The Beet Seeds Regulations (Northern Ireland) 2009

Statutory Rules of Northern Ireland

2009 No. 384

Seeds

The Beet Seeds Regulations (Northern Ireland) 2009

Made

25th November 2009

Coming into operation

31st December 2009

The Department of Agriculture and Rural Development(1) makes the following Regulations in exercise of the powers conferred by sections 1(1) and (2A) and 2 of the Seeds Act (Northern Ireland) 1965(2) after consultation, in accordance with Section 1(1) of that Act, with representatives of such interests as appear to it to be concerned:

PART 1 N.I. General

Citation and commencement N.I.

1.  These Regulations may be cited as the Beet Seeds Regulations (Northern Ireland) 2009, and shall come into operation on 31st December 2009.

Commencement Information

I1 Reg. 1 in operation at 31.12.2009, see reg. 1

General interpretation N.I.

2.—(1) In these Regulations—

“the 2004 Commission Decision” means Commission Decision 2004/842/EC(3) concerning implementing rules whereby Member States may authorise the placing on the market of seed belonging to varieties for which an application for entry in the national catalogue of varieties of agricultural plant species or vegetable species has been submitted;

“the Act” means the Seeds Act (Northern Ireland)1965;

“Annex II.A(3) official certificate” means an official certificate of the type specified in paragraph 3 of Part A of Annex II to the Third Country Equivalence Decision;

“Annex IV(C) document” means an official document of the type specified in the second indented sub-paragraph of Article 22(2) of the Beet Seed Directive containing the particulars specified in paragraph C of Annex IV to the Directive;

“another member State” means an EEA State other than the United Kingdom;

“approved seed certification authority” means an authority specified in column 2 of the table set out in Annex I to the Third Country Equivalence Decision;

“authorised officer” means an officer authorised for the purposes of these Regulations by the Department, the Secretary of State, the Scottish Ministers, or the National Assembly for Wales;

“the Beet Seed Directive” means Council Directive 2002/54/EC(4) on the marketing of beet seed as last amended by Council Directive 2004/117/EC(5);

“blended seed lot” means a seed lot obtained by blending seed where the seed that goes into the blend is—

(a)

of the same variety;

(b)

has come from different sources; and

(c)

either—

(i)

has been officially certified;

(ii)

has not been officially certified but has been harvested from a seed crop for which a field inspection report has been issued showing that the crop met the Directive crop conditions for the relevant category of seed; or

(iii)

is made up of seed that has been officially certified and seed that has not but for which a field inspection report of the type specified in sub-paragraph (2) has been issued;

“breeder”—

(a)

in relation to a variety that has not been entered in a National List or the Common Catalogue, includes any person lawfully multiplying (on his own account) seed bred by another, and

(b)

in relation to a variety that has been so entered, means the maintainer of the variety;

“breeder’s seed” means seed which has been produced by or under the responsibility of the breeder and that is intended for the production of pre-basic or basic seed;

“Commission Directive 2008/62” means Commission Directive 2008/62/EC(6) providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties;

“Common Catalogue” means the Common Catalogue of varieties of species of agricultural plants published in the Official Journal of the European Communities;

“the Common Catalogue Directive” means Council Directive 2002/53/EC(7) on the common catalogue of varieties of agricultural plant species, as last amended by the Food and Feed Regulation;

“component” means a component of a hybrid variety;

“conservation variety” means a variety which is listed as a conservation variety in accordance with the Seeds (National Lists of Varieties) Regulations 2001(8);

“control plot” means a plot sown with seed from an official sample of seed from a seed lot (whether the official sample of the seed submitted with a regulation 5 application in accordance with regulation 5(2) or another official sample of the seed);

“the Deliberate Release Directive” means Council Directive 2001/18/EC(9) on the deliberate release into the environment of genetically modified organisms, as last amended by Council Regulation (EC) No 1830/2003(10) concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms;

“the Department” means the Department of Agriculture and Rural Development in Northern Ireland;

“Directive crop conditions” means the conditions laid down in Part A of Annex I to the Beet Seed Directive;

“Directive seed conditions” means the conditions laid down in Part B of Annex I to the Beet Seed Directive;

“the EC minimum percentage of germination” means the appropriate percentage of germination specified in column 2 of the table in paragraph 5 of Schedule 4;

“EEA State” means—

(a)

a State which is a member of the Communities; and

(b)

Iceland, Liechtenstein and Norway;

“entered seed lot” means a seed lot in respect of which an application has been made under regulation 5 in accordance with regulation 5(2)(a), (b)(i) and (c);

“equivalent third country” means Chile, Croatia, New Zealand, Serbia and Montenegro, Turkey and the United States of America;

“fodder beet” means fodder beet of the species Beta vulgaris L.;

“the Food and Feed Regulation” means Council Regulation (EC) No 1829/2003(11) on genetically modified food and feed;

“genetically modified” has the same meaning as for the purposes of the Deliberate Release Directive;

“germination condition” means the condition in paragraph 5 of Schedule 4;

“homogeneous seed lot” means a seed lot that has been subject to appropriate mixing and blending techniques so that the seed in the lot is as uniform as practicable;

“ISTA” means the International Seed Testing Association;

“late entered seed lot” means a seed lot in respect of which an application has been made under regulation 5(1) in accordance with regulation 5(2)(a), (b)(2) and (c);

“licensed crop inspector” means a person who has been granted a licence under regulation 11 of the Seed (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009(12) or by the Secretary of State, the Scottish Ministers or the National Assembly for Wales under provisions equivalent to that regulation;

“licensed EC crop inspector” means a person authorised by a competent seed certification authority in another member State, pursuant to Article 2(3)A(a)(iii) of the Beet Seed Directive, to carry out field inspections of crops in that member State;

“licensed EC seed testing station” means a seed testing laboratory authorised by the competent seed certification authority in another member State, pursuant to Article 2(3)B(a) of the Beet Seed Directive, to carry out seed testing in that member State;

“licensed seed sampler” means a person who has been granted a licence under regulation 18 of the Seed (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009 or by the Secretary of State, the Scottish Ministers or the National Assembly for Wales under provisions equivalent to that regulation;

“licensed seed testing station” means a laboratory in respect of which a licence has been granted under regulation 25 of the Seed (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009 or by the Secretary of State, the Scottish Ministers or the National Assembly for Wales under provisions equivalent to that regulation;

“licensed third country crop inspector” means a person authorised by an approved seed certification authority in an equivalent third country, pursuant to Rule 6(2)(3) of, and Appendix 8 to, the OECD Beet Seed Scheme, to carry out field inspections of crops in that country;

“licensed third country seed testing station” means a seed testing laboratory authorised by the approved seed certification authority in an equivalent third country, pursuant to Rule 6(4)(2)(3) of, and Appendix 8B to, the OECD Beet Seed Scheme, to carry out seed testing in that country;

“listed variety” means a plant variety that is entered in a National List or the Common Catalogue;

“listing” means the entry of a variety on a National List or the Common Catalogue and “listed” shall be construed accordingly;

“maintainer” means a person who is indicated in a National List or in the Common Catalogue as responsible for maintaining a plant variety in accordance with the characteristics to which regard was had when the plant variety was entered in the List or the Common Catalogue;

“marketing extension” means an extension granted by the Department, the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the competent seed certification authority in another member State pursuant to Article 15 of the Common Catalogue Directive allowing an extended period for the certification and marketing of seed of a variety that has been deleted from its catalogue and the Common Catalogue;

“member State” means, in addition to a State which is a member of the Communities, any other EEA State and Switzerland;

“monogerm seed” means genetically monogerm seed;

“the National Assembly for Wales” means the National Assembly for Wales established by Section 45 of the Government of Wales Act 2006(13);

“a National List” means a list of varieties of sugar beet or fodder beet for the time being published in accordance with the Seeds (National Lists of Varieties) Regulations 2001;

“OECD” means the Organisation for Economic Co-operation and Development;

“OECD Beet Seed Scheme” means the OECD Scheme for the varietal certification of sugar beet and fodder beet moving in international trade in Annex IX to the OECD Decision;

“OECD Certificate” means a certificate issued by or on behalf of an approved seed certification authority in an equivalent third country under the OECD Beet Seed Scheme;

“OECD Decision” means the Decision of the OECD Council revising the OECD Schemes for Varietal Certification or the Control of Seed Moving in International Trade as last amended by OECD Council Decision C(2005)38;

“OECD List” means the OECD List of Varieties Eligible for Certification;

“official label” means a label issued or authorised by or on behalf of the Department, the Secretary of State, the Scottish Ministers, or the National Assembly for Wales;

“official measures” includes—

(a)

the disposal and determination, where applicable, of applications made in accordance with regulation 5, 7, 8, 9, 10, 11, 12, 17 and 18, including the growing and assessment of control plots and the carrying out of field inspections and seed testing in connection with the disposal and determination of such applications; and

(b)

the receipt and acknowledgement of notifications given under regulation 6,

“official sample” means a sample of seed taken from a seed lot in accordance with regulation 20 and “official sampling” shall be construed accordingly;

“official UK field inspection” means a field inspection carried out by or on behalf of the Department, the Secretary of State, the Scottish Ministers, or the National Assembly for Wales;

“official UK seed test” means a seed test carried out by or on behalf of the Department, the Secretary of State, the Scottish Ministers, or the National Assembly for Wales;

“precision seed” means seed designed for use in precision drills and to produce single seedlings;

“previously listed variety” means a plant variety that was previously entered in —

(a)

a National List or, in the case of another member State, the catalogue maintained by that State pursuant to Article 3 of the Common Catalogue Directive, and

(b)

the Common Catalogue,

but which has been removed from both of them;

“registered person” means a person registered under regulation 5 of the Seed (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009 as a person who may engage in a relevant seed industry activity;

“regulation 17 authorisation” means an authorisation granted in accordance with regulation 17;

“regulation 18 authorisation” means an authorisation granted in accordance with regulation 18;

“the Scottish Ministers” means the Scottish Executive as constituted by Section 44 of the Scotland Act 1998(14);

“Schedule 4 germination test” means a test to determine whether the seed being tested attains the percentage of germination specified in column 2 of the table in paragraph 5 of Schedule 4;

“the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;

“seed industry activity” has the same meaning as in regulation 2 of the Seed (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009;

“seed lot” means an identifiable consignment of seeds of a weight that does not exceed the weight specified in Part 1 of Schedule 7 by more than 5 per cent and that bears a unique seed lot reference number, and includes a blended seed lot and a seed lot that contains seed from different crops of the same variety grown on the same holding and combined on the grower’s holding prior to processing;

“seed that has been subject to satisfactory official post-control” means seed from a seed lot for which a control plot has been sown by or on behalf of the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales and which has produced plants which have been examined by or on behalf of the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales, as the case may be, and has been found, having regard to—

(a)

the conditions laid down in—

(i)

paragraphs 2, 3 and 10 of Schedule 3, and

(ii)

paragraphs 1 and 12 of Schedule 4, and

(b)

the category of the seed to be produced,

to be satisfactory seed from which to produce that category of seed;

“small EC package”, in relation to a package of officially certified basic or CS seed, means a package of seed containing—

(a)

in the case of monogerm or precision seed, not more than 100,000 clusters or grains or a net weight of not more than 2.5 kilograms, and

(b)

in the case of other seed, not more than a net weight of 10 kilograms,

excluding (where appropriate) granulated pesticides, pelleting substances or other solid additives;

“sugar beet” means sugar beet of the species Beta vulgaris L.;

“test and trial seed” means seed which is the subject of a regulation 18 authorisation;

“third country” means a country other than a member State;

“the Third Country Equivalence Decision” means Council Decision 2003/17/EC(15) on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries;

“a UK field inspection carried out under official supervision” means an examination of a crop carried out under official supervision by a licensed crop inspector;

“a UK seed test carried out under official supervision” means a seed test carried out under official supervision by a licensed seed testing laboratory;

“unlisted variety” means a variety that is not a listed variety;

“whenever carried out”—

(a)

in relation to an official UK field inspection of a crop being grown to produce seed of a listed variety or a component of a listed hybrid variety, means an inspection carried out before or after the listing of the variety or hybrid variety;

(b)

in relation to an official UK field inspection of a crop being grown to produce seed of a previously listed variety or a component of a previously listed hybrid variety, means an inspection carried out while the variety or hybrid variety was listed or after it became unlisted;

(c)

in relation to an official UK seed test or a UK seed test carried out under official supervision of seed of a listed variety or a component of a listed hybrid variety, means a test carried out before or after the listing of the variety or hybrid variety; and

(d)

in relation to an official UK seed test or a UK seed test carried out under official supervision of seed of a previously listed variety or a component of a previously listed hybrid variety, means a test carried out while the variety or hybrid variety was listed or after it became unlisted.

(2) All applications, approvals, authorisations, notices, notifications and statements to which these Regulations apply shall be made in writing.

(3) “Writing” in paragraph (2) shall include an electronic communication within the meaning of the Electronic Communications Act 2000(16) provided that—

(a) any document of the type referred to in paragraph (2) shall only be sent to the Department by an electronic communication if the Department has represented that electronic communication is a means by which persons can send such a document to it, and

(b) notifications required to be made by the Department to any person shall only be made by an electronic communication if the intended recipient has himself used the same form of electronic communication in communicating with the Department for the purpose of these Regulations or has otherwise represented that that form of electronic communication is a means by which the Department can communicate with it.

(4) Expressions in these Regulations which are not defined in this regulation or elsewhere in these Regulations or in a Schedule to these Regulations and which appear in the Beet Seed Directive have the same meaning in these Regulations as they have in that Directive.

(5) Schedule 1, which contains definitions of pre-basic seed and similar expressions, basic seed and similar expressions, CS seed and similar expressions and expressions relating to imported not finally certified seed, shall apply to the interpretation of these Regulations.

