The Cereal Seed (Wales) Regulations 2005

Regulations 2(6), 26(17) and Schedule 10

SCHEDULE 1INTERPRETATION

PART IMeaning of pre-basic seed and similar expressions

Pre-basic seed

1.—(1) In these Regulations, other than in relation to a component that is used in the production of a listed hybrid variety, “pre-basic seed” means seed of a generation prior to basic 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 more pre-basic seed, basic seed, or with the breeder’s written authority—

(i)in the case of rye or maize, CS seed;

(ii)except in the case of rye or maize, C1 seed; or

(iii)except in the case of rye or maize, C2 seed.

(2) In these Regulations, in relation to a component that is used in the production of a listed hybrid variety, “pre-basic seed” means seed of a generation prior to basic seed that is intended to be used for the production of—

(a)more pre-basic seed of the component;

(b)basic seed; or

(c)with the breeder’s written authority, CS seed of a hybrid variety.

UK officially certified pre-basic seed of a listed variety

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 Secretary of State, the Scottish Ministers 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 Secretary of State, the Scottish Ministers 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 IV 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 that—

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

(ii)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 Secretary of State, the Scottish Ministers 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 variety

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 variety

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

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 Secretary of State, the Scottish Ministers 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 Secretary of State, the Scottish Ministers 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 IV 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 Secretary of State, the Scottish Ministers 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 variety

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.

UK officially certified pre-basic seed of a component used in the production of a listed hybrid variety

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

(2) This paragraph applies to—

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

(b)seed of a component used in the production of a previously listed hybrid variety officially certified as pre-basic seed by or on behalf of the Secretary of State, the Scottish Ministers 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)pre-basic seed of a component used in the production 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 IV 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 component used in the production 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)pre-basic seed of a component used in the production of a listed hybrid 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 sub-paragraph (a)(ii) and (iii);

(d)pre-basic seed of a component used in the production of a previously listed hybrid 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 in respect of seed of the hybrid variety;

(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 a component used in the production of a listed 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 used in the production of a listed hybrid variety for which an application for official certification has been made to the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a component used in the production of a listed hybrid variety, or seed of a component used in the production of a previously listed hybrid 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 component used in the production of a listed hybrid variety

8.  In these Regulations “EC officially certified pre-basic seed of a component used in the production of a listed hybrid variety” means—

(a)pre-basic seed of a component used in the production of a listed hybrid 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 component used in the production of a previously listed hybrid 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 in respect of seed of the hybrid variety.

Overseas tested officially certified pre-basic seed of a component used in the production of a listed hybrid variety

9.  In these Regulations “overseas tested officially certified pre-basic seed of a component used in the production of a listed hybrid variety” means pre-basic seed of a component used in the production of a listed hybrid variety—

(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 used in the production of a listed hybrid 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 component used in the production of a listed hybrid variety

10.—(1) In these Regulations “UK officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety” means seed of which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to—

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

(b)seed of a component used in the production of a previously listed hybrid variety officially certified as early movement pre-basic seed by or on behalf of the Secretary of State, the Scottish Ministers 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)pre-basic seed of a component used in the production 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 IV 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 component used in the production 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)pre-basic seed of a component used in the production of a listed hybrid variety—

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

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

(d)pre-basic seed of a component used in the production of a previously listed hybrid 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 in respect of seed of the hybrid variety,

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

(4) Seed of a component used in the production of a listed hybrid variety, or seed of a component used in the production of a previously listed hybrid 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 component used in the production of a listed hybrid variety

11.  In these Regulations “EC officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety” means—

(a)pre-basic seed of a component used in the production of a listed hybrid 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 component used in the production of a previously listed hybrid 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 in respect of seed of the hybrid variety.

Officially certified pre-basic seed

12.  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;

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

(f)UK officially certified pre-basic seed of a component used in the production of a listed hybrid variety;

(g)EC officially certified pre-basic seed of a component used in the production of a listed hybrid variety;

(h)overseas tested officially certified pre-basic seed of a component used in the production of a listed hybrid variety;

(i)UK officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety; and

(j)EC officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety.

PART IIMeaning of basic seed and similar expressions

Basic seed

13.—(1) In these Regulations, in relation to barley, durum wheat, oats, rye, self pollinating triticale, spelt wheat, and wheat, other than a hybrid in each case, “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—

(i)in the case of rye, CS seed;

(ii)except in the case of rye, C1 seed; or

(iii)except in the case of rye, C2 seed.

(2) In these Regulations, in relation to an open-pollinated variety of maize, “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—

(i)for the production of CS seed of the same variety, or

(ii)as a component in the production of CS seed of a top cross or intervarietal hybrid variety.

(3) In these Regulations, in relation to a component of a hybrid variety of barley, durum wheat, oats, rye, self pollinating triticale, spelt wheat or wheat, or an inbred line of maize, “basic seed” means seed that is intended to be used for the production of CS seed of a hybrid variety.

(4) In these Regulations, in relation to a simple hybrid that is a component of a hybrid variety of maize, “basic seed” means seed that is intended to be used for the production of CS seed of a double, triple-cross or top cross hybrid variety.

UK officially certified basic seed of a listed variety

14.—(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 Secretary of State, the Scottish Ministers 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 Secretary of State, the Scottish Ministers 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 IV 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 Secretary of State, the Scottish Ministers 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 variety

15.  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.

Third country officially certified basic seed of a listed variety

16.—(1) In these Regulations “third country officially certified basic seed of a listed variety” means seed of an approved species to which sub-paragraph (2) or (3) applies.

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

(a)that was harvested from a crop that was produced—

(i)in an equivalent third country;

(ii)from a preceding generation of seed that was produced in accordance with the provisions specified in paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision;

(b)that has been officially certified as basic seed by the approved seed certification authority in that country in accordance with—

(i)in the case of seed other than maize, the OECD Cereal Seed Scheme;

(ii)in the case of maize, the OECD Maize and Sorghum Seed Scheme; and

(iii)in both cases, the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;

(c)that has been packed in packages that have been officially closed and marked in accordance with—

(i)in the case of seed other than maize, the OECD Cereal Seed Scheme;

(ii)in the case of maize, the OECD Maize and Sorghum Seed Scheme; and

and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and

(d)that has been imported into the United Kingdom and was accompanied by—

(i)an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as basic seed; and

(ii)subject to paragraph (iii), an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for basic seed other than those relating to varietal identity and varietal purity; or

(iii)in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii).

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

(a)of a previously listed variety that is on the OECD List and for which a marketing extension is in force, and

(b)that complies with the requirements of sub-paragraph (2)(a) to (d).

Overseas tested officially certified basic seed of a listed variety

17.—(1) In these Regulations “overseas tested officially certified basic seed of a listed variety” means basic seed to which sub-paragraph (2) or (3) applies.

(2) This sub-paragraph applies to 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 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).

(3) This sub-paragraph applies to basic seed of an approved species—

(a)that complies with the requirements of paragraph 16(2)(a) to (d), and

(b)that was 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.

UK officially certified early movement basic seed of a listed variety

18.—(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 Secretary of State, the Scottish Ministers 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 Secretary of State, the Scottish Ministers 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 IV 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 Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed hybrid 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 variety

19.  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 variety

20.—(1) In these Regulations “UK officially certified basic seed of a component of a listed hybrid variety” means seed to which paragraph (2), (3) or (4) 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 Secretary of State, the Scottish Ministers 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 Secretary of State, the Scottish Ministers 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 IV 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 for which an application for official certification has been made to the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a component of a listed hybrid variety, or seed of a component of a previously listed hybrid 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 component of a listed hybrid variety

21.  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.

