Official Report: Minutes of Evidence

The Deputy Chairperson (Mr Brooks): I welcome John Joe O'Boyle, chief executive officer of the Forest Service, an executive agency of DAERA, and Charmaine Beer, head of the plant health division in DAERA. I ask that you both brief the Committee.

Dr Aiken: Chair, I have a declaration of interest: John and I were talking about bees just the other day.

Mr John Joe O'Boyle (Department of Agriculture, Environment and Rural Affairs): Good morning, Chair and Committee members. Charmaine and I thank you for the opportunity to brief the Committee on regulation (EU) 2026/1392 of the European Parliament and of the Council of 20 May 2026 on the production and marketing of forest reproductive material, known as the FRM regulation. We understand that the Committee has received an updated copy of DAERA's assessment of the impact of the regulation, and the explanatory memorandum (EM), dated 30 June 2026, which was prepared by the Department for Environment, Food and Rural Affairs (DEFRA). I will hand over to Charmaine, head of the plant health division, to present her evidence, following which we will be happy to take members' queries or questions.

Ms Charmaine Beer (Department of Agriculture, Environment and Rural Affairs): This regulation amends regulations (EU) 2016/2031 and (EU) 2017/625 and repeals Council directive 1999/105/EC. It would apply from 17 July 2031. I will give you an overview of forest reproductive material and the current Northern Ireland position, along with a summary of the scope and impacts of the new regulation.

The new regulation maintains the previous principle of approval and certification but modernises the 1999 FRM framework to consider climate change challenges, enhanced biosecurity and technological advances. It retains much of the previous system, which is based on international standards. The EU will also introduce further implementing in the delegated acts. Forest reproductive material includes seeds, parts of trees and planting stock used to grow and plant new trees for forestry purposes. The production and marketing of FRM in Northern Ireland is overseen by DAERA plant health division in Forest Service. Forest reproductive material that is placed on the market must be produced from approved "basic" material, meaning that the source of the material can be verified and is selected for superior characteristics, such as morphology, wood quality, health and resistance. New characteristics that will now be considered include adaptation of the material to local climatic and ecological conditions and its freedom from pests and their symptoms.

Northern Ireland has a small number of sites in Derry, Down and Armagh that produce basic material, with four stands and two seed orchards, all of which Forest Service manages for FRM on behalf of DAERA. In 2025, 32 master certificates, which are required for the collection of FRM, were issued by DAERA to four organisations in Northern Ireland: Magilligan Tree Nursery, the Conservation Volunteers, Forest Service and Mourne Heritage Trust, resulting in the collection of under 300 kg of material. That collected material is usually for organisations to develop and grow their own material for planting, not for wider marketing purposes. Only 29 FRM suppliers who can harvest or market FRM are registered with DAERA, and figures show that activity is low. Currently, most of the FRM planted in Northern Ireland is imported from authorised suppliers in the Republic of Ireland.

The new regulation extends the definition of FRM from the previously unspecified forestry purposes to intended use for afforestation, reforestation, diversification of a forest plot and other tree planting and direct seeding. Agroforests and hedgerow planting are excluded. The number of species has been increased with the new regulation. However, not all of the additions are grown in the UK. Therefore, it is not anticipated that the additional species will have a significant impact on operators in Northern Ireland. Specific provisions on the official controls for FRM are included in the regulation for requirements to comply with plant health rules concerning official control of pests and their associated risks. Those requirements already exist but are now explicitly included in the regulation to ensure consistency with other EU acts concerning the production and marketing of plants.

With regard to professional operators wishing to market FRM, lots must now be accompanied by an official label, authorised by DAERA, that confirms that the lot meets quality requirements. DAERA can issue those or authorise operators to print their own. The regulation will provide operators with the ability to combine the official label with the EU plant passport for movement of FRM. The creation of that combination will reduce administrative and labelling burdens for operators. Record-keeping requirements under the new regulation are for 10 years rather than five years.

The finalised regulation includes voluntary options for member states to devise a contingency plan for supply of FRM for their own territory to reforest areas affected by extreme weather events, wildfires, pest outbreaks, disasters or any other extreme event. Initially, the proposal was for that to be mandatory. The new option is not expected to be required as Forest Service has a good supply of FRM and contingencies in place. That will be kept under review as further information comes forward through the EU's implementing and delegated acts.

