The Beet Seed (Wales) Regulations 2005

Regulation 2(5) and 23(13) and Schedule 10

SCHEDULE 1INTERPRETATION

PART IMeaning of pre-basic seed and similar expressions

Pre-basic seed

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

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

(b)is intended to be used for the production of more pre-basic seed or basic seed.

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 Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development, and

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

(3) This paragraph applies to—

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

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

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

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

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

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

(i)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 paragraph (a)(ii) and (iii);

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

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

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

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

(e)pre-basic seed—

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

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

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

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

(4) Seed of a listed variety, or seed of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the National Assembly under regulation 12 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 IV(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 Scottish Ministers, the Secretary of State or the Department of Agriculture and Rural Development, and

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

(3) This paragraph applies to—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(4) Seed of a listed variety, or seed of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the National Assembly under regulation 12 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.

Officially certified pre-basic seed

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

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

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

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

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

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

PART IIMeaning of basic seed and similar expressions

Basic seed

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

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

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

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

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

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

UK officially certified basic seed of a listed variety

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

(2) This paragraph applies to—

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

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

(3) This paragraph applies to—

(a)basic seed of a listed variety—

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

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

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

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

(c)basic seed of a listed variety—

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

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

(d)basic seed of a previously listed variety—

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

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

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

(e)basic seed—

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

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

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

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

(4) Seed of a listed variety, or seed of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the National Assembly under regulation 12 to re-grade it as basic seed.

EC officially certified basic seed of a listed variety

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

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

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

Third country officially certified basic seed of a listed variety

11.—(1) In these Regulations “third country officially certified basic seed of a listed variety” means seed 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 OECD Beet 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 Beet 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 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 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

12.—(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 has been 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 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 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; and

(d)that is accompanied by—

(i)an Annex IV(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—

(a)that complies with the requirements of paragraph 11(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

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

(2) This paragraph applies to—

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

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

(3) This paragraph applies to—

(a)basic seed of a listed variety—

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

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

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

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

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

(c)basic seed of a listed variety—

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

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

(d)basic seed of a previously listed variety—

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

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

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

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

(4) Seed of a listed variety, or seed of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the National Assembly under regulation 12 to re-grade it as early movement basic seed.

EC officially certified early movement basic seed of a listed variety

14.  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

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

(2) This paragraph applies to—

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

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

(3) This paragraph applies to—

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

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

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

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

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

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

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

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

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

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

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

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

(e)basic seed—

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

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

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

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

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

16.  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

17.—(1) In these Regulations “third country officially certified basic seed of a component of a listed hybrid variety” means 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 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 OECD Beet 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 Beet 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 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 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

18.—(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 IV(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 17(2)(a), (b) and (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

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

(2) This paragraph applies to—

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

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

(3) This paragraph applies to—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

20.  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

21.  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 seed and similar expressions

CS seed

22.  In these Regulations “CS seed” means seed that has been produced directly from officially certified basic seed and is intended for the production of beet.

UK officially certified CS seed of a listed variety

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

(2) This paragraph applies to—

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

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

(3) This paragraph applies to—

(a)CS seed of a listed variety—

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

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

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

(c)CS seed of a listed variety—

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

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

(d)CS seed of a previously listed variety—

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

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

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

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

EC officially certified CS seed of a listed variety

24.  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

25.—(1) In these Regulations “third country officially certified CS seed of a listed variety” means CS seed 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, and

(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 OECD Beet 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 Beet 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 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 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

26.—(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 has been 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 IV(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—

(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 had 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 that—

(a)complies with the requirements of paragraph 25(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

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

(2) This paragraph applies to—

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

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

(3) This paragraph applies to—

(a)CS seed of a listed variety—

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

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

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

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

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

(c)CS seed of a listed variety—

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

(ii)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.

EC officially certified early movement CS seed of a listed variety

28.  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

29.  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.

Early multiplication

30.—(1) The requirement contained in paragraph 22 (that CS seed be produced directly from officially certified 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”) has been harvested from a crop produced from basic seed to which sub-paragraph (2) or (3) applies, and

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

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

(a)that was harvested from a crop—

(i)that was 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)that was 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)that was 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 official UK seed test or UK seed testing 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 an authorised seed testing laboratory, 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 seed.

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

(a)that complied with the requirements of sub-paragraph (2)(a) and (b), and

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

PART IVMeaning of expressions relating to imported not finally certified seed

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

31.—(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 11(1) of the Beet 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 IV(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State in which the seed was harvested.

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

(a)a listed variety;

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

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

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

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

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

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

(ii)under its common name; or

(iii)under both;

(c)for sugar beet the words “sugar beet” and for fodder beet the words “fodder beet”;

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

(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

32.—(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 is packed in a sealed package in accordance with the requirements of Article 11(1) of the Beet Seed Directive that is labelled with a grey label;

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

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

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

(a)a listed variety;

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

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

(d)a component of a listed hybrid variety;

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

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

(3) In this paragraph “grey label” shall have the same meaning as in paragraph 31(3).

