The Cereal Seeds Regulations (Northern Ireland) 2009

PART 3 N.I. Meaning 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) N.I.

29.  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.

Commencement Information

I1 Sch. 1 para. 29 in operation at 31.12.2009, see reg. 1

UK officially certified CS seed of a listed variety N.I.

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

(2) This sub-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 National Assembly for Wales, 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 National Assembly for Wales and for which a marketing extension is in force.

(3) This sub-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 1 of Schedule 4 for a crop from which CS seed is to be produced;

(ii) that satisfies the conditions laid down in Parts 2, 3 and 4 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 2 of Schedule 4 for CS seed;

(b) CS seed of a previously listed variety that complies with the requirements of sub-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 sub-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 sub-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 sub-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 sub-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 sub-paragraph (a)(ii) and (iii); and

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

other than seed to which sub-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 National Assembly for Wales 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 Department under regulation 13 to re-grade it as CS seed.

Commencement Information

I2 Sch. 1 para. 30 in operation at 31.12.2009, see reg. 1

EC officially certified CS seed of a listed variety N.I.

31.  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.

Commencement Information

I3 Sch. 1 para. 31 in operation at 31.12.2009, see reg. 1

Third country officially certified CS seed of a listed variety N.I.

32.—(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

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 sub-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 sub-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).

Commencement Information

I4 Sch. 1 para. 32 in operation at 31.12.2009, see reg. 1

Overseas tested officially certified CS seed of a listed variety N.I.

33.—(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 sub-paragraph (a), and

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

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

(a) that complies with the requirements of paragraph 32(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.

Commencement Information

I5 Sch. 1 para. 33 in operation at 31.12.2009, see reg. 1

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

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

(2) This sub-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 National Assembly for Wales, 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 National Assembly for Wales and for which a marketing extension is in force.

(3) This sub-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 1 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 2, 3 and 4 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 2of 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 sub-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 sub-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 sub-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 sub-paragraph (a)(ii) to (iv); and

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

other than seed to which sub-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 National Assembly for Wales 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 Department under regulation 13 to re-grade it as early movement CS seed.

Commencement Information

I6 Sch. 1 para. 34 in operation at 31.12.2009, see reg. 1

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

35.  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.

Commencement Information

I7 Sch. 1 para. 35 in operation at 31.12.2009, see reg. 1

Officially certified CS seed N.I.

36.  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.

Commencement Information

I8 Sch. 1 para. 36 in operation at 31.12.2009, see reg. 1

C1 seed N.I.

37.  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.

Commencement Information

I9 Sch. 1 para. 37 in operation at 31.12.2009, see reg. 1

UK officially certified C1 seed of a listed variety N.I.

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

(2) This sub-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 National Assembly for Wales, 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 National Assembly for Wales and for which a marketing extension is in force.

(3) This sub-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 1 of Schedule 4 for a crop from which C1 seed is to be produced;

(ii) that satisfies the conditions laid down in Parts 2 and 4 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 2 of Schedule 4 for C1 seed;

(b) C1 seed of a previously listed variety that complies with the requirements of sub-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 sub-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 sub-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 sub-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 sub-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 sub-paragraph (a)(ii) and (iii); and

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

other than seed to which sub-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 National Assembly for Wales 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 Department under regulation 13 to re-grade it as C1 seed.

Commencement Information

I10 Sch. 1 para. 38 in operation at 31.12.2009, see reg. 1

EC officially certified C1 seed of a listed variety N.I.

39.  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.

Commencement Information

I11 Sch. 1 para. 39 in operation at 31.12.2009, see reg. 1

Third country officially certified C1 seed of a listed variety N.I.

40.—(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 sub-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).

Commencement Information

I12 Sch. 1 para. 40 in operation at 31.12.2009, see reg. 1

Overseas tested officially certified C1 seed of a listed variety N.I.

41.—(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 sub-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 sub-paragraph (a), and

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

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

(a) that complies with the requirements of sub-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.

