Key Benefits:
Royal Decree 289/2003 of 7 March 2003 on the marketing of forest reproductive material, collected prior national legislation in the field and incorporated into national law the Community legislation integrated by Council Directive 1999 /105/EC of 22 December 1999 on the marketing of forest reproductive material, in which Council Directives 66 /404/EEC of 14 June 1966 on the marketing of forest products are repealed. the marketing of forest reproductive material and its modifications, as well as the Council Directive 71 /161/EEC on the external quality standards of forest reproductive material placed on the market in the community and their amendments.
Taking into account that forest reproductive material is decisive in reforestation programmes, it is appropriate that their production is subject to the same requirements as those required for their marketing.
having regard to the powers laid down in Law 43/2003 of 21 November 2003 on Montes, and in particular Article 54 on forest genetic resources, and in order to simplify the procedures which the Directorate-General for Natural Environment and Forestry Policy performs on the Register and the national catalogue of basic materials, it is appropriate to modify some aspects of the royal decree mentioned above.
In order to adapt the royal decree amended to Law 30/2006 of July 26, of seeds, nursery plants and plant genetic resources, especially in relation to the registration of producers, and to the basic organic structure of the Ministry of the Environment, and the Rural and Marine Environment.
This standard also responds to the need to establish an authorisation procedure allowing for the placing on the market, for a specified period, of forest reproductive material listed in Annex XII of the royal decree mentioned above to satisfy less stringent requirements, as well as to regulate the importation of third countries for the species referred to in that Annex. All this, in order to keep the production and marketing of forest reproductive materials up to date.
This royal decree has been submitted to the procedure for information on technical standards and regulations provided for in Directive 98 /34/EC of the European Parliament and of the Council of 22 June, as amended by the Directive 98 /48/EC of the European Parliament and of the Council of 20 July, which is incorporated into the internal legal order by Royal Decree 1337/1999 of 31 July.
In its preparation it has been submitted to the representative entities of the affected sectors and the autonomous communities.
In its virtue, on the proposal of the Minister of the Environment, and the Rural and Marine Environment, with the prior approval of the then Minister of the Presidency, in agreement with the State Council, and after deliberation by the Council of Ministers at their meeting on September 2, 2011,
DISPONGO:
Single item. Modification of Royal Decree 289/2003 of 7 March on the marketing of forest reproductive material.
Royal Decree 289/2003 of 7 March on the marketing of forest reproductive material is amended as follows:
One. Paragraph (j) and point 3 (k) of Article 2 shall be worded as follows:
"(j) Supplier: any natural or legal person professionally engaged in the production, marketing or import of forest reproductive material."
"k) 3. The Autonomous Communities shall communicate to the Ministry of the Environment, and the Rural and Marine Environment the competent authority on their territory, in order to inform the European Commission."
Two. Article 3 (3) is worded as follows:
" 3. The approval of the basic materials for the production of identified, selected, qualified and controlled forest reproductive material shall be carried out by the competent authority of the respective autonomous community, which shall communicate these basic materials to the Directorate-General for Natural Environment and Forestry Policy. "
Three. Paragraphs (a) and (b) of paragraph 3 and Article 6 (4) shall be worded as follows:
" (a) For those species whose area of distribution exceeds the territory of an autonomous community, prior to the report of the National Institute of Agricultural and Food Research and Technology and the competent organs of the Autonomous communities concerned, the Directorate-General for Natural Environment and Forestry Policy shall authorise the delimitation of the necessary regions of provenance to be defined by administrative, geographical and altitude limits. "
" (b) In the case of species whose area of distribution is exclusively included in the territory of an autonomous community, the delimitation and authorization of the regions of provenance shall be carried out by the competent authority of the the respective Autonomous Community, which will bring them to the attention of the Directorate-General for Natural Environment and Forestry Policy. "
"4) The Ministry of the Environment, and the Rural and Marine Environment will publish in the" Official State Gazette " the national catalogue of the regions of origin, which will include the situation maps of these regions. The Ministry shall send the above maps to the European Commission and to the other Member States, through the appropriate channel. "
Four. Article 7 is worded as follows:
" Article 7. National Register and National Catalogue of Base Materials.