Not finally certified CS seed harvested in another member State

33.—(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 11(1) of the Beet Seed Directive that 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 IV(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; or

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

(3) In this paragraph “grey label” shall have the same meaning as in paragraph 31(3).

Not finally certified CS seed harvested in an equivalent third country

34.—(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.

Regulation 4(1)

SCHEDULE 2SPECIES OF SEED TO WHICH THESE REGULATIONS APPLY

1.  Sugar beet

2.  Fodder beet

Regulations 2(1), 7(8) to (10), (11), (12), (13)(b), (15)(c) and (18)(a), 9(3), (4)(c) and 9(5), 10(15)(a) and (b), 12(4)(f), 13(1)(b) and paragraphs 2(3)(a), 5(3)(a), 9(3)(a), 13(3)(a), 15(3)(a), 19(3)(a), 23(3)(a), 27(3)(a) and 30(2)(a) of Schedule 1

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 Beta vulgaris of the variety of the crop and the field shall be sufficiently free from volunteers of such plants from previous cropping.

2.  The crop shall have sufficient varietal identity and varietal purity.

3.  The seed from which the crop has been produced and all previous multiplications of the seed shall have been examined—

(a)by or on behalf of the National Assembly, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development;

(b)by or on behalf of a competent seed certification authority in another member State; or

(c)by an approved seed certification authority in an equivalent third country .

4.  Subject to paragraphs 5 to 8, the crop shall conform to the following standards as regards distances from neighbouring sources of pollen—

5.  The distances specified in paragraph 4 can be disregarded if there is sufficient protection from any undesirable foreign pollinator.

6.  Paragraph 4 shall not apply in the case of seed crops using the same pollinator.

7.  Subject to paragraph 8, for the purpose of paragraph 4 the ploidy of both seed-bearing and pollen shedding components of a seed-producing crop is to be established by reference to the Common Catalogue or a National List.

8.  If information relating to the ploidy of the seed-bearing or pollen shedding components of a seed-producing crop is not included in the Common Catalogue or a National List, the ploidy of the components shall be regarded as unknown.

9.—(1) A crop from which basic seed is to be produced shall be examined by at least two official UK field inspections, one of stecklings and the other of the seed producing plants, to determine whether the crop meets the conditions laid down in this Schedule and in Part I of Schedule 4.

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

(3) The field inspections shall be carried out at a time when the cultural condition of the field and the stage of development of the crop permit identity and varietal purity to be adequately checked.

10.  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 and Part I of Schedule 4, 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), 7(8) to (12), (13)(b), (15)(c) and (18)(b), 9(3), (4)(c) and (5), 10(5), (6) to (13),(15)(a), 12(3) and 12(4)(f) to (h), 13(1)(b) and (c), paragraphs 2(3)(a), 5(3)(a), 9(3)(a), 13(3)(a), 15(3)(a), 16(2), 19(3)(a), 23(3)(a), 27(3)(a) and 30(2)(a) and (b) of Schedule 1 and paragraphs 9(1) and (2) and 10 of Schedule 3

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.

PART IIConditions to be examined by seed testing

2.  The minimum analytical purity of the seed shall be 97% by weight excluding, where appropriate, granulated pesticides, pelleting substances or other solid additives.

3.  The maximum moisture content of the seed shall be 15% by weight excluding, where appropriate, granulated pesticides, pelleting substances or other solid additives.

4.  The percentage by weight of other seeds shall not exceed 0.3.

5.  It shall be determined, by way of a germination test—

(a)in the case of basic seed, whether the seed attains the applicable percentage of germination set out in column 2 of the table below, and

(b)in the case of CS seed, whether the seed attains the applicable minimum percentage of germination set out in column 2 of the table below—

6.  In the case of monogerm seed—

(a)at least 90% of the germinated clusters shall give single seedlings, and

(b)clusters giving three or more seedlings shall not exceed 5% of the germinated clusters.

7.  In the case of precision seed of sugar beet—

(a)at least 70% of the germinated clusters shall give single seedlings, and

(b)clusters giving three or more seedlings shall not exceed 5% of the germinated clusters.

8.—(1) In the case of precision seed of fodder beet—

(a)in the case of a variety with a percentage of diploids exceeding 85, at least 58% of the germinated clusters shall give single seedlings, and

(b)in the case of any other variety, at least 63% of the germinated clusters shall give single seedlings.

(2) In the case of precision seed of fodder beet clusters giving three or more seedlings shall not exceed 5% of the germinated clusters.

9.  Subject to paragraph 10, in the case of monogerm and precision seed, the weight of inert matter shall not exceed—

(a)1.0% in the base of basic seed, and

(b)0.5% in the case of CS seed.

10.  For the purpose of determining whether the pelleted seed of basic or CS seed will satisfy the condition laid down in paragraph 9, an official sample of seed drawn from processed seed which has undergone partial decortication (rubbing or grinding) but has not yet been pelleted shall be examined.