Commencement Information

I2 Reg. 2 in operation at 31.12.2009, see reg. 1

Definition of marketing N.I.

3.—(1) Subject to paragraph (2), in these Regulations “marketing” means—

(a) selling, holding with a view to sale or offering for sale, or

(b) any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,

whether or not for consideration, and “market” and “marketed” shall be construed accordingly.

(2) Trade in seed not aimed at commercial exploitation of the variety, such as the following operations—

(a) the supply of seed to official testing and inspection bodies, and

(b) the supply of seed to a person who provides processing or packaging services but who does not thereby acquire title to the seed supplied,

shall not be regarded as marketing of seed of that variety.

Commencement Information

I3 Reg. 3 in operation at 31.12.2009, see reg. 1

Seed to which these Regulations apply N.I.

4.—(1) Subject to paragraph (2), these Regulations apply to seed of the species specified in Schedule 2.

(2) These Regulations shall not apply to seed that is intended for export to a third country.

Commencement Information

I4 Reg. 4 in operation at 31.12.2009, see reg. 1

PART 2 N.I. Procedures relating to the official certification of seed

Entry of seed lots N.I.

5.—(1) Subject to paragraph (2), an application to enter a seed lot from which it is intended that a crop is to be produced from which pre-basic, basic or CS seed is to be harvested may be made to the Department by a registered person.

(2) An application made under this regulation—

(a) shall be made in such form and manner as the Department may require;

(b) shall be made—

(i) at such time as the Department may require, or

(ii) in the case of an application to enter a seed lot made after that time, at such time as the Department may otherwise allow; and

(c) shall be accompanied—

(i) unless otherwise agreed by the Department, by an official sample of seed from the seed lot that is identified by the reference number of the seed lot from which it was taken, and

(ii) by such information and other documents as the Department may require, including, if required, a copy of a qualifying seed test report relating to the seed lot.

(3) At an appropriate time following the receipt of an application made under this regulation, the Department may sow a control plot with seed taken from an official sample of seed taken from the seed lot (whether the official sample submitted in accordance with paragraph (2)(c)(i) or another official sample of seed taken from the seed lot).

(4) In this regulation—

“appropriate time” means a time during the period when seed of the relevant species is usually sown, and

“qualifying seed test report” means—

(a)

a seed test report issued in accordance with regulation 10(8), (9), (10) or (11), or

(b)

in a case where an official sample taken from the seed lot has been found to meet the conditions for the category of seed for which it was tested under regulation 10(6)(b), a seed test report issued in accordance with regulation 10(12)(b).

Commencement Information

I5 Reg. 5 in operation at 31.12.2009, see reg. 1

Entry of crop N.I.

6.—(1) A registered person who has sown seed from an entered or late entered seed lot from which it is intended to produce a crop from which pre-basic, basic or CS seed is to be harvested shall notify the Department that he has sown the seed.

(2) A notification given under this regulation—

(a) shall be given in such form and manner as the Department may require;

(b) shall be given within such time as the Department may require;

(c) shall specify the reference number of the seed lot from which the sown seed has been taken; and

(d) shall be accompanied by such information and other documents as the Department may require.

(3) Subject to paragraph (4), the Department shall acknowledge receipt of a notification given under this regulation.

(4) Subject to paragraph (5), unless specifically requested to do so by the applicant, the Department shall not individually acknowledge the receipt of each notification given under this regulation that it receives but shall periodically provide the applicant with a list of those crops for which it has received such a notification.

(5) Where the Department has previously provided the applicant with a list of those crops for which it has received a notification under this regulation from the applicant, any subsequent list periodically provided to the applicant under paragraph (4) shall list only those crops in respect of which the Department has received a notification under this regulation from him since last providing the applicant with such a list.

Commencement Information

I6 Reg. 6 in operation at 31.12.2009, see reg. 1

Field inspection of crops N.I.

7.—(1) Subject to paragraph (2), an application may be made to the Department by a registered person for the field inspection of—

(a) a crop being produced in Northern Ireland from an entered or late entered seed lot from which it is intended that pre-basic seed is to be harvested (“a regulation 7(1)(a) crop”);

(b) a crop being produced in Northern Ireland from an entered or late entered seed lot from which it is intended that basic seed is to be harvested (“a regulation 7(1)(b) crop”);

(c) a crop being produced in Northern Ireland from a late entered seed lot from which it is intended that CS seed is to be harvested (“a regulation 7(1)(c) crop”); or

(d) a crop being produced in Northern Ireland from an entered seed lot from which it is intended that CS seed is to be harvested of a variety that is not listed but for which an outstanding application for listing has been made (“a regulation 7(1)(d) crop”).

(2) An application made under paragraph (1) shall not be made in respect of a regulation 7(1)(a), (b) or (c) crop to produce seed of a variety, or hybrid variety, that is not listed, or seed of a component of a hybrid variety that is not listed, unless—

(a) an application for the listing of the variety or the hybrid variety has been made which has not been withdrawn or finally determined; or

(b) a marketing extension is in force in respect of the variety or hybrid variety.

(3) Subject to paragraph (4), an application for the field inspection of a crop being produced in Northern Ireland from an entered seed lot from which it is intended that CS seed is to be harvested (“a regulation 7(3) crop”) may be made to a licensed crop inspector by a registered person.

(4) An application under paragraph (3) shall not be made—

(a) in respect of a crop to produce seed of a variety or hybrid variety that is not listed unless a marketing extension is in force in respect of the variety or hybrid variety, and

(b) except in respect of a crop that is being produced from—

(i) seed that has been subject to satisfactory official post control, or

(ii) seed that is subject to official post control and for which a determination as to whether the seed is satisfactory seed from which to produce CS seed is awaited.

(5) If required by the Department, an application made under paragraph (3) shall be considered by the Department instead of by a licensed crop inspector.

(6) If permitted by the Department, an application made under paragraph (3) may be made to the Department instead of to a licensed crop inspector.

(7) An application made under paragraph (1) or (3) shall be made in such form and manner and at such time as the Department may require and shall be accompanied by such information, material, records, illustrations and other documents as she may require.

(8) Following the receipt of an application made under paragraph (1) or (3), the Department (in the case of an application made under paragraph (1) or an application made under paragraph (3) that is being considered by the Department under paragraph (5) or has been made to the Department under paragraph (6)), or the licensed crop inspector to whom an application has been made under paragraph (3) (as the case may be) shall inspect the crop in accordance with the relevant provisions of paragraph 9 of Schedule 3 to determine—

(a) whether the crop meets the conditions laid down in Schedule 3 and Part 1 of Schedule 4 for the production of the category of seed intended to be harvested, and

(b) unless requested not to do so by the applicant, whether it meets the conditions laid down in Schedule 3 and Part 1 of Schedule 4 for the production of any other category of seed to which paragraph (17) applies.

(9) Subject to paragraph (13), where in the case of an application made to the Department under paragraph (1) or an application made under paragraph (3) that is being considered by the Department under paragraph (5) or has been made to the Department under paragraph (6), the inspected crop is found to satisfy the conditions laid down in Schedule 3 and Part 1 of Schedule 4 for the production of—

(a) the category of seed intended to be harvested, and

(b) where applicable, any other category of seed to which paragraph (17) applies,

the Department shall issue a field inspection report (which it shall retain as a lodged report unless instructed not to do so by the applicant) stating (by reference to the relevant category or categories) that the crop has been found to meet those conditions and shall send the report, or (in a case where the original report is to be retained as a lodged report by the Department) a copy of the report, to the applicant.

(10) Where in the case of an application made to a licensed crop inspector under paragraph (3) the inspected crop is found to satisfy the conditions laid down in Schedule 3 and Part 1 of Schedule 4 for the production of CS seed, the licensed crop inspector shall issue a field inspection report to the applicant stating that the crop has been found to meet those conditions.

(11) Subject to paragraph (13), where in the case of an application made to the Department under paragraph (1) or an application made under paragraph (3) that is being considered by it under paragraph (5) or has been made to it under paragraph (6), the inspected crop is found not to satisfy the conditions laid down in Schedule 3 or Part 1 of Schedule 4 for the production of the category of seed intended to be harvested, the Department shall issue a field inspection report (which it shall retain as a lodged report unless instructed not to do so by the applicant)—

(a) stating that the crop has been found not to meet those conditions, and

(b) in a case where the crop has been inspected to determine whether it meets the conditions laid down in Schedule 3 and Part 1 of Schedule 4 for the production of any other category of seed to which paragraph (17) applies, stating the conditions (by reference to the relevant category or categories), if any, met by the crop,

and shall send the report, or (in a case where the original report is to be retained as a lodged report by the Department) a copy of the report, to the applicant.

(12) Where in the case of an application made to a licensed crop inspector under paragraph (3) the inspected crop is found not to satisfy the conditions laid down in Schedule 3 or Part 1 of Schedule 4 for the production of CS seed, the licensed crop inspector shall issue a field inspection report to the applicant stating that the crop has been found not to meet those conditions.

(13) Where—

(a) an application has been made to the Department under paragraph (1), or an application has been made under paragraph (3) that is being considered by the Department under paragraph (5) or has been made to the Department under paragraph (6), in respect of a crop produced from seed which was taken from a seed lot for which a control plot has been sown, and

(b) the results of the examination of the control plot show that the plants produced in the plot do not meet the conditions laid down in Schedule 3 or Part 1 or 3 of Schedule 4 for the production of the category of seed intended to be harvested,

the Department may take account of the results of that examination when carrying out an inspection of the crop to which the paragraph (1) or (3) application relates and in determining whether the Department should issue a field inspection report under paragraph (9) or (11).

(14) Where paragraph (15) applies, the Department may carry out its own examination of—

(a) a crop to which an application made under paragraph (3) relates;

(b) any other crops that are being produced from seed that has been taken from the same seed lot and in respect of which an application has been made under paragraph (3); or

(c) both the crops referred to in paragraphs (a) and (b).

(15) This paragraph applies where—

(a) an application has been made to a licensed crop inspector under paragraph (3) in respect of seed that is subject to official post-control;

(b) the plants produced in the control plot being used for the purpose of the official post control have been examined by or on behalf of the Department, the Secretary of State, the Scottish Ministers, or the National Assembly for Wales ; and

(c) it has been determined by or on behalf of the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales, having regard to the conditions laid down in paragraphs 2 and 3 of Schedule 3, and paragraph 1 of Schedule 4, that the plants produced in the control plot are not satisfactory plants from which to harvest CS seed.

(16) Where the Department has carried out an examination of the crop referred to in paragraph (14)(a) or the crops referred to in paragraph (14)(b), or has carried out an examination of both the crop referred to in paragraph (14)(a) and the crops referred to in paragraph (14)(b), it shall inform the applicant whether it is satisfied that the seed used to produce the crop to which the application relates was satisfactory seed to be used for the production of CS seed, and, if the Department is satisfied that this is the case, the seed used to produce the crop, and seed from the same seed lot, shall be treated as being seed that has been subject to satisfactory official post control for the production of CS seed.

(17) This paragraph applies to the following categories of seed—

(a) in the case of an application made under paragraph (1) relating to a crop that has been produced from breeder’s seed or officially certified pre-basic seed and from which it is intended to harvest pre-basic seed, to the category of basic seed, and

(b) in the case of an application made under paragraph (1) relating to a crop produced from breeder’s seed or officially certified pre-basic seed and from which it is intended to harvest basic seed other than a component of a hybrid, to the category of pre-basic seed.

(18) In this regulation “seed that is subject to official post control” means seed from a seed lot for which a control plot has been sown by or on behalf of the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales to produce plants which are to be, or have been, examined by or on behalf of the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales, as the case may be, to determine whether, having regard to the conditions laid down in—

(a) paragraphs 2, 3 and 10 of Schedule 3, and

(b) paragraphs 1 and 12 of Schedule 4,

the plants produced in the plot indicate that the corresponding plants in the field are satisfactory plants from which to harvest CS seed.

Commencement Information

I7 Reg. 7 in operation at 31.12.2009, see reg. 1

Lodging of field inspection reports and similar documents N.I.

8.—(1) Subject to paragraphs (2) and (3), an application to lodge a copy of a document to which paragraph (2) applies may be made to the Department by a registered person.

(2) This paragraph applies—

(a) in relation to a crop produced in Northern Ireland, to a field inspection report issued under regulation 7(9), (10), (11) or (12);

(b) in relation to a crop produced in the United Kingdom elsewhere than in Northern Ireland, to a report relating to the crop equivalent to that specified in sub-paragraph (a) issued—

(i) by or on behalf of the Secretary of State, the Scottish Ministers or the National Assembly for Wales, or

(ii) by a licensed crop inspector;

(c) in relation to a crop produced in another member State, to an Annex IV(C) document relating to the crop issued by or on behalf of the competent seed certification authority in the member State; and

(d) in relation to a crop produced in an equivalent third country, to an Annex II.A(3) official certificate relating to the crop issued by the approved seed certification authority in that country.

(3) An application made under this regulation—

(a) shall be made in such form and manner as the Department may require;

(b) shall be made within such time as the Department may require but, unless otherwise permitted by the Department, shall be made not later than the time when any seed test report relating to the seed harvested from the crop is lodged with the Department under regulation 11;

(c) shall, subject to paragraph (4), be accompanied—

(i) in relation to a crop produced in Northern Ireland, by a copy of the document referred to in paragraph (2)(a);

(ii) in relation to a crop produced in the United Kingdom elsewhere than in Northern Ireland, by a copy of the document referred to in paragraph (2)(b) except that this need not be provided in a case where confirmation that the crop meets the conditions for the production of the appropriate category of seed has already been provided to the Department by or on behalf of the Secretary of State, the Scottish Ministers or the National Assembly for Wales (as the case may be);

(iii) in relation to a crop produced in another member State, by a copy of the document referred to in paragraph (2)(c);

(iv) in relation to a crop produced in an equivalent third country, by a copy of the document referred to in paragraph (2)(d); and

(v) by such other information and documents as the Department may require.

