The Vegetable Seed (Wales) Regulations 2005

Regulation 2(5) and Schedule 10

SCHEDULE 1E+WINTERPRETATION

PART I E+WMeaning of pre-basic seed and similar expressions

Pre-basic seedE+W

1.  In these Regulations “pre-basic seed” means seed of a generation prior to basic seed that—

(a)has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety, and

(b)is intended to be used for the production of more pre-basic seed, basic seed, or, with the breeder's authority, CS seed.

UK officially certified pre-basic seed of a listed varietyE+W

2.—(1) In these Regulations “UK officially certified pre-basic seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to—

(a)seed of a listed variety officially certified as pre-basic seed by or on behalf of the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development, and

(b)seed of a previously listed variety officially certified as pre-basic seed by or on behalf of the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to—

(a)pre-basic seed of a listed variety—

(i)that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii)that satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and

(iii)for which a seed test report has been issued stating that it has been found by an official UK seed test or by a UK seed test carried out under official supervision (in either case whenever carried out) to satisfy the conditions laid down in Part II of Schedule 4 for basic seed or that it has been found by such a test to satisfy all of those conditions except for the germination condition;

(b)pre-basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;

(c)pre-basic seed of a listed variety—

(i)that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State, and

(ii)that complies with the requirements of paragraph (a)(ii) and (iii);

(d)pre-basic seed of a previously listed variety—

(i)that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State;

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii)for which a marketing extension is in force; and

(e)pre-basic seed—

(i)that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State;

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii)that is of a variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,

other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or seed of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the National Assembly under regulation 13 to re-grade it as pre-basic seed.

EC officially certified pre-basic seed of a listed varietyE+W

3.  In these Regulations “EC officially certified pre-basic seed of a listed variety” means—

(a)pre-basic seed of a listed variety officially certified as pre-basic seed by or on behalf of the competent seed certification authority in another member State, and

(b)pre-basic seed of a previously listed variety officially certified as pre-basic seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Overseas tested officially certified pre-basic seed of a listed varietyE+W

4.  In these Regulations “overseas tested officially certified pre-basic seed of a listed variety” means pre-basic seed—

(a)that was harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for basic seed;

(b)for which a seed test report has been issued—

(i)by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or

(ii)by a licensed EC seed testing station in either of the member States referred to in paragraph (i),

stating that the seed has been found to satisfy the relevant Directive seed conditions for basic seed;

(c)that has been imported into the United Kingdom as pre-basic seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

(d)that is accompanied by—

(i)an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

(ii)the seed test report referred to in paragraph (b).

UK officially certified early movement pre-basic seed of a listed varietyE+W

5.—(1) In these Regulations “UK officially certified early movement pre-basic seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to—

(a)seed of a listed variety officially certified as early movement pre-basic seed by or on behalf of the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development, and

(b)seed of a previously listed variety officially certified as early movement pre-basic seed by or on behalf of the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to—

(a)pre-basic seed of a listed variety—

(i)that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii)that, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed;

(iii)for which the results of a Schedule 4 germination test are awaited but for which a provisional analytical report has been obtained indicating what the percentage of germination of the seed is likely to be; and

(iv)for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, by an official UK seed test or by a UK seed test carried out under official supervision(in either case whenever carried out), to satisfy the conditions laid down in Part II of Schedule 4 for basic seed;

(b)pre-basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;

(c)pre-basic seed of a listed variety—

(i)that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State, and

(ii)that complies with the requirements of paragraph (a)(ii) to (iv); and

(d)pre-basic seed of a previously listed variety—

(i)that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State;

(ii)that complies with the requirements of paragraph (a)(ii) to (iv); and

(iii)for which a marketing extension is in force,

other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or seed of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the National Assembly under regulation 13 to re-grade it as early movement pre-basic seed.

