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Trade of Seed and Plants – what are the EU rules and how do they work?

Date: 2015.12.16

Text: Kari Leinonen (Finland) and Claes Uggla (Sweden)

The directive[1] is applied for most of the important forest tree species in Europe, 47 in total (see annex 1 of the Directive, link below). Other tree species are not covered by this legislation.

A Master Certificate always required

All seed produced in the EU must come from an officially registered basic material e.g. a seed orchard or seed stand having a unique register identification, and it is not allowed to market FRM unless a Master Certificate has been issued for it. The Master Certificate showing unique register identification is issued to the seed after collection by the designated national authority. The Master Certificate assures that the seeds are collected from an approved basic material and, it also gives relevant information, e.g. on the type of basic material, phenotypic and genetic quality and origin of the material. A Master Certificate issued for a seed lot is valid also for the plants raised from that seed. In vegetative propagation, a Master Certificate is given for plants or parts of plants, e.g. cuttings.

Sufficient documentation to the customer

Suppliers delivering FRM are responsible to give to the buyer the register reference of the Master Certificate and all other information needed for appropriate documentation of the material according to the legislation. The information shall be given on the label or a supplier’s document. The aim is to ensure that the marketed material is traceable to the registered source of basic material throughout the whole chain from production to end use.

Photo: Arne Steffenrem/Norwegian Forest Seed Center

Trade across EU Member State borders

A Master Certificate issued in one EU Member State is valid across the whole EU. When FRM moves from one Member State to another, the authority of the Member State from which the FRM is moved shall provide information about the identity and amount of traded FRM to the authority of recipient country. Therefore, the person or company trading FRM across member state borders shall notify the authority about the trade. Export outside EU is not regulated by EU legislation.

Import from OECD to EU

According to the Directive, FRM coming from third countries can be marketed in the EU if it affords the same assurances as the material produced in the EU. The FRM certified in Canada, Norway, Serbia, Switzerland, Turkey and United States following the OECD certification rules (OECD Forest Seed and Plant Scheme[2]) fulfil these EU equivalence requirements[3]. The phenotypic and genetic quality of the material is described using four categories: ‘source identified’, ‘selected’, ‘qualified’ and ‘tested’. Each category has specified minimum requirements for selection and testing. For present, FRM classified to the OECD categories ‘source identified’,’ selected’ and ‘qualified’ fulfils EU equivalence requirements and thus it can be imported to the EU from the countries indicated above[4]. For ‘tested’ category, European Commission has given temporary authorisation for Member States to take import decisions for FRM produced in these countries[5].

The approval, registration and production of the forest reproductive material from a third country should follow the OECD Forest Seed and Plant Scheme. The seeds and plants must be officially certified by the authority in the exporting country and a Certificate of Identity must be issued. When the FRM enters into EU, the importer (receiver of the material) shall in advance inform the authority of the importing country. Before the material can be marketed within the EU, the authority shall issue a Master Certificate for this material based on the OECD Certificate of Identity. When importing FRM of the ‘tested’ category, the authority shall immediately notify Commission and other EU-countries of their import decisions.

The seeds and plants imported to EU shall fulfil the additional conditions for seeds and plants in respect of quality and species purity to mirror the ones provided by the Directive 1999/105/EC. In addition, it is importer’s responsibility to ensure from the National Plant Protection Organization that the material fulfils the plant health requirements laid down in Council Directive 2000/29/EC [6].

The situation in the Nordic countries

Trade of seeds and plants between Denmark, Finland and Sweden is regulated by Council Directive 1999/105/EC. FRM produced in Norway following the OECD certification rules fulfil these EU equivalence requirements. Thus, the material produced in Norway can be imported to EU while the material produced in Iceland cannot be imported to EU.

Export of material from EU is not regulated by EU legislation. However, exporter must ensure from the authorities of the recipient country what kind of import regulations they have.

[1] Council Directive 1999/105/EC of 16 December 2008 on the marketing of forest reproductive material.

[2] OECD Scheme for the certification of Forest reproductive material moving in the international trade 2013. OECD Forest Seed and Plant Scheme.

[3] Council Decision 2008/971/EC of 16 December 2008 on the equivalence of forest reproductive material produced in third countries.

[4] Decision No 1104/2012/EU of the European Parliament and of the Council of 21 November 2012 amending Council Decision 2008/971/EC to include forest reproductive material of the ‘qualified’ category and to update the name of the authorities responsible for the approval and control of the production.

[5] Commission implementing decision (EU) 2015/321 of 26 February 2015 amending 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.

[6] Council Directive 2000/29/EC of 8 May 2000 on the protective measures against the introduction into Community of organisms harmful to plants or plant products and against their spread within the Community.

Information on all relevant EU legislation