PART IIIOther conditions

11.  Diseases which reduce the usefulness of the seed shall be at the lowest possible level that can be achieved.

PART IVGeneral provisions

12.  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.

Regulation 12(1) and 20(1)(b)

SCHEDULE 5RE-GRADING OF SEED

Regulation 14(1)

SCHEDULE 6CATEGORIES OF SEED THAT MAY BE MARKETED

Breeder’s seed

1.  Breeder’s 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.

Early movement pre-basic seed of a listed variety

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

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

Early movement basic seed of a listed variety

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

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

Early movement CS seed of a listed variety

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

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

Basic seed of a component of a listed hybrid variety

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

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

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

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

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

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

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

Regulations 2(1), 20(2), (3), (4) and (5) and 24(7)

SCHEDULE 7LOT AND SAMPLE WEIGHTS

PART IMaximum weight of a seed lot

20 metric tonnes

PART IIMinimum weight of a sample

500 grammes or 7,500 pelleted seeds

PART IIIMinimum weight of a sample for a moisture test

50 grammes

Regulation 23(3)(b), (4), (5)(a), (6)(a), (7)(a) and (8)(b)

SCHEDULE 8LABELLING

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

1.  The following particulars shall be given—

(a)“complies with legal standards”;

(b)for sugar beet the words “sugar beet” and for fodder beet the words “fodder beet”;

(c)the variety;

(d)for monogerm seed, the word “monogerm”; and

(e)for precision seed, the word “precision”.

PART IILabelling of packages of breeder’s seed

2.  A package of breeder’s seed 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 registration number;

(b)the reference number of the lot;

(c)for sugar beet the words “sugar beet” and for fodder beet the words “fodder beet”;

(d)the variety;

(e)the words “breeder’s seed”; and

(f)the declared net or gross weight or declared number of clusters or pure seed.

3.  The label referred to in paragraph 2 shall be coloured buff.

PART IIILabelling of packages of officially certified pre-basic seed

4.  A package of officially certified pre-basic seed 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 in Roman characters—

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

(ii)under its common name; or

(iii)under both;

(e)for sugar beet the words “sugar beet” and for fodder beet the words “fodder beet”;

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

(g)the description “pre-basic seed”;

(h)the number of generations by which the seed precedes CS seed;

(i)the country of production;

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

(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.

5.  The label referred to in paragraph 4 shall be coloured white with a diagonal violet line.

6.  The minimum size of the label referred to in paragraph 4 shall be 110 mm x 67 mm.

7.  The label referred to in paragraph 4—

(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 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 and CS seed

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

8.  A package of officially certified basic or CS seed, other than a small EC package of basic or CS seed, 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 in Roman characters—

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

(ii)under its common name; or

(iii)under both;

(f)for sugar beet the words “sugar beet” and for fodder beet the words “fodder beet”;

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

(h)the category;

(i)the country of production;

(j)the declared net or gross weight or declared number of clusters or pure seed;

(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 clusters or pure seeds and the total weight;

(l)for monogerm seed, the word “monogerm”; and

(m)for precision seed, the word “precision”.

9.  Where at least germination of the seed referred to in paragraph 8 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 8 or on an official sticker attached to the official label.

10.  The minimum size of the label referred to in paragraph 8 shall be 110 mm x 67 mm.

11.  The label referred to in paragraph 8 shall be coloured—

(a)white for basic seed, and

(b)blue for CS seed.

12.  The label referred to in paragraph 8—

(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 EC package of basic or CS seed

13.  A small EC package of basic or CS seed shall be labelled—

(a)not later than the time of sealing;

(b)subject to paragraph 14, on the outside; and

(c)with a label, a printed notice or stamp containing the following information—

(i)“small EC package”;

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

(iii)the officially assigned serial number;

(iv)the service which assigned the serial number and the name of the member State or their commonly used initials;

(v)the reference number of the lot;

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

(vii)for sugar beet the words “sugar beet” and for fodder beet the words “fodder beet”;

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

(ix)the category;

(x)the net or gross weight or number of clusters or pure seeds;

(xi)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 clusters or pure seeds and the total weight;

(xii)for monogerm seed, the word “monogerm”; and

(xiii)for precision seed, the word “precision”.

14.  If the packaging material is transparent the label, notice or stamp referred to in paragraph 13 may be placed inside the package provided it can be read through the packaging.

15.  The label, notice or stamp referred to in paragraph 13 shall be coloured—

(a)white for basic seed, and

(b)blue for CS seed.

Regulation 24(2)

SCHEDULE 9LIMITS OF VARIATION

FOR GERMINATION OR FOR CLUSTERS WITH A SINGLE SEEDLING

ANALYTICAL PURITY

CONTENT OF SEEDS OF OTHER SPECIES

CLUSTERS WITH THREE OR MORE SEEDLINGS

Regulation 28

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—