Third country officially certified basic seed of a component of a listed hybrid variety

22.—(1) In these Regulations “third country officially certified basic seed of a component of a listed hybrid variety” means basic seed of an approved species to which sub-paragraph (2) or (3) applies.

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

(a)that was harvested from a crop that was produced—

(i)in an equivalent third country,

(ii)from a preceding generation of seed that was produced in accordance with the provisions specified in paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision; and

(b)that has been officially certified as basic seed by the approved seed certification authority in that country in accordance with—

(i)in the case of seed other than maize, the OECD Cereal Seed Scheme;

(ii)in the case of maize, the OECD Maize and Sorghum Seed Scheme; and

(iii)in both cases, the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;

(c)that has been packed in packages that have been officially closed and marked in accordance with—

(i)in the case of seed other than maize, the OECD Cereal Seed Scheme;

(ii)in the case of maize, the OECD Maize and Sorghum Seed Scheme; and

and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and

(d)that has been imported into the United Kingdom and was accompanied by—

(i)an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as basic seed; and

(ii)subject to paragraph (iii), an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for basic seed other than those relating to varietal identity and varietal purity; or

(iii)in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii).

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

(a)of a previously listed hybrid variety that is on the OECD List and for which a marketing extension is in force, and

(b)that complies with the requirements of sub-paragraph (2)(a) to (d).

Overseas tested officially certified basic seed of a component of a listed hybrid variety

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

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

(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).

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

(a)that complies with the requirements of paragraph 22(2)(a) to (d), and

(b)that was imported into the United Kingdom as basic seed of 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.

UK officially certified early movement basic seed of a component of a listed hybrid variety

24.—(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), (3) or (4) 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 Secretary of State, the Scottish Ministers 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 Secretary of State, the Scottish Ministers 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 IV 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)that 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 for which an application for official certification has been made to the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a component of a listed hybrid variety, or seed of a component of a previously listed hybrid 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 component of a listed hybrid variety

25.  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 and for which a marketing extension is in force in respect of seed of the hybrid variety.

Officially certified basic seed

26.  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)third country officially certified basic seed of a listed variety;

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

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

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

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

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

(i)third country officially certified basic seed of a component of a listed hybrid variety;

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

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

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

PART IIIMeaning of CS, C1 and C2 seed and similar expressions

CS seed (maize and rye, and hybrids of barley, durum wheat, oats, self pollinating triticale, spelt wheat and wheat)

27.  In these Regulations in relation to maize and rye (including hybrids of maize and rye) and hybrids of barley, durum wheat, oats, self pollinating triticale, spelt wheat and wheat “CS seed” means seed that—

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

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

UK officially certified CS seed of a listed variety

28.—(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 Secretary of State, the Scottish Ministers 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 Secretary of State, the Scottish Ministers 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 satisfies the conditions laid down in Parts II, III and IV 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;

(e)CS seed—

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

(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;

(f)CS seed of a listed variety—

(i)that has been imported into the United Kingdom as not finally certified CS seed harvested in an equivalent third country, and

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

(g)CS seed—

(i)of a previously listed variety that is on the OECD list;

(ii)that has been imported into the United Kingdom as not finally certified CS seed harvested in an equivalent third country;

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

(iv)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 Secretary of State, the Scottish Ministers 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 variety

29.  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.

Third country officially certified CS seed of a listed variety

30.—(1) In these Regulations “third country officially certified CS seed of a listed variety” means seed of an approved species to which sub-paragraph (2) or (3) applies.

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

(a)that was harvested from a crop that was produced—

(i)in an equivalent third country;

(ii)from basic seed that was produced in accordance with the provisions of paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision;

(b)that has been officially certified as CS seed by the approved seed certification authority in that country in accordance with—

(i)in the case of seed other than maize, the OECD Cereal Seed Scheme;

(ii)in the case of maize, the OECD Maize and Sorghum Seed Scheme; and

(iii)in both cases, the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;

(c)that has been packed in packages that have been officially closed and marked in accordance with—

(i)in the case of seed other than maize, the OECD Cereal Seed Scheme;

(ii)in the case of maize, the OECD Maize and Sorghum Seed Scheme; and

and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and

(d)that has been imported into the United Kingdom and was accompanied by—

(i)an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as CS seed; and

(ii)subject to paragraph (iii), an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for CS seed other than those relating to varietal identity and varietal purity; or

(iii)in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii).

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

(a)of a previously listed variety that is on the OECD List and for which a marketing extension is in force, and

(b)that complies with the requirements of sub-paragraph (2)(a) to (d).

Overseas tested officially certified CS seed of a listed variety

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

(2) This sub-paragraph applies to 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).

(3) This sub-paragraph applies to CS seed of an approved species—

(a)that was harvested from a crop produced in an equivalent third country for which a field inspection report was issued by the approved seed certification authority or a licensed third country crop inspector in that country, stating that the crop had been found to satisfy the relevant Directive crop conditions for CS seed;

(b)that was subsequently imported into a member State other than the United Kingdom and for which a seed test report has been issued by or on behalf of the competent seed certification authority or by a licensed EC seed testing station in that member State, 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 II.A(3) official certificate relating to the crop from which the seed was harvested issued by the approved seed certification authority in the third country referred to in paragraph (a) stating that the crop has been found to satisfy the relevant crop conditions for CS seed, and

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

(4) This sub-paragraph applies to CS seed of an approved species—

(a)that complies with the requirements of paragraph 30(2)(a) to (d), and

(b)that was 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.

UK officially certified early movement CS seed of a listed variety

32.—(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 Secretary of State, the Scottish Ministers 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 Secretary of State, the Scottish Ministers 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, III and IV 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)complies with the requirements of paragraph (a)(ii) to (iv);

(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;

(e)CS seed of a listed variety—

(i)that has been imported into the United Kingdom as not finally certified CS seed harvested in an equivalent third country, and

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

(f)CS seed—

(i)of a previously listed variety that is on the OECD list;

(ii)that has been imported into the United Kingdom as not finally certified CS seed harvested in an equivalent third country;

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

(iv)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 Secretary of State, the Scottish Ministers 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 variety

33.  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 seed

34.  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)third country officially certified CS seed of a listed variety;

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

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

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

C1 seed

35.  In these Regulations, in relation to barley, durum wheat, oats, spelt wheat, triticale and wheat, other than a hybrid in each case, “C1 seed” means seed that—

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

(b)is intended—

(i)for production of C2 seed, or

(ii)for purposes other than the production of cereal seed.

UK officially certified C1 seed of a listed variety

36.—(1) In these Regulations “UK officially certified C1 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 C1 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)seed of a previously listed variety officially certified as C1 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to—

(a)C1 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 C1 seed is to be produced;

(ii)that satisfies the conditions laid down in Parts II and IV of Schedule 4 for C1 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 C1 seed;

(b)C1 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)C1 seed of a listed variety—

(i)that has been imported into the United Kingdom as not finally certified C1 seed harvested in another member State, and

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

(d)C1 seed of a previously listed variety—

(i)that has been imported into the United Kingdom as not finally certified C1 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;

(e)C1 seed—

(i)that has been imported into the United Kingdom as not finally certified C1 seed harvested in another member State or an equivalent third country;

(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;

(f)C1 seed of a listed variety—

(i)that has been imported into the United Kingdom as not finally certified C1 seed harvested in an equivalent third country, and

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

(g)C1 seed—

(i)of a previously listed variety that is on the OECD list;

(ii)that has been imported into the United Kingdom as not finally certified C1 seed harvested in an equivalent third country;

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

(iv)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 Secretary of State, the Scottish Ministers 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 C1 seed.