(4) The Department may permit, subject to any conditions that it may impose, an application made under this regulation relating to a crop for which the applicant previously made an application under regulation 7(3) to be accompanied by the following document instead of the field inspection report issued under regulation 7(10) or (12), namely a document relating to the crop (whether relating to that crop alone or relating to other crops in respect of which an application has been made by the applicant under regulation 7(3))—

(a) that states, by reference to the relevant category, the conditions met by that crop;

(b) that identifies the licensed crop inspector or inspectors who inspected the crop;

(c) that states that during a period of three years from the date of issue of the field inspection report, the original report will be produced to the Department on demand and that a copy of the report will be made available to the Department on request during that period; and

(d) that contains such other information as the Department may require.

(5) Where a document of the type specified in paragraph (4) accompanies an application made under this regulation instead of a field inspection report, the applicant shall produce the field inspection report referred to in paragraph (3) to the Department on demand during the period of three years from the date of the issue of the field inspection report and shall make a copy of the report available to the Department on request during that period.

Commencement Information

I8 Reg. 8 in operation at 31.12.2009, see reg. 1

Re-grading of crops N.I.

9.—(1) An application to re-grade—

(a) a crop for the production of seed of the category specified in entry 1 or 2 in column 1 of the following table as a crop for the production of seed of the category specified in the corresponding entry in column 2 of the table (“the new category”), or

(b) a crop for the production of seed of the category specified in entry 3 in column 1 of the following table as a crop for the production of seed of either of the categories specified in the corresponding entry in column 2 of the table (“the new category”),

may be made to the Department by a registered person —

	Column 1	Column 2
1.	Pre-basic seed	Basic seed
2.	Basic seed	Pre-basic seed
3.	CS seed	Pre-basic seed, basic seed

(2) An application made under this regulation shall be made in such form and manner and at such time as the Department shall require and shall be accompanied by—

(a) a copy of the field inspection report previously issued in respect of the crop unless this has previously been lodged with the Department, and

(b) such other information as the Department may require for the purpose of determining the application.

(3) Where an application under this regulation has been made in respect of a crop that has not been harvested the Department shall carry out a field inspection of the crop to determine whether it meets the conditions laid down in Schedule 3 and Part 1 of Schedule 4 for the production of the new category of seed if—

(a) the previous field inspection report issued in respect of the crop was not issued by the Department, and

(b) the condition and stage of development of the crop permit an adequate examination.

(4) If the Department—

(a) has carried out a field inspection of the crop (whether in connection with the original application for a field inspection of the crop or in accordance with paragraph (3));

(b) is satisfied that the crop has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; and

(c) is satisfied that the crop meets or (if the crop has already been harvested) would have met the conditions laid down in Schedule 3 and Part 1 of Schedule 4 for the production of the new category of seed;

the Department shall notify the applicant that the crop has been found to meet or (if the crop has already been harvested) it has been found that it would have met the conditions referred to in paragraph (c) and that the application to re-grade the crop has been successful.

(5) If the Department is satisfied that the conditions specified in paragraph (4) have not been met it shall notify the applicant that the application to re-grade the crop has been unsuccessful.

Commencement Information

I9 Reg. 9 in operation at 31.12.2009, see reg. 1

Seed testing N.I.

10.—(1) Subject to paragraphs (2), (3) and (4), an application may be made to a licensed seed testing station by a registered person for the testing of an official sample of a qualifying seed lot of—

(a) seed as pre-basic seed (“a regulation 10(1)(a) seed lot”);

(b) seed as basic seed (“a regulation 10(1)(b) seed lot”); or

(c) seed as CS seed (“a regulation 10(1)(c) seed lot”).

(2) An application made under this regulation shall not be made in respect of seed of a variety that is not listed, or seed of a component of a hybrid variety that is not listed, unless—

(a) an application for listing of the variety, or hybrid variety, has been made which has not been withdrawn or finally determined, or

(b) a marketing extension is in force in respect of the variety or hybrid variety.

(3) An application made under this regulation may be considered by the Department instead of a licensed seed testing station.

(4) If permitted by the Department, an application made under this regulation may be made to the Department instead of a licensed seed testing station.

(5) An application made under this regulation—

(a) shall be made in such form and manner and at such time as the Department may require, and

(b) shall be accompanied by an official sample of the seed to be tested and such other information, material, seeds, records, illustrations and other documents as the Department may require.

(6) Following the receipt of an application made under this regulation the licensed seed testing station (or the Department in a case where paragraph (3) or (4) applies) shall, subject to paragraph (7), test seed taken from the official sample provided under paragraph (5)(b) to determine whether it meets the conditions laid down in Part 2 of Schedule 4—

(a) for the category of seed for which the application is being made, and

(b) unless requested not to do so by the applicant, for any other category of seed to which paragraph (14) applies.

(7) Where a seed test report has previously been issued by a licensed seed testing station (or the Department in a case where paragraph (3) or (4) applies) in accordance with paragraph (8)(a), (9), (10), (11) or (12) in respect of a seed lot, the licensed seed testing station (or the Department in a case where paragraph (3) or (4) applies) may decide not to test any further official sample of that seed lot for the purposes of paragraph (6) if the information contained in the previously issued report contains sufficient information to enable it (or her) to determine that the official sample would meet the conditions laid down in Part 2 of Schedule 4—

(a) for the appropriate category of seed, and

(b) where applicable, for any other category of seed to which paragraph (14) applies.

(8) Subject to paragraph (13), where—

(a) the official sample is found to satisfy the conditions laid down in Part 2 of Schedule 4 for—

(i) the appropriate category of seed, and

(ii) where applicable, for any other category of seed to which paragraph (14) applies, or

(b) the provisions of paragraph (7) apply,

the licensed seed testing station (or the Department where paragraph (3) or (4) applies) shall issue a seed test report to the applicant stating (by reference to the relevant category or categories of seed) that the seed lot has been found to meet those conditions.

(9) Subject to paragraph (13), where it has been determined, by way of a Schedule 4 germination test, that the official sample taken from a regulation 10(1)(a) or (b) seed lot will not meet the applicable germination condition but the sample is found to satisfy all the other conditions laid down in Part 2 of Schedule 4 for the appropriate category of seed, the licensed seed testing station (or the Department where paragraph (3) or (4) applies), shall issue a seed test report to the applicant containing a statement to that effect.

(10) Where (otherwise than in connection with a retest of the seed) the results of a Schedule 4 germination test of an official sample of a seed lot referred to in paragraph (1) are awaited, and, except for the result of that test, the official sample has otherwise been found to meet all the other conditions laid down in Part 2 of Schedule 4—

(a) for the appropriate category of seed, and

(b) where applicable, for any other category of seed to which paragraph (14) applies,

the licensed seed testing station (or the Department in a case where paragraph (3) or (4) applies), shall, subject to paragraph (13), issue an interim seed test report to the applicant stating that the results of the Schedule 4 germination test for the official sample are awaited but that it has otherwise been found to meet all the other conditions laid down in Part 2 of Schedule 4 for the appropriate category of seed, and, where applicable, for any relevant category of seed to which paragraph (14) applies.

(11) Where, following the issue of an interim seed test report under paragraph (10), the tested seed is found to meet the applicable germination condition, the licensed seed testing station (or the Department in a case where paragraph (3) or (4) applies), shall, subject to paragraph (13), issue a seed test report to the applicant stating that the official sample has been found to meet the conditions laid down in Part 2 of Schedule 4 for the appropriate category of seed, and, where applicable, for any other category of seed to which paragraph (14) applies.

(12) Subject to paragraphs (9) and (10), where an official sample of a seed lot referred to in paragraph (1) is found not to satisfy the conditions laid down in Part 2 of Schedule 4 for the appropriate category of seed, the licensed seed testing station (or the Department in a case where paragraph (3) or (4) applies) shall issue and send to the applicant a seed test report—

(a) stating that the official sample has been found not to meet those conditions, and

(b) subject to paragraph (13), in a case where the seed has been tested to determine whether it meets the conditions laid down in Part 2 of Schedule 4 for any other category of seed to which paragraph (14) applies, stating (by reference to the relevant category) whether the seed has been found to meet the conditions for any such category.

(13) If it appears to the Department that an official sample of the seed lot taken for the purpose of a test in order to ascertain whether it met the appropriate conditions laid down in Part 2 of Schedule 4 was not taken in accordance with the requirements of regulation 21 the Department may—

(a) in a case where paragraph (3) or (4) applies, refuse to issue a seed test report in accordance with paragraph (8), (9), (10), (11) or (12)(b), and, in such a case, shall notify the applicant of the Department’s decision and the reason for it, or

(b) in a case where paragraph (3) or (4) does not apply, direct the licensed seed testing station to refuse to issue a seed test report in accordance with those paragraphs and the licensed seed testing station shall comply with that direction and shall notify the applicant of the reason for its refusal to issue the report.

(14) This paragraph applies to the following categories of seed—

(a) in the case of an application made under this regulation relating to a regulation 10(1)(a) seed lot, to the category of basic seed, and

(b) in the case of an application made under this regulation relating to a regulation 10(1)(b) seed lot, other than a component of a hybrid variety, to the category of pre-basic seed.

(15) In this regulation “qualifying seed lot” means a seed lot—

(a) containing seed harvested from a crop produced in Northern Ireland for which a field inspection report has been issued in accordance with—

(i) regulation 7(9);

(ii) regulation 7(10); or

(iii) regulation 7(11) in a case where the crop has been found to meet the conditions laid down in Schedule 3 and Part 1 of Schedule 4 for the production of any category of seed referred to in regulation 7(11)(b);

(b) containing seed harvested from a crop produced in the United Kingdom elsewhere than in Northern Ireland—

(i) in respect of which the Department has received confirmation of crop approval by or on behalf of the Secretary of State, the Scottish Ministers or the National Assembly for Wales (as the case may be) that the crop meets conditions equivalent to those laid down in Schedule 3 and Part 1 of Schedule 4, or

(ii) for which a copy of the field inspection report relating to the crop has been lodged with the Department in accordance with regulation 8; or

(c) imported into the United Kingdom as—

(i) not finally certified pre-basic, basic or CS seed harvested in another member State and for which the Annex IV(C) document relating to the crop from which the seed in the seed lot was harvested has been lodged with the Department in accordance with regulation 8, or

(ii) not finally certified CS seed harvested in an equivalent third country and for which the Annex II.A(3) official certificate relating to the crop from which the seed in the seed lot was harvested has been lodged with the Department in accordance with regulation 8.

Commencement Information

I10 Reg. 10 in operation at 31.12.2009, see reg. 1

Lodging of seed test reports N.I.

11.—(1) A registered person to whom a final seed test report has been sent shall lodge the report with the Department—

(a) except in relation to seed to which sub-paragraph (b) applies, within one month of the report being issued or within such other time as the Department may otherwise allow; and

(b) in a case where the seed to which the final seed test report relates—

(i) is of a variety that is not listed, or

(ii) is a component of a hybrid variety that is not listed,

within one month of the date on which the variety or hybrid variety (as the case may be) is listed or within such other time as the Department may otherwise allow.

(2) An application to lodge a final seed test report—

(a) shall be made in such form and manner as the Department may require, and

(b) shall be accompanied by the final seed test report and such other information and documents as the Department may require.

(3) Subject to paragraph (4), the Department shall acknowledge receipt of each final seed test report lodged with it.

(4) Subject to paragraph (5), unless specifically requested to do so by the applicant, the Department shall not individually acknowledge the receipt of each final seed test report lodged with it by the applicant but shall periodically provide the applicant with a list of those seed lots for which the applicant has lodged a final seed test report with the Department.

(5) Where the Department has previously provided the applicant with a seed test report list, the list periodically provided to the applicant under paragraph (4) shall list only those seed lots for which the applicant has lodged a final seed test report with the Department during the period since it last provided the applicant with a seed test report list.

(6) In this regulation “final seed test report” means a seed test report issued in accordance with regulation 10(8), (9), (11) or (12).

Commencement Information

I11 Reg. 11 in operation at 31.12.2009, see reg. 1

Re-grading of seed N.I.

12.—(1) An application to re-grade—

(a) seed of the type specified in entry 1, 2, 3 or 4 in column 1 of the table in Schedule 5 as seed of the type specified in the corresponding entry in column 2 of the table (“the new category”), or

(b) seed of the type specified in entry 5 in column 1 of the table in Schedule 5 as seed of either of the types specified in the corresponding entry in column 2 of the table (“the new category”),

may be made to the Department by a registered person.

(2) An application made under this regulation shall be made in such form and manner and at such time as the Department shall require and, if required by the Department, shall be accompanied by—

(a) an official sample of the seed to which the application relates;

(b) an application made under regulation 10 for the testing of an official sample of the seed lot; and

(c) such other information and other documents as the Department may require for the purpose of determining the application.

(3) The Department may test, or arrange for a licensed seed testing station to test, seed from an official sample of a seed lot in respect of which an application has been made under this regulation to determine whether it meets the conditions laid down in Part 2 of Schedule 4 for the new category of seed.

