Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:
22 April 2004 (No. 413);
3 July 2007 (No. 470);
19 May 2009 (No. 451);
8 September 2009 (No. 1011).
If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.
Republic of Latvia
Cabinet
Regulation No. 648
Adopted 19 November 2003
Regulations Regarding Forest Reproductive Material
Issued pursuant to
Section 20 of the Law On Forests
I. General Provisions
1. These Regulations prescribe:
1.1. procedures for registration of the sources of acquisition (hereinafter – source) of forest reproductive material (hereinafter – material);
1.2. requirements for quality and certification of the material; and
1.3. procedures for the marketing and utilisation of the material (including genetically modified material).
2. These Regulations shall apply to the material intended for forest regeneration and establishment.
2.1 These Regulations shall not apply to material that is intended for export or re-export to a state, which is not a Member State of the European Union. Such material shall be produced separately from the rest of the material.
[22 April 2004]
3. The State Forest Service shall perform state supervision and control of compliance with these Regulations.
II. Procedures for Registration of Sources
4. The State Forest Service shall register only certified sources for the acquisition of materials of the following categories:
4.1. “source-identified” – material conforming to the following requirements:
4.1.1. material obtained in a specific region of acquisition (regions of provenance) (a region of provenance is the area or a group of areas subject to sufficiently uniform ecological conditions, and in which there are trees and stands with similar phenotypic or genetic characteristics);
4.1.2. material acquired from individual trees (individual trees are trees for seed collection located outside the stand or in various stands) or in a stand; and
4.1.3. the source conforms to the criteria and indicators specified in Annex 1 to these Regulations;
4.2. “selected” – material conforming to the following requirements:
4.2.1. material acquired in an individual region of provenance in a stand phenotypically selected (phenotype is an aggregate of all external and internal structures and functions or features and characteristics of an organism which may be studied and described according to methods of morphology, anatomy, biochemistry and physiology); and
4.2.2. the source conforms to the criteria and indicators specified in Annex 2 to these Regulations;
4.3. “qualified” – material conforming to the following requirements:
4.3.1. material acquired from:
4.3.1.1. a forest tree seed orchard (hereinafter – seed orchard) (a seed orchard is a plantation of selected clones or families which is isolated or managed so as to avoid or reduce pollination from outside sources, and maintained to produce frequent, abundant and easily harvested crops of seed);
4.3.1.2. parents of family (parents of family are trees from which progeny is obtained utilising controlled or open pollination – from one known parent, which is utilised as a female plant, it is pollinated with the pollen of one parent (full-sibling) or several known or unknown parents (half sibling));
4.3.1.3. clones (clones are trees obtained from a single individual by vegetative propagation);
4.3.1.4. clonal mixture (clonal mixture of individual clones in defined proportions);
4.3.2. components of the material are phenotypically selected at the individual level; and
4.3.3. the source conforms to the requirements specified in Chapter III of these Regulations;
4.4. “tested” – material conforming to the following requirements:
4.4.1. material is obtained from a stand, seed orchard, parents of family, clones or a clonal mixture; and
4.4.2. the superiority of the material has been determined in comparative plantations (in tests of progenies) by genetic evaluation of components of the source in conformity with the requirements specified in Chapter IV of these Regulations.
[22 April 2004]
5. In order to certify the sources, the owner or legal possessor thereof shall submit an application for certification of the source to the State Forest Service. The application shall include the information specified in Sub-paragraphs 9.1, 9.2, 9.3, and 9.4, Clauses 9.6.1 and 9.6.2, Sub-paragraphs 9.8, 9.9, 9.13 and 9.14 of these Regulations. The State Forest Service shall verify the referred to information and within 30 days of receipt of the application notify the owner or legal possessor of the source regarding the results of certification.
