stock of the species and artificial hybrids

listed in Schedule I

The planting stock shall be of fair marketable quality. This shall be determined by

reference to the general characteristics, health, vitality and physiological quality.

Section E

Requirements to be met by planting stock that shall be marketed to the end-user

in regions having a Mediterranean climate

1. Marketing

Planting stock shall not be marketed unless 95% of each lot is of fair marketable

quality.

2. Fair marketable quality

Planting stock shall not be considered to be of fair marketable quality if any of the

following defects exist

(i)

injuries other than pruning cuts or injuries due to damage when

lifting;

(ii) lack of buds with the potential to form a leading shoot;

(iii) multiple stems;

(iv) deformed root system;

(v) signs of desiccation, overheating, mould, decay or other harmful

organisms;

(vi) the plants are not well balanced.

3. Size of the plants

This is indicated in the following table (Table 1.7)

Table 1.7

Species

Maximum age Minimum height Maximum height Minimum root

(years)

(centimetres)

(centimetres) collar diameter

(millimetres)

Pinus halepensis

Pinus nigra

FOREST REPRODUCTIVE MATERIAL

Pinus pinaster

Pinus pinea

Quercus ilex

Quercus suber

4. Size of the container (when used)

The minimum volume of the container is stated in Table 1.8

Table 1.8

Minimum volume of the container (centimetres 3 )

Species

Pinus pinaster

Other species

Schedule IX

Master certificates

Model master certificates regarding the identity of forest reproductive material

derived from different sources, can be referred to in the subsequent pages. The

certificates must contain all the information outlined in the models exactly in the

same format and should be issued in accordance with these regulations.

FOREST REPRODUCTIVE MATERIAL

MODEL MASTER CERTIFICATE OF IDENTITY FOR REPRODUCTIVE

MATERIAL DERIVED FROM SEED SOURCES AND STANDS

FOREST REPRODUCTIVE MATERIAL

MODEL MASTER CERTIFICATE OF IDENTITY FOR REPRODUCTIVE

MATERIAL DERIVED FROM SEED ORCHARDS OR PARENTS OF

FAMILY(IES)

FOREST REPRODUCTIVE MATERIAL

MODEL MASTER CERTIFICATE OF IDENTITY FOR REPRODUCTIVE

MATERIAL DERIVED FROM CLONES AND CLONAL MIXTURES