EC officially certified C1 seed of a listed variety

37.  In these Regulations “EC officially certified C1 seed of a listed variety” means—

(a)C1 seed of a listed variety officially certified as C1 seed by the competent seed certification authority in another member State, and

(b)C1 seed of a previously listed variety officially certified as C1 seed by the competent seed certification authority in another member State and for which a marketing extension is in force.

Third country officially certified C1 seed of a listed variety

38.—(1) In these Regulations “third country officially certified C1 seed of a listed variety” means C1 seed of an approved species to which sub-paragraph (2) or (3) applies.

(2) This sub-paragraph applies to C1 seed of a listed variety—

(a)that was harvested from a crop that was produced—

(i)in an equivalent third country,

(ii)from basic seed that was produced in accordance with the provisions of paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision;

(b)that has been officially certified as C1 seed by the approved seed certification authority in that country in accordance with the OECD Cereal Seed Scheme and the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;

(c)that has been packed in packages that have been officially closed and marked in accordance with the OECD Cereal Seed Scheme, and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and

(d)that has been imported into the United Kingdom and was accompanied by—

(i)an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as C1 seed; and

(ii)subject to paragraph (iii), an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for C1 seed other than those relating to varietal identity and varietal purity; or

(iii)in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii).

(3) This sub-paragraph applies to C1 seed—

(a)of a previously listed variety that is on the OECD List and for which a marketing extension is in force, and

(b)that complies with the requirements of sub-paragraph (2)(a) to (d).

Overseas tested officially certified C1 seed of a listed variety

39.—(1) In these Regulations “overseas tested officially certified C1 seed of a listed variety” means C1 seed to which sub-paragraph (2), (3) or (4) applies.

(2) This sub-paragraph applies to C1 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 C1 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 C1 seed;

(c)that has been imported into the United Kingdom as C1 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).

(3) This sub-paragraph applies to C1 seed of an approved species—

(a)that was harvested from a crop produced in an equivalent third country for which a field inspection report was issued by the approved seed certification authority or a licensed third country crop inspector in that country stating that the crop had been found to satisfy the relevant Directive crop conditions for C1 seed;

(b)that was subsequently imported into a member State other than the United Kingdom and for which a seed test report has been issued by or on behalf of the competent seed certification authority or by a licensed EC seed testing station in that member State, stating that the seed has been found to satisfy the relevant Directive seed conditions for C1 seed;

(c)that has been imported into the United Kingdom as C1 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 II.A(3) official certificate relating to the crop from which the seed was harvested issued by the approved seed certification authority in the third country referred to in paragraph (a) stating that the crop has been found to satisfy the relevant crop conditions for C1 seed, and

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

(4) This sub-paragraph applies to C1 seed of an approved species—

(a)that complies with the requirements of paragraph 38(2)(a) to (d), and

(b)that was imported into the United Kingdom as C1 seed of a variety that was unlisted at the time when the seed was imported but has since been listed.

UK officially certified early movement C1 seed of a listed variety

40.—(1) In these Regulations “UK officially certified early movement C1 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 C1 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)seed of a previously listed variety officially certified as early movement C1 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to—

(a)C1 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 C1 seed is to be produced;

(ii)that, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II and IV of Schedule 4 for C1 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 C1 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 C1 seed;

(b)C1 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)C1 seed of a listed variety—

(i)that has been imported into the United Kingdom as not finally certified C1 seed harvested in another member State, and

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

(d)C1 seed of a previously listed variety—

(i)that has been imported into the United Kingdom as not finally certified C1 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;

(e)C1 seed of a listed variety—

(i)that has been imported into the United Kingdom as not finally certified C1 seed harvested in an equivalent third country, and

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

(f)C1 seed—

(i)of a previously listed variety that is on the OECD list;

(ii)that has been imported into the United Kingdom as not finally certified C1 seed harvested in an equivalent third country;

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

(iv)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 Secretary of State, the Scottish Ministers 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 C1 seed.

EC officially certified early movement C1 seed of a listed variety

41.  In these Regulations “EC officially certified early movement C1 seed of a listed variety” means—

(a)C1 seed of a listed variety officially certified as early movement C1 seed by the competent seed certification authority in another member State, and

(b)C1 seed of a previously listed variety officially certified as early movement C1 seed by the competent seed certification authority in another member State and for which a marketing extension is in force.

Officially certified C1 seed

42.  In these Regulations “officially certified C1 seed” means—

(a)UK officially certified C1 seed of a listed variety;

(b)EC officially certified C1 seed of a listed variety;

(c)third country officially certified C1 seed of a listed variety;

(d)overseas tested officially certified C1 seed of a listed variety;

(e)UK officially certified early movement C1 seed of a listed variety; and

(f)EC officially certified early movement C1 seed of a listed variety.

C2 seed

43.  In these Regulations, in relation to barley, durum wheat, oats, spelt wheat, triticale and wheat, other than a hybrid in each case, “C2 seed” means seed that—

(a)has been produced directly from—

(i)officially certified basic seed;

(ii)officially certified C1 seed; or

(iii)with the breeder’s written authority, from officially certified pre-basic seed, and

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

UK officially certified C2 seed of a listed variety

44.—(1) In these Regulations “UK officially certified C2 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 C2 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)seed of a previously listed variety officially certified as C2 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to—

(a)C2 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 C2 seed is to be produced;

(ii)that satisfies the conditions laid down in Parts II and IV of Schedule 4 for C2 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 C2 seed;

(b)C2 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)C2 seed of a listed variety—

(i)that has been imported into the United Kingdom as not finally certified C2 seed harvested in another member State, and

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

(d)C2 seed of a previously listed variety—

(i)that has been imported into the United Kingdom as not finally certified C2 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;

(e)C2 seed—

(i)that has been imported into the United Kingdom as not finally certified C2 seed harvested in another member State or an equivalent third country;

(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 Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development that has not been finally determined;

(f)C2 seed of a listed variety that—

(i)has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country; and

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

(g)C2 seed—

(i)of a previously listed variety that is on the OECD list;

(ii)that has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country;

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

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

(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 C2 seed.

EC officially certified C2 seed of a listed variety

45.  In these Regulations “EC officially certified C2 seed of a listed variety” means—

(a)C2 seed of a listed variety officially certified as C2 seed by the competent seed certification authority in another member State, and

(b)C2 seed of a previously listed variety officially certified as C2 seed by the competent seed certification authority in another member State and for which a marketing extension is in force.

Third country officially certified C2 seed of a listed variety

46.—(1) In these Regulations “third country officially certified C2 seed of a listed variety” means C2 seed of an approved species to which sub-paragraph (2) or (3) applies.

(2) This sub-paragraph applies to C2 seed of a listed variety that—

(a)was harvested from a crop that was produced—

(i)in an equivalent third country,

(ii)from seed of a preceding generation that was produced in accordance with the provisions of paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision;

(b)has been officially certified as C2 seed by the approved seed certification authority in that country in accordance with the OECD Cereal Seed Scheme and the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;

(c)has been packed in packages that have been officially closed and marked in accordance with the OECD Cereal Seed Scheme, and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and

(d)has been imported into the United Kingdom and was accompanied—

(i)by an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as C2 seed; and

(ii)subject to paragraph (iii), by an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for C2 seed other than those relating to varietal identity and varietal purity; or

(iii)in a case where the seed has been certified in Canada or the United States of America, instead of a certificate of the type referred to in paragraph (ii) by a Lot Inspection Certificate issued by the Official Seed testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions.

(3) This sub-paragraph applies to C2 seed—

(a)of a previously listed variety that is on the OECD List and for which a marketing extension is in force, and

(b)that complies with the requirements of sub-paragraphs 2(a) to (d).

Overseas tested officially certified C2 seed of a listed variety

47.—(1) In these Regulations “overseas tested officially certified C2 seed of a listed variety” means C2 seed to which sub-paragraph (2), (3) or (4) applies.