EC officially certified early movement pre-basic seed of a listed varietyE+W

6.  In these Regulations “EC officially certified early movement pre-basic seed of a listed variety” means—

(a)pre-basic seed of a listed variety officially certified as early movement pre-basic seed by or on behalf of the competent seed certification authority in another member State, and

(b)pre-basic seed of a previously listed variety officially certified as early movement pre-basic seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Officially certified pre-basic seedE+W

7.  In these Regulations “officially certified pre-basic seed” means—

(a)UK officially certified pre-basic seed of a listed variety;

(b)EC officially certified pre-basic seed of a listed variety;

(c)overseas tested officially certified pre-basic seed of a listed variety;

(d)UK officially certified early movement pre-basic seed of a listed variety; and

(e)EC officially certified early movement pre-basic seed of a listed variety.

PART II E+WMeaning of basic seed and similar expressions

Basic seedE+W

8.—(1) In these Regulations, other than in relation to a component of a hybrid, “basic seed” means seed—

(a)that has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety, and

(b)that is intended to be used for the production of CS seed.

(2) In these Regulations, in relation to a component of a hybrid variety, “basic seed” means seed of the component—

(a)that has been produced by or under the responsibility of the breeder, and

(b)that is intended to be used for the production of CS seed of a hybrid variety.

UK officially certified basic seed of a listed varietyE+W

9.—(1) In these Regulations “UK officially certified basic seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to—

(a)seed of a listed variety officially certified as basic seed by or on behalf of the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development, and

(b)seed of a previously listed variety officially certified as basic seed by or on behalf of the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to—

(a)basic seed of a listed variety—

(i)that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii)that satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and

(iii)for which a seed test report has been issued stating that it has been found by an official UK seed test or by a UK seed test carried out under official supervision(in either case whenever carried out) to satisfy the conditions laid down in Part II of Schedule 4 for basic seed or that it has been found by such a test to satisfy all of those conditions except for the germination condition;

(b)basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;

(c)basic seed of a listed variety—

(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and

(ii)that complies with the requirements of paragraph (a)(ii) and (iii);

(d)basic seed of a previously listed variety—

(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii)for which a marketing extension is in force; and

(e)basic seed—

(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii)is of a variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,

other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or seed of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the National Assembly under regulation 13 to re-grade it as basic seed.

EC officially certified basic seed of a listed varietyE+W

10.  In these Regulations “EC officially certified basic seed of a listed variety” means—

(a)basic seed of a listed variety officially certified as basic seed by or on behalf of the competent seed certification authority in another member State, and

(b)basic seed of a previously listed variety officially certified as basic seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Overseas tested officially certified basic seed of a listed varietyE+W

11.  In these Regulations “overseas tested officially certified basic seed of a listed variety” means basic seed—

(a)that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for basic seed;

(b)for which a seed test report has been issued—

(i)by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or

(ii)by a licensed EC seed testing station in either of the member States referred to in pargraph (i),

stating that the seed has been found to satisfy the relevant Directive seed conditions for basic seed;

(c)that has been imported into the United Kingdom as basic seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

(d)that is accompanied by—

(i)an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

(ii)the seed test report referred to in paragraph (b).

UK officially certified early movement basic seed of a listed varietyE+W

12.—(1) In these Regulations “UK officially certified early movement basic seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to—

(a)seed of a listed variety officially certified as early movement basic seed by or on behalf of the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development, and

(b)seed of a previously listed variety officially certified as early movement basic seed by or on behalf of the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to—

(a)basic seed of a listed variety—

(i)that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii)that, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed;

(iii)for which the results of a Schedule 4 germination test are awaited but for which a provisional analytical report has been obtained indicating what the percentage of germination of the seed is likely to be; and

(iv)for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, by an official UK seed test or by a UK seed test carried out under official supervision(in either case whenever carried out), to satisfy the conditions laid down in Part II of Schedule 4 for basic seed;

(b)basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;

(c)basic seed of a listed variety—

(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and

(ii)that complies with the requirements of paragraph (a)(ii) to (iv); and

(d)basic seed of a previously listed variety—

(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii)that complies with the requirements of paragraph (a)(ii) to (iv); and

(iii)for which a marketing extension is in force,

other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or seed of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the National Assembly under regulation 13 to re-grade it as early movement basic seed.