1. The Directorate-General for Natural Environment and Forestry Policy, in collaboration with the competent bodies of the autonomous communities, will establish a national registry of the base materials of the species regulated by this royal decree, for the production of the identified, selected, qualified and controlled forest reproductive material.
This National Register shall contain the data set out in Annex X, relating to each admission unit with its unique registration reference, which shall be provided by the competent body of the respective Autonomous Community.
2. The Directorate-General for Natural Environment and Forestry Policy will draw up a summary of the national list referred to as national catalogue of basic materials, which will be published in the "Official State Gazette" and send to the European Commission, in accordance with the model laid down in Commission Regulation (EC) No 1597/2002 of 6 September 2002 laying down detailed rules for the implementation of Council Directive 1999 /105/EC as regards the format of the national lists of the basic materials of the forest reproductive material.
For the preparation of the aforementioned national catalogue the following data will be extracted from the register:
a) The botanical name of the species.
b) Category of forest reproductive material.
c) Target of forest reproductive material.
d) Type of base material.
e) Registration reference, identification code of the source material or code of the region of provenance.
f) Situation: location name and, according to category:
1. º For "identified material": region of provenance, province, municipal term, latitude and longitude or range of latitude and longitude, and, where applicable, number of public utility and/or number of cast.
2. º For "selected material": region of provenance, province, municipal term and geographical location, defined by latitude and longitude or range of latitude and longitude.
3. º For "qualified material": the exact position or geographical positions in which the base materials are maintained.
4. º For "controlled material": the exact geographic situation or situations in which the base materials are maintained.
g) Altitude or altitude strip.
h) Surface: extension of seed sources, stands or seed gardens.
i) Origin: it will be indicated whether the base materials are indigenous or indigenous, not indigenous or non-indigenous, or if their origin is unknown; for non-indigenous or non-indigenous base materials, the origin must be reported, if knows.
j) In the case of controlled materials, they must be indicated if they are genetically modified.
3. In order to be able to ensure, when necessary, the identification of the reproduction material from clones and mixture of clones, the Ministry of the Environment, and the Rural and Marine Environment will be responsible for the maintenance of a collection of reference of the clones admitted to the national catalogue of basic materials. To this end, the competent authority of each autonomous community shall supply at least ten ramets of each clone approved for the establishment of the said collection. "
Five. Article 10 (4) is worded as follows:
" 4. The requirements laid down in paragraph 2 (b) and (d) shall not be required in the case of small quantities of seed. The determination of the quantities and conditions is governed by Commission Regulation (EC) No 2301/2002 of 20 December 2002 laying down detailed rules for the application of Council Directive 1999 /105/EC as regards to the definition of small quantities of seeds.
In the case of the species referred to in Annex XII, small quantities of seed shall mean any quantity not exceeding the quantities laid down for each of the different species in Annex XIV of the present standard. "
Six. Article 12 (1), (2), (3), (4), (5), (8) and (9) are hereby worded as follows:
" 1. Based on the main activity they perform, the suppliers are classified into:
a) Producer: the one that performs the production activity and can additionally perform any of the other flagged for the suppliers.
b) Merchant: the one performing the import, storage or marketing or placing on the market.
As for the authorization and registration of producers and traders, it will follow the provisions of Law 30/2006, of July 26, of seeds, nursery plants and plant genetic resources and their regulation of development. "
" 2. The National Register of Seed and Plant Producers of Vivero, which is a subsidiary of the Directorate-General for Agricultural and Livestock Resources, will include all producers of forest reproductive material registered in the autonomous communities. "
" 3. Any producer who proposes the establishment, or in his case variation, of a field of mother plants for the production of forest reproductive material from a base material of type clones or mixture of clones shall apply to the competent authority of the respective autonomous community, in order to obtain the relevant authorisation.
The agency will draw up a register of the mother plant fields, which will be communicated to the Directorate-General for Natural Environment and Forestry Policy for the inclusion of their data in the National Register of Base Materials. "
" 4. The competent authority of the respective autonomous community shall ensure, by means of an official control system, that the reproductive material, from individual or batch intake units, remains clearly identifiable. throughout the process from collection to delivery to the final consumer. Official inspections of registered suppliers shall be carried out on a regular basis.