(2) This sub-paragraph applies to C2 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 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 C2 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 C2 seed;

(c)that has been imported into the United Kingdom as C2 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).

(3) This sub-paragraph applies to C2 seed of an approved species that—

(a)was harvested from a crop produced in an equivalent third country for which a field inspection report was issued by the approved seed certification authority or a licensed third country crop inspector in that country stating that the crop had been found to satisfy the relevant Directive crop conditions for C2 seed;

(b)was subsequently imported into a member State other than the United Kingdom and for which a seed test report has been issued by or on behalf of the competent seed certification authority or by a licensed EC seed testing station in that member State, stating that the seed has been found to satisfy the relevant Directive seed conditions for C2 seed;

(c)has been imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed, and

(d)is accompanied by—

(i)an Annex II.A(3) official certificate relating to the crop from which the seed was harvested issued by the approved seed certification authority in the third country referred to in paragraph (a) stating that the crop has been found to satisfy the relevant crop conditions for C2 seed; and

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

(4) This sub-paragraph applies to C2 seed of an approved species that—

(a)complies with the requirements of paragraph 45A(2)(a) to (d); and

(b)was imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed.

UK officially certified early movement C2 seed of a listed variety

48.—(1) In these Regulations “UK officially certified early movement C2 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 C2 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)seed of a previously listed variety officially certified as early movement C2 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to—

(a)C2 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 C2 seed is to be produced;

(ii)that, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II and IV of Schedule 4 for C2 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 C2 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 C2 seed;

(b)C2 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)C2 seed of a listed variety—

(i)that has been imported into the United Kingdom as not finally certified C2 seed harvested in another member State, and

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

(d)C2 seed of a previously listed variety—

(i)that has been imported into the United Kingdom as not finally certified C2 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 Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development that has not been finally determined.

(e)C2 seed of a listed variety that—

(i)has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country; and

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

(f)C2 seed—

(i)of a previously listed variety that is on the OECD list;

(ii)that has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country;

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

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

(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 C2 seed.

EC officially certified early movement C2 seed of a listed variety

49.  In these Regulations “EC officially certified early movement C2 seed of a listed variety” means—

(a)C2 seed of a listed variety officially certified as early movement C2 seed by or on behalf of the competent seed certification authority in another member State, and

(b)C2 seed of a previously listed variety officially certified as early movement C2 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 C2 seed

50.  In these Regulations “officially certified C2 seed” means—

(a)UK officially certified C2 seed of a listed variety;

(b)third country officially certified C2 seed of a listed variety;

(c)EC officially certified C2 seed of a listed variety;

(d)overseas tested officially certified C2 seed of a listed variety;

(e)UK officially certified early movement C2 seed of a listed variety; and

(f)EC officially certified early movement C2 seed of a listed variety.

Early multiplication

51.—(1) The requirement contained in paragraph 27(a) (that CS seed be produced directly from officially certified basic seed, or, with the breeder’s written 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 (in this paragraph called “the harvested CS seed”) was harvested from a crop produced from pre-basic seed to which sub-paragraph (4) or (5) applies or basic seed to which sub-paragraph (6) or (7) 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) The requirement contained in paragraphs 35(a) (that C1 seed be produced directly from officially certified basic seed, or, with the breeder’s written authority, from officially certified pre-basic seed) shall be treated as having been complied with in relation to C1 seed in a case where—

(a)the C1 seed (in this paragraph called “the harvested C1 seed”) was harvested from a crop produced from pre-basic seed to which sub-paragraph (4) applies or basic seed to which sub-paragraph (6) applies, and

(b)the variety of the harvested C1 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.

(3) The requirement contained in paragraphs 43(a) (that C2 seed be produced directly from officially certified basic seed, officially certified C1 seed or, with the breeder’s written authority, from officially certified pre-basic seed) shall be treated as having been complied with in relation to C2 seed in a case where—

(a)the C2 seed (in this paragraph called “the harvested C2 seed”) was harvested from a crop produced from pre-basic seed to which sub-paragraph (4) applies, basic seed to which sub-paragraph (6) applies or C1 seed to which sub-paragraph (8) applies, and

(b)the variety of the harvested C2 seed was not listed at the time when the pre-basic, basic or C1 seed referred to in paragraph (a) was sown but was subject to an application for listing at that time which was subsequently granted.

(4) 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 test 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, C1 or C2 seed (as the case may be).

(5) This sub-paragraph applies to pre-basic seed of a component used in the production of a listed hybrid variety—

(a)that complied with the requirements of sub-paragraph (4)(a) and (b), and

(b)that was used as a component in the production of the harvested CS seed.

(6) 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; or

(iii)produced in an equivalent third country and found by a field inspection of the crop carried out by the approved seed certification authority in that country 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,

(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; or

(iii)was found by seed testing carried out by the approved seed certification authority or a licensed third country seed testing station in an equivalent third country to satisfy the Directive seed conditions for basic seed; and

(c)that was of the same variety as the harvested CS, C1 or C2 seed (as the case may be).

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

(a)that complied with the requirements of sub-paragraph (6)(a) and (b), and

(b)that was a component of the harvested CS seed.

(8) This sub-paragraph applies to C1 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 C1 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 or a licensed EC crop inspector in that State to satisfy the Directive crop conditions for C1 seed; or

(iii)produced in an equivalent third country and found by a field inspection of the crop carried out by the approved seed certification authority or a licensed third country crop inspector in that country to satisfy the Directive crop conditions for C1 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 C1 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 C1 seed; or

(iii)was found by seed testing carried out by the approved seed certification authority or a licensed third country seed testing station in an equivalent third country to satisfy the Directive seed conditions for C1 seed; and

(c)that was of the same variety as the harvested C2 seed.

PART IVMeaning of expressions relating to imported not finally certified seed

Not finally certified pre-basic seed harvested in another member State

52.—(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 9(1) of the Cereal 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 that has not been withdrawn or finally determined has been made;

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

(d)a component used in the production of a listed hybrid variety;

(e)a component used in the production of a listed 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 used in the production of a previously listed hybrid 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 name of the member State or their commonly used initials;

(b)the species of the seed, indicated at least in Roman characters under its botanical name, which may be given in abridged form and without the author’s name;

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

(d)in the case of a component intended solely as a component to be used in the production of a listed hybrid variety, the word “component”;

(e)the category of the seed;

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

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

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

Not finally certified basic seed harvested in another member State

53.—(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 9(1) of the Cereal 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 paragraphs 52(3).

Not finally certified CS seed harvested in another member State

54.—(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, in the case of a crop from which CS seed of a hybrid variety is to be harvested, includes a crop that has been produced from crossing basic seed officially certified by or on behalf of a competent seed certification authority in a member State with basic seed officially certified by an approved seed certified authority in an equivalent third country; 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 9(1) of the Cereal 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 paragraphs 52(3).

Not finally certified C1 seed harvested in another member State

55.—(1) In these Regulations “not finally certified C1 seed harvested in another member State” means C1 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 C1 seed;

(c)that has been packed in a sealed package in accordance with the requirements of Article 9(1) of the Cereal 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 C1 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 paragraphs 52(3).

Not finally certified C2 seed harvested in another member State

56.—(1) In these Regulations “not finally certified C2 seed harvested in another member State” means C2 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 or C1 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 C2 seed;

(c)that has been packed in a sealed package in accordance with the requirements of Article 9(1) of the Cereal 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 C2 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 paragraphs 52(3).

