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PRESENT PROBLEMS IN THE LEGISLATION OF FOREST REPRODUCTIVE MATERIALS AND THE NEED FOR HARMONIZATION OF RULES AT AN INTERNATIONAL LEVEL 1

by

Hans-J. Muhs, Institut für Forstgenetik und Forstpflanzenzüchtung
Sieker Landstrasse 2, D-2070 Grosshansdorf 2, Germany

CONCLUSIONS FROM THE FINAL DISCUSSION AND THE TECHNICAL SESSION

A. The participants agreed to the following conclusions:

  1. Harmonization of both sets of (European) international rules (OECD-Scheme and EEC-Directive 66/404 and its amendments) should be of primary importance when considering future amendments in these. The technical terms should be used with an identical meaning, and certificates and labels should give the same information. The categories may differ in number but should not do so as concerns definitions.

  2. Selection and breeding of new varieties has been advancing in the last decades, and the consumer should be given the opportunity to make full use of these new varieties. If these cannot be marketed as “tested reproductive material”, a new category could be introduced in both sets of international rules, which was preliminarily named as “genetically improved reproductive material, with predicted gains” (“predictably genetically improved reproductive material”).

  3. The marketing of vegetatively propagated material, clones as well as bulked material, needs to be regulated for all species. Certification should be aimed at providing the consumer with additional information about propagation method used, for instance through the categories: in vitro propagated plants, cuttings, plants derived from somatic embryogenesis. Additional information on the basic material such as, for instance, test results, description of test sites, and pedigree in the case of new breeds, should be made routinely available to the customer.

  4. To promote the marketing of clonally propagated material, clonal identification methods are needed urgently; this should include data on phenological, morphological, biochemical and genetic traits. Although a number of such methods have been established, only a limited number of clones can be to date distinctly identified. Practical limitations in clonal identification may result in a lower number of clones being marketed. This effect is unwanted. It is recommended to cooperate in international research on the development of identification methods.

  5. Developing countries have become increasingly active in tree planting, and their demand for reproductive material is increasing. The OECD-Scheme may serve as a model for establishing national rules, and has already done so, in some cases. Membership should be open to countries which may adopt the scheme. The special conditions which may prevail in forestry in these countries should be remembered when amending the OECD-Scheme.

  6. The participants of the present Workshop are concerned over the fact that biological processes and products may become the subject of patents; this is already in practice in the United States of America and may be adopted in Europe by revision of the European Patent Act. The impacts of such patenting procedures on production, availability and breeding of forest reproductive material is not predictable. To protect breeders' rights the UPOV convention for the protection of plants (International Union of New Varieties of Plants) seems to be better adapted to forestry.

  7. The implementation of EEC-Directives on seed certification and trade in the EEC-member countries has reached varying levels because of national differences in forestry and especially because new members have not yet had the time to implement the directives fully. Therefore, before amending the EEC rules, it is important to be informed about the stage of implementation in each member country. Such information should be collected and analysed.

  8. EEC-Directive 71/161, which deals with regulations on external quality standard, does not have a corresponding directive within the OECD-Scheme. The actual implementation of these EEC rules causes some problems, for instance to meet the requirements for seed purity, identification of seeds of related species, etc. It was questioned whether external quality standards should be subject to such detailed directives, especially as customs and quarantine rules have developed which regulate this more efficiently. Revision of these directives should be considered.

  9. The participants proposed to consider the need to conserve forest genetic resources when amending both sets of international rules. Although it is realised that this is not the main purpose of the rules, these rules should not contradict the aim to maintain a high level of genetic diversity. Furthermore, silvicultural practices are being developed in many areas aimed at meeting site conditions more accurately than before. Specific reproductive materials may not always be available through international trade. This should also be considered.

  10. Breeding methods develop rapidly; EEC and OECD international rules should not be an obstacle for such development.

  11. To be able to implement the EEC rules, there is an urgent demand for research. The planned amendments imply the need for even more research activities. Therefore the EEC Commission should help member countries to carry out the necessary research by increasing financial support to such activities.

B. Technical Session

  1. The Chairman, Dr. Hans-J. Muhs (Germany), and the Co-Chairman, Dr. Peter Krutzsch (Sweden), were re-elected for a second term.

  2. The next workshop is planned to be held in Nairobi, Kenya.

    1. Preliminary topics: (1) the OECD-Scheme and the developing countries: importance and implementation of the Scheme; and (2) the importance of ISTA (International Seed Testing Association) in establishing seed quality standards of tropical forest tree species.

    2. Local organization: Kenya Forestry Seed Centre Proposed date: February 1992

Note from the Editor:

The Proceedings of the above meeting will be available in late 1991 and can be obtained from Dr. J. Nather, FBVA, Institut für Waldbau Seckendorff-Gudent-Weg 8, A-1131 Vienna, Austria (Price about 250 Austrian Schillings).

At the last Biennal Meeting of the OECD Scheme for the Control of Forest Reproductive Material Moving in International Trade, held in Paris, 11– 13 February 1991, it was proposed to establish an Expert Group on the harmonization of the OECD and EEC Schemes on forest reproductive materials. This group was constituted on the occasion of the above IUFRO meeting in Gmunden, Austria. The members of the group are as follows:

H.J. Muhs, Germany (chairman)
J. Nather, Austria
A. Nanson, Belgium
R. Mangold, United States
D. Terrason, France
P. Krutzch, Sweden
A. Scharpé, EC
G. Bonnis, OECD (Secretariat)
The Group will prepare the following proposals:

The Expert Group will prepare a comprehensive proposal aimed at revising the OECD Scheme from the scientific, market and regulatory points of view. This proposal will be presented to the OECD Biennial Meeting in February 1993.

1 Text adapted from Report on the Workshop of IUFRO Working Party S2.02.21, held at Gmunden and Vienna, 10–14 June 1991


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