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DECISIONAGRICULTURE
Decision of the Council establishing the OECD Scheme for the Certification of Forest Reproductive Material Moving in International Trade
20 June 2007 - C(2007)69
Amended on
16 October 2008 - C(2008)120
15 December 2010 - C(2010)111/REV1
2 March 2011 - C(2011)17
2 March 2011 - C(2011)16
10 April 2012 - C(2012)51
15 July 2013 - C(2013)30
22 September 2014 - C(2014)105
Technical Amendment
2 October 2015 - TAD/CA(2015)11
Amended on
20 October 2016 - C(2016)129

THE COUNCIL,

Having regard to Article 5a) and c) of the Convention on the Organisation for Economic Co-operation and Development of 14 December 1960;

Having regard to the Decision of the Council of 5 March 1974 Establishing an OECD Scheme for the Control of Forest Reproductive Material Moving in International Trade [C(74)29(Final)] as amended on 19  March 1991 [C(91)21/FINAL], 20 December 2001 [C(2001)268 and C/M(2001)26] and 7 February 2007 [C(2007)3 and C/M(2007)3];

On the proposal of the Committee for Agriculture;

I.   DECIDES:

1.   The OECD Scheme for the Certification of Forest Reproductive Material Moving in International Trade (hereinafter abbreviated to the "OECD Forest Seed and Plant Scheme" or "the Scheme") shall be operated in accordance with the provisions of this Decision and on the basis of the Rules and Directions set out in Annex thereto.

2.   The States which, at the adoption of the present Decision, participate in the Scheme established by the Decision of the Council of 5 March 1974 establishing an OECD Scheme for the Control of Forest Reproductive Material Moving in International Trade [C(74)29(Final)] as amended (hereafter called "former Scheme") will participate in the OECD Forest Seed and Plant Scheme.

3.   The Scheme shall be:

a)   open to all Members of the OECD as well as to any Member of the United Nations, its Specialized Agencies or the World Trade Organisation desiring to participate therein in accordance with the procedure for participation set out in Appendix V of Annex to this Decision;

b)   implemented by the Authorities designated for that purpose by, and responsible to, the Governments of the States adhering to the Scheme (hereinafter called the "participating States" or "participating State", as the case may be).

4.   Any time the words "country" or "State" are used in the Decision and its Annex, it shall read as "country and economy" or "State and economy".

5.   A State desiring to adhere to the OECD Forest Seed and Plant Scheme shall notify the Secretary-General, who shall inform the other participating States accordingly.

6.   The participation of a State in the Scheme obliges it (as concerns each lot of forest reproductive material labelled in the country according to the Scheme) to take the necessary measures to apply the Rules and Directions in Annex of the present Decision and to ensure their application by the Designated Authority.

7.   The Scheme specifies minimum requirements which may be exceeded by a country based on individual circumstances. In the case of more stringent national requirements for the same category, it is recommended that OECD certified reproductive material shall meet the same requirements.

8.   A participating State desiring to lodge a complaint concerning non-execution of the aforementioned obligations may bring the matter before the Organisation. The complaint shall be examined by the Committee for Agriculture which shall report to the Council.

9.   The participating States may apply the Scheme to forest tree species, types of basic material and categories of their choice within the framework of the Scheme. A list of these species, types of basic material and categories must be made available to the Secretariat of the OECD.

10.   Annual contribution

10.1   Expenditures required for the functioning of the Scheme shall be defrayed from appropriations under Part II of the Budget of the Organisation.  Each country participating in the Scheme agrees to the payment to the OECD of an annual contribution which is the sum of the following two elements:

• A basic fee of 762.25 € (Euros);

• An additional fee applied to each participating country (OECD Members and non-members) calculated according to the criteria set out in the Resolution of the Council [C(63)155(Final)] as amended.

10.2   The contribution is adjusted annually according to the level of expenditures required for the functioning of the Scheme and according to the change in price index and scales used in the Organisation's budget procedures. The annual contribution of a new participating country shall remain a net addition to the budget of the Scheme. The Secretariat shall report any default in payment to the National Designated Authorities which shall take all appropriate measures, including reviewing the status of the participating country.