Not finally certified CS seed harvested in an equivalent third country

57.—(1) In these Regulations “not finally certified CS seed harvested in an equivalent third country” means CS seed—

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

(b)that has been harvested from a crop—

(i)that has been produced in an equivalent third country directly from officially certified basic seed, and, in the case of a crop from which CS seed of a hybrid variety is to be harvested, includes a crop that has been produced from crossing basic seed officially certified by or on behalf of a competent seed certification authority in a member State with basic seed officially certified by an approved seed certified authority in an equivalent third country, and

(ii)that has been found, by a field inspection of the crop carried out by the approved seed certification authority in the equivalent third country in which the crop was produced, or a licensed third country field inspector in that country, in accordance with the conditions specified in Part A of Annex II to the Third Country Equivalence Decision, to satisfy the Directive crop conditions for CS seed;

(c)that has been packed in a sealed package and labelled in accordance with the requirements specified in paragraph 2 of Part A of Annex II to the Third Country Equivalence Decision;

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

(e)that is accompanied by an Annex II.A(3) official certificate relating to the seed issued by the approved seed certification authority in the equivalent third country 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; or

(c)a previously listed variety that is on the OECD List and for which a marketing extension is in force.

Not finally certified C1 seed harvested in an equivalent third country

58.—(1) In these Regulations “not finally certified C1 seed harvested in an equivalent third country” means C1 seed—

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

(b)that has been harvested from a crop—

(i)that has been produced in an equivalent third country directly from officially certified basic seed, and

(ii)that has been found, by a field inspection of the crop carried out by the approved seed certification authority in the equivalent third country in which the crop was produced, or a licensed third country field inspector in that country, in accordance with the conditions specified in Part A of Annex II to the Third Country Equivalence Decision, to satisfy the Directive crop conditions for C1 seed;

(c)that has been packed in a sealed package and labelled in accordance with the requirements specified in paragraph 2 of Part A of Annex II to the Third Country Equivalence Decision;

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

(e)that is accompanied by an Annex II.A(3) official certificate relating to the seed issued by the approved seed certification authority in the equivalent third country in which the seed was harvested.

(2) This sub-paragraph applies to C1 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 that is on the OECD List and for which a marketing extension is in force.

Not finally certified C2 seed harvested in an equivalent third country

59.—(1) In these Regulations “not finally certified C2 seed harvested in an equivalent third country” means C2 seed—

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

(b)that has been harvested from a crop that—

(i)has been produced in an equivalent third country directly from officially certified basic seed or C1 seed; and

(ii)has been found, by a field inspection of the crop carried out by the approved seed certification authority in the equivalent third country in which the crop was produced, or a licensed third country field inspector in that country, in accordance with the conditions specified in Part A of Annex II to the Third Country Equivalence Decision, to satisfy the Directive crop conditions for C2 seed;

(c)that has been packed in a sealed package and labelled in accordance with the requirements specified in paragraph 2 of Part A of Annex II to the Third Country Equivalence Decision;

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

(e)that is accompanied by an Annex II.A(3) official certificate relating to the seed issued by the approved seed certification authority in the equivalent third country in which the seed was harvested.

(2) This sub-paragraph applies to C2 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 that is on the OECD List and for which a marketing extension is in force.

Regulations 2(1) and 5(1)

SCHEDULE 2SPECIES OF SEED TO WHICH THESE REGULATIONS APPLY

1.  Barley.

2.  Durum wheat.

3.  Maize.

4.  Oats.

5.  Rye.

6.  Spelt wheat.

7.  Triticale.

8.  Wheat.

Regulations 2(1), 8(8), (9), (10), (11), (12), (13)(b), (15)(c), (18)(a), 10(3)(a) and (b), 10(4)(a), (b), (c), 11(15), 13(5)(f), 14(1)(b), 16(2)(a) and (3)(a) and paragraphs 2(3)(a), 5(3)(a), 7(3)(a), 10(3)(a), 14(3)(a), 18(3)(a), 20(3)(a), 24(3)(a), 28(3)(a), 32(3)(a), 36(3)(a), 40(3)(a), 44(3)(a), 48(3)(a), 51(4)(a), (6)(a) and (8)(a) of Schedule 1 and paragraphs 6, 9 and 10(2) of Schedule 4

SCHEDULE 3CONDITIONS RELATING TO CROPS FROM WHICH SEED IS TO BE HARVESTED

1.  The previous cropping of the field shall not have been incompatible with the production of seeds of the species and variety of the crop and the field shall be sufficiently free from plants which are volunteers from previous cropping.

2.  Subject to paragraph 3, in the case of maize, rye, other than a hybrid of rye, and a self-pollinating variety of triticale, the crop shall conform to the following standards as regards the minimum distances from neighbouring sources of pollen which may result in undesirable foreign pollination—

3.  Paragraph 2 shall not apply if there is sufficient protection from any undesirable foreign pollination.

4.  In the case of barley, durum wheat, oats, spelt wheat and wheat, the crop shall conform to the following standards as regards the minimum species purity—

5.  Subject to paragraphs 6 and 7, the crop shall have sufficient varietal identity and varietal purity.

6.  In the case of an inbred line, the crop shall have sufficient identity and purity as regards its characteristics.

7.  For the production of seed of a hybrid variety, the requirement for sufficient identity and purity shall also apply to the characteristics of the components including male sterility or fertility restoration.

8.  In the case of rye, other than a hybrid, the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed—

(a)one per 30 square metres for the production of basic seed, and

(b)one per 10 square metres for the production of CS seed.

9.  In the case of maize, the percentage by number of plants which are recognisable as obviously not being true to the variety, the inbred line or the component shall not exceed—

(a)for the production of basic seed—

(i)in the case of an inbred line; 0.1%;

(ii)in the case of each component of a simple hybrid; 0.1%; and

(iii)in the case of an open pollinated variety; 0.5%;

(b)for the production of CS seed—

(i)a component of a hybrid variety—

(aa)in the case of an inbred line; 0.2%;

(bb)in the case of a simple hybrid; 0.2%;

(cc)in the case of an open pollinated variety; 1%; and

(ii)in the case of an open pollinated variety, 1%.

10.—(1) In the case of the production of seed of a hybrid variety of maize—

(a)sufficient pollen shall be shed by the plants of the male component while the plants of the female component are in flower;

(b)where appropriate emasculation shall be carried out; and

(c)where 5% or more of the female component plants have receptive stigmas, the percentage of female component plants which have shed pollen or are shedding pollen shall not exceed—

(i)1% at an official UK field inspection or a UK field inspection carried out under official supervision, and

(ii)2% at the total of the official UK field inspections or UK field inspections carried out under official supervision.

(2) For the purposes of sub-paragraph (1)(a) and (c) plants shall be considered as having shed pollen or to be shedding pollen where, on 50 mm or more of the central axis or laterals of a panicle, the anthers have emerged from their glumes and have shed or are shedding pollen.

11.—(1) The provisions of this paragraph apply to a hybrid of rye.

(2) Subject to paragraph (3), the crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination—

(a)for the production of basic seed—

(i)where male sterility is used, a minimum distance of 1,000 metres, and

(ii)where male sterility is not used, a minimum distance of 600 metres, and

(b)for the production of CS seed, a minimum distance of 500 metres.

(3) Sub-paragraph (2) shall not apply if there is sufficient protection from any undesirable foreign pollination.

(4) The crop shall have sufficient identity and purity as regards the characteristics of the components, including male sterility.

(5) The number of plants of the crop species which are recognisable as obviously not being true to the component shall not exceed—

(a)in the case of a crop for the production of basic seed, one per 30 square metres, and

(b)subject to paragraph (6), in the case of a crop for the production of CS seed, 1 per 10 square metres.

(6) In an official UK field inspection or a UK field inspection carried out under official supervision the standard in sub-paragraph (5)(b) shall apply to the female component only.

(7) In the case of basic seed, where male sterility is used, the level of sterility of the male-sterile component shall be at least 98%.

