Exception for Conservation VarietiesS
10.—(1) Regulation 6(1) shall not apply to the marketing of seed of a Conservation Variety in its region of origin, provided that the requirements of this regulation are met.
(2) The seed must descend from seed produced according to well defined practices for maintenance of the variety.
(3) The seed must be harvested from a crop that—
(a)has been produced in the region of origin for the variety or additional region; and
(b)satisfies the conditions laid down in paragraph 2 of Schedule 4.
(4) The Scottish Ministers may ascertain, so far as practicable, whether the requirements for the crop set out in paragraph 2 of Schedule 4 are met by the use of methods which may include an official post control and the consideration of any other relevant information, without requiring an official field inspection of the crop.
(5) The seed must satisfy the conditions laid down in paragraph 8 of Schedule 4.
(6) A person proposing to produce seed of a Conservation Variety must supply the Scottish Ministers, in such manner and form as the Scottish Ministers may require, with the following details in writing—
(a)the size (in hectares); and
(b)the location,
of the area to be used to produce that seed.
(7) For the purposes of Article 14 (quantitative restrictions) of Commission Directive 2008/62, the Scottish Ministers may specify the maximum amount of seed of a Conservation Variety which may be marketed in any given growing season and may specify different maxima for different persons or classes of person.
(8) Where a person proposing to produce seed of a Conservation Variety has supplied the Scottish Ministers with details under paragraph (6), the Scottish Ministers may in writing authorise the person to market seed of a Conservation Variety not exceeding the amount specified in the authorisation and shall give notice of that authorisation to the person.
(9) No person shall market more than the maximum amount of seed of a Conservation Variety specified in an authorisation given to that person under paragraph (8).
(10) Any person marketing seed of a Conservation Variety must supply the Scottish Ministers, on request, with details in writing of the amount and variety of the seed placed on the market during each growing season.