10.3   A participating country shall fall into arrears on 1 January of the year following the year of the call for the payment of the annual contribution (basic fee and additional fee) if the fees remain unpaid at that date. In this first year of arrears no documentation shall be sent to the country. In the second year of arrears, the basic material existing in the country (forest stands and others) shall no longer be eligible for producing OECD certified reproductive material and the corresponding information will be removed from the OECD database. In the third year of arrears, the country shall be duly notified of a proposal to exclude it from participation in the Scheme. The decision of exclusion shall be adopted by the Council, on the proposal of the Annual Meeting of the National Designated Authorities and of the Committee for Agriculture, unless the Council decides by consensus not to adopt the decision. The decision of exclusion shall be notified to the country.

10.4   Settlement by the country in arrears of the debt in the first or the second year shall reverse all the measures previously taken. Settlement of the debt in the third year and reversal of all the measures previously taken shall be subject to a decision by the Annual Meeting of the National Designated Authorities based on the results of an evaluation mission at the expense of the participating country in arrears, in accordance with the conditions for the admission procedure for a new country provided for in Annex to the Decision, Appendix V. Participants and Observers to the Scheme shall be notified of all developments associated with the implementation of this procedure.

10.5   The present procedure shall apply as of 1 January 2007, and apply to arrears due for 2006 and successive years. Arrears of the contributions due for one or more years before 2006 shall be subject to separate settlement with the Organisation.

11.   Seed collected before the adoption of the present Decision can be allowed by the Designated Authority to be marketed under the former Scheme until exhaustion of the stocks previously accumulated. For plants raised from such seed, the period may be extended for five years.

II.   INSTRUCTS the Committee for Agriculture to report to the Council, when it considers it appropriate, on the operation of the OECD Forest Seed and Plant Scheme, and to submit to the Council, where necessary, any proposal for modifying that Scheme.

III   AUTHORISES the Committee for Agriculture to decide on any technical amendments to the Appendices of the OECD Scheme for the Certification of Forest Reproductive Material moving in International Trade. These amendments shall then be transmitted to the Council for information.

IV.   DECIDES:

This Decision replaces the Decision of the Council C(74)29(Final) and its subsequent amendments referred to above, which are hereby repealed.


ANNEX    

TABLE OF CONTENTS

INTRODUCTION

DEFINITIONS

RULES OF THE SCHEME

GENERAL

Rule 1. CATEGORIES OF FOREST REPRODUCTIVE MATERIAL

Rule 2. DELINEATION OF REGIONS OF PROVENANCE

Rule 3. APPROVAL OF BASIC MATERIAL

Rule 4. REGISTRATION OF APPROVED BASIC MATERIAL

Rule 5. PRODUCTION OF REPRODUCTIVE MATERIAL FOR ALL CATEGORIES

Rule 6. INSPECTION, SEALING AND LABELLING OF REPRODUCTIVE MATERIAL

Rule 7. METHOD OF OPERATION OF THE SCHEME

APPENDIX I. MINIMUM REQUIREMENTS FOR THE APPROVAL OF BASIC MATERIAL INTENDED FOR THE PRODUCTION OF REPRODUCTIVE MATERIAL TO BE CERTIFIED AS SOURCE-IDENTIFIED

APPENDIX II. MINIMUM REQUIREMENTS FOR THE APPROVAL OF BASIC MATERIAL INTENDED FOR THE PRODUCTION OF REPRODUCTIVE MATERIAL TO BE CERTIFIED AS SELECTED

APPENDIX III. MINIMUM REQUIREMENTS FOR THE APPROVAL OF BASIC MATERIAL INTENDED FOR THE PRODUCTION OF REPRODUCTIVE MATERIAL TO BE CERTIFIED AS QUALIFIED

APPENDIX IV. MINIMUM REQUIREMENTS FOR THE APPROVAL OF BASIC MATERIAL INTENDED FOR THE PRODUCTION OF REPRODUCTIVE MATERIAL TO BE CERTIFIED AS ‘TESTED

APPENDIX V. SPECIMEN CERTIFICATE OF PROVENANCE FOR REPRODUCTIVE MATERIAL DERIVED FROM SEED SOURCES OR FROM STANDS

APPENDIX VI. SPECIMEN CERTIFICATE OF IDENTITY FOR REPRODUCTIVE MATERIAL DERIVED FROM SEED ORCHARDS OR PARENTS OF FAMILY/IES