EC officially certified early movement basic seed of a listed varietyE+W

13.  In these Regulations “EC officially certified early movement basic seed of a listed variety” means—

(a)basic seed of a listed variety officially certified as early movement basic seed by or on behalf of the competent seed certification authority in another member State, and

(b)basic seed of a previously listed variety officially certified as early movement basic seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

UK officially certified basic seed of a component of a listed hybrid varietyE+W

14.—(1) In these Regulations “UK officially certified basic seed of a component of a listed hybrid variety” means seed to which paragraph (2) or (3) applies.

(2) This paragraph applies to—

(a)seed of a component of a listed hybrid variety officially certified as basic seed by or on behalf of the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development, and

(b)seed of a component of a previously listed hybrid variety officially certified as basic seed by or on behalf of the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development and for which a marketing extension is in force in respect of seed of the hybrid variety.

(3) This paragraph applies to—

(a)basic seed of a component of a listed hybrid variety—

(i)that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii)that satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and

(iii)for which a seed test report has been issued stating that it has been found by an official UK seed test or by a UK seed test carried out under official supervision (in either case whenever carried out) to satisfy the conditions laid down in Part II of Schedule 4 for basic seed or that it has been found by such a test to satisfy all of those conditions except for the germination condition;

(b)basic seed of a component of a previously listed hybrid variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force in respect of seed of the hybrid variety;

(c)basic seed of a component of a listed hybrid variety—

(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and

(ii)that complies with the requirements of sub-paragraph (a)(ii) and (iii);

(d)basic seed of a component of a previously listed hybrid variety—

(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii)for which a marketing extension is in force in respect of seed of the hybrid variety;

(e)basic seed—

(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii)that is a component of a hybrid variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,

other than seed to which paragraph (2) applies and seed of a component of a hybrid variety for which an application for official certification has been made to the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development that has not been finally determined.

EC officially certified basic seed of a component of a listed hybrid varietyE+W

15.  In these Regulations “EC officially certified basic seed of a component of a listed hybrid variety” means—

(a)basic seed of a component of a listed hybrid variety officially certified as basic seed by or on behalf of the competent seed certification authority in another member State, and

(b)basic seed of a component of a previously listed hybrid variety officially certified as basic seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force in respect of seed of the hybrid variety.

Overseas tested officially certified basic seed of a component of a listed hybrid varietyE+W

16.  In these Regulations “overseas tested officially certified basic seed of a component of a listed hybrid variety” means basic seed—

(a)that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for basic seed;

(b)for which a seed test report has been issued—

(i)by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or

(ii)by a licensed EC seed testing station in either of the member States referred to in paragraph(i)

stating that the seed has been found to satisfy the relevant Directive seed conditions for basic seed;

(c)that has been imported into the United Kingdom as a component of a hybrid variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed; and

(d)that is accompanied by—

(i)an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

(ii)the seed test report referred to in paragraph (b).

UK officially certified early movement basic seed of a component of a listed hybrid varietyE+W

17.—(1) In these Regulations “UK officially certified early movement basic seed of a component of a listed hybrid variety” means seed of which paragraph (2) or (3) applies.

(2) This paragraph applies to—

(a)seed of a component of a listed hybrid variety officially certified as early movement basic seed by or on behalf of the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development, and

(b)seed of a component of a previously listed hybrid variety officially certified as early movement basic seed by or on behalf of the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development and for which a marketing extension is in force in respect of seed of the hybrid variety.

(3) This paragraph applies to—

(a)basic seed of a component of a listed hybrid variety—

(i)that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii)that, subject to paragraph (iii), satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed;

(iii)for which the results of a Schedule 4 germination test are awaited but for which a provisional analytical report has been obtained indicating what the percentage of germination of the seed is likely to be; and

(iv)for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, by an official UK seed test or by a UK seed test carried out under official supervision(in either case whenever carried out) to satisfy the conditions laid down in Part II of Schedule 4 for basic seed;

(b)basic seed of a component of a previously listed hybrid variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force in respect of seed of the hybrid variety;

(c)basic seed of a component of a listed hybrid variety—

(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and

(ii)complies with the requirements of sub-paragraph (a)(ii) to (iv); and

(d)basic seed of a component of a previously listed hybrid variety—

(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii)that complies with the requirements of paragraph (a)(ii) to (iv); and

(iii)for which a marketing extension is in force in respect of seed of the hybrid variety,

other than seed to which paragraph (2) applies and seed of a component of a hybrid variety for which an application for official certification has been made to the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development that has not been finally determined.

