Chapter IV, Article 15 · FRM Regulation

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Article 15National register of basic material#

1.Each Member State shall establish, publish in electronic format and keep up to date a national register of basic material of the various species approved on its territory pursuant to Articles 4, 6 and 22.It shall make that register available in electronic format to the Commission and the other Member States through, and in the format used by, FOREMATIS.

2.Member States shall use the format used by FOREMATIS for presenting each unit of approval in the national register.

3.The national register shall include at least the following elements:

(a)the scientific name of the genus and species and, where appropriate, the common name in an official language of the institutions of the Union;

(b)the category of FRM;

(c)the type of basic material;

(d)the register reference;

(e)the location of the basic material, meaning a short name, where appropriate, and one of the following sets of particulars:

(i)for the ‘source-identified’ category: region of provenance and the geographical position or positions, defined by latitude, longitude, and altitude or the latitudinal, longitudinal and altitudinal range;

(ii)for the ‘selected’ category: region of provenance and the geographical position or positions, defined by latitude, longitude and altitude or the latitudinal, longitudinal and altitudinal range;

(iii)for the ‘qualified’ category: the exact geographical position or positions, defined by latitude, longitude and altitude or the latitudinal, longitudinal and altitudinal range, where the basic material is maintained;

(iv)for the ‘tested’ category, the exact geographical position or positions, defined by latitude, longitude and altitude or the latitudinal, longitudinal and altitudinal range, where the basic material is maintained;

(f)the size of each seed source, stand or seed orchard, indicated in hectares or number of trees;

(g)origin:

(i)indication of whether the basic material is indigenous, non-indigenous or of unknown origin and, if it is indigenous, whether it is autochthonous or non-autochthonous;

(ii)information about the origin, if it is known;

(iii)in the case of a seed orchard, the region or regions of provenance or other relevant geographic information where its components were originally located, if known;

(h)one or more purposes of use of FRM as referred to in Article 3, point (1);

(i)other information relevant for the basic material;

(j)in the case of FRM of the ‘tested’ category, an indication of whether:

(i)it is authorised for cultivation as a genetically modified organism in the Union pursuant to Article 19 of Directive 2001/18/EC or Articles 7 and 19 of Regulation (EC) No 1829/2003, and that cultivation is not excluded in the Member State concerned in accordance with Article 26b of Directive 2001/18/EC;

(ii)it contains or consists of a category 1 NGT plant as defined in Article 3, point (13), of Regulation (EU) 2026/1388;

(iii)it contains or consists of a category 2 NGT plant as defined in Article 3, point (14), of Regulation (EU) 2026/1388;

(k)in the case of FRM of ‘qualified’ and ‘tested’ categories, information about the place of production of the offspring of parents of a family, clones or clonal mixtures, which means the place or exact geographical position where the FRM was produced;

(l)where a database of the competent authority is publicly accessible, a link to that database including the master certificates and codes corresponding to the respective units of approval or a link to the platform referred to in Article 18(9), point (b);

(m)information as regards the selection criteria that were applied for the approval of basic material in accordance with Annexes II to V, as applicable, as well as documentation or evidence used to determine the origin of the basic material concerned.

The location of basic material referred to in point (e) of the first subparagraph shall be indicated using the uniform coordinate system specified by FOREMATIS.For the purposes of point (g)(iii) of the first subparagraph, for seed orchards representing a more advanced stage of breeding, information from breeding records may be used instead of the information about origin and region or regions of provenance.

4.By way of derogation from Article 4, the competent authorities shall immediately register in their national registers referred to in paragraph 1 of this Article the basic material included, before 17 July 2031, in their national registers referred to in Article 10(1) of Directive 1999/105/EC, without applying the registration procedure set out in paragraph 2 of that Article.

