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LAW OF THE REPUBLIC OF MOLDOVA

of March 10, 2022 No. 44

About production, realization and use of reforestation material

The Parliament adopts this organic law.

This law shifts:

- The directive No. 1999/105/EU of Council of December 22, 1999 about realization of reforestation material published in the Official magazine of the European Union by L 11 of January 15, 2000 from which are partially shifted: Article 5 concerning genetically modified organisms in sense of Items (1) and (2) Article 2 of the Directive No. 90/220/EES and Article 22 concerning the relevant phytosanitary conditions provided in the Directive No. 77/93/EES;

- Regulations (EU) No. 1597/2002 of the Commission of September 6, 2002 about establishment of rules of application of the Directive No. 1999/105/EU of Council concerning sample of national lists of the main materials intending for reforestation material published in the Official magazine of the European Union by L 240 of September 7, 2002;

- Regulations (EU) No. 2301/2002 of the Commission of December 20, 2002 about establishment of rules of application of the Directive No. 1999/105/EC of Council concerning determination of sense of expression "small amounts of seeds" published in the Official magazine of the European Union by L 348 of December 21, 2002;

- Articles 2, 4 and appendix II to the Decision No. 2008/971/EU of Council of December 16, 2008 about equivalence of the reforestation material made in the third countries, published in the Official magazine of the European Union by L 345 of December 23, 2008;

- Item 1 of the Recommendation No. 2012/90/EU of the Commission of February 14, 2012 about management on provision of information for the purpose of determination of batches of reforestation material and information which needs to be specified on the label or in the document of the supplier published in the Official magazine of the European Union by L 43 of February 16, 2012.

Chapter I General provisions

Article 1. Law scope

(1) Provisions of this law establish the measures connected with production, realization and use of reforestation material.

(2) Provisions of this law are not applied:

a) to the landing material or parts of plants intended for the purposes other than forestry purposes;

b) to the reforestation material which is traded on for creation of forest plantings on the sites located outside forest fund, and the forest plantings created not due to financing from special funds of the government budget.

(3) the Measures provided by this law do not extend to reforestation material which is intended for re-export to the states of the European Union and exporting countries which declare the same requirements to approval of the main material and production of reforestation material, as the Republic of Moldova.

Article 2. Basic concepts

For the purposes of this law the following concepts are used:

autochthonic forest stand or the autochthonic seed site - the forest stand reproduced naturally provided that the forest stands which were earlier existing on the same square consistently were reproduced in the same way naturally. It can be reproduced and is artificial, but when using the material received from the seed site or from the forest stand existing earlier on this square or from the adjoining seed site or autochthonic forest stand;

local forest stand or the local seed site - the autochthonic forest stand or the autochthonic seed site or forest stand or the seed site received artificially from seeds which source is located in the same region of origin;

small amount of seeds - any quantity which does not exceed the quantity established for different types in appendix 13;

The national catalog of the main materials for production of reforestation material - accounting at the national level of all units sources on categories, types and regions of origin, and also on forest genetic resources;

certification - confirmation by authorized person / representative of body of source/origin and quality of the reforestation material made for realization in the forestry and landscape purposes according to the categories specified in appendix 6, by national system or system of Organization for Economic Cooperation and Development;

realization of reforestation material - exposure to the sale/offer to sale of reforestation material, including delivery based on the service provision agreement;

the supplier - any physical person or legal entity working in the field of realization or import of reforestation material;

The national list of the main materials - the summary of the National catalog of the main materials for production of reforestation material;

batch of reforestation material - all reforestation material received from one unit source in one year of production;

the divided batch - amount of the reforestation material constituting part of lot which at some point is sold to the beneficiary;

the main material - resource for receipt of reforestation material;

reforestation material - the reproductive material coming from types of trees and their artificial hybrids of forestry and landscape value. The list of types of trees and bushes, and also artificial hybrids of forestry and landscape value is provided in appendix 1. Reforestation material is subdivided into the following categories:

a) the identified resource - the reforestation material coming from the seed site or from forest stand, being in one region of origin;

b) perfect - the reforestation material coming from the forest stand which is in one region of the origin which is selected on phenotypical signs at the level of population, conforming to the requirements provided in appendix 3;

c) qualified - the reforestation material occurring from plantations from parents of families, clones or mixes of clones which components are selected on phenotypical signs at the individual level, conforming to the requirements provided in appendix 4, without the need for the begun or complete testing;

d) tested - the reforestation material coming from forest stands from plantations, from parents of families, clones or mixes of clones among which he proved the superiority by means of comparative tests or cultures or by means of determination of superiority of reforestation material based on the calculated genetic assessment of components of the main material, conforming to the requirements provided in appendix 5;

source - the place of origin of reforestation material from which the forest stand was created. The source of forest stand or the seed site can be known or unknown. Source can be:

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