The official control system will be communicated to the Directorate General of Agricultural and Livestock Resources, which will bring it to the attention of the competent bodies of the rest of the autonomous communities. "
" 5. In order to ensure mutual administrative assistance between the Member States of the European Union and, in particular, when forest reproductive material is transferred from Spain to another Member State, the supplier shall communicate this to the the competent authority of the respective autonomous community, which shall, in turn, send duly completed to the Directorate-General for Agricultural Resources and Livestock the model of the information document set out in the Annex to Regulation (EC) No Commission Regulation (EC) No 1598/2002 of 6 September 2002 laying down detailed rules for the implementation of Council Directive 1999 /105/EEC as regards mutual administrative assistance between official bodies.
The rules for such mutual administrative assistance shall be established in accordance with the provisions of that Regulation. "
" 8. The said body shall send to the Directorate-General for Agricultural and Livestock Resources, in the first half of each year, a summary of the above declarations, concerning the previous marketing year, for the compilation of national statistics. '
" 9. Representatives of the Ministry of the Environment and the Rural and Marine Environment may accompany the experts of the European Commission and the representatives of the competent bodies of the Autonomous Communities in the cases where controls are carried out. on the ground, in particular to verify compliance with the requirements set out in this royal decree. "
Seven. Article 13 (2) is worded as follows:
" 2. In accordance with the provisions of Commission Regulation (EC) No 1602/2002 of 9 September 2002 laying down detailed rules for the application of Council Directive 1999 /105/EC as regards the authorisation of a Member State To prohibit the placing on the market of certain forest reproductive material, the Ministry of the Environment, and the Rural and Marine Environment, through the appropriate channel, will request the European Union to authorize prohibit the placing on the market of the final user, for sowing or planting, of specific reproduction in all or part of the territory, where one of the following conditions is present:
(a) That the use of these reproductive materials, due to their phenotypic or genetic characteristics, could have negative impacts on selvecon, the environment, genetic resources or diversity. genetics of the species in all or part of the Spanish territory, based on tests related to the region of provenance or origin of the material, or on the results of tests or scientific research carried out at the appropriate place, within or outside the European Union.
b) That, in the light of the known results of scientific trials or research, or of the results obtained from the forest practice on the survival and development of the plants as regards the morphological and physiological characteristics, the use of such reproductive material could have negative effects on selviculture, on the environment, on genetic resources or on the genetic diversity of species in the all or part of Spain. '
Eight. Article 14 is worded as follows:
" Article 14. Less severe requirements.
When temporary supply difficulties arise for the final consumers of forest reproductive material of the species that satisfy the requirements of this royal decree included in Annex I, and not can be overcome at European Union level, the Ministry of the Environment, and the Rural and Marine Environment, through the appropriate channel, on a proposal from the Directorate-General for Natural Environment and Forestry Policy or the competent bodies of the Autonomous communities, shall ask the European Commission, in accordance with the relevant Community procedure, authorisation to allow for the marketing, for a specified period, of forest reproductive material of one or more of those species which satisfy less severe requirements.
When temporary supply difficulties arise for the final consumers of forest reproductive material of species that satisfy the requirements of this royal decree included in Annex XII, on a proposal of the Autonomous Communities, and after favourable agreement of the Committee for the Improvement and Conservation of Forest Genetic Resources, will be authorized by the Ministry of Environment, and Rural and Marine the admission for marketing, for a period (a) of forest reproductive material of one or more of the above mentioned species that meet less severe requirements.
When such a measure is adopted, the labels and documents of the supplier required under Article 10.1 shall specify that the materials in question are "subject to less stringent requirements". "
Nine. Article 15 is worded as follows:
" Article 15. Imports from third countries.
1. It may be possible to import from third countries forest reproductive material intended for marketing, if it has previously been determined, by the Council of the European Union, that these materials offer the same guarantees as regards the acceptance of its basic materials and of the measures adopted for its production, which the reproductive material produced within the European Union, in accordance with Community rules.
