The Oil and Fibre Plant Seed (Wales) Regulations 2004

Regulation 2(5) and 26(16) and Schedule 10

SCHEDULE 1 INTERPRETATION

PART I Meaning of pre-basic seed and similar expressions

Pre-basic seed

1.—(1) In these Regulations, other than in relation to a component used in the production of a hybrid variety, “pre-basic seed” means seed of a generation prior to basic 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 more pre-basic seed, basic seed, or with the breeder’s written authority —

(i) in the case of black mustard, brown mustard, dioecious hemp, sunflower, swede rape, turnip rape or white mustard, CS seed;

(ii) in the case of flax, linseed, monoecious hemp or soya bean, C1 seed;

(iii) in the case of flax, linseed, monoecious hemp or soya bean, C2 seed; or

(iv) in the case of flax, C3 seed.

(2) In these Regulations, in relation to a component of a hybrid variety “pre-basic seed” means seed of a generation prior to basic seed that is intended to be used for the production of —

(a) more pre-basic seed of the component;

(b) basic seed; or

(c) with the breeder’s written authority, CS seed of a hybrid variety.

UK officially certified pre-basic seed of a listed variety

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

(2) This 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 Department of Agriculture and Rural Development, 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 Department of Agriculture and Rural Development and for which a marketing extension is in force.

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

(ii) that satisfies the conditions laid down in Parts II and IV 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 II 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 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 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 paragraph (a)(ii) and (iii); and

(iii) for which a marketing extension is in force; and

(e) pre-basic seed that —

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

(ii) complies with the requirements of 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 Department of Agriculture and Rural Development 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 National Assembly for Wales under regulation 13 to re-grade it as pre-basic seed.

EC officially certified pre-basic seed of a listed variety

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.

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

4.  In these Regulations “overseas tested officially certified pre-basic seed of a listed variety” means pre-basic seed —

(a) that was 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 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 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 paragraph (b).

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

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

(2) This 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 Department of Agriculture and Rural Development, 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 Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This 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 I 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 II and IV 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 II of Schedule 4 for basic seed;

(b) pre-basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;

(c) pre-basic seed of a listed variety that —

(i) that 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 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 paragraph (a)(ii) to (iv); and

(iii) for which a marketing extension is in force,

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, Scottish Ministers or the Department of Agriculture and Rural Development 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 National Assembly for Wales under regulation 13 to re-grade it as early movement pre-basic seed.

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

6.  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.

UK officially certified pre-basic seed of a component used in the production of a listed hybrid variety

7.—(1) In these Regulations “UK officially certified pre-basic seed of a component used in the production of a listed hybrid variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to —

(a) seed of a component used in the production of a listed hybrid variety officially certified as pre-basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b) seed of a component used in the production of a previously listed hybrid variety officially certified as pre-basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force in respect of seed of the hybrid variety.

(3) This paragraph applies to —

(a) pre-basic seed of a component used in the production 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 I of Schedule 4 for a crop from which basic seed is to be produced;

(ii) that satisfies the conditions laid down in Parts II and IV 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 II 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 component used in the production 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) pre-basic seed of a component used in the production of a listed hybrid 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) and (iii);

(d) pre-basic seed of a component used in the production of a previously listed hybrid 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 paragraph (a)(ii) and (iii); and

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

(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 paragraph (a)(ii) and (iii); and

(iii) that is a component used in the production 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 paragraph (2) applies and seed of a component used in the production of a hybrid variety for which an application for official certification has been made to the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a component used in the production of a listed hybrid variety, or seed of a component used in the production of a previously listed hybrid variety for which a marketing extension is in force, in respect of which a successful application has been made to National Assembly for Wales under regulation 13 to re-grade it as pre-basic seed.

EC officially certified pre-basic seed of a component used in the production of a listed hybrid variety

8.  In these Regulations “EC officially certified pre-basic seed of a component used in the production of a listed hybrid variety” means —

(a) pre-basic seed of a component used in the production of a listed hybrid 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 component used in the production of a previously listed hybrid 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 in respect of seed of the hybrid variety.

Overseas tested officially certified pre-basic seed of a component used in the production of a listed hybrid variety

9.  In these Regulations “overseas tested officially certified pre-basic seed of a component used in the production of a listed hybrid variety” means pre-basic seed of a component used in the production of a listed hybrid variety —

(a) that was 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 used in the production 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 paragraph (b).

UK officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety

10.—(1) In these Regulations “UK officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to —

(a) seed of a component used in the production of a listed hybrid variety officially certified as early movement pre-basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b) seed of a component used in the production of a previously listed hybrid variety officially certified as early movement pre-basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force in respect of seed of the hybrid variety.

(3) This paragraph applies to —

(a) pre-basic seed of a component used in the production 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 I of Schedule 4 for a crop from which basic seed is to be produced;

(ii) that, subject to paragraph (iii), satisfies the conditions laid down in Parts II and IV 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 II of Schedule 4 for basic seed;

(b) pre-basic seed of a component used in the production of a previously listed hybrid variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force in respect of seed of the hybrid variety;

(c) pre-basic seed of a component used in the production of a listed hybrid variety —

(i) that 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) to (iv); and

(d) pre-basic seed of a component used in the production of a previously listed hybrid 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 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 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 Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a component used in the production of a listed hybrid variety, or seed of a component used in the production of a previously listed hybrid variety for which a marketing extension is in force, in respect of which a successful application has been made to National Assembly for Wales under regulation 13 to re-grade it as early movement pre-basic seed.

EC officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety

11.  In these Regulations “EC officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety” means —

(a) pre-basic seed of a component used in the production of a listed hybrid 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 component used in the production of a previously listed hybrid 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 in respect of seed of the hybrid variety.

Officially certified pre-basic seed

12.  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) overseas tested officially certified pre-basic seed of a listed variety;

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

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

(f) UK officially certified pre-basic seed of a component used in the production of a listed hybrid variety;

(g) EC officially certified pre-basic seed of a component used in the production of a listed hybrid variety;

(h) overseas tested officially certified pre-basic seed of a component used in the production of a listed hybrid variety;

(i) UK officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety; and

(j) EC officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety.

PART II Meaning of basic seed and similar expressions

Basic seed

13.—(1) In these Regulations, in relation to black mustard, brown mustard, flax, hemp, linseed, soya bean, sunflower, swede rape, turnip rape and white mustard, other than a hybrid, “basic seed” means 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 —

(i) in the case of black mustard, brown mustard, dioecious hemp, sunflower, swede rape, turnip rape and white mustard, CS seed;

(ii) in the case of flax