(4) Where—

(a) the Department is satisfied that the seed has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety;

(b) in a case where the seed was harvested from a crop produced in Northern Ireland, the Department carried out a field inspection of the crop;

(c) in a case where the seed was harvested from a crop produced in the United Kingdom elsewhere than in Northern Ireland, a field inspection of the crop was carried out by or on behalf of the Secretary of State, the Scottish Ministers or the National Assembly for Wales;

(d) in a case where the seed was harvested from a crop produced in another member State, a field inspection of the crop was carried out by or on behalf of the seed certification authority in the member State; and

(e) in a case where the seed was harvested from a crop produced in an equivalent third country, a field inspection of the crop was carried out by the approved seed certification authority in the third country;

(f) the Department is satisfied that the seed was harvested from a crop that met the conditions laid down in Schedule 3 and Part 1 of Schedule 4 for the production of the new category of seed;

(g) in a case where the official sample referred to in paragraph (2) has been tested, it has been found to satisfy the conditions laid down in Part 2 of Schedule 4 for the new category of seed; and

(h) in a case where the official sample referred to in paragraph (2) has not been tested, the Department is satisfied on the basis of the information contained in a seed test report previously issued in respect of the lot—

(i) by or on behalf of the Department, the Secretary of State, the Scottish Ministers, the National Assembly for Wales or by a licensed seed testing station;

(ii) by or on behalf of the competent seed certification authority in another member State or by a licensed EC seed testing station in another member State; or

(iii) by the approved seed certification authority or by a licensed third country seed testing station in an equivalent third country,

that the seed in the lot satisfies the conditions laid down in Part 2 of Schedule 4 for the new category of seed,

the Department shall notify the applicant that the application to re-grade the seed lot has been successful.

(5) Where the Department is satisfied that the conditions specified in paragraph (4) have not been met it shall inform the applicant that the application to re-grade the seed lot has been unsuccessful.

Commencement Information

I12 Reg. 12 in operation at 31.12.2009, see reg. 1

Withdrawals N.I.

13.—(1) The Department may withdraw the official certification in respect of a seed lot, or any part of a seed lot, if—

(a) the findings or results obtained from a sample of seed submitted or taken in connection with an application made under regulation 5, 10 or 12 relating to the seed lot, or from plants grown in a control plot that has been sown with seed from that sample, are to be disregarded in accordance with regulation 20(6);

(b) on the basis of information received by the Department it is satisfied that the crop from which the seed in the seed lot was harvested did not meet the conditions laid down in Schedule 3 or Part 1 of Schedule 4; or

(c) on the basis of information received by the Department it is satisfied that the seed in the lot, or part of the lot—

(i) did not meet the conditions laid down in Part 2 or 3 of Schedule 4 at the time the seed was tested for seed certification purposes, or

(ii) although it met the conditions of Part 2 of Schedule 4 at the time of such testing it no longer meets them.

(2) The Department may withdraw the official certification in respect of a seed lot, or any part of a seed lot, by giving notice to—

(a) the person who made an application under regulation 10 in respect of the seed lot, or

(b) any person marketing, or who has marketed, any of the seed.

(3) Where the official certification of a seed lot, or part of a seed lot, is withdrawn under this regulation, the Department may notify—

(a) the person who made an application under regulation 10 in respect of the seed lot,

(b) any person marketing, or who has marketed, any of the seed; and

(c) any person who has purchased, or been supplied with, any of the seed,

that the official certification in respect of the lot, or part of the lot (as the case may be), has been withdrawn.

(4) Where the official certification of a seed lot, or part of a seed lot, is withdrawn under this regulation, the person to whom notice is given under paragraph (2) shall, as soon as practicable, and in any case not later than seven days after receiving the notice, notify any person to whom he has sold or supplied any of the seed of such withdrawal.

(5) Any person who has purchased seed from a seed lot, or part of a seed lot, for which official certification has been withdrawn under this regulation (not being a person notified under paragraph (2)) shall notify any person to whom he has sold or supplied any of the seed of the withdrawal as soon as practicable after receiving notice of it—

(a) pursuant to paragraph (3), by the Department, or

(b) pursuant to paragraph (4), by the person who sold or supplied the seed to him,

and, in any case, not later than seven days after receiving such notice.

Commencement Information

I13 Reg. 13 in operation at 31.12.2009, see reg. 1

PART 3 N.I. Control of beet seed

Marketing of seed N.I.

14.—(1) Subject to paragraph (2) and regulations 17 to 20 , a person shall not market any seed to which these Regulations apply except for seed listed in Schedule 6.

(2) Paragraph (1) shall not apply to the marketing of seed, as grown, for processing, provided that the identity of the seed is ensured.

(3) Any person marketing seed that has been imported from a third country and exceeds two kilograms shall supply the Department, in writing and within one month of the first marketing of the seed, with the following particulars relating to the seed—

(a) the species;

(b) the variety;

(c) the category;

(d) the country of production and the official inspection authority;

(e) the country of despatch;

(f) the importer; and

(g) the quantity of seed.

Commencement Information

I14 Reg. 14 in operation at 31.12.2009, see reg. 1

Marketing of officially certified lower germination seed N.I.

15.  A person shall not market officially certified pre-basic or basic seed that has been found by the competent seed certification authority that certified the seed not to satisfy the germination condition for such seed, or (regardless of the findings of the competent seed certification authority) the person marketing the seed knows does not satisfy that condition, unless—

(a) the official label contains a statement that the minimum percentage of germination of the seed is less than the EC minimum percentage of germination for the relevant category of seed;

(b) the person marketing the seed guarantees a specific minimum percentage of germination for the seed; and

(c) another label is attached to the outside of the package containing the seed specifying the specific minimum percentage of germination guaranteed by the person marketing the seed, his name and address and the reference number of the seed lot.

Commencement Information

I15 Reg. 15 in operation at 31.12.2009, see reg. 1

Marketing of officially certified early movement seed N.I.

16.—(1) A person shall not market officially certified early movement pre-basic or basic seed unless—

(a) he guarantees a minimum percentage of germination for the seed that is—

(i) the same as the EC minimum percentage of germination for the relevant species of seed and the same as or less than the percentage of germination for the seed ascertained by the provisional analysis on which the certification of the seed was based, or

(ii) less than the EC minimum percentage of germination for the relevant species of seed and the same as the percentage of germination ascertained by the provisional analysis on which the certification of the seed was based, and

(b) he provides the purchaser, upon or before delivery of the seed, with a statement—

(i) stating that the seeds are being marketed before the completion of the official germination test;

(ii) specifying the guaranteed minimum percentage of germination; and

(iii) specifying the name and address of the person marketing the seed and the reference number of the seed lot.

(2) A person shall not market officially certified early movement CS seed unless—

(a) he guarantees a minimum percentage of germination for the seed that is—

(i) the same as the EC minimum percentage of germination for the relevant species of seed, and

(ii) the same as, or less than, the percentage of germination for the seed ascertained by the provisional analysis on which the certification of the seed was based, and

(b) he provides the purchaser, upon or before delivery of the seed, with a statement—

(i) stating that the seeds are being marketed before the completion of the official germination test;

(ii) specifying the guaranteed minimum percentage of germination; and

(iii) specifying the name and address of the person marketing the seed and the reference number of the seed lot.

(3) Where any person—

(a) markets seed in accordance with paragraph (1) or (2), and

(b) the official germination test shows that the percentage of germination of the seed is less than the minimum percentage of germination guaranteed in accordance with the requirements of paragraph (1)(a) or (2)(a) as the case may be,

he shall provide the purchaser with the result of the completed official germination test as soon as practicable and, in any event, not later than seven days after being informed of it.

Commencement Information

I16 Reg. 16 in operation at 31.12.2009, see reg. 1

Exception for scientific purposes and selection work N.I.

17.—(1) The prohibition in regulation 14(1) shall not apply to the marketing by a producer of small quantities of seed for scientific purposes or selection work for which—

(a) an authorisation has been granted to the producer by the Department in accordance with this regulation, or

(b) an authorisation has been granted to the producer by or on behalf of—

(i) the Secretary of State;

(ii) the Scottish Ministers;

(iii) the National Assembly for Wales; or

(iv) a competent seed certification authority in another member State, pursuant to Article 6(1)(a) of the Beet Seed Directive.

(2) A producer in Northern Ireland may apply to the Department for a regulation 17 authorisation.

(3) An application made under this regulation shall be made in such form and manner and at such time as the Department shall require and shall be accompanied by such information as the Department may require for the purpose of determining whether to grant an authorisation.

(4) The Department shall not grant a regulation 17 authorisation in respect of seed of a genetically modified variety unless an authorisation is in force in respect of the variety concerned under either—

(a) Part C of the Deliberate Release Directive; or

(b) the Food and Feed Regulation.

(5) A regulation 17 authorisation may—

(a) specify the amount of seed that may be marketed under it, and

(b) impose such conditions as the Department may think necessary or desirable having regard to the nature of the scientific purpose or selection work involved and the nature of the seed to which the authorisation relates, including a condition relating to the keeping of records in respect of the marketing of the seed.

Commencement Information

I17 Reg. 17 in operation at 31.12.2009, see reg. 1

Exception for test and trials N.I.

18.—(1) The prohibition in regulation 14(1) shall not apply to the marketing by a producer of seed for test and trial purposes in accordance with—

(a) an authorisation which has been granted to the producer by the Department in accordance with this regulation; or

(b) an authorisation which has been granted to the producer by or on behalf of—

(i) the Secretary of State;

(ii) the Scottish Ministers;

(iii) the National Assembly for Wales; or

(iv) a competent seed certification authority in another member State,

in accordance with Article 2(1) of the 2004 Commission Decision.

(2) A producer shall not market test and trial seed—

(a) except for the purposes of tests or trials carried out at agricultural enterprises to gather information on the cultivation or use of a variety of a beet species specified in Schedule 2;

(b) unless a field inspection report has been issued by the Department or by a licensed crop inspector stating that the crop satisfies the conditions for CS seed laid down in Schedule 3;

(c) unless a seed test report has been issued by the Department or by a licensed seed testing station stating that the seed satisfies the conditions for CS seed laid down in Schedule 4; or

(d) if such marketing would contravene a prohibition on the use of the variety published by the Department in the gazette that complies with Article 14 of the 2004 Commission Decision.

(3) A producer of seed established in Northern Ireland may apply to the Department for the grant or renewal of a regulation 18 authorisation.

(4) A regulation 18 authorisation granted by the Department shall last for a period of one year or such shorter period as the Department may specify.

(5) An application for authorisation or renewal of a regulation 18 authorisation shall be made in writing to the Department and shall be accompanied by such information as the Department may require.

(6) The Department shall not grant a regulation 18 authorisation unless it is satisfied that—

(a) the seed is of a variety for which an application has been made by the producer under regulation 4(1)(a) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to a National List and which application has not been withdrawn or finally determined; and

(b) in the case of seed of a genetically modified variety, an authorisation is in force in respect of the variety under either—

(i) Part C of the Deliberate Release Directive; or

(ii) the Food and Feed Regulation.

(7) The Department shall not authorise marketing of an amount of seed in excess of that permitted by Article 7 of the 2004 Commission Decision.

(8) A regulation 18 authorisation may impose such conditions as the Department may think necessary or desirable having regard to the nature of the test or trial and the nature of the seed to which the authorisation relates.

(9) The Department may withdraw a regulation 18 authorisation where there is a breach of any condition referred to in paragraph (8).

(10) A regulation 18 authorisation shall cease to have effect where the application referred to in paragraph (6)(a) is withdrawn or rejected or the variety is entered in a National List or the Common Catalogue.

(11) The Department may require a producer to whom a regulation 18 authorisation has been granted to provide it with information about—

(a) the results of the tests and trials to which the authorisation relates; or

(b) the quantities of seed marketed during the authorised period and the name of the member State for which the seed was destined.

(12) A producer to whom a regulation 18 authorisation has been granted shall, within such period as is specified by the Department, lodge copies of the reports referred to in paragraphs (2)(b) and (c) with him.

Commencement Information

I18 Reg. 18 in operation at 31.12.2009, see reg. 1

Exception for conservation varieties N.I.

19.—(1) The prohibition in regulation 14(1) does not apply to the marketing of seed of a conservation variety, provided that the requirements of this regulation are met.

(2) The seed must be descended from seed produced according to well defined practices for maintenance of the variety.

(3) The seed must have been harvested from a crop that—

(a) has been produced in the region of origin for the variety, and

(b) satisfies the conditions laid down in Schedule 3 and Part 1 of Schedule 4 for a crop from which CS seed for the species in question is to be produced, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision.

(4) The seed must satisfy the conditions laid down in Parts 2, 3 and 4 of Schedule 4 for CS seed for the species in question, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision.

(5) The seed may only be marketed in its region of origin.

(6) A person proposing to produce seed of a conservation variety must supply the Department, in such manner and form as the Department requires, with details in writing of the size and location of the area to be used to produce that seed.

(7) For the purposes of Articles 14 and 15(2) of Commission Directive 2008/62 (quantitative restrictions), the Department may specify the maximum amount of conservation variety seed which may be marketed in any given production season; and different maxima for different persons or classes of persons may be specified.

(8) The amount of seed marketed by a person must not exceed any maximum amount specified under paragraph (7) in relation to that person.

(9) Any person marketing seed of a conservation variety must supply the Department, on request, with details in writing of the amount and variety of the seed placed on the market during each production season.

(10) In this regulation—

(a) “official examination or examination under official supervision” means an official UK field inspection, a UK field inspection carried out under official supervision, or a seed test carried out by an official testing station or under official supervision by a licensed seed testing laboratory;

(b) “region of origin” has the meaning given to it by regulation 2(1) of the Seeds (National Lists of Varieties) Regulations 2001, but also includes any other area approved by the Department for the purposes of the second paragraph of Article 11(1) of Commission Directive 2008/62.

Commencement Information

I19 Reg. 19 in operation at 31.12.2009, see reg. 1

General exemptions N.I.

