The Vegetable Seeds Regulations (Northern Ireland) 2009

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

Basic seed N.I.

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

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

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

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

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

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

Commencement Information

I1 Sch. 1 para. 8 in operation at 31.12.2009, see reg. 1

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

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

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

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

(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 13 to re-grade it as basic seed.

Commencement Information

I2 Sch. 1 para. 9 in operation at 31.12.2009, see reg. 1

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

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

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

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

Commencement Information

I3 Sch. 1 para. 10 in operation at 31.12.2009, see reg. 1

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

11.  In these Regulations “overseas tested officially certified basic seed of a listed variety” means 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 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 V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in sub-paragraph (a), and

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

Commencement Information

I4 Sch. 1 para. 11 in operation at 31.12.2009, see reg. 1

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

12.—(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 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 13 to re-grade it as early movement basic seed.

Commencement Information

I5 Sch. 1 para. 12 in operation at 31.12.2009, see reg. 1

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

13.  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

I6 Sch. 1 para. 13 in operation at 31.12.2009, see reg. 1

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

14.—(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 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 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—

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

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

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

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

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

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

(e) basic seed—

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

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

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

other than seed to which sub-paragraph (2) applies and seed of a component of a hybrid variety 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

I7 Sch. 1 para. 14 in operation at 31.12.2009, see reg. 1

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

15.  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

I8 Sch. 1 para. 15 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.

16.  In these Regulations “overseas tested officially certified basic seed of a component of a listed hybrid variety” means basic seed—

(a) that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for basic seed;

(b) for which a seed test report has been issued—

(i) by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or

(ii) by a licensed EC seed testing station in either of the member States referred to in paragraph (i),

stating that the seed has been found to satisfy the relevant Directive seed conditions for basic seed;

(c) that has been imported into the United Kingdom as 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 V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

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

Commencement Information

I9 Sch. 1 para. 16 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.

17.—(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 of a component of a hybrid variety 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

I10 Sch. 1 para. 17 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.

18.  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 for which a marketing extension is in force in respect of seed of the hybrid variety.

Commencement Information

I11 Sch. 1 para. 18 in operation at 31.12.2009, see reg. 1

Officially certified basic seed N.I.

19.  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) overseas tested officially certified basic seed of a listed variety;

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

(e) EC officially certified early movement basic seed of a listed variety;

(f) UK officially certified basic seed of a component of a listed hybrid variety;

(g) EC officially certified basic seed of a component of a listed hybrid variety;

(h) overseas tested officially certified basic seed of a component of a listed hybrid variety;

(i) UK officially certified early movement basic seed of a component of a listed hybrid variety; and

(j) EC officially certified early movement basic seed of a component of a listed hybrid variety.

Commencement Information

I12 Sch. 1 para. 19 in operation at 31.12.2009, see reg. 1