EC officially certified early movement basic seed of a component of a listed hybrid varietyE+W

18.  In these Regulations “EC officially certified early movement basic seed of a component of a listed hybrid variety” means—

(a)basic seed of a component of a listed hybrid variety officially certified as early movement basic seed by or on behalf of the competent seed certification authority in another member State, and

(b)basic seed of a component of a previously listed hybrid variety officially certified as early movement basic seed by or on behalf of the competent seed certification authority in another member State for which a marketing extension is in force in respect of seed of the hybrid variety.

Officially certified basic seedE+W

19.  In these Regulations “officially certified basic seed” means—

(a)UK officially certified basic seed of a listed variety;

(b)EC officially certified basic seed of a listed variety;

(c)overseas tested officially certified basic seed of a listed variety;

(d)UK officially certified early movement basic seed of a listed variety;

(e)EC officially certified early movement basic seed of a listed variety;

(f)UK officially certified basic seed of a component of a listed hybrid variety;

(g)EC officially certified basic seed of a component of a listed hybrid variety;

(h)overseas tested officially certified basic seed of a component of a listed hybrid variety;

(i)UK officially certified early movement basic seed of a component of a listed hybrid variety; and

(j)EC officially certified early movement basic seed of a component of a listed hybrid variety.

PART III E+WMeaning of CS seed and similar expressions

CS seedE+W

20.  In these Regulations “CS seed” means seed that—

(a)has been produced directly from officially certified basic seed or, with the breeder's authority, from officially certified pre-basic seed, and

(b)is intended for purposes other than the production of vegetable seed.

UK officially certified CS seed of a listed varietyE+W

21.—(1) In these Regulations “UK officially certified CS seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to—

(a)seed of a listed variety officially certified as CS seed by or on behalf of the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development, and

(b)seed of a previously listed variety officially certified as CS seed by or on behalf of the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to—

(a)CS seed of a listed variety—

(i)that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found, by an official UK field inspection (whenever carried out) or, in the case of a crop that has been produced from seed that has been subject to satisfactory official post control, by a UK field inspection carried out under official supervision following the listing of the varietyto satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which CS seed is to be produced;

(ii)that satisfies the conditions laid down in Parts II and III of Schedule 4 for CS seed; and

(iii)for which a seed test report has been issued stating that it has been found by an official UK seed test or by a UK seed test carried out under official supervision(in either case whenever carried out) to satisfy the conditions laid down in Part II of Schedule 4 for CS seed;

(b)CS seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;

(c)CS seed of a listed variety—

(i)that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State, and

(ii)that complies with the requirements of paragraph (a)(ii) and (iii);

(d)CS seed of a previously listed variety—

(i)that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State;

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii)for which a marketing extension is in force; and

(e)CS seed—

(i)that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State;

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii)of a variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,

other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the National Assembly under regulation 13 to re-grade it as CS seed.

EC officially certified CS seed of a listed varietyE+W

22.  In these Regulations “EC officially certified CS seed of a listed variety” means—

(a)CS seed of a listed variety officially certified as CS seed by or on behalf of the competent seed certification authority in another member State, and

(b)CS seed of a previously listed variety officially certified as CS seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Overseas tested officially certified CS seed of a listed varietyE+W

23.  In these Regulations “overseas tested officially certified CS seed of a listed variety” means CS seed—

(a)that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop had been found to satisfy the relevant Directive crop conditions for CS seed;

(b)for which a seed test report has been issued—

(i)by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or

(ii)by a licensed EC seed testing station in either of the member States referred to in paragraph (i),

stating that the seed has been found to satisfy the relevant Directive seed conditions for CS seed;

(c)that has been imported into the United Kingdom as CS seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

(d)that is accompanied by—

(i)an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

(ii)the seed test report referred to in paragraph (b).