Defined terms · 47

Show every defined term

afforestation
means the establishment of forest through planting or deliberate seeding, including the planting or deliberate seeding of regionally adapted tree species, on land that was, until then, under a different land use and implies a transformation of land use from non-forest to forest;
autochthonous seed source or stand
means a seed source or stand which has been continuously and naturally regenerated or which has been artificially regenerated from FRM collected in the same seed source or stand or in other autochthonous seed sources or stands in close proximity to that seed source or stand;
basic material
means any of the following types of material as referred to in the table set out in Annex VI: seed source, stand, seed orchard, parents of a family, clone or clonal mixture;
category
means the classification of FRM as source-identified, selected, qualified or tested material;
clonal mixture
means a mixture of identified clones in defined proportions;
clone
means a single individual or group of individuals (ramets) derived originally from a single individual (ortet) by vegetative propagation, for example by cuttings, micropropagation, grafts, layers or divisions, or derived originally from cell lines;
competent authority
means:
delegated body
means a separate legal person to which the competent authority has delegated certain official control tasks or certain tasks related to other official activities;
deployment area
means the area designated by the competent authorities in which FRM belonging to the ‘qualified’ and ‘tested’ categories is adapted to the climatic and ecological conditions of that area;
documentary check
means the examination of master certificates and other documents;
FOREMATIS
means the Forest Reproductive Material Information System of the Commission;
foundation stock
means a plant, group of plants, FRM, DNA stock or genetic information of the clone, or clones in case of clonal mixture, that serves as reference material for the verification of the identity of the clone or clones concerned;
FRM
means seed units, parts of plants and planting stock that belong to tree species listed in Annex I and their hybrids and are intended to be used for afforestation, reforestation, diversification in a forest plot and other tree planting and direct seeding, for one or more of the following purposes:
genetically modified organism
means a genetically modified organism as defined in Article 2, point (2), of Directive 2001/18/EC, excluding organisms obtained through the techniques of genetic modification listed in Annex I B to that Directive;
in the right place
means that the FRM is genetically and phenotypically suited to the site where it is grown, including the relevant climate projections for it.
indigenous seed source or stand
means a seed source or stand located in a specific region of provenance that is part of the natural distribution range of the species concerned, raised from seed or vegetatively propagated, the origin of which is situated within the same region of provenance;
location of the basic material
means the geographical area or geographical position or positions of the basic material, as appropriate for each category of FRM;
lot
means any of the following: a seed lot, a seed unit lot, a plant lot or a parts of plants lot;
lot code
means the identification code of a lot;
marketing
means the following actions conducted by a professional operator in relation to FRM, whether free of charge or not:
natural regeneration
means the renewal of the forest by natural processes, including natural seeding, sprouting, suckering or layering;
official certification
means both the procedure leading to the issuance, and the issuance itself, of either a master certificate or of an official label, in accordance with this Regulation;
official controls
means activities to verify compliance with this Regulation performed by the competent authorities responsible for the organisation of those activities or by the bodies to which or the natural persons to whom certain of those activities have been delegated;
origin
means the following:
other official activities
means activities concerning the approval of basic material and the production and marketing of FRM other than official controls, performed by the competent authorities or by the bodies to which or the natural persons to whom certain of those activities have been delegated;
parents of a family
means trees used as parents to obtain progeny by controlled or open pollination of one identified parent used as a female with the pollen of one parent (full sibling) or a number of identified or unidentified parents (half-sibling);
parts of plants
means stem cuttings, with or without roots, leaf cuttings and root cuttings, explants or embryos used for micropropagation, buds, layers, roots, scions and any other parts of a plant used for the production of planting stock;
parts of plants lot
means a set of parts of plants collected and processed uniformly;
plant lot
means a set of plants that have been grown from a single seed lot or from vegetatively propagated planting stock which has been raised in a delineable area and processed uniformly;
planting stock
means any plant or part of a plant used in plant propagation and comprises plants raised from seed units, from parts of plants or from plants from natural regeneration;
production
means all stages in the generation of lots of FRM for marketing, including the harvesting, collection, storage, processing and distribution, and the dispatching during those stages, as well as the conversion of seed unit lots and parts of plants lots and the growing, multiplying, maintaining, storage and harvesting of plant lots;
professional operator
means any natural or legal person professionally in charge of the production or marketing, or both, of FRM;
provenance
means the name of the place in which any seed source or stand is growing;
qualified
means a category of FRM derived from basic material consisting of seed orchards, parents of a family, clones or clonal mixtures, the components of which have been selected at the individual level and which meets the requirements set out in Annex IV;
quality pests
means pests:
reforestation
means the re-establishment of forest through planting, deliberate seeding, vegetative propagation or natural regeneration on land classified as forest;
region of provenance
means the area or group of areas subject to sufficiently uniform ecological conditions in which stands or seed sources showing similar phenotypic or genetic characteristics are found, taking into account, where appropriate, altitudinal boundaries;
seed lot
means a set of seeds collected from approved basic material and processed uniformly;
seed orchard
means a plantation of selected trees where each individual tree is identified by a clone or family and that plantation is isolated or managed in order to avoid or reduce pollination from outside sources and managed to produce frequent, abundant and easily harvested crops of seed units;
seed source
means the trees within a defined area from which FRM is collected;
seed unit
means cones, infructescences, fruits and seeds intended for the production of planting stock or for direct seeding;
seed unit lot
means a set of seed units collected from approved basic material and processed uniformly;
selected
means a category of FRM derived from basic material consisting of a stand located within a single region of provenance, which has been selected at the population level and which meets the requirements set out in Annex III;
source-identified
means a category of FRM derived from basic material consisting of either a seed source or a stand located within a single region of provenance and which meets the requirements set out in Annex II;
stand
means a delineated population of trees which is sufficiently uniform in composition;
tested
means a category of FRM derived from basic material consisting of stands, seed orchards, parents of a family, clones or clonal mixtures, where the superiority of that FRM has been demonstrated by comparative testing or an estimate of the superiority of the FRM has been calculated on the basis of the genetic evaluation of the components of the basic material, and which meets the requirements set out in Annex V;
unit of approval
means the entire area of basic material or one or more individuals of basic material intended for the production of FRM that has been authorised by the competent authorities;