(8) Where appropriate, CS seed shall be produced in mixed cultivation of a female male-sterile component with a male component which restores male fertility.

12.—(1) The provisions of this paragraph apply to a crop to produce a hybrid of barley, durum wheat, oats, self-pollinating triticale, spelt wheat or wheat.

(2) Subject to paragraph (3), the female component of the crop shall be at least 25 metres from a crop of any other variety of the same species except from a crop of the male component.

(3) Paragraph (2) shall not apply if there is sufficient protection from any undesirable foreign pollination.

(4) The crop shall have sufficient identity and purity as regards the characteristics of the components.

(5) Where seed is produced using a chemical hybridisation agent, the crop shall conform to the following standards or other conditions—

(a)the minimum varietal purity of each component shall be—

(i)in the case of barley, durum wheat, oats, spelt wheat or wheat, 99.7%, and

(ii)in the case of self-pollinating triticale, 99.0%, and

(b)the minimum hybridity shall be 95%.

(6) In cases where the hybridity is determined during seed testing prior to certification, the determination of the hybridity during a field inspection need not be done.

13.  The maximum number of wild oats per hectare shall be as follows—

14.  Harmful organisms which reduce the usefulness of the seed, in particular loose smut infection, shall be at the lowest possible level.

15.—(1) A crop from which basic seed is to be produced shall be examined by an official UK field inspection to determine whether the crop meets the conditions set out in this Schedule and in Part I of Schedule 4.

(2) A crop from which CS, C1 or C2 seed is to be produced shall be examined by means of an official UK field inspection or a UK field inspection carried out under official supervision to determine whether the crop meets the conditions set out in this Schedule and in Part I of Schedule 4.

(3) Field inspections shall be carried out at a time when the condition and stage of development of the crop permit an adequate examination.

(4) A crop from which HVS level basic, C1 or C2 seed is to be produced shall not be more than one third lodged at the time of inspection.

(5) Subject to sub-paragraphs (6) and (7), at least one field inspection of the crop shall be carried out.

(6) Subject to sub-paragraph (7), at least three field inspections shall be carried out in the case of an inbred line or hybrid of maize.

(7) In the case of maize, where the crop to be examined follows a maize crop in either the preceding or current year, at least one special field inspection shall be carried out to check that the condition contained in paragraph 1 has been complied with.

16.  For the purpose of determining whether the crop from which pre-basic seed is to be produced meets the conditions laid down in this Schedule, the crop from which such seed is to be produced shall be treated in the same way as a crop from which basic seed is to be produced.

Regulations 2(1), 8(8)(a) and (b), (9), (10), (11), (12), (13)(b), (15)(c) and (18)(a), 10(3)(a) and (b), (4)(a), (b) and (c), 11 (6), (7), (8)(a), (9), (10), (11), (12), (13) and (15)(a) and (b), 13(3), (4) and (5)(f),(g) and (h), 14(1)(b) and (c) and 16(2)(a) and (b) and (3)(a) and (b), paragraphs 2(3)(a), 5(3)(a) 7(3)(a), 10(3)(a), 14(3)(a), 18(2), 18(3)(a), 20(3)(a), 24(3)(a), 28(3)(a), 32(3)(a), 36(3)(a), 40(3)(a), 44(3)(a), 48(3)(a), 51(4)(a), (6)(a) and (8)(a) of Schedule 1, paragraph 15(1) of Schedule 3 and Schedule 8

SCHEDULE 4CONDITIONS TO BE SATISFIED BY THE SEED

PART IConditions to be examined mainly by field inspections

1.  The seed shall have sufficient varietal identity and varietal purity.

2.  The seed of an in-bred line shall have sufficient identity and purity as regards its characteristics.

3.  In the case of seed of a hybrid variety, the requirement for sufficient identity and purity shall also apply to the characteristics of the components.

4.  In the case of barley, durum wheat, oats, spelt wheat and wheat, other than a hybrid in each case, the minimum varietal purity shall conform to the following standards—

5.  In the case of a self-pollinating variety of triticale, other than a hybrid, the minimum varietal purity shall be—

(a)99.7% in the case of basic seed;

(b)99.0% in the case of C1 seed; and

(c)98.0% in the case of C2 seed.

6.  For the purposes of paragraphs 4 and 5, the minimum varietal purity of seed shall be examined mainly in official UK field inspections or UK field inspections carried out under official inspection carried out in accordance with the conditions laid down in paragraph 15 of Schedule 3.

7.—(1) Subject to sub-paragraph (2), in the case of a hybrid of barley, durum wheat, oats, self-pollinating triticale, spelt wheat and wheat, the minimum varietal purity shall be 90% in the case of CS seed.

(2) For the purposes of sub-paragraph (1), the minimum varietal purity of seed shall be examined mainly in official post control tests on an appropriate proportion of samples.

8.  Where a female male-sterile component and a male component which does not restore male fertility are used for the production of CS seed of a hybrid variety of maize, the seed shall be produced—

(a)by blending seed lots in a proportion appropriate to the variety where, on the one hand a female male-sterile component has been used and, on the other, a female male-fertile component has been used, or

(b)by growing the female male-sterile component and the female male-fertile component in a proportion appropriate to the variety.

9.  In the case of seed produced in the manner specified in paragraph 8(b) the proportion of the female male-sterile and female male-fertile components shall be examined in field inspections carried out in accordance with the conditions laid down in paragraph 15 of Schedule 3.

10.—(1) Subject to sub-paragraphs (3) and (4), in the case of barley, durum wheat, spelt wheat and wheat, the maximum percentage by number of loose smut infection shall be as follows—

(2) For the purposes of sub-paragraph (1), the incidence of loose smut infection of seed shall be examined mainly in official UK field inspections or UK field inspections carried out under official supervision carried out in accordance with the conditions laid down in paragraph 15 of Schedule 3.

(3) The provisions of sub-paragraph (1) shall not apply to seed which has failed to meet the standards laid down in that sub-paragraph if it has been adequately treated by any product approved by the National Assembly for the control of loose smut under the Control of Pesticides Regulations 1986(1).

(4) The provisions of sub-paragraph (1) shall not apply to seed which has failed to meet the standards laid down in that sub-paragraph (1) if an embryo test carried out by an official testing station or a licensed seed testing station on the sample submitted for seed testing shows that the seed meets the relevant standard.

PART IIConditions to be examined by seed testing

11.  The seed shall conform to the following standards or other conditions as regards analytical purity—

12.—(1) The seed shall conform to the following standards or other conditions as regards the content of seeds of other plant species—

(2) In the table set out in paragraph (1)—

“corn cockle” means plants of the species Agrostemma githago;

“couch” means plants of the species Agropyron repens;

“darnel” means plants of the species Lolium temulentum;

“sterile brome” means plants of the species Bromus sterilis; and

“wild radish” means plants of the species Raphanus raphanistrum.

13.—(1) Subject to sub-paragraph (2), it shall be determined, by way of a germination test, whether the seed attains the percentage of germination specified in column 2 of the following table for the appropriate category of seed—

(2) Sub-paragraph (1) shall not apply to seed that has been subjected to a tetrazolium test carried out at an official testing station or a licensed seed testing station to establish the viability of the seed unless the result of the test casts doubt on whether it will satisfy the applicable germination standard set out in column 2 of the table set out in sub-paragraph (1).

14.  Sclerotia, or fragments of sclerotia, of ergot, shall not exceed the following in a sample of the weight specified in column 6 of Schedule 7, other than a sample of a hybrid of rye—

15.—(1) In a sample of a hybrid of rye of a weight specified in column 6 of Schedule 7 sclerotia or fragments of sclerotia of ergot shall not exceed—

(a)1 in the case of basic seed, and

(b)subject to sub-paragraph (2) below, 4 in the case of CS seed.

