The Oil and Fibre Plant Seed (England) Regulations 2002 (revoked)

Early multiplication U.K.

63.—(1) The requirement contained in paragraph 27(a) (that CS seed be produced directly from officially certified basic seed, or, with the breeder’s written authority, from officially certified pre-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”) was harvested from a crop produced from pre-basic seed to which sub-paragraph (5) or (6) applies or basic seed to which sub-paragraph (7) or (8) applies, and

(b) the variety of the harvested CS seed was not listed at the time when the pre-basic or basic seed referred to in paragraph (a) was sown but was subject to an application for listing at that time which was subsequently granted.

(2) The requirement contained in paragraph 35(a) (that C1 seed be produced directly from officially certified basic seed, or, with the breeder’s written authority, from officially certified pre-basic seed) shall be treated as having been complied with in relation to C1 seed in a case where—

(a) the C1 seed (in this paragraph called “the harvested C1 seed”) was harvested from a crop produced from pre-basic seed to which sub-paragraph (5) applies or basic seed to which sub-paragraph (7) applies, and

(b) the variety of the harvested C1 seed was not listed at the time when the pre-basic or basic seed referred to in paragraph (a) was sown but was subject to an application for listing at that time which was subsequently granted.

(3) The requirement contained in paragraph 43(a) (that C2 seed be produced directly from officially certified basic seed, officially certified C1 seed or, with the breeder’s written authority, from officially certified pre-basic seed) shall be treated as having been complied with in relation to C2 seed in a case where—

(a) the C2 seed (in this paragraph called “the harvested C2 seed”) was harvested from a crop produced from pre-basic seed to which sub-paragraph (5) applies, basic seed to which sub-paragraph (7) applies or C1 seed to which sub-paragraph (9) applies, and

(b) the variety of the harvested C2 seed was not listed at the time when the pre-basic, basic or C1 seed referred to in paragraph (a) was sown but was subject to an application for listing at that time which was subsequently granted.

(4) The requirement contained in paragraph 50(a) (that C3 seed be produced directly from officially certified basic seed, officially certified C1 seed, officially certified C2 seed or, with the breeder’s written authority, from officially certified pre-basic seed) shall be treated as having been complied with in relation to C3 seed in a case where—

(a) the C3 seed (in this paragraph called “the harvested C3 seed”) was harvested from a crop produced from pre-basic seed to which sub-paragraph (5) applies, basic seed to which sub-paragraph (7) applies, C1 seed to which sub-paragraph (9) applies or C2 seed to which sub-paragraph (10) applies, and

(b) the variety of the harvested C3 seed was not listed at the time when the pre-basic, basic, C1 or C2 seed referred to in paragraph (a) was sown but was subject to an application for listing at that time which was subsequently granted.

(5) This sub-paragraph applies to pre-basic seed—

(a) that has been harvested from a crop—

(i) produced in the United Kingdom and found by an official UK field inspection to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced, or

(ii) 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,

(b) that—

(i) was found by an official UK seed test or a UK seed test carried out under official supervision to satisfy the conditions laid down in Part II of Schedule 4 for basic seed, or

(ii) was found by seed testing carried out by or on behalf of the competent seed certification authority or a licensed seed testing station in another member State, to satisfy the Directive seed conditions for basic seed; and

(c) that was of the same variety as the harvested CS, C1, C2 or C3 seed (as the case may be).

(6) This sub-paragraph applies to pre-basic seed of a component used in the production of a hybrid variety—

(a) that complied with the requirements of sub-paragraph (5)(a) and (b), and

(b) that was used as a component in the production of the harvested CS seed.

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

(a) that has been harvested from a crop—

(i) produced in the United Kingdom and found by an official UK field inspection to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii) 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) 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 an official UK seed test or a UK seed test carried out under official supervision to satisfy the conditions laid down in Part II 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 a licensed EC seed testing station 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, C1, C2 or C3 seed (as the case may be).

(8) This sub-paragraph applies to basic seed of a component of a hybrid variety—

(a) that complied with the requirements of sub-paragraph (7)(a) and (b), and

(b) that was a component in the production of the harvested CS seed.

(9) This sub-paragraph applies to C1 seed—

(a) that has been harvested from a crop—

(i) produced in the United Kingdom and found by an official UK field inspection to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which C1 seed is to be produced;

(ii) 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 or a licensed EC field inspector in that State to satisfy the Directive crop conditions for C1 seed; or

(iii) produced in an equivalent third country and found by a field inspection of the crop carried out by the approved seed certification authority or a licensed third country crop inspector in that country to satisfy the Directive crop conditions for C1 seed;

(b) that—

(i) was found by an official UK seed test or a UK seed test carried out under official supervision to satisfy the conditions laid down in Part II of Schedule 4 for C1 seed;

(ii) was found by seed testing carried out by or on behalf of the competent seed certification authority or a licensed EC seed testing station in another member State to satisfy the Directive seed conditions for C1 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 C1 seed; and

(c) that was of the same variety as the harvested C2 or C3 seed.

(10) This sub-paragraph applies to C2 seed—

(a) that has been harvested from a crop—

(i) produced in the United Kingdom and found by an official UK field inspection to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which C2 seed is to be produced, or

(ii) 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 or licensed EC field inspector in that State to satisfy the Directive crop conditions for C2 seed;

(b) that—

(i) was found by an official UK seed test or a UK seed test carried out under official supervision to satisfy the conditions laid down in Part II of Schedule 4 for C2 seed, or

(ii) was found by seed testing carried out by or on behalf of the competent seed certification authority or a licensed EC seed testing station in another member State to satisfy the Directive seed conditions for C2 seed; and

(c) that was of the same variety as the harvested C3 seed.