4. Notwithstanding paragraphs 2 and 3, on receipt of an application made in accordance with regulation 14(1) and in pursuance of Article 15 (certification of seed from other EEA States or equivalent third countries) of the Fodder Plant Seed Directive for the issue of an official certificate in respect of a seed lot as Pre-basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed, the Scottish Ministers shall issue in respect of the seed lot an official certificate containing the particulars specified in paragraph 1 of Schedule 3 if–
(a)the seed has been–
(i)produced directly from fully certified Basic Seed, Certified Seed of the First Generation or seed certified in a third country which is permitted to be sold as Basic Seed or Certified Seed of the First Generation by virtue of a general licence granted by the Scottish Ministers under regulation 10 or the implementation of the Equivalence Decision; and
(ii)harvested in an EEA State other than the United Kingdom or in a third country; or
(b)the seed has been–
(i)produced directly from the crossing of fully certified Basic Seed with seed certified in a third country which is permitted to be sold as Basic Seed by virtue of a general licence granted by the Scottish Ministers under regulation 10 or the implementation of the Equivalence Decision; and
(ii)harvested in an EEA State other than the United Kingdom or in a third country; or
(c)the seed–
(i)is to be certified by the Scottish Ministers as Basic Seed;
(ii)has been produced directly from fully certified Pre-basic Seed or from seed certified in a third country which is permitted to be sold as Pre-basic seed by virtue of a general licence granted by the Scottish Ministers under regulation 10 or the implementation of the Equivalence Decision; and
(iii)has been harvested in an EEA State other than the United Kingdom or in a third country; and
provided that–
(d)if the seed has been harvested in an EEA State other than the United Kingdom, the seed has been harvested from a crop which has been found by official field inspection to satisfy the crop conditions specified in Annex I (crop standards) of the Fodder Plant Seed Directive for the relevant category of seed;
(e)if the seed has been harvested in an EEA State, the seed has been packed in a sealed package in accordance with the requirements of Article 9(1) (sealing) of the Fodder Plant Seed Directive and has been labelled in accordance with the requirements of the second indented sub-paragraph of the first paragraph of Article 15(2) (labelling requirements for certification of seed from other EEA States or equivalent third countries) of the Fodder Plant Seed Directive;
(f)if the seed has been harvested in an EEA State, the seed has been imported into the United Kingdom as not finally certified seed;
(g)if the seed has been harvested in an EEA State, the seed is accompanied by an Annex V(C) document relating to the seed issued by the competent seed certification authority in the EEA State; and
(h)official examination has shown that the conditions specified in Part II of Schedule 4 for the relevant category of seed have been satisfied.
Commencement Information
I1Sch. 2 para. 4 in force at 1.7.2005, see reg. 1(1)