UK officially certified early movement CS seed of a listed varietyE+W

24.—(1) In these Regulations “UK officially certified early movement CS seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to—

(a)seed of a listed variety officially certified as early movement CS seed by or on behalf of the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development, and

(b)seed of a previously listed variety officially certified as early movement CS seed by or on behalf of the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to—

(a)CS seed of a listed variety—

(i)that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) or, in the case of a crop that has been produced from seed that has been subject to satisfactory official post control, by a UK field inspection carried out under official supervision following the listing of the variety to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which CS seed is to be produced;

(ii)that, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II and III of Schedule 4 for CS seed;

(iii)for which the results of a Schedule 4 germination test are awaited to determine whether the seed will satisfy the applicable germination standard for CS seed but for which a provisional analytical report has been obtained indicating that the seed is likely to meet that standard; and

(iv)for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, by an official UK seed test or by a UK seed test carried out under official supervision(in either case whenever carried out) to satisfy the conditions laid down in Part II of Schedule 4 for CS seed;

(b)CS seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;

(c)CS seed of a listed variety—

(i)that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State, and

(ii)that complies with the requirements of paragraph (a)(ii) to (iv); and

(d)CS seed of a previously listed variety—

(i)that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State;

(ii)that complies with the requirements of paragraph (a)(ii) to (iv); and

(iii)for which a marketing extension is in force,

other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the National Assembly under regulation 13 to re-grade it as early movement CS seed.

EC officially certified early movement CS seed of a listed varietyE+W

25.  In these Regulations “EC officially certified early movement CS seed of a listed variety” means—

(a)CS seed of a listed variety officially certified as early movement CS seed by or on behalf of the competent seed certification authority in another member State, and

(b)CS seed of a previously listed variety officially certified as early movement CS seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Officially certified CS seedE+W

26.  In these Regulations “officially certified CS seed” means—

(a)UK officially certified CS seed of a listed variety;

(b)EC officially certified CS seed of a listed variety;

(c)overseas tested officially certified CS seed of a listed variety;

(d)UK officially certified early movement CS seed of a listed variety; and

(e)EC officially certified early movement CS seed of a listed variety.

Early multiplicationE+W

27.—(1) The requirement contained in paragraph 20(a) (that CS seed be produced directly from officially certified basic seed, or, with the breeder's authority, from officially certified pre-basic seed) shall be treated as having been complied with in relation to CS seed in a case where—

(a)the CS seed (“the harvested CS seed”) was harvested from a crop produced from pre-basic seed to which sub-paragraph (2) applies or basic seed to which sub-paragraph (3) or (4) applies, and

(b)the variety of the harvested CS seed was not listed at the time when the pre-basic or basic seed referred to in paragraph (a) was sown but was subject to an application for listing at that time which was subsequently granted.

(2) This sub-paragraph applies to pre-basic seed—

(a)that has been harvested from a crop—

(i)produced in the United Kingdom and found by an official UK field inspection to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced, or

(ii)produced in another member State and found by a field inspection of the crop carried out by or on behalf of the competent seed certification authority in that State to satisfy the Directive crop conditions for basic seed;

(b)that—

(i)was found by an official UK seed test or a UK seed test carried out under official supervision to satisfy the conditions laid down in Part II of Schedule 4 for basic seed, or

(ii)was found by seed testing carried out by or on behalf of the competent seed certification authority or a licensed EC seed testing station in another member State to satisfy the Directive seed conditions for basic seed; and

(c)that was of the same variety as the harvested CS seed.

(3) This sub-paragraph applies to basic seed—

(a)that has been harvested from a crop—

(i)produced in the United Kingdom and found by an official UK field inspection to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced,

(ii)produced in another member State and found by a field inspection of the crop carried out by or on behalf of the competent seed certification authority in that State to satisfy the Directive crop conditions for basic seed;

(b)that—

(i)was found by an official UK seed test or a UK seed test carried out under official supervision to satisfy the conditions laid down in Part II of Schedule 4 for basic seed, or

(ii)was found by seed testing carried out by or on behalf of the competent seed certification authority or a licensed EC seed testing station in another member State to satisfy the Directive seed conditions for basic seed; and

(c)that was of the same variety as the harvested CS seed.