(2) Notwithstanding the provisions of sub-paragraph (1)(b), the presence of 5 sclerotia or fragments of sclerotia of ergot in a sample shall be deemed to be in conformity with the requirements of sub-paragraph (1) where a second sample of the same weight contains not more than 4 sclerotia or fragments of sclerotia.

16.—(1) Subject to paragraph (2), the maximum moisture content of the seed shall not exceed 17% by weight.

(2) A licensed seed testing station to which a regulation 11 application for the testing of an official sample of seed has been made (or the National Assembly in a case where regulation 11(3) or (4) applies), may decide not to carry out a moisture test to determine whether the condition in paragraph (1) has been complied with if—

(a)the official sample of the seed to be tested has already been subjected to a moisture test carried out by the licensed seed sampler who drew the official sample, and

(b)the results of that test indicate that the maximum moisture content of the seed does not exceed 17% by weight.

PART IIIConditions to be examined mainly by inspections of control plots

17.—(1) In the case of a hybrid of barley, durum wheat, oats, spelt wheat, wheat and self-pollinating triticale, the minimum varietal purity shall be 90% in the case of CS seed.

(2) For the purposes of sub-paragraph (1), the minimum varietal purity of seed shall be examined on an appropriate proportion of samples.

18.  Seed of a hybrid of rye shall not be certified as CS seed unless due account has been taken of the results of an official post-control test on samples of basic seed taken officially and carried out during the growing season of the seed entered for certification as CS seed to ascertain whether the basic seed met the requirements for basic seed laid down in these Regulations in respect of identity and purity as regards the characters of the components, including male sterility.

PART IVOther conditions

19.  Subject to paragraphs 10, 14 and 15, harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level that can be achieved.

PART VGeneral provisions

20.  For the purpose of determining whether seed meets the conditions laid down in this Schedule, pre-basic seed shall be treated in the same way as basic seed.

Regulations 13(1)

SCHEDULE 5RE-GRADING OF SEED

Regulation 15(1)

SCHEDULE 6CATEGORIES OF SEED THAT MAY BE MARKETED

Breeders seed

1.  Breeders seed.

Pre-basic seed of a listed variety

2.  UK officially certified pre-basic seed of a listed variety.

3.  EC officially certified pre-basic seed of a listed variety.

4.  Overseas tested officially certified pre-basic seed of a listed variety.

Basic seed of a listed variety

5.  UK officially certified basic seed of a listed variety.

6.  EC officially certified basic seed of a listed variety.

7.  Third country officially certified basic seed of a listed variety.

8.  Overseas tested officially certified basic seed of a listed variety.

CS seed of a listed variety

9.  UK officially certified CS seed of a listed variety.

10.  EC officially certified CS seed of a listed variety.

11.  Third country officially certified CS seed of a listed variety.

12.  Overseas tested officially certified CS seed of a listed variety.

C1 seed of a listed variety

13.  UK officially certified C1 seed of a listed variety.

14.  EC officially certified C1 seed of a listed variety.

15.  Third country officially certified C1 seed of a listed variety.

16.  Overseas tested officially certified C1 seed of a listed variety.

C2 seed of a listed variety

17.  UK officially certified C2 seed of a listed variety.

18.  EC officially certified C2 seed of a listed variety.

19.  Third country officially certified C2 seed of a listed variety.

20.  Overseas tested officially certified C2 seed of a listed variety.

Early movement pre-basic seed of a listed variety

21.  UK officially certified early movement pre-basic seed of a listed variety.

22.  EC officially certified early movement pre-basic seed of a listed variety.

Early movement basic seed of a listed variety

23.  UK officially certified early movement basic seed of a listed variety.

24.  EC officially certified early movement basic seed of a listed variety.

Early movement CS seed of a listed variety

25.  UK officially certified early movement CS seed of a listed variety.

26.  EC officially certified early movement CS seed of a listed variety.

Early movement C1 seed of a listed variety

27.  UK officially certified early movement C1 seed of a listed variety.

28.  EC officially certified early movement C1 seed of a listed variety.

Early movement C2 seed of a listed variety

29.  UK officially certified early movement C2 seed of a listed variety.

30.  EC officially certified early movement C2 seed of a listed variety.

Pre-basic seed of a component used in the production of a listed hybrid variety

31.  UK officially certified pre-basic seed of a component used in the production of a listed hybrid variety.

32.  EC officially certified pre-basic seed of a component used in the production of a listed hybrid variety.

33.  Overseas tested officially certified pre-basic seed of a component used in the production of a listed hybrid variety.

Basic seed of a component of a listed hybrid variety

34.  UK officially certified basic seed of a component of a listed hybrid variety.

35.  EC officially certified basic seed of a component of a listed hybrid variety.

36.  Third country officially certified basic seed of a component of a listed hybrid variety.

37.  Overseas tested officially certified basic seed of a component of a listed hybrid variety.

Early movement pre-basic seed of a component used in the production of a listed hybrid variety

38.  UK officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety.

39.  EC officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety.

Early movement basic seed of a component of a listed hybrid variety

40.  UK officially certified early movement basic seed of a component of a listed hybrid variety.

41.  EC officially certified early movement basic seed of a component of a listed hybrid variety.

Regulations 2(1), 23(2),(3), (4) and (5), 26(6) and paragraph 14 of Schedule 4

SCHEDULE 7LOT AND SAMPLE WEIGHTS

Regulation 26(4), (5), (6)(a), (7)(a), (8)(a), (9)(a), (10(a), (11)(a)(ii) and (13)(a) and (b)

SCHEDULE 8LABELLING

PART IParticulars to be marked or displayed on the sale of unpackaged seed (loose sales)

Particulars to be marked or displayed on the sale of unpackaged seed other than a mixture of seeds

1.  The following particulars shall be given—

(a)“complies with legal standards”;

(b)the species;

(c)the variety;

(d)in the case of a variety which is a hybrid, the word “hybrid”; and

(e)in the case of C1 and C2 seed of oats officially classified as being of a naked oat type, the words “minimum germination capacity 75%”.

Particulars to be marked or displayed on the sale of an unpackaged mixture of seeds

2.  The following particulars shall be given—

(a)“complies with legal standards”; and

(b)the proprietary name of the mixture or the species and variety, and the proportion by weight, of the components in the mixture.

PART IILabelling of packages of breeder’s seed

3.  The package shall be labelled, not later than the time of sealing, on the outside with a supplier’s label containing the following particulars—

(a)the name and address of the supplier responsible for affixing the labels or the supplier’s registered number;

(b)the reference number of the lot;

(c)the species;

(d)the variety;

(e)the words “breeder’s seed”; and

(f)the declared net or gross weight or declared number of seeds.

4.  The label referred to in paragraph 3 shall be coloured buff.

PART IIILabelling of packages of officially certified pre-basic seed

Official label for a package of officially certified pre-basic seed

5.  The package shall be labelled, not later than the time of sealing, on the outside with an official label which has not previously been used containing the following particulars

(a)the name of the certification authority and member State or their commonly used initials;

(b)the reference number of the lot;

(c)the month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows—

(i)by the word “Sealed” followed by the month and year of sealing, or

(ii)by the word “Sampled” followed by the month and year of last official sampling for the purposes of certification;

(d)the species, indicated at least under its botanical name, which may be given in abridged form and without the author’s name in Roman characters;

(e)the variety, indicated at least in Roman characters;

(f)the description “pre-basic seed”;

(g)the number of generations by which the seed precedes CS seed or C1 seed;

(h)the country of production;

(i)the declared net or gross weight or declared number of seeds; and

(j)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seeds and the total weight.