20.—(1) The prohibition in regulation 14(1) shall not apply to the marketing of seed that is authorised by a general licence made by the Department under this regulation but in all other respects the provisions of these Regulations shall continue to apply in relation to the marketing of the seed.

(2) Subject to paragraph (3), the Department may, by a general licence, exempt any person or class of persons, or persons generally, from compliance with any provision of these Regulations.

(3) The Department shall not exercise the power to issue a general licence under paragraph (2) except—

(a) to the extent that the provisions of the general licence are permitted in accordance with a temporary experiment organised under Article 19 of the Beet Seed Directive;

(b) to give effect to the provisions of a Council Decision made under Article 23 of the Beet Seed Directive and amendments made to such a Decision; or

(c) to the extent that the provisions of the general licence are permitted in accordance with measures taken pursuant to Article 24 of the Beet Seed Directive.

(4) A general licence issued under paragraph (2)—

(a) shall have effect during the period specified in it unless the Department revokes it earlier, and

(b) may impose such conditions as the Department may think necessary or desirable having regard to the marketing permitted by the general licence and the nature of the seed to which it relates, including a condition relating to the keeping of records in respect of the marketing of the seed.

Commencement Information

I20 Reg. 20 in operation at 31.12.2009, see reg. 1

Sampling N.I.

21.—(1) A sample of seeds taken in connection with a regulation 5, 10 or 12 application shall be drawn—

(a) by—

(i) an authorised officer, or

(ii) a licensed seed sampler acting under the supervision of the authority who appointed him;

(b) in accordance with the method laid down in Schedule 5 of the Seed (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009; and

(c) from a homogeneous seed lot.

(2) A sample of seed taken from a conservation variety for the purpose of checking compliance with these Regulations must be taken from a homogeneous seed lot.

(3) Subject to paragraph (4), the maximum weight of a seed lot shall be that specified in Part 1 of Schedule 7.

(4) A seed lot may exceed the maximum weight for a seed lot set out in Part 1 of Schedule 7 by not more than 5%.

(5) The minimum weight of a sample shall be that specified in Part 2 of Schedule 7.

(6) The minimum weight of a sample for a moisture test shall be that specified in Part 3 of Schedule 7.

(7) If a sample of seeds submitted or taken in connection with a regulation 5, 10 or 12 application—

(a) is found not to have been taken in accordance with paragraph (1);

(b) is taken from a seed lot that does not comply with paragraph (2); or

(c) does not comply with paragraph (4) or (5),

no further use of that sample shall be made under these Regulations, and any findings or results already obtained from testing seed taken from that sample, or from inspecting plants grown in a control plot that has been sown with seed from that sample, shall be disregarded.

Commencement Information

I21 Reg. 21 in operation at 31.12.2009, see reg. 1

Packaging N.I.

22.—(1) A person shall not market any officially certified pre-basic, basic or CS seed unless it is marketed in a sufficiently homogeneous seed lot or in part of such a seed lot.

(2) Subject to paragraph (3), a person shall not market breeder’s seed, officially certified pre-basic, basic or CS seed, test and trial seed or seed of a conservation variety unless it is in a properly sealed package.

(3) Except in relation to test and trial seed, paragraph (2) shall not apply in the case of the marketing of seed not exceeding 2.5 kilograms in weight to the final consumer.

(4) In this regulation, in the case of breeder’s seed and seed of a conservation variety, “properly sealed package” means a sealed package of seed that has been sealed in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.

(5) In this regulation, in the case of a package of officially certified pre-basic, basic or CS seed, other than a small EC package of basic or CS seed, that has been sealed only once “properly sealed package” means—

(a) in the case of a package of seed sealed in Northern Ireland, a sealed package of seed that has been sealed—

(i) no later than at the time of official sampling;

(ii) by a person to whom regulation 23(6) applies;

(iii) using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal; and

(iv) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package;

(b) in the case of a package of seed sealed in—

(i) the United Kingdom, elsewhere than in Northern Ireland, or

(ii) another member State,

a sealed package of seed that has been sealed in accordance with the provisions of Article 11(1) of the Beet Seed Directive;

(c) in the case of a package of seed sealed in an equivalent third country, a sealed package of seed that has been sealed in accordance with the provisions of paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision.

(6) In this regulation, in the case of a small EC package of officially certified basic or CS seed that has been sealed only once “properly sealed package” means—

(a) in the case of a package of seed sealed in Northern Ireland, a sealed package of seed that has been sealed in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package, and

(b) in the case of a package of seed sealed in—

(i) the United Kingdom, elsewhere than in Northern Ireland, or

(ii) another member State,

a sealed package of seed that has been sealed in accordance with the relevant provisions of Article 11(3) of the Beet Seed Directive.

(7) In this regulation, in the case of a package of officially certified pre-basic, basic or CS seed, other than a small EC package of basic or CS seed, that has been sealed more than once, “properly sealed package” means—

(a) in the case of a package of seed that has been resealed in Northern Ireland, a sealed package of seed that, on each occasion it has been resealed, has been resealed—

(i) by a person to whom regulation 23(6) applies, and

(ii) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package;

(b) in the case of a package of seed that has been resealed in—

(i) the United Kingdom, elsewhere than in Northern Ireland, or

(ii) another member State,

a sealed package of seed that, on each occasion it has been resealed, has been sealed in accordance with the provisions of Article 11(2) of the Beet Seed Directive; and

(c) in the case of seed that has been resealed in an equivalent third country, a sealed package of seed that, on each occasion it has been resealed, has been resealed in accordance with the provisions of paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision.

(8) In this regulation, in the case of a small EC package of officially certified basic or CS seed that has been sealed more than once, “properly sealed package” means—

(a) in the case of a package of seed that has been resealed in Northern Ireland, a sealed package of seed that, on each occasion it has been resealed, has been resealed—

(i) by a person to whom regulation 23(6) applies, and

(ii) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package, and

(b) in the case of a package of seed that has been resealed in—

(i) the United Kingdom, elsewhere than in Northern Ireland, or

(ii) another member State,

a sealed package of seed that, on each occasion it has been resealed, has been resealed in accordance with the provisions of Article 11(3) of the Beet Seed Directive.

(9) In this regulation, in the case of test and trial seed, “a properly sealed package” means—

(a) in the case of a package of seed sealed in Northern Ireland, a package of seed that has been sealed—

(i) by a person to whom regulation 23(6) applies;

(ii) using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal; and

(iii) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package; and

(b) in the case of a package of seed sealed in—

(i) the United Kingdom, elsewhere than in Northern Ireland, or

(ii) another member State,

a package of seed that has been sealed in accordance with the provisions of Article 8 of the 2004 Commission Decision

Commencement Information

I22 Reg. 22 in operation at 31.12.2009, see reg. 1

Sealing of packages N.I.

23.—(1) Subject to paragraph (2), a person shall not seal a package of officially certified pre-basic, basic or CS seed except a person to whom paragraph (6) applies.

(2) Paragraph (1) shall not apply to the sealing of a small EC package of officially certified basic or CS seed.

(3) Subject to paragraph (4), no person shall reseal a package (including a small EC package) of officially certified pre-basic, basic or CS seed except a person to whom paragraph (6) applies.

(4) Paragraph (3) shall not apply where a package has been resealed which had previously been opened by the final consumer of the seed for the purpose of using some of the seed in the package.

(5) A person shall not seal or reseal a package of test and trial seed except a person to whom paragraph (6) applies.

(6) This paragraph applies to—

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

(b) a licensed seed sampler and any person being supervised by such a person.

Commencement Information

I23 Reg. 23 in operation at 31.12.2009, see reg. 1

Labelling of packages N.I.

24.—(1) Subject to paragraphs (2) and (3), a person shall not market any breeder’s seed, officially certified pre-basic, basic or CS seed, test and trial seed or seed of a conservation variety except in a package that is labelled in accordance with the following paragraphs of this regulation.

(2) Paragraph (1) shall not apply to the marketing of seed, as grown, for processing provided the identity of the seed is ensured.

(3) A person may market any seeds, other than test and trial seed or seed of a conservation variety, otherwise than in a package that complies with the other provisions of this regulation where—

(a) the seeds are sold in a quantity not exceeding 2.5 kilograms, and

(b) the seeds are taken, in the presence of the final consumer, from a container on which there is clearly and visibly marked or near which there is clearly and visibly displayed a statement containing particulars of the matters specified in paragraph 1 of Schedule 8.

(4) A package of breeder’s seed shall be labelled in accordance with paragraphs 2 and 3 of Schedule 8.

(5) A package of officially certified pre-basic seed shall be labelled—

(a) in the case of a package of seed sealed in Northern Ireland, in accordance with paragraphs 4 to 7 of Schedule 8;

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in Northern Ireland, or

(ii) in another member State,

in accordance with the provisions of Article 21(c) of the Beet Seed Directive; and

(c) in the case of a package of seed sealed in an equivalent third country, in accordance with the provisions of paragraphs 1 and 3 of Part B of Annex II to the Third Country Equivalence Decision.

(6) A package (other than a small EC package) of officially certified basic or CS seed shall be labelled—

(a) in the case of a package of seed sealed in Northern Ireland, in accordance with paragraphs 8 to 12 of Schedule 8;

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in Northern Ireland, or

(ii) in another member State,

in accordance with the provisions of Article 12(a) of the Beet Seed Directive; and

(c) in the case of a package of seed sealed in an equivalent third country, in accordance with the provisions of paragraphs 1 and 3 of Part B of Annex II to the Third Country Equivalence Decision as they apply to basic or CS seed.

(7) A small EC package of officially certified basic or CS seed shall be labelled—

(a) in the case of a package of seed sealed in Northern Ireland, in accordance with paragraphs 13 to 15 of Schedule 8, and

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in Northern Ireland, or

(ii) in another member State,

in accordance with the provisions of Article 13 of the Beet Seed Directive.

(8) A package (other than a small EC package) of officially certified basic or CS seed shall contain a document which—

(a) in the case of a package of seed sealed in Northern Ireland—

(i) is of the same colour as the official label fixed to the outside of the package in accordance with the provisions of paragraph (6)(a), and

(ii) contains the particulars specified in paragraph 8(c), (e), (f), (g) and (l) or (m) of Schedule 8;

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in Northern Ireland, or

(ii) in another member State,

is in accordance with the provisions of Article 12(b) of the Beet Seed Directive; and

(c) in the case of a package of seed sealed in an equivalent third country, is in accordance with the provisions of paragraph 3.3 of Part B of Annex II to the Third Country Equivalence Decision as they apply to basic or CS seed.

(9) The provisions of paragraph (8) shall not apply if—

(a) the particulars specified in paragraph (8)(a)(2) are printed indelibly on the outside of the package, or

(b) the official label is an adhesive or a tear resistant label.

(10) A package of test and trial seed shall be labelled—

(a) in the case of a package of seed sealed in Northern Ireland, in accordance with paragraphs 16, 17 and 18 of Schedule 8; and

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in Northern Ireland, or

(ii) in another member State,

in accordance with the provisions of Article 9 of the 2004 Commission Decision.

(11) A package of seed of a conservation variety must be labelled—

(a) in the case of a package of seed sealed in Northern Ireland, in accordance with paragraph 19 of Schedule 8; and

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in Northern Ireland, or

(ii) in another member State,

in accordance with the provisions of Article 18 of Commission Directive 2008/62.

(12) In the case of seed of a variety that has been genetically modified—

(a) any label or document, official or otherwise, which is fixed to or accompanies a seed lot or any part of a seed lot under the provisions of these Regulations, and

(b) any particulars given under paragraph (3),

shall clearly indicate that the variety has been genetically modified.

(13) If any breeder’s seed or officially certified pre-basic, basic, CS seed or test and trial seed has been subjected to any chemical treatment then this fact and the nature of the treatment or the proprietary name of the chemical used in the treatment shall be stated either—

(a) in a case where paragraph (3) applies, with the particulars given in accordance with that paragraph; and

(b) in a case where paragraph (3) does not apply—

(i) on a separate supplier’s label on the package; or

(ii) on the label required under paragraph (4), (5), (6), (7) or (10)

and also, except where the information prescribed by this paragraph is given on an adhesive or tear-resistant label, either on the outside of the package or on a document enclosed inside the package.

(14) Subject to paragraph (15), if a package of officially certified pre-basic, basic or CS seed, other than a small EC package of basic or CS seed, has been resealed this fact shall be stated on the official label together with the date of resealing and the name of the authority responsible for the resealing.

(15) Where a package of seed of the type specified in paragraph 4, 12, 13(3), 18, 19(3), 26 and 27(4) of Schedule 1 is resealed, the package shall be labelled with an OECD label containing the particulars otherwise required under this regulation.

(16) The particulars and the information given in accordance with this regulation shall be given in one of the official languages of the European Community.

(17) Subject to the provisions of the Act and of these Regulations, a person shall not, in the course of the marketing or the preparation for marketing of any seed by himself or another person, wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label fixed to, contained in or marked on any package of seed or which is to be so fixed, contained or marked.

Commencement Information

I24 Reg. 24 in operation at 31.12.2009, see reg. 1

PART 4 N.I. Miscellaneous and supplemental provisions

Civil liability of sellers of seeds N.I.

25.—(1) Particulars given to a purchaser by the seller of seed in pursuance of these Regulations, whether given expressly or by implication arising from the description under which the seed is sold, shall constitute a statutory warranty for the purpose of section 4 of the Act in so far as they relate to the category of seed, the percentage germination of the seed, the percentage analytical purity of the seed, the content of seed of other plant species and the varietal identity and varietal purity of the seed.

(2) Section 4(2) of the Act shall apply to any particulars given to a purchaser by the seller of seeds, being particulars given or implied as in paragraph (1), in so far as they relate to the percentage germination, the percentage analytical purity, the content of seed of other plant species, the number of clusters with single seedlings or the number of clusters with three or more seedlings and there are hereby prescribed in respect of such matters the limits of variation set out in Schedule 9.