APPENDIX VII. SPECIMEN CERTIFICATE OF IDENTITY FOR REPRODUCTIVE MATERIAL DERIVED FROM CLONES OR CLONAL MIXTURES

APPENDIX VIII. SPECIFICATIONS FOR THE OECD LABEL

APPENDIX IX. CERTIFICATE NUMBERS FOR LOTS OF CERTIFIED REPRODUCTIVE MATERIAL

APPENDIX X. PROCEDURE FOR THE EXTENSION OF THE OECD SCHEME FOR THE CERTIFICATION OF FOREST REPRODUCTIVE MATERIAL MOVING IN INTERNATIONAL TRADE TO NON-MEMBERS OF THE OECD

APPENDIX XI. COMPLEMENTARY DEFINITIONS RELATED TO THE OECD FOREST SEED AND PLANT SCHEME

INTRODUCTION

1.   The object of the OECD Scheme for the Certification of Forest Reproductive Material Moving in International Trade, hereinafter called "the OECD Forest Seed and Plant Scheme” or “the Scheme", is to encourage the production and use of seeds, parts of plants and plants that have been collected, processed and marketed in a manner that ensures their trueness to name. Forest Reproductive Material covered by the Scheme and marketed under OECD certification is primarily intended for use in forestry and agroforestry. Forestry and agroforestry have multifunctional purposes. They can produce different services (e.g. erosion control, biodiversity, water infiltration, carbon storage, etc.) and goods (e.g. wood, fruit, gum, resin, cork, etc.). The propagation material for agricultural fruit plantations[1] is excluded from this Scheme.

2.    Due to the length of forest cycles and to the cost of plantations and long-term forest investment, it is essential that foresters get fully reliable information on the origin and on the genetic characteristics of the Forest Reproductive Material they will use in plantation. This Scheme meets that need by means of certification and traceability.

3.   The Scheme has a major role in helping world forests adapt to changing climatic conditions. Emphasis should be made on preserving species diversity, and ensuring high genetic diversity within species and seed lots thereby enhancing the adaptive potential of forest reproductive material for future reforestation and afforestation.

4.    The Scheme recognizes the interest and responsible use of biotechnology to provide for forest tree improvement. The administration of this Scheme builds on the mandatory respect of National Laws and Regulations regarding biotechnology safety. Hence it is up to the Members whether they choose to deregulate trading of biotechnology products following specific assessment or require that a biotechnology product be authorised for any intended use and identified as such. In this context, when a Member country deregulates a biotechnology product, some countries may request additional information on this biotechnology product beyond the OECD Certificate and Label at the import stage, in compliance with National Regulations.

5.   Under the Scheme, reproductive material falls into four categories. These categories are applied to the reproductive material which is derived from approved basic material. Basic material is given approval by the Designated Authority.

6.   There are four categories recognised in the Scheme under which reproductive material can be certified, namely:

Source-identified
This is the minimum standard permitted in which the location and altitude of the place(s) from which reproductive material is collected must be recorded; little or no phenotypic selection has taken place.

Selected
The basic material must be phenotypically selected at the population level.

Qualified
The components of the basic material have been selected at the individual level; however evaluation may not have been undertaken or completed.

Tested
The superiority of the reproductive material must have been demonstrated by comparative testing or an estimate of its superiority calculated from the genetic evaluation of the components of the basic material.

7.   There are six types of basic material recognised in the Scheme from which reproductive material can be collected, namely: Seed source, Stand, Seed Orchard, Parents of Family/ies, Clone and Clonal Mixture.

dEFINITIONS[2]

The terms used in the Scheme will be interpreted as follows:

Forest Reproductive Material

Reproductive material of genera and species of forest trees and shrubs. It includes:

• Seeds:
Cones, fruits and seeds that are intended for the production of plants.

• Parts of plants:

Stem-, leaf- and root-cuttings, buds, scions, layers and any parts of a plant which are intended for the production of plants.

• Plants:
Plants raised by means of seeds or parts of plants; also includes plants from natural regeneration.

Basic Material

Trees from which reproductive material is obtained. The six types of basic material eligible under the Scheme are:

• Seed Source:
Trees within an area from which seeds are collected.

• Stand:
A delineated population of trees possessing sufficient uniformity.

Autochthonous stand