6.  The label referred to in paragraph 5 shall be coloured white with a diagonal violet line.

7.  The minimum size of the label referred to in paragraph 5 shall be 110 mm x 67 mm.

8.  The label referred to in paragraph 5—

(a)shall be—

(i)an adhesive label, or

(ii)a label secured to the package by a sealing device approved by the National Assembly, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)shall be fixed to the package by—

(i)an authorised officer or any person being supervised by such a person, or

(ii)a licensed seed sampler or any person being supervised by such a person.

PART IVLabelling of packages of officially certified basic, CS, C1 and C2 seed

Official label for a package of officially certified basic, CS, C1 or C2 seed

9.  The package shall be labelled, not later than the time of sealing, on the outside with an official label which has not previously been used containing the following particulars—

(a)the words “EC rules and standards”;

(b)the name of the certifying authority and member State or their commonly used initials;

(c)the reference number of the lot;

(d)the month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows—

(i)by the word “Sealed” followed by the month and year of sealing, or

(ii)by the word “Sampled” followed by the month and year of last official sampling for the purposes of certification;

(e)the species, indicated at least under its botanical name, which may be given in abridged form and without the author’s name in Roman characters;

(f)the variety, indicated at least in Roman characters;

(g)in the case of a variety which is a hybrid or an inbred line—

(i)for basic seed where the hybrid or inbred line to which the seed belongs has been officially accepted on a National List or the Common Catalogue, the name under which it has been officially accepted, with or without a reference to the final variety, accompanied, in the case of a hybrid or inbred line which is intended solely as a component for a final variety, by the word “component”;

(ii)for basic seed in other cases, the name of the component to which the basic seed belongs, which may be given in code form, accompanied by a reference to the final variety, with or without reference to its function (male or female) and accompanied by the word “component”; and

(iii)for CS seed, the name of the variety to which the seed belongs, accompanied by the word “hybrid”;

(h)the category;

(i)the country of production;

(j)the declared net or gross weight or declared number of seeds;

(k)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seeds and the total weight;

(l)in the case of C1 and C2 seed of oats officially classified as being of a naked oat type, the words “minimum germination capacity 75%”.

10.  Where at least germination has been retested, the words “retested” followed by the month and year of retesting and the authority responsible for such retesting may be indicated on the official label referred to in paragraph 9 or on an official sticker attached to the official label.

11.  The minimum size of the label referred to in paragraph 9 shall be 110 mm x 67 mm.

12.  The label referred to in paragraph 9 shall be coloured—

(a)white for basic seed;

(b)blue for CS and C1 seed; and

(c)red for C2 seed.

13.  The label referred to in paragraph 9—

(a)shall be—

(i)an adhesive label, or

(ii)a label secured to the package by a sealing device approved by the National Assembly, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)shall be fixed to the package by—

(i)an authorised officer or any person being supervised by such a person, or

(ii)a licensed seed sampler or any person being supervised by such a person.

Supplier’s label for a small package of officially certified pre-basic, basic, CS, C1 or C2 seed

14.  The package shall be labelled not later than the time of sealing—

(a)on the outside;

(b)subject to paragraph 15, with a supplier’s label containing the following particulars—

(i)“EC rules and standards”;

(ii)the name and address of the supplier responsible for marking or the supplier’s registration number;

(iii)the reference number of the lot;

(iv)the species, indicated at least in Roman characters;

(v)the variety, indicated at least in Roman characters;

(vi)the category;

(vii)declared net weight or declared number of seeds;

(viii)for hybrid varieties of maize, the word “hybrid”; and

(ix)in the case of C1 and C2 seed of oats officially classified as being of a naked oat type, the words “minimum germination capacity 75%”.

15.  The label referred to in paragraph 14(b) shall not be required if the information specified in paragraph 14(b)(i) to (ix) is printed indelibly on the outside of the package.

16.  The label referred to in paragraph 14(b) shall be coloured—

(a)white with a diagonal violet line for pre-basic seed;

(b)white for basic seed;

(c)blue for CS or C1 seed; and

(d)red for C2 seed.

PART VLabelling of packages of mixtures of seed

Official label for a package of a mixture of seeds

17.  The package shall be labelled, not later than the time of sealing, on the outside with an official label which has not previously been used containing the following particulars—

(a)the words “Mixture of” followed by the species and varieties;

(b)the name of the authority responsible for sealing the package and the member State or their commonly used initials;

(c)the reference number of the lot;

(d)the word “sealed” followed by the month and year of sealing;

(e)the species, variety, category, country of production and proportion by weight of each of the components, which, in the case of the name of the species and of the varieties, shall be indicated at least in Roman characters;

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

(g)where weight is indicated and granulated pesticides, pelleting substances or other sold additives are used, the nature of the additive and also the approximate ratio between the weight of the pure seeds and the total weight.

18.  Where at least germination of all the components of a mixture have been retested, the words “retested” followed by the month and year of retesting and the service responsible for such retesting may be indicated on the official label referred to in paragraph 17 or on an official sticker attached to the official label.

19.  The minimum size of the label referred to in paragraph 17 shall be 110 mm x 67 mm.

20.  The label referred to in paragraph 17 shall be coloured green.

21.  The label referred to in paragraph 17—

(a)shall be—

(i)an adhesive label, or

(ii)a label secured to the package by a sealing device approved by the National Assembly, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)shall be fixed to the package by—

(i)an authorised officer or any person being supervised by such a person, or

(ii)a licensed seed sampler or any person being supervised by such a person.

Supplier’s label for a small package of a mixture of seeds

22.  The package shall be labelled not later than the time of sealing—

(a)on the outside;

(b)subject to paragraph 23, with a supplier’s label containing the following particulars—

(i)the words “Mixture of” followed by the species and varieties;

(ii)the name and address of the supplier responsible for marking or the supplier’s registration number or identification mark;

(iii)the reference number of the seed lot;

(iv)the species and varieties indicated at least in Roman characters or the proprietary name of the mixture; and

(v)declared net weight or declared number of seeds.

23.  The label referred to in paragraph 22(b) shall not be required if the information specified in paragraph 22(b)(i) to (v) is printed indelibly on the outside of the package.

24.  The label referred to in paragraph 22(b) shall be coloured green.

PART VIPrinting of specified matters on packages (whole bag labelling)

Seed which has not been imported

25.  The printing or stamping of the packages shall be under the supervision of the National Assembly.

26.  Each package shall have printed or stamped on it, or be perforated with, an individual serial number allocated by the National Assembly, which shall appear in the same panel as the particulars of the matters specified in paragraph 9.

27.  Arrangements shall be made with the printers for returns to be made to the National Assembly of the number of packages printed or stamped pursuant to regulation 26(13) and of the individual serial numbers of such packages.

28.  The reference number of the seed lot and the month and year in which the package was officially sealed shall be printed or stamped under the supervision of an authorised officer or a licensed seed sampler at the time of sampling for official examination.

29.  There shall be kept such records or seed packaged and marketed pursuant to regulation 26(13) as may be required by the National Assembly.

30.  Each package of seed marketed in accordance with regulation shall be capable of having affixed to it, in a manner approved by the National Assembly, a label containing a statement pursuant to regulation 17.

Seed imported from another Member State

31.  Such requirements of the member State from which the seed has been imported as correspond to the requirements specified in this Part for seed which has not been imported shall, in the opinion of the National Assembly, have been satisfied.

Regulation 27(2)

SCHEDULE 9LIMITS OF VARIATION

GERMINATION

ANALYTICAL PURITY

CONTENT OF SEEDS OF OTHER SPECIES

Regulation 31

SCHEDULE 10INDEX OF WORDS AND EXPRESSIONS USED IN THESE REGULATIONS

The expressions listed in the left-hand column of the following table are defined in the corresponding provisions listed in the right-hand column of the table—