2. As long as the provisions of paragraph 1 are not decided, the Ministry of the Environment, the Ministry of the Environment and the Rural and Marine Environment may accept the importation of the said materials, subject to authorization in accordance with the relevant Community procedure. Forest reproductive forests, provided that they offer, in all respects, guarantees equivalent to those of forest reproductive material produced in the European Union.
3. In the case of species referred to in Annex XII, the Ministry of the Environment, the Environment and the Rural and Marine Environment may authorise the importation of countries for the approval of the National Committee for the Improvement and Conservation of Forest Genetic Resources. third forest reproductive material intended for marketing, provided that they provide in all respects equivalent guarantees to those of the forest reproductive material produced in accordance with this royal decree.
In particular, such imported materials shall be accompanied by a standard certificate or an official certificate issued by the country of origin, indicating such guarantees, as well as the records with details. for all consignments to be exported, which shall be provided by the supplier of the third country. '
Ten. Article 16 is worded as follows:
" Article 16. Species exemption.
The Ministry of the Environment, and the Rural and Marine Environment, through the appropriate channel, may request from the European Commission, in accordance with the relevant Community procedure, the exemption, in whole or in part, of the compliance with the provisions of this royal decree with regard to certain forest species which are not important for use for forestry purposes. '
Once. Article 18 is worded as follows:
" Article 18. Sanctioning regime.
In the event of non-compliance with the provisions of this royal decree, the regime of infringements and penalties provided for in Law 30/2006 of 26 July, and Royal Decree 1945/1983 of 22 June, for which the regulate infringements and penalties in the case of consumer protection and agri-food production. "
Twelve. A fifth additional disposition is added, with the following content:
" Additional disposal fifth. Use of seeds by the producer himself.
Forest reproductive material intended for use by the producer himself must comply with the requirements laid down in Chapter II for production with a view to placing on the market, provided that the the quantity of seed used is higher than that provided for in Commission Regulation (EC) No 2301/2002 of 20 December 2002 or in Annex XIV to this standard. '
Thirteen. The second final provision is worded as follows:
" Final Disposition Second. Regulatory enablement and enforcement.
The Minister of the Environment, and the Rural and Marine Environment are empowered to dictate, in the field of their competences, the rules necessary for the application of the provisions of this royal decree. "
Fourteen. The third final provision is worded as follows:
" Final Disposition Third. Amendment of the Annexes.
1. Annexes XI and XIII may be amended by the Ministry of the Environment and the Rural and Marine Environment.
2. The Ministry of the Environment, and the Rural and Marine Environment may amend the Annexes not included in the previous paragraph, provided that the amendment is imposed by the Community legislation and is accommodated.
3. The amendment to Annex XII shall be made after the Committee for the Improvement and Conservation of Forest Genetic Resources has been required to report after the relevant consultations and on a proposal from the competent authorities. '
Fifteen. An Annex XIV, which is annexed to this Royal Decree, is added.
Single end disposition. Entry into effect.
This royal decree will enter into force on the day following its publication in the "Official State Gazette".
Given in Madrid, on September 5, 2011.
JOHN CARLOS R.
The Minister for the Environment, and the Rural and Marine Environment,
ROSA AGUILAR RIVERO
ANNEX
" ANNEX XIV
Small quantities of seed referred to in Article 10.4 for the species in Annex XII
|
| Quantity - (g) |
|---|---|
|
| |
|
Ilex aquifolium L. | 800 |
| 60,000 | |
| Juniperus communis L. | 200 |
|
Juniperus oxycedrus L. | 800 |
|
| |
| 200 | |
| 5,000 | |
| Phoenix canariensis Hort | 8,000 |
| Pinus uncinata Mill | 200 |
| 40,000 | |
| 30,000 | |
| Quercus faginea Lam | 40,000 |
|
40,000 | |
| 40,000 | |
| 40,000
Sorbus aria Crantz | 400 |
| Sorbus aucuparia L. | 80 |
| Tamarix gallica L. | 40 |
|
Taxus baccata L. | 1,000 |
| Tetraclinis articulata Masters | 200 |
| 150 | |
| Ulmus minor Mill | 150 " |