(3) Section 4(3) of the Act shall apply to any particulars given to a purchaser by the seller of the seed, being particulars given or implied as in paragraph (1), in so far as they relate to the percentage germination, the percentage analytical purity, the content of seed of other plant species, the number of clusters with a single seedling, or the number of clusters with three or more seedlings.

(4) A purchaser who intends to obtain a test of seed for the purposes of section 4(3) of the Act shall, not more than ten days after delivery to him of the seed, give to the seller notice of his intention and thereupon the seller may indicate a day (not being more than twenty-one days after the delivery of the seed to the purchaser) and a reasonable time on that day at which a sample of the seed may be taken in the presence of himself or his representative and the purchaser shall afford to the seller reasonable facilities for that purpose.

(5) On the day and at the time appointed by the seller in accordance with paragraph (4) or, if the seller shall have failed to appoint such a day and time, on a day not more than twenty-eight days after delivery of the seed to the purchaser, the purchaser or his representative may, and if the seller or his representative is present shall, take a sample of seed.

(6) A sample taken in accordance with the requirements of paragraph (5) shall be taken and divided by the purchaser or his representative into two parts in accordance with the requirements contained in Schedule 5 of the Seed (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009, of which one part shall be sent to the chief officer of an official testing station for the purpose of being tested and the other part delivered or tendered to the seller or his representative or, if he or his representative was not present when the sample was taken, sent to him by post.

(7) Where a sample is taken in accordance with the requirements of paragraph (5) and divided into two parts in accordance with paragraph (6) each part of the divided sample shall be of at least the appropriate minimum weight specified in Schedule 7 (lots and sample weights) of these Regulations.

Commencement Information

I25 Reg. 25 in operation at 31.12.2009, see reg. 1

Arrangements for official measures N.I.

26.—(1) Subject to the following provisions of this regulation, the Department may make arrangements, in such form as the Department is of the opinion may be necessary or desirable, for the purpose of enabling any person to act under the Department’s responsibility in carrying out official measures.

(2) The Department shall not make an arrangement under this regulation unless it is satisfied that it will make provision for the purpose of preventing the person with whom the arrangement is made, and any other person, from—

(a) deriving any private gain from any official measures carried out under the arrangement, and

(b) carrying out any official measures under the arrangement except under the supervision of the Department.

(3) An arrangement under this regulation may include such conditions as the Department is of the opinion are necessary or desirable for the purposes referred to in paragraphs (1) and (2) above, including conditions—

(a) specifying—

(i) the official measures that the person with whom the arrangement is made shall carry out under it;

(ii) the species and category of seed in respect of which the person with whom the arrangement is made may carry out the official measures;

(iii) the methods to be used in connection with the official measures the person with whom the arrangement is made carries out under the arrangement;

(iv) the fees that may be charged by the person with whom the arrangement is made in relation to the official measures carries out under it; and

(v) the records that must be kept by the person with whom the arrangement is made in connection with the official measures carried out;

(b) prohibiting the person with whom the arrangement is made from—

(i) carrying out the official measures except under official supervision, and

(ii) charging fees in relation to the official measures carried out under the arrangement except to the extent that these do not exceed the costs incurred in carrying them out; and

(c) prohibiting the person with whom the arrangement is made from making any further arrangement for any purpose in connection with the carrying out of any of the official measures he has arranged with the Department to carry out, unless—

(i) the Department has first approved all the conditions of the further arrangement and the person with whom the arrangement was made has received the prior approval of the Department to make the further arrangement;

(ii) the further arrangement includes a condition prohibiting the making of any subsequent arrangements for any purpose in connection with the carrying out of any of the official measures in respect of which the Department made the arrangement;

(iii) the further arrangement includes an acknowledgement by the person with whom it is made that the Department may vary, suspend or revoke the further arrangement, whether or not it also varies, suspends or revokes the arrangement it made with the person seeking approval for the further arrangement; and

(iv) the further arrangement includes the conditions specified in sub-paragraphs (a) and (b).

(4) The Department shall not approve the making of a further arrangement by any person with whom it makes an arrangement under this regulation unless it is satisfied that the person with whom the further arrangement is to be made—

(a) will not derive any private gain from any official measures that person is to be authorised to carry out under the further arrangement, and

(b) will not carry out any official measures under the further arrangement except under official supervision.

(5) The Department may vary, suspend or revoke an arrangement or the conditions of an arrangement made under this regulation, or a further arrangement or any of the conditions of a further arrangement under this regulation, by giving notice to the person with whom the arrangement or further arrangement is made, and a further arrangement may be varied, suspended or revoked under this paragraph notwithstanding that the arrangement in respect of which it was made is not also varied, suspended or revoked.

(6) A notice of a variation, suspension or revocation of an arrangement or further arrangement, or of a condition of an arrangement or further arrangement, shall specify—

(a) in respect of a variation or a revocation, a date on and after which the variation or revocation shall have effect, and

(b) in respect of a suspension, a period during which suspension shall have effect,

and the variation, suspension or revocation shall have effect in accordance with the notice.

(7) When a variation, suspension or revocation has effect the Department may, for any purposes in relation to these Regulations or a determination under these Regulations, continue to have regard to such of the official measures carried out under an arrangement which was varied, suspended or revoked as appear to the Department to be official measures carried out in accordance with the provisions of these Regulations.

Commencement Information

I26 Reg. 26 in operation at 31.12.2009, see reg. 1

Fees N.I.

27.—(1) The Department may charge any person reasonable fees in respect of costs reasonably incurred by the Department in carrying out official measures for the purposes of these Regulations.

(2) The Department may charge any person concerned in any matter connected with these Regulations reasonable fees in respect of costs reasonably incurred by the Department in connection with that matter for the purposes of these Regulations, including the costs reasonably incurred by an officer authorised for the purposes of these Regulations by the Department in connection with—

(a) the taking of samples in accordance with regulation 21;

(b) the sealing of packages in accordance with regulations 22 and 23; and

(c) the labelling of packages in accordance with regulation 24.

(3) A person carrying out official measures in accordance with an arrangement or further arrangement under regulation 26 may charge any person, including any other person with whom an arrangement or further arrangement has been made under regulation 26, reasonable fees in respect of costs reasonably incurred in carrying out official measures under the responsibility of the Department in accordance with these Regulations.

(4) All fees payable under these Regulations in connection with any application shall be payable—

(a) at the time the application is made, or

(b) with the agreement of the Department or a person carrying out official measures in accordance with an arrangement or further arrangement under regulation 26 (as the case may be), within twenty-eight days following notice from the Department or that person (as the case may be) demanding the fee payable in respect of such application.

(5) All other fees payable under these Regulations shall be payable within twenty-eight days following the issue of a notice under these Regulations demanding the payment of the fee.

(6) A fee charged in accordance with this regulation shall be recoverable as a debt from the person by whom the fee is payable.

Commencement Information

I27 Reg. 27 in operation at 31.12.2009, see reg. 1

Index of defined words and expressions N.I.

28.  Schedule 10 contains an index of defined words and expressions used in these Regulations.

Commencement Information

I28 Reg. 28 in operation at 31.12.2009, see reg. 1

Revocations and transitional provisions N.I.

29.—(1) Subject to paragraph (3)—

(a) the Beet Seeds Regulations (Northern Ireland) 1994(17);

(b) the Beet Seeds (Amendment) Regulations (Northern Ireland) 2000(18); and

(c) the Beet Seeds (Amendment) Regulations (Northern Ireland) 2001(19),

are revoked.

(2) Subject to paragraph (3)—

(a) the Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 1997(20);

(b) the Seeds (Fees) (No. 2) Regulations (Northern Ireland) 2002(21); and

(c) the Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2008(22),

are revoked in relation to matters arising under the Beet Seeds Regulations 1994.

(3) The provisions of these Regulations shall not apply to seed harvested before 31st December 2009 until 1st July 2010.

(4) Section 29 of the Interpretation Act (Northern Ireland) 1954(23) shall not apply in relation to general licences made under the Beet Seeds Regulations 1994.

Commencement Information

I29 Reg. 29 in operation at 31.12.2009, see reg. 1

Sealed with the official Seal of the Department of Agriculture and Rural Development on 25th November 2009.

John Speers

A senior officer of the Department of Agriculture and Rural Development.

Regulations 2(5) and 24(15) and Schedule 10

SCHEDULE 1 N.I. INTERPRETATION

PART 1 N.I. Meaning of pre-basic seed and similar expressions

Pre-basic seed N.I.

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.

Commencement Information

I30 Sch. 1 para. 1 in operation at 31.12.2009, see reg. 1

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

2.—(1) In these Regulations “UK officially certified pre-basic 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 pre-basic 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 pre-basic 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) 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 1 of Schedule 4 for a crop from which basic seed is to be produced;

(ii) that satisfies the conditions laid down in Parts 2 and 3 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 2 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 sub-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 sub-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 sub-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 sub-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 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 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 Department under regulation 12 to re-grade it as pre-basic seed.

Commencement Information

I31 Sch. 1 para. 2 in operation at 31.12.2009, see reg. 1

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

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.

Commencement Information

I32 Sch. 1 para. 3 in operation at 31.12.2009, see reg. 1

Third country officially certified pre-basic seed of a listed variety N.I.

4.—(1) In these Regulations “third country officially certified pre-basic seed of a listed variety” means seed to which sub-paragraph (2) or (4) applies.

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

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

(i) in an equivalent third country; and

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

(b) that has been officially certified as pre-basic seed by the approved seed certification authority in that country in accordance with the 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 accompanied by the appropriate documentation.

(3) For the purposes of sub-paragraph (2)(d), the appropriate documentation is—

(a) 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; and

(b) in all other cases—

(c) 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 pre-basic seed; and

(d) 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 pre-basic seed other than those relating to varietal identity and varietal purity.

(4) This sub-paragraph applies to pre-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 sub-paragraph (2)(a) to (d).

Commencement Information

I33 Sch. 1 para. 4 in operation at 31.12.2009, see reg. 1

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

5.  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 sub-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 sub-paragraph (b).

Commencement Information

I34 Sch. 1 para. 5 in operation at 31.12.2009, see reg. 1

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

6.—(1) In these Regulations “UK officially certified early movement pre-basic 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 pre-basic 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 pre-basic 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) 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 1 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 2 and 3 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 2 of Schedule 4 for basic seed;

(b) pre-basic 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) 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 sub-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 sub-paragraph (a)(ii) to (iv); and

(iii) 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 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 Department under regulation 12 to re-grade it as early movement pre-basic seed.

Commencement Information

I35 Sch. 1 para. 6 in operation at 31.12.2009, see reg. 1

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

7.  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.

Commencement Information

I36 Sch. 1 para. 7 in operation at 31.12.2009, see reg. 1

Officially certified pre-basic seed N.I.

8.  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) third country officially certified pre-basic seed of a listed variety;

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

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

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

Commencement Information

I37 Sch. 1 para. 8 in operation at 31.12.2009, see reg. 1

PART 2 N.I. Meaning of basic seed and similar expressions

Basic seed N.I.

9.—(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.

Commencement Information

I38 Sch. 1 para. 9 in operation at 31.12.2009, see reg. 1

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

10.—(1) In these Regulations “UK officially certified basic 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 basic 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 basic 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) 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 1 of Schedule 4 for a crop from which basic seed is to be produced;

(ii) that satisfies the conditions laid down in Parts 2 and 3 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 2 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 sub-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 sub-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 sub-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 sub-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 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 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 Department under regulation 12 to re-grade it as basic seed.

Commencement Information

I39 Sch. 1 para. 10 in operation at 31.12.2009, see reg. 1

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

11.  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.

Commencement Information

I40 Sch. 1 para. 11 in operation at 31.12.2009, see reg. 1

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

12.—(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 sub-paragraph (2).

(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).

Commencement Information

I41 Sch. 1 para. 12 in operation at 31.12.2009, see reg. 1

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

13.—(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 sub-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 sub-paragraph (a), and

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

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

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

Commencement Information

I42 Sch. 1 para. 13 in operation at 31.12.2009, see reg. 1

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

14.—(1) In these Regulations “UK officially certified early movement basic 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 basic 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 basic 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) 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 1 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 2 and 3 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 2 of Schedule 4 for basic seed;

(b) basic 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) 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 sub-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 sub-paragraph (a)(ii) to (iv); and

(iii) 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 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 Department under regulation 12 to re-grade it as early movement basic seed.

Commencement Information

I43 Sch. 1 para. 14 in operation at 31.12.2009, see reg. 1

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

15.  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.

Commencement Information

I44 Sch. 1 para. 15 in operation at 31.12.2009, see reg. 1

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

16.—(1) In these Regulations “UK 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—

(a) seed of a component of a listed hybrid variety officially certified as basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the National Assembly for Wales, and

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

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

(ii) that satisfies the conditions laid down in Parts 2 and 3 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 2 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 sub-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 sub-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 sub-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 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.

Commencement Information

I45 Sch. 1 para. 16 in operation at 31.12.2009, see reg. 1

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

17.  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.

Commencement Information

I46 Sch. 1 para. 17 in operation at 31.12.2009, see reg. 1

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

18.—(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 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 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 sub-paragraph (2).

(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).

Commencement Information

I47 Sch. 1 para. 18 in operation at 31.12.2009, see reg. 1

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

19.—(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 sub-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 sub-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.

Commencement Information

I48 Sch. 1 para. 19 in operation at 31.12.2009, see reg. 1

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

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

(2) This sub-paragraph applies to—

(a) seed of a component of a listed hybrid variety officially certified as early movement basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the National Assembly for Wales, and

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

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

(b) basic seed of a component of a previously listed hybrid variety that complies with the requirements of sub-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 sub-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 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.

