The Beet Seed (Wales) Regulations 2005

PART III Meaning 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.