The regulation sets out that FRM may be imported from a third country provided that it fulfils requirements equivalent to those applicable to FRM produced and marketed within the European Union. This is a continuation of previous regulation and requires the third country to participate in the Organisation for Economic Co-operation and Development (OECD) scheme for the certification of forest reproductive material moving in international trade, which GB does. It is therefore not anticipated that there would be divergence between certification standards in GB and NI.

There is also a new requirement on member states to report every five years to the Commission on aspects relating to FRM, including the annual quantities of FRM produced, the volume imported and details of any contingency plans. Officials will be required to evaluate and approve basic material against a wider criterion that is based on climate adaptation, pest resistance and ecological stability. The requirements will not be particularly burdensome or costly for DAERA to comply with, given the small volume of FRM being produced and marketed here and the recording processes that are already in place.

Subsequently, DAERA's assessment of this published regulation is that it is likely that it will not have a significant impact specific to the everyday life of communities in Northern Ireland in a way that is liable to persist. Likewise, should the regulation not be applied in Northern Ireland, it will not have a significant impact specific to the everyday life of communities in Northern Ireland in a way that is liable to persist. However, if it is not applied, there is potential that Northern Ireland-produced FRM could in the future be considered unsuitable or lacking in quality assurance, and that could impact on trade and exports, even though those are currently minimal. It could also result in poor material or material unsuitable for the Northern Ireland environment being imported or received, which could curtail the ability to demonstrate meeting the UK forestry certification standard. The standard states that it is a legal requirement to comply with FRM regulations and, as such, is required for Northern Ireland forestry activity, including tree planting under DAERA grant aid.

The UK Government's assessment indicates that, without the EU's implementing and delegated acts, there cannot be a full analysis of the impact of some changes until the acts and details are available. The regulation refers to those future pieces of legislation and indicates that the Commission may make implementing acts, including those for setting out the format and processing of labelling, the use of electronic forms, requirements for voluntary contingency plans and outlining authorisation procedures.

The previous EU directive, 1999/105/EC, which this regulation repeals, was transposed and retained in GB law prior to EU exit. The UK Government stated in their explanatory memorandum that it is unlikely that there will be divergence between certification standards as those are largely based on the international standards.

As the regulation will not come into effect for five years, DAERA and DEFRA will monitor the EU's implementing and delegated acts and will engage closely with stakeholders to plan for full implementation and any further resourcing requirements.

Thank you for hearing our evidence, and, of course, we are happy to take any questions that you may have.

The Deputy Chairperson (Mr Brooks): Thank you for the presentation. First, we will hear from Steve.

Dr Aiken: I have just a couple of questions to go through some bits and pieces.

The UK Government's EM says:

We see replanting of commercial forests in places such as Ballyboley, where you can see packages left all over the place and everywhere littered with stuff from the ROI. Are there any other areas in Northern Ireland, given the focus on native species and all the rest of it, where organisations other than Forest Service are generating FRM?

Mr O'Boyle: Most of the trees used in Northern Ireland for planting sites come from suppliers that are already required to have verification and to meet standards associated with where the trees have come from etc. They come in from those registered suppliers. Some come from GB and some from the ROI, and most have to meet the requirements of, for example, the forestry grant schemes for planting. Those grant schemes require the FRM standards to be in place.

Dr Aiken: You said that there would not be a significant cost for all of the extra labelling. I have read some of the information: there will be specific labels with QR codes and that type of stuff. You do not think that that will be a significant cost.

Ms Beer: There are two options on the labelling. The operator can print the labels. A lot of businesses do that regularly for all sorts of requirements that already exist. DAERA can also print the labels on their behalf.

Dr Aiken: I am aware that local government gets a lot of its stuff from Northern Ireland nurseries, including some in my South Antrim constituency. There is a big market in providing trees, hedging and that sort of thing. Due to the fact that they are in Northern Ireland and are using a native species — a local species — they will not have to comply with these rules and regulations. Is that correct?

