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4.—(1) Subject to paragraph (2) and (3) below, these Regulations apply to cereal seeds of the kinds set out in Schedule 1 being seeds intended to be used only for the production of agricultural crops.
(2) These Regulations shall not apply to—
(a)seeds which are marketed for delivery elsewhere than in a Member State,
(b)seeds used or to be used for research or experiment,
(c)seeds used or to be used in the course of a process of selection, and
(d)seeds which are marketed with a view to processing, treatment or cleaning, where the identity of the seeds is stated by the person by whom they are marketed.
(3) Where a person (“the first person”) makes an arrangement under which some other person (“the second person”) uses seeds which are under the control of the first person for the purpose of—
(a)increasing the first person’s stock of seeds for sowing, or
(b)carrying out tests or trials thereon, and
under that arrangement the whole of the material produced from the seeds (whether directly or indirectly) and any unused seeds become or remain the property of the first person, these Regulations shall not apply to the marketing of the seeds by the first person to the second person as part of that arrangement or to the marketing by the second person to the first person of seeds produced (whether directly or indirectly) from those seeds.
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