Key Benefits:
Minister of Economy, Finance and Industry and Minister of Agriculture, Food, Fisheries and Rural Affairs,
In view of Council Directive 1999/105/EC of 22 December 1999 on the marketing of reproductive forest materials;
In view of Commission Regulation (EC) No. 1597/2002 on the modalities for the application of Council Directive 1999/105/EC with regard to the model of the national lists of basic materials for forest reproduction equipment;
Considering Commission Regulation (EC) No. 1598/2002 setting out the terms and conditions for the application of Council Directive 1999/105/EC with respect to mutual administrative assistance between official bodies;
Having regard to Commission Regulation (EC) No. 1602/2002 setting out the terms and conditions for the application of Council Directive 1999/105/EC with respect to the authorization granted to a Member State to prohibit the marketing of reproductive forest materials specified to the end user;
Having regard to Commission Regulation (EC) No. 2301/2002 on the terms and conditions for the application of Council Directive 1999/105/EC with regard to the definition of "low quantities of seeds";
Considering the forest code, book V, title V (legislative and regulatory parties);
In view of Decree No. 2003-971 of 10 October 2003 on the commercialization of reproductive forest materials and amending the forest code,
Stop:
The commercialization of registered reproductive forest materials in stock among suppliers on the date of entry into force of this Order is permitted under the following conditions.
1. For species previously regulated:
The commercialization of seed, seed and plant parts that have been granted a certificate of origin or accompanying document, except those referred to in paragraph 2.
For the particular case of plants and parts of common ash plants (Fraxinus excelsior L.) from seed harvested before September 1, 1999, the marketing deadline is September 1, 2004.
These reproduction forest materials are marketed in the new category of their basic equipment from the date of issuance of this Order.
The "master's certificate reference" section of the supplier document will be marked with the number of the certificate of origin issued during the collection of materials or the accompanying document number.
2. For breeding forest materials having received a certificate of origin or accompanying document and subject to reduced requirements in accordance with Council Directive 66/404/EEC of 14 June 1966 on the marketing of reproductive forest materials:
(a) Is authorized to commercialize in the category identified until 1 July 2011 reproduction forest materials from the following basic materials:
For the marine pine tree (Pinus pinaster Aït), the national forest regions, as defined by the nomenclature of the national forest inventory, included in the region from PPA 301, whose seed harvested after cutting was the subject of a terpedic analysis, to ensure that they are not from Iberian sources;
For the merisier (Prunus avium L.), the seed settlements and orchards located in France, whose crops realized prior to the issuance of this order were certified by an agent referred to in paragraph 2 of article R. 555-2 of the above-mentioned decree of October 10, 2003, the two seeds orchards of Lilienthal located in the Federal Republic of Germany, whose crops were marketed in France before the date
(b) is authorized to commercialize, until the depletion of, qualified class stocks of reproductive forest materials from the following basic materials:
For the European larch (Larix decidua Mill.), the seed orchards registered in the national register of the basic materials under the codes:
LDE-VG-02 (current name: Sudètes-Le Theil-VG) ;
LDE-VG-01 (current name: Sudètes-Cadouin-VG);
For the green douglas (Pseudotsuga menziesii Franco), the seed orchard registered in the national register of basic materials under the code: SME-VG-02 (current name: La Luzette-VG).
(c) It is authorized to commercialize, without reference to category, stocks of reproduction forest materials under item 2 and not referred to in paragraphs 2 a and 2 b.
For breeding forest materials referred to in paragraphs 2(a) and 2(b), the "master certificate reference" section of the supplier document must include the number of the certificate of origin issued in the collection of materials or the accompanying document number.
For forest reproduction materials referred to in paragraphs 2 (c), the reference to the master certificate of the supplier's document should refer to "28.3-1999/105/EC".
3. For species not previously subject to regulation:
(a) For a transitional period:
- until 1 July 2008 for seeds;
- until July 1, 2011 for plant and plant parts,
the non-category marketing of forest equipment for the reproduction of the species listed in the annex to this Order.
The "master's certificate reference" section of the supplier document should refer to "28.3-1999/105/EC".
(b) It is authorized to commercialize in a qualified category, until stocks have been exhausted, breeding forest materials derived from the hybrid orchard (Larix x eurolepis Henri), registered in the national register of basic materials under the code LEU-PF-001 (current name: FH 201 Lavercantière-PF), whose seeds have received a certificate of origin or accompanying document.
The "master's certificate reference" section of the supplier's document will have to include the number of the origin certificate issued during the collection of materials or the accompanying document number.
The Director of Economic and International Policy, the Director General of Competition, Consumption and Suppression of Frauds, the Director General of the Forest and Rural Affairs and the Director General of the National Forestry Board are responsible, each with regard to the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E
LIST OF ESSENCES NEWLY SUBMITTED TO REGULATION AND ON THE COMMERCIALIZATION OF STOCKS FOR TRANSITIONAL PERIOD
You can see the table in the OJ
n° 248 of 25/10/2003 page 18199 to 18200
Done in Paris on 24 October 2003.
Minister of Agriculture, Food,
and Rural Affairs,
Hervé Gaymard
Minister of Economy,
finance and industry,
Francis Mer