Ms Beer: It depends on what they are being planted for. Hedgerows and so on are excluded, but, if it is within forestry — woodland —.

Dr Aiken: The key is 0·2 hectares.

Ms Beer: It is around that.

Dr Aiken: They have to comply if it is anything bigger than that but not for anything smaller.

Ms Beer: This regulation clarifies certain things. Various member states were applying different definitions of "forestry purposes", so they have put more definition to this regulation to make sure that that role is applied more uniformly across member states.

Dr Aiken: Are we growing enough native tree species in Northern Ireland to enable reforestation, replanting and so on?

Ms Beer: Most of the trees that are planted in Northern Ireland come from the South of Ireland. The three organisations that I mentioned, other than the Forest Service — Magilligan Tree Nursery, Conservation Volunteers and the Mourne Heritage Trust — tend to grow for their own planting projects.

Dr Aiken: Where do the Woodland Trust and the rest of them get their trees from?

Ms Beer: They usually come in from the South.

Dr Aiken: So, they are not actually native trees; they come from the South.

Ms Beer: They are native to the island, which is the definition used in forestry.

Dr Aiken: What about orchards, apple trees and stuff like that?

Ms Beer: They are not within this regulation. There are other regulations for those.

Dr Aiken: It is just forestry.

Ms Beer: This regulation is about the forestry bit.

Dr Aiken: How much comes from GB into Northern Ireland?

Ms Beer: Currently, very little; not for forestry.

Dr Aiken: You say, "not for forestry". Who is it for?

Ms Beer: You might have people importing trees for planting in gardens and things like that.

Dr Aiken: OK. So, what we are talking about is the importation of stuff from the South for commercial forestries and the rest of it?

Ms Beer: Yes.

Dr Aiken: We do not do that at scale.

Ms Beer: We do not grow that at scale in the North.

Mr Martin: Thank you for your presentation. What level of consultation on the directive has been carried out with stakeholders in Northern Ireland?

Ms Beer: Obviously, the EU consulted as it was developing this proposal. We are told that there were responses on behalf of the UK. We have not had any direct engagement on it yet — it has just been published, and we have five years to implement it. DAERA and DEFRA will now work closely with any stakeholders. A small community of people is involved in this work here, and we work hand in hand with the three organisations. We will be working with them as this comes in. The changes for them will probably not be major, considering what they are doing already. They are already involved in the scheme, so it will not be new to them.

Mr Martin: You mentioned the small number that is involved. Has DAERA reached out to those organisations for their view on the directive and its implications?

Ms Beer: No, we have not done that yet, but we will. The regulation has been finalised, and it is slightly different from the proposal, but we will be reaching out, over the next five years of implementation, to make sure that everyone is ready.

Mr Martin: Going by your answer, you are assuming that this will be implemented. Obviously, the Committee has to make a decision on whether to have an inquiry first.

Ms Beer: Of course.

Mr Martin: Evidence from those affected would be useful in helping the Committee to generate a view on whether to have an inquiry, which is what we are doing today. You mentioned three organisations. They do not yet have a view — or, you have not yet asked them for a view on the new directive.

Ms Beer: That is correct.

Mr Martin: That is fine. You mentioned that most of the movement of goods regarding the tree stock comes from the Republic of Ireland. Is that right?

Ms Beer: Yes.

Mr Martin: If the directive were implemented, what would the implications be if someone who owned a forest wanted to import some tree stock, as per the directive from GB?

Ms Beer: Great Britain has made an equivalent standard so that trade can still be permitted. GB has kept the standard that it reaches under the OECD since leaving the EU, so there is no barrier there.

Mr Martin: OK. So, to be clear, essentially, if this were put in place, it would have no impact on someone in Northern Ireland wanting to buy tree stock from GB.

Ms Beer: For forestry, it would be the same standard. It is deemed equivalent in the regulation to a third country. If any third country meets the equivalent, agreed standard, it is fine, and that material can move.

Mr Martin: OK. That is fine.

The Deputy Chairperson (Mr Brooks): Thank you for your evidence. There are no further questions. Thanks for coming. We appreciate it.

Ms Beer: Thank you.