Commencement Information

I49 Sch. 1 para. 20 in operation at 31.12.2009, see reg. 1

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

21.  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.

Commencement Information

I50 Sch. 1 para. 21 in operation at 31.12.2009, see reg. 1

Officially certified basic seed N.I.

22.  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.

Commencement Information

I51 Sch. 1 para. 22 in operation at 31.12.2009, see reg. 1

PART 3 N.I. Meaning of CS seed and similar expressions

CS seed N.I.

23.  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.

Commencement Information

I52 Sch. 1 para. 23 in operation at 31.12.2009, see reg. 1

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

24.—(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 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 and 3 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.

Commencement Information

I53 Sch. 1 para. 24 in operation at 31.12.2009, see reg. 1

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

25.  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

I54 Sch. 1 para. 25 in operation at 31.12.2009, see reg. 1

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

26.—(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 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 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 (2).

(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

I55 Sch. 1 para. 26 in operation at 31.12.2009, see reg. 1

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

27.—(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 sub-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 sub-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 sub-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 sub-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.

Commencement Information

I56 Sch. 1 para. 27 in operation at 31.12.2009, see reg. 1

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

28.—(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 and 3 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 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 (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.

Commencement Information

I57 Sch. 1 para. 28 in operation at 31.12.2009, see reg. 1

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

29.  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

I58 Sch. 1 para. 29 in operation at 31.12.2009, see reg. 1

Officially certified CS seed N.I.

30.  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

I59 Sch. 1 para. 30 in operation at 31.12.2009, see reg. 1

Early multiplication N.I.

31.—(1) The requirement contained in paragraph 23 (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 sub-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 1 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 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 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 veriety—

(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.

Commencement Information

I60 Sch. 1 para. 31 in operation at 31.12.2009, see reg. 1

PART 4 N.I. Meaning of expressions relating to imported not finally certified seed

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

32.—(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”.

Commencement Information

I61 Sch. 1 para. 32 in operation at 31.12.2009, see reg. 1

Not finally certified basic seed harvested in another member State N.I.

33.—(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 32(3).

Commencement Information

I62 Sch. 1 para. 33 in operation at 31.12.2009, see reg. 1

Not finally certified CS seed harvested in another member State N.I.

34.—(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 certification 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) 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 of 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 32(3).

Commencement Information

I63 Sch. 1 para. 34 in operation at 31.12.2009, see reg. 1

Not finally certified CS seed harvested in an equivalent third country N.I.

35.—(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 offically 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 certification 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.

Commencement Information

I64 Sch. 1 para. 35 in operation at 31.12.2009, see reg. 1

Regulation 4(1)

SCHEDULE 2 N.I. SPECIES OF SEED TO WHICH THESE REGULATIONS APPLY

1.  Sugar beet. N.I.

Commencement Information

I65 Sch. 2 para. 1 in operation at 31.12.2009, see reg. 1

2.  Fodder beet N.I.

Commencement Information

I66 Sch. 2 para. 2 in operation at 31.12.2009, see reg. 1

Regulations 2(1), 7(8) to (10), (11),(12),(13)(b), (15)(c) and 18(a), 9(3) and 9(4)(c),10(15)(a),12(4)(f), 13(1)(b) andparagraphs 2(3)9a), 6(3)(a),10(3)(a),14(3)(a), 16(3)(a), 20(3)(a),24(3)(a), 28(3)(a) and31(2)(a) of Schedule 1.

SCHEDULE 3 N.I. CONDITIONS RELATING TO CROPS FROM WHICH SEED 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. N.I.

Commencement Information

I67 Sch. 3 para. 1 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I68 Sch. 3 para. 2 in operation at 31.12.2009, see reg. 1

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

(a) by or on behalf of the Department, the Secretary of State, the Scottish Ministers, the National Assembly for Wales ;

(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.

Commencement Information

I69 Sch. 3 para. 3 in operation at 31.12.2009, see reg. 1

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

		Crop	Minimum distance (metres)
		1	2
(1)	For the production of basic seed — From any source of the genus Beta		1,000
(2)	For the production of CS seed of sugar beet—
	(a)	From any pollen sources of the genus Beta not included below	1,000
	(b)	The intended pollinator or one of the intended pollinators being diploid, from tetraploid sugar beet pollen sources	600
	(c)	The intended pollinator being exclusively tetraploid, from diploid sugar beet pollen sources	600
	(d)	From sugar beet pollen sources, the ploidy of which is unknown	600
	(e)	The intended pollinator or one of the intended pollinators being diploid, from diploid sugar beet pollen sources	300
	(f)	The intended pollinator being exclusively tetraploid, from tetraploid sugar beet pollen sources	300
	(g)	Between two sugar beet seed production fields in which male sterility is not used	300
(3)	For the production of CS seed of fodder beet—
	(a)	from any pollen sources of the genus Beta not included below	1,000
	(b)	the intended pollinator or one of the intended pollinators being diploid, from tetraploid fodder beet pollen sources	600
	(c)	the intended pollinator being exclusively tetraploid, from diploid fodder beet pollen sources	600
	(d)	from fodder beet pollen sources, the ploidy of which is unknown	600
	(e)	the intended pollinator or one of the intended pollinators being diploid, from diploid fodder beet pollen sources	300
	(f)	the intended pollinator being exclusively tetraploid, from tetraploid fodder beet pollen sources	300
	(g)	between two fodder beet seed production fields in which male sterility is not used	300

Commencement Information

I70 Sch. 3 para. 4 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I71 Sch. 3 para. 5 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I72 Sch. 3 para. 6 in operation at 31.12.2009, see reg. 1

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. N.I.

Commencement Information

I73 Sch. 3 para. 7 in operation at 31.12.2009, see reg. 1

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. N.I.

Commencement Information

I74 Sch. 3 para. 8 in operation at 31.12.2009, see reg. 1

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 1 of Schedule 4. N.I.

(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 1 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.

Commencement Information

I75 Sch. 3 para. 9 in operation at 31.12.2009, see reg. 1

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 1 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. N.I.

Commencement Information

I76 Sch. 3 para. 10 in operation at 31.12.2009, see reg. 1

Regulations 2(1), 7(8) to (12), (13)(b), (15)(c) and (18)(b), 9(3),(4)(c) and (6) to (13), (15)(a), 12(3) and 12(4)(f) to (h), 13(1)(b) and (c), paragraphs 2(3)(a), 6(3)(a), 10(3)(a), 14(3)(a), 16(3)(a), 20(3)(a), 24(3)(a), 28(3)(a), and 31(2)(a) of Schedule 1 and paragraph 9(1) and (2) and 10 of Schedule 3

SCHEDULE 4 N.I. CONDITIONS TO BE SATISFIED BY THE SEED

PART 1 N.I. Conditions to be examined mainly by field inspections

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

Commencement Information

I77 Sch. 4 para. 1 in operation at 31.12.2009, see reg. 1

PART 2 N.I. Conditions to be examined by seed testing

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

Commencement Information

I78 Sch. 4 para. 2 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I79 Sch. 4 para. 3 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I80 Sch. 4 para. 4 in operation at 31.12.2009, see reg. 1

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

(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—

	Species and category	Germination standard for basic seed/minimum germination for CS seed (% of clusters or pure seed)
	1.	2.
Sugar beet—
(i)	monogerm seed	80
(ii)	precision seed	75
(iii)	multigerm seed of a variety with more than 85% diploids	73
(iv)	other seed	68
Fodder beet—
(i)	multigerm seed of a variety with more than 85% diploids, monogerm seed and precision seed	73
(ii)	other seed	68

Commencement Information

I81 Sch. 4 para. 5 in operation at 31.12.2009, see reg. 1

6.  In the case of monogerm seed— N.I.

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

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

Commencement Information

I82 Sch. 4 para. 6 in operation at 31.12.2009, see reg. 1

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

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

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

Commencement Information

I83 Sch. 4 para. 7 in operation at 31.12.2009, see reg. 1

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

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

(b) in the case of any other variety, at least 63 per cent 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 per cent of the germinated clusters.

Commencement Information

I84 Sch. 4 para. 8 in operation at 31.12.2009, see reg. 1

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

(a) 1.0 per cent in the case of basic seed, and

(b) 0.5 per cent in the case of CS seed.

Commencement Information

I85 Sch. 4 para. 9 in operation at 31.12.2009, see reg. 1

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. N.I.

Commencement Information

I86 Sch. 4 para. 10 in operation at 31.12.2009, see reg. 1

PART 3 N.I. Other conditions

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

Commencement Information

I87 Sch. 4 para. 11 in operation at 31.12.2009, see reg. 1

PART 4 N.I. General 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. N.I.

Commencement Information

I88 Sch. 4 para. 12 in operation at 31.12.2009, see reg. 1

Regulations 12(1) and 21(1)(b)

SCHEDULE 5 N.I. RE-GRADING OF SEED

Commencement Information

I89 Sch. 5 in operation at 31.12.2009, see reg. 1

Column 1		Column 2
Category		New category
1.	UK, EC , third country or overseas tested officially certified pre-basic seed of a listed variety	UK officially certified basic seed of a listed variety
2.	UK, EC, third country or overseas tested officially certified basic seed of a listed variety	UK officially certified pre-basic seed of a listed variety
3.	UK or EC officially certified early movement pre-basic seed of a listed variety	UK officially certified early movement basic seed of a listed variety
4.	UK or EC officially certified early movement basic seed of a listed variety	UK officially certified early movement pre-basic seed of a listed variety
5.	UK, EC, third country or overseas tested CS seed of a listed variety	UK officially certified pre-basic or basic seed of a listed variety

Regulation 14(1)

SCHEDULE 6 N.I. CATEGORIES OF SEED THAT MAY BE MARKETED

Breeder’s seed N.I.

1.  Breeder’s seed.

Commencement Information

I90 Sch. 6 para. 1 in operation at 31.12.2009, see reg. 1

Pre-basic seed of a listed variety N.I.

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

Commencement Information

I91 Sch. 6 para. 2 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I92 Sch. 6 para. 3 in operation at 31.12.2009, see reg. 1

4.  Third country officially certified pre-basic seed of a listed variety.

Commencement Information

I93 Sch. 6 para. 4 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I94 Sch. 6 para. 5 in operation at 31.12.2009, see reg. 1

Basic seed of a listed variety N.I.

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

Commencement Information

I95 Sch. 6 para. 6 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I96 Sch. 6 para. 7 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I97 Sch. 6 para. 8 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I98 Sch. 6 para. 9 in operation at 31.12.2009, see reg. 1

CS seed of a listed variety N.I.

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

Commencement Information

I99 Sch. 6 para. 10 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I99 Sch. 6 para. 10 in operation at 31.12.2009, see reg. 1

I100 Sch. 6 para. 11 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I101 Sch. 6 para. 12 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I99 Sch. 6 para. 10 in operation at 31.12.2009, see reg. 1

I102 Sch. 6 para. 13 in operation at 31.12.2009, see reg. 1

Early movement pre-basic seed of a listed variety N.I.

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

Commencement Information

I103 Sch. 6 para. 14 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I104 Sch. 6 para. 15 in operation at 31.12.2009, see reg. 1

Early movement basic seed of a listed variety N.I.

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

Commencement Information

I105 Sch. 6 para. 16 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I106 Sch. 6 para. 17 in operation at 31.12.2009, see reg. 1

Early movement CS seed of a listed variety N.I.

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

Commencement Information

I107 Sch. 6 para. 18 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I108 Sch. 6 para. 19 in operation at 31.12.2009, see reg. 1

Basic seed of a component of a listed hybrid variety N.I.

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

Commencement Information

I109 Sch. 6 para. 20 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I110 Sch. 6 para. 21 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I111 Sch. 6 para. 22 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I112 Sch. 6 para. 23 in operation at 31.12.2009, see reg. 1

Early movement basic seed of a component of a listed hybrid variety N.I.

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

Commencement Information

I113 Sch. 6 para. 24 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I114 Sch. 6 para. 25 in operation at 31.12.2009, see reg. 1

Regulations 2(1), 21(3), (4),(5) and 25(7)

SCHEDULE 7 N.I. LOT AND SAMPLE WEIGHTS

Commencement Information

I115 Sch. 7 in operation at 31.12.2009, see reg. 1

Regulations 24(3)(b), (4), (5)(a), (6)(a), (7)(a) and (8)(a)

SCHEDULE 8 N.I. LABELLING

PART 1 N.I. Particulars to be marked or displayed on the sale of unpackaged seed (loose sales)

1.  The following particulars shall be given— N.I.

(a) the words“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”.

Commencement Information

I116 Sch. 8 para. 1 in operation at 31.12.2009, see reg. 1

PART 2 N.I. Labelling 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— N.I.

(a) the name and address of the supplier responsible for affixing the labels or his 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.

Commencement Information

I117 Sch. 8 para. 2 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I118 Sch. 8 para. 3 in operation at 31.12.2009, see reg. 1

PART 3 N.I. Labelling 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— N.I.

(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.

Commencement Information

I119 Sch. 8 para. 4 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I120 Sch. 8 para. 5 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I121 Sch. 8 para. 6 in operation at 31.12.2009, see reg. 1

7.  The label referred to in paragraph 4— N.I.

(a) shall be—

(i) an adhesive label, or

(ii) a label secured to the package by a sealing device approved by the Department, the Secretary of State, the Scottish Ministers, the National Assembly for Wales , 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.

Commencement Information

I122 Sch. 8 para. 7 in operation at 31.12.2009, see reg. 1

PART 4 N.I. Labelling of packages of officially certified basic and CS seed

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

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”.

Commencement Information

I123 Sch. 8 para. 8 in operation at 31.12.2009, see reg. 1

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.