6. In order to certify the sources of acquisition of the material of the “selected”, “qualified”, “tested” categories, the owner or legal possessor of the acquisition source shall append to the application referred to in Paragraph 5 of these Regulations:
6.1. a scientifically substantiated opinion issued by the Latvian State Forestry Research Institute “Silava” regarding the justification of the purpose of use of the selected material and the conformity of the acquisition source to the criteria and indicators for “selected” category or to the requirements for certification of “qualified” or “tested” categories and the selected purpose of use of the material; and
6.2. for acquisition sources of “qualified” or “tested” category acquisition material – a scientifically substantiated identity characterisation of the components of the acquisition source, which is specified by a methodology, which ensures the possibility of certifying the material acquired from the acquisition source at any production stage.
[3 July 2007]
6.1 Expenditures, which are associated with the preparation of the opinion or characterisation referred to in Paragraph 6 of these Regulations shall be covered by the owner of the material in accordance with a mutual contract.
[3 July 2007]
7. If the material collected is intended for marketing, the owner or legal possessor of the source, at least 14 days prior to the planned harvesting period, shall submit an application for acquisition of material to the State Forest Service.
[19 May 2009]
8. If the acquisition source conforms to the requirements specified in Paragraph 4 of these Regulations and the quantity of the material to be acquired is not less than that specified in the application for acquisition of the material, the State Forest Service shall issue the confirmation for the acquisition of the forest reproductive material (hereinafter – confirmation).
[3 July 2007; 19 May 2009]
9. The State Forest Service shall register each certified source in the register of sources of forest reproductive material (hereinafter – register). The following information shall be specified in the register:
9.1. botanical name of the species;
9.2. type of source;
9.3. category of the material to be obtained;
9.4. purpose of use of the material (for example, traditional forestry);
9.5. identity code of the region of provenance;
9.6. location of the source:
9.6.1. name of the administrative territory;
9.6.2. section identity code of the State Forest Register;
9.6.3. geographical latitudinal and longitudinal range (for the “ source-identified” category) or geographic co-ordinates (for the “selected”, “qualified” and “tested” categories);
9.7. altitude or altitudinal range of the location of the source;
9.8. an area of a stand or seed orchard or an area where individual trees grow;
9.9. origin of the source:
9.9.1. autochthonous – a stand or individual trees have regenerated in a natural way or have been artificially regenerated from the material collected from the same individual trees or in the same stand, or the immediate vicinity thereof;
9.9.2. non-indigenous (non-autochthonous) – the origin of the stand or seed source is of another seed orchard;
9.9.3. indigenous – a stand or a seed source has been produced artificially from seeds the initial origin of which is of the same seed orchard;
9.9.4. unknown;
9.10. the numbers of the confirmations issued;
9.11. the following information regarding the material obtained:
9.11.1. the number of seed units (a seed unit is cones, infructescenses, fruits and seeds intended for the production of planting stock (a planting stock is seedlings and plants raised from seeds or parts of plants, as well as wildings – self-sown seedlings));
9.11.2. the quantity of parts of plants (parts of plants are stem, branch, leaf and root cuttings, ex-plants or embryos for micro-propagation, as well as buds, layers, roots, scions and any parts intended for utilisation in production of the planting stock) or quantity of material lots (a material lot is the specified quantity of material obtained from one source in one season or at once or from one material lot or any part thereof during the production process);
9.12. the numbers of all the certificates of origin of the material (hereinafter – certificate) issued;
9.13. information specified in Chapters III and IV of these Regulations characterising the source for acquisition of material of the “qualified” or “tested” categories;
9.14. an indication whether the source contains genetically modified organisms;
9.15. source of acquisition registration number.
[22 April 2004]
10. The State Forest Service shall delete any sources from the register if during an inspection it is determined that such sources do not comply with the requirements specified in Paragraph 4 of these Regulations, and within 30 days notify the owner or the legal possessor of the source thereof.