Commencement Information

I13 Sch. 1 para. 41 in operation at 31.12.2009, see reg. 1

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

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

(2) This sub-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 National Assembly for Wales, 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 National Assembly for Wales and for which a marketing extension is in force.

(3) This sub-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 1 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 2 and 4 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 2 of Schedule 4 for C1 seed;

(b) C1 seed of a previously listed variety that complies with the requirements of sub-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 sub-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 sub-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 sub-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 sub-paragraph (a)(ii) to (iv); and

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

other than seed to which sub-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 National Assembly for Wales 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 Department under regulation 13 to re-grade it as early movement C1 seed.

Commencement Information

I14 Sch. 1 para. 42 in operation at 31.12.2009, see reg. 1

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

43.  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.

Commencement Information

I15 Sch. 1 para. 43 in operation at 31.12.2009, see reg. 1

Officially certified C1 seed N.I.

44.  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.

Commencement Information

I16 Sch. 1 para. 44 in operation at 31.12.2009, see reg. 1

C2 seed N.I.

45.  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.

Commencement Information

I17 Sch. 1 para. 45 in operation at 31.12.2009, see reg. 1

UK officially certified C2 seed of a listed variety N.I.

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

(2) This sub-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 National Assembly for Wales, 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 National Assembly for Wales and for which a marketing extension is in force.

(3) This sub-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 1 of Schedule 4 for a crop from which C2 seed is to be produced;

(ii) that satisfies the conditions laid down in Parts 2 and 4 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 2 of Schedule 4 for C2 seed;

(b) C2 seed of a previously listed variety that complies with the requirements of sub-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 sub-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 sub-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 sub-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 National Assembly for Wales 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 sub-paragraph (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 sub-paragraph (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 Department under regulation 13 to re-grade it as C2 seed.

Commencement Information

I18 Sch. 1 para. 46 in operation at 31.12.2009, see reg. 1

EC officially certified C2 seed of a listed variety N.I.

47.  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.

Commencement Information

I19 Sch. 1 para. 47 in operation at 31.12.2009, see reg. 1

Third country officially certified C2 seed of a listed variety N.I.

48.—(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 sub-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 paragraphs 2(a) to (d).

Commencement Information

I20 Sch. 1 para. 48 in operation at 31.12.2009, see reg. 1

Overseas tested officially certified C2 seed of a listed variety N.I.

49.—(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 sub-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 sub-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 sub-paragraph (b).

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

(a) complies with the requirements of paragraph 48(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.

Commencement Information

I21 Sch. 1 para. 49 in operation at 31.12.2009, see reg. 1

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

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

(2) This sub-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 National Assembly for Wales, 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 National Assembly for Wales and for which a marketing extension is in force.

(3) This sub-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 1 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 2 and 4 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 2 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 sub-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 sub-paragraph (a)(ii) to (iv); and

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

(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

complies with the requirements of sub-paragraph (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 sub-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 National Assembly for Wales 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 Department under regulation 13 to re-grade it as early movement C2 seed.

Commencement Information

I22 Sch. 1 para. 50 in operation at 31.12.2009, see reg. 1

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

51.  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.

Commencement Information

I23 Sch. 1 para. 51 in operation at 31.12.2009, see reg. 1

Officially certified C2 seed N.I.

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

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

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

(c) third country 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.

Commencement Information

I24 Sch. 1 para. 52 in operation at 31.12.2009, see reg. 1

Early multiplication N.I.

53.—(1) The requirement contained in paragraph 29(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 sub-paragraph (a) was sown but was subject to an application for listing at that time which was subsequently granted.

(2) The requirement contained in paragraph 37(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 sub-paragraph (a) was sown but was subject to an application for listing at that time which was subsequently granted.

(3) The requirement contained in paragraph 45(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 sub-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 1 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 2of 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 1 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 2 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

(iv) 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 1 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 2 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.

Commencement Information

I25 Sch. 1 para. 53 in operation at 31.12.2009, see reg. 1