Commencement Information

I124 Sch. 8 para. 9 in operation at 31.12.2009, see reg. 1

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

Commencement Information

I125 Sch. 8 para. 10 in operation at 31.12.2009, see reg. 1

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

(a) white for basic seed, and

(b) blue for CS seed.

Commencement Information

I126 Sch. 8 para. 11 in operation at 31.12.2009, see reg. 1

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 Department, the Secretary of State, the Scottish Ministers, the National Assembly for Wales ,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.

Commencement Information

I127 Sch. 8 para. 12 in operation at 31.12.2009, see reg. 1

Supplier’s label for a small EC package of basic or CS seed N.I.

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 his 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”.

Commencement Information

I128 Sch. 8 para. 13 in operation at 31.12.2009, see reg. 1

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.

Commencement Information

I129 Sch. 8 para. 14 in operation at 31.12.2009, see reg. 1

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.

Commencement Information

I130 Sch. 8 para. 15 in operation at 31.12.2009, see reg. 1

PART 5 N.I. Labelling of packages of test and trial seed

Official label for a package of test and trial seed N.I.

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

(a) the name of the certifying authority and member State or their distinguishing abbreviations;

(b) the reference number of the lot;

(c) the month and year of sealing;

(d) the species;

(e) the denomination of the variety under which the seed is to be marketed (which may be the breeder’s reference, the proposed denomination or the approved denomination) and the official application number for listing the variety, if any;

(f) the statements “variety not yet officially listed” and “for tests and trials only”;

(g) the declared net or gross weight or declared number of pure seeds or, where applicable, clusters; and

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

Commencement Information

I131 Sch. 8 para. 16 in operation at 31.12.2009, see reg. 1

17.  The label referred to in paragraph 16 shall be coloured orange.

Commencement Information

I132 Sch. 8 para. 17 in operation at 31.12.2009, see reg. 1

18.  The label referred to in paragraph 16 shall be—

(a) adhesive; and

(b) affixed 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.

Commencement Information

I133 Sch. 8 para. 18 in operation at 31.12.2009, see reg. 1

PART 6 N.I. Labelling of packages of seed of a conservation variety

Supplier’s label or notice for a package of seed of a conservation variety N.I.

19.—(1) The package must be labelled, not later than the time of sealing, on the outside with a supplier’s label, or a printed or stamped notice, containing the following particulars—

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

(b) the name and address, or the registration number, of the person responsible for affixing the label or notice;

(c) the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word “sealed” or “sampled” (as the case may be), followed by the year in question;

(d) the species;

(e) the denomination of the conservation variety;

(f) the words “conservation variety”;

(g) the region of origin;

(h) where the region of seed production is different from the region of origin, the indication of the region of seed production;

(i) the reference number of the lot given by the person responsible for affixing the label;

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

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

(2) The label or notice must be coloured brown.

Commencement Information

I134 Sch. 8 para. 19 in operation at 31.12.2009, see reg. 1

Regulation 25(2)

SCHEDULE 9 N.I. LIMITS OF VARIATION

Commencement Information

I135 Sch. 9 in operation at 31.12.2009, see reg. 1

FOR GERMINATION OR FOR CLUSTERS WITH A SINGLE SEEDLING
Stated minimum percentage of germination or clusters with a single seedling (expressed as an integer)	Limit of variation Per cent
99-100	2
97-98	3
94-96	4
91-93	5
87-90	6
82-86	7
76-81	8
69-75	9
60-68	10
50-59	11

ANALYTICAL PURITY
Stated minimum percentage of analytical purity (expressed to one decimal point)	Limit of variation Per cent
99.9-100	0.2
99.8	0.3
99.6-99.7	0.4
99.3-99.5	0.5
99.0-99.2	0.6
98.5-98.9	0.7
98.3-98.4	0.8
97.5-98.2	0.9
97.0-97.4	1.0
96.5-96.9	1.1
95.5-96.4	1.2
95.0-95.4	1.3

CONTENTS OF SEEDS OF OTHER SPECIES
Stated maximum percentage of seeds of other species (expressed to one decimal point)	Limit of variation Per cent
0.0	0.1
0.1-0.2	0.3
0.3-0.4	0.4
0.5	0.5

CLUSTERS WITH THREE OR MORE SEEDLINGS
Stated maximum percentage of clusters with three or more seedlings (expressed as an integer)	Limit of variation Per cent
0-2	2
3-4	3
5-6	4
7-9	5
10	6

Regulation 28

SCHEDULE 10 N.I. INDEX OF WORDS AND EXPRESSIONS USED IN THESE REGULATIONS

Commencement Information

I136 Sch. 10 in operation at 31.12.2009, see reg. 1

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—

Expression	Provision of these Regulations in which the expression is defined
the 2004 Commission Decision	Regulation 2(1)
the Act	Regulation 2(1)
Annex II.A(3) official certificate	Regulation 2(1)
Annex IV(C) document	Regulation 2(1)
another member State	Regulation 2(1)
appropriate time	Regulation 5(4)
approved seed certification authority	Regulation 2(1)
authorised officer	Regulation 2(1)
basic seed	Paragraph 9 of Schedule 1
the Beet Seed Directive	Regulation 2(1)
blended seed lot	Regulation 2(1)
breeder	Regulation 2(1)
breeder’s seed	Regulation 2(1)
Common Catalogue	Regulation 2(1)
Common Catalogue Directive	Regulation 2(1)
component	Regulation 2(1)
control plot	Regulation 2(1)
CS seed	Paragraph 23 of Schedule 1
Deliberate Release Directive	Regulation 2(1)
Department of Agriculture and Rural Development	Regulation 2(1)
Directive crop conditions	Regulation 2(1)
Directive seed conditions	Regulation 2(1)
EEA State	Regulation 2(1)
EC minimum percentage of germination	Regulation 2(1)
EC officially certified basic seed of a component of a listed hybrid variety	Paragraph 17 of Schedule 1
EC officially certified basic seed of a listed variety	Paragraph 11 of Schedule 1
EC officially certified CS seed of a listed variety	Paragraph 25 of Schedule 1
EC officially certified early movement basic seed of a component of a listed hybrid variety	Paragraph 21 of Schedule 1
EC officially certified early movement basic seed of a listed variety	Paragraph 15 of Schedule 1
EC officially certified early movement CS seed of a listed variety	Paragraph 29 of Schedule 1
EC officially certified early movement pre-basic seed of a listed variety	Paragraph 7 of Schedule 1
EC officially certified pre-basic seed of a listed variety	Paragraph 3 of Schedule 1
entered seed lot	Regulation 2(1)
equivalent third country	Regulation 2(1)
final seed test report	Regulation 11(6)
fodder beet	Regulation 2(1)
Food and Feed Regulation	Regulation 2(1)
genetically modified	Regulation 2(1)
germination condition	Regulation 2(1)
Grey label	Paragraph 32(3) of Schedule 1
homogeneous seed lot	Regulation 2(1)
ISTA	Regulation 2(1)
late entered seed lot	Regulation 2(1)
licensed crop inspector	Regulation 2(1)
licensed EC crop inspector	Regulation 2(1)
licensed EC seed testing station	Regulation 2(1)
licensed seed sampler	Regulation 2(1)
licensed seed testing station	Regulation 2(1)
licensed third country crop inspector	Regulation 2(1)
licensed third country seed testing station	Regulation 2(1)
listed variety	Regulation 2(1)
listing	Regulation 2(1)
maintainer	Regulation 2(1)
marketing	Regulation 3
marketing extension	Regulation 2(1)
member State	Regulation 2(1)
monogerm seed	Regulation 2(1)
National List	Regulation 2(1)
not finally certified basic seed harvested in another member State	Paragraph 33 of Schedule 1
not finally certified CS seed harvested in an equivalent third country	Paragraph 35 of Schedule 1
not finally certified CS seed harvested in another member State	Paragraph 34 of Schedule 1
not finally certified pre-basic seed harvested in another member State	Paragraph 32 of Schedule 1
OECD	Regulation 2(1)
OECD Beet Seed Scheme	Regulation 2(1)
OECD Certificate	Regulation 2(1)
OECD Decision	Regulation 2(1)
OECD List	Regulation 2(1)
official label	Regulation 2(1)
officially certified basic seed	Paragraph 22 of Schedule 1
officially certified CS seed	Paragraph 30 of Schedule 1
officially certified pre-basic seed	Paragraph 8 of Schedule 1
official measures	Regulation 2(1)
official sample	Regulation 2(1)
official UK field inspection	Regulation 2(1)
official UK seed test	Regulation 2(1)
overseas tested officially certified basic seed of a listed variety	Paragraph 13 of Schedule 1
overseas tested officially certified basic seed of a component of a listed hybrid variety	Paragraph 19 of Schedule 1
overseas tested officially certified CS seed of a listed variety	Paragraph 27 of Schedule 1
overseas tested officially certified pre-basic seed of a listed variety	Paragraph 5 of Schedule 1
pre-basic seed	Paragraph 1 of Schedule 1
precision seed	Regulation 2(1)
previously listed variety	Regulation 2(1)
qualifying seed lot	Regulation 10(15)
qualifying seed test report	Regulation 5(4)
registered person	Regulation 2(1)
regulation 17 authorisation	Regulation 2(1)
regulation 18 authorisation	Regulation 2(1)
Schedule 4 germination test	Regulation 2(1)
Secretary of State	Regulation 2(1)
seed industry activity	Regulation 2(1)
seed lot	Regulation 2(1)
seed that has been subject to satisfactory official post control	Regulation 2(1)
seed that is subject to official post control	Regulation 7(18)
seed that has been subject to satisfactory official post control	Regulation 2(1)
small EC package	Regulation 2(1)
sugar beet	Regulation 2(1)
test and trial seed	Regulation 2(1)
third country	Regulation 2(1)
the Third Country Equivalence Decision	Regulation 2(1)
third country officially certified basic seed of a component of a listed hybrid variety	Paragraph 18 of Schedule 1
third country officially certified basic seed of a listed variety	Paragraph 12 of Schedule 1
third country officially certified CS seed of a listed variety	Paragraph 26 of Schedule 1
third country officially certified pre-basic seed of a listed variety	Paragraph 4 of Schedule 1
UK field inspection carried out under official supervision	Regulation 2(1)
UK officially certified basic seed of a listed variety	Paragraph 10 of Schedule 1
UK officially certified basic seed of a component of a listed hybrid variety	Paragraph 16 of Schedule 1
UK officially certified early movement CS seed of a listed variety	Paragraph 28 of Schedule 1
UK officially certified early movement pre-basic seed of a listed variety	Paragraph 6 of Schedule 1
a UK seed test carried out under official supervision	Regulation 2(1)
unlisted variety	Regulation 2(1)
whenever carried out	Regulation 2(1)
writing	Regulation 2(4)

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations consolidate the Beet Seeds Regulations (Northern Ireland) 1994, as amended by the Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 1997, the Beet Seeds (Amendment) Regulations (Northern Ireland) 2000, the Beet Seeds (Amendment) Regulations (Northern Ireland) 2001, and the Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2008.

They include minor amendments that give effect (in relation to the marketing of beet seed) to Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties (OJ No L 162, 21.6.08, p 13).

Regulation 21 provides for the marketing of seed of a conservation variety (“conservation variety” is defined in regulation 2(1), and regulations 21 to 24 make consequential amendments to provisions dealing with sampling, packaging and labelling.

They also give effect to Commission Directive 2009/74/EC amending Directives 66/401/EEC, 66/402/EEC, 2002/55/EC and 2002/57/EC as regards the botanical names of plants, the scientific names of other organisms and certain annexes to Directives 66/401/EEC and 2002/57/EC in the light of developments or scientific and technical knowledge.

These Regulations also provide for the collection by the Department of Agriculture and Rural Development of fees for certain services connected with the certification of seed for marketing, and revoke the Seeds (Fees) (No2) Regulations (Northern Ireland) 2002 insofar as they relate to matters arising under the Beet Seeds Regulations 1994.

No impact assessment has been prepared for this Rule, as no conservation varieties of beet seed have been identified in Northern Ireland, and the consolidation of the Beet Seeds Regulations (Northern Ireland) 1994, as amended, effects no significant change to the regulation of the seed market in Northern Ireland.

(1)

Formerly the Department of Agriculture for Northern Ireland: see S.R. 1999/283 (N.I.) Article 3(4)

(2)

1965 c.22(N.I.); section 1 was amended by 1970 c.20(N.I.), section 10(1) and S.R. & O.(N.I.) 1972 No.351 Art.3 and Schedule 3; section 2 was amended by 1970 c.20(N.I.), section 10 (2) and S.R.1977 No.295 Art.2.

(3)

OJ L 362, 9.12.2004, p21

(4)

OJ L 193, 20.7.2002, p. 12

(5)

OJ L 14, 18.1.2005, p. 18

(6)

OJ L 162, 21.6.08, p 13

(7)

OJ L 193, 20.7.2002, p. 1

(8)

S.I.2001/3510; relevant amendments are S.I. 2004/2949, 2007/1871 and S.I. 2009/1273.

(9)

OJ L 106, 17.4.2001, p. 1

(10)

OJ L 268, 18.10.2003, p. 24

(11)

OJ L 268, 18.10.2003, p. 1

(12)

SR 2009 No.388

(13)

2006 c. 32

(14)

1998 c. 32

(15)

OJ L 8, 14.1.2003, p. 10

(16)

2000 c.7.

(17)

S.R. 1994 No. 251

(18)

S.R. 2000 No. 52

(19)

S.R. 2001 No. 331

(20)

S.R. 1997 No. 240

(21)

S.R. 2002 No. 407

(22)

S.R. 2008 No. 114

(23)

1954 c. 33