11. The following regions of provenance (Annex 3) have been specified in relation to the acquisition sources, which are intended for the acquisition of material of the “source-identified” and “selected” categories for indigenous tree species of importance (Annex 2.1):
11.1. Scots pine – Western and Eastern region of provenance. The border between the Western and Eastern region: from the border of Latvia-Lithuania along the River Mūsa until the River Lielupe, along the River Lielupe until the Gulf of Riga;
11.2. Norway spruce – Western, Central and Eastern region of provenance. The border between:
11.2.1. the Western and Central region: from the border of Latvia-Lithuania along the motorway P89, P90 and A5 until the River Daugava (Riga’s Hydroelectric Power Plant), along the River Daugava until the Gulf of Riga;
11.2.2. the Central and Eastern region: from the border of Latvia-Byelorussia along the River Asūnīca until Dagda, from Dagda along the motorway P60 until Aglona, from Aglona along the motorway P62 until Preiļi, from Preiļi along the motorway P58 until Viļāni, from Viļāni along the River Malta until Lake Lubāns, from Lake Lubāns along the River Aiviekste until the River Pededze, along the River Pededze until the border of Latvia-Estonia-Russia; and
11.3. Silver birch and White birch – Western and Southern region of provenance. The border between the Western and Eastern region: from the border of Latvia-Lithuania along the motorway P89, P90 and A5 until the River Daugava (Riga’s Hydroelectric Power Plant), along the River Daugava until the Gulf of Riga.
[3 July 2007; 19 May 2009]
11.1 The Ministry of Agriculture shall inform the European Commission and the Member States of the European Union regarding the specified regions of provenance for acquisition of material.
[22 April 2004]
12. The State Forest Service shall prepare a summary regarding the acquisition sources certified and registered in the territory of Latvia. The summary of the register shall be available for the public on the Internet website of the State Forest Service.
[19 May 2009]
12.1 Upon the request of the European Commission or the Member States of the European Union, the State Forest Service shall send the list referred to in Paragraph 12 of these Regulations.
[22 April 2004]
III. Certification Requirements for Sources Intended for Acquisition of the “Qualified” Category of Material
13. Certification requirements for seed orchards shall be as follows:
13.1. the State Forest Service shall approve and register the type of the seed orchard, the purpose of use, the isolation and location, the crossing design for components (clones, families), the layout and number, as well as changes related to the referred to information;
13.2. the changes related to the location and number of the components of the seed orchards shall be approved and registered by the State Forest Service in at least one of the following cases:
13.2.1. if the content of the components represented in the seed orchard changes;
13.2.2. if the proportion of components represented in the seed orchard changes by at least five percent;
13.2.3. if the number of components represented in the seed orchard changes by at least 10 per cent;
13.3. the components of the seed orchards (clones, families) shall comply with the criteria and indicators of the material of the “selected” category. In order to ensure genetic diversity of the material, the minimum number of clones shall be 50, the minimum number of families – 20, and each of them shall be represented by at least 10 progenies;
13.4. the components of the seed orchards (clones, families) shall be planted in conformity with a plan co-ordinated with the State Forest Service. Each component shall be identifiable in nature;
13.5. the components of the seed orchards (clones, families) shall be thinned out in accordance with a thinning-out plan approved by the State Forest Service in conformity with the type and the purpose of use of the seed orchard; and
13.6. the seed orchard shall be managed and seeds shall be harvested in conformity with the purposes of use of the seed orchard. In seed orchards intended for the production of artificial hybrids the proportion of hybrids in the material shall be determined by the means of verification method co-ordinated with the State Forest Service.
[19 May 2009]
14. Certification requirements for parents of family (families) are as follows:
14.1. parents shall have high combining ability (combining ability is the ability of parents to produce progenies of increased productivity in crossings) and they shall conform to the relevant criteria and indicators referred to in Annex 2, Paragraphs 4, 6, 7, 8, 9 and 10 of these Regulations;
14.2. the State Forest Service shall approve and register the utilisation objectives, crossing method and pollination system of the parents, components, isolation and location thereof, as well as any changes related to the referred to information;
14.3. the State Forest Service shall approve and register the identity, number and proportion of parents in a mixture; and
14.4. if the parents are intended for the production of artificial hybrids, the proportion of hybrids in the material shall be determined by a verification method co-ordinated with the State Forest Service.