(4) This sub-paragraph applies to basic seed of a component of a hybrid variety—

(a)that complied with the requirements of sub-paragraph (3)(a) and (b), and

(b)that was a component in the production of the harvested CS seed of the hybrid variety.

PART IV E+WMeaning of standard seed

Standard seedE+W

28.  In these Regulations “standard seed” means seed of a listed variety—

(a)that is intended mainly for the production of vegetables, and

(b)satisfies the conditions laid down in Annex II to the Vegetable Seed Directive.

PART V E+WMeaning of expressions relating to imported not finally certified seed

Not finally certified pre-basic seed harvested in another member StateE+W

29.—(1) In these Regulations “not finally certified pre-basic seed harvested in another member State” means pre-basic seed—

(a)to which sub-paragraph (2) applies;

(b)that has been harvested from a crop produced in another member State and has been found by a field examination of the crop carried out by or on behalf of the competent seed certification authority in the member State to satisfy the Directive crop conditions for basic seed;

(c)that has been packed in a sealed package in accordance with the requirements of Article 27(1) of the Vegetable Seed Directive and is labelled with a grey label;

(d)that has been imported into the United Kingdom as not finally certified seed; and

(e)that is accompanied by an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State in which the seed was harvested.

(2) This sub-paragraph applies to pre-basic seed of—

(a)a listed variety;

(b)a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; or

(c)a previously listed variety for which a marketing extension is in force.

(3) In this paragraph “grey label” means, in relation to the seed contained in the package on which the label is affixed, a grey coloured label containing the following particulars—

(a)the name of the authority responsible for the field inspection of the crop and the member State or their commonly used initials;

(b)the species of the seed, indicated at least in Roman characters—

(i)under its botanical name, which may be given in abridged form and without the author's name; or

(ii)under its common name; or

(iii)under both;

(c)the variety of the seed, indicated at least in Roman characters;

(d)the category of the seed;

(e)the field or lot reference number of the seed;

(f)the declared net or gross weight of the seed; and

(g)the words “seed not finally certified”.

Not finally certified basic seed harvested in another member StateE+W

30.—(1) In these Regulations “not finally certified basic seed harvested in another member State” means basic seed—

(a)to which sub-paragraph (2) applies;

(b)that has been harvested from a crop produced in another member State and has been found by a field examination of the crop carried out by or on behalf of the competent seed certification authority in the member State to satisfy the Directive crop conditions for basic seed;

(c)that has been packed in a sealed package in accordance with the requirements of Article 27(1) of the Vegetable Seed Directive and is labelled with a grey label;

(d)that has been imported into the United Kingdom as not finally certified seed; and

(e)that is accompanied by an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State in which the seed was harvested.

(2) This sub-paragraph applies to basic seed of—

(a)a listed variety;

(b)a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined;

(c)a previously listed variety for which a marketing extension is in force;

(d)a component of a listed hybrid variety;

(e)a component of a hybrid variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; or

(f)a component of a previously listed hybrid variety for which a marketing extension is in force.

(3) In this paragraph “grey label” shall have the same meaning as in paragraph 29(3).

Not finally certified CS seed harvested in another member StateE+W

31.—(1) In these Regulations “not finally certified CS seed harvested in another member State” means CS seed—

(a)to which sub-paragraph (2) applies;

(b)that has been harvested from a crop—

(i)that has been produced in another member State directly from officially certified basic seed, and

(ii)that has been found by a field examination of the crop carried out by or on behalf of the competent seed certification authority in the member State or in the case of seed that has been harvested from a crop that has been produced from seed that has undergone official post control the results of which have been satisfactory, by a field examination of the crop carried out by a licensed EC crop inspector in that member State, to satisfy the Directive crop conditions for CS seed;

(c)that has been packed in a sealed package in accordance with the requirements of Article 27(1) of the Vegetable Seed Directive and is labelled with a grey label;

(d)that has been imported into the United Kingdom as not finally certified seed; and

(e)that is accompanied by an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State in which the seed was harvested.

(2) This sub-paragraph applies to CS seed of—

(a)a listed variety;

(b)a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; and

(c)a previously listed variety for which a marketing extension is in force.

(3) In this paragraph “grey label” shall have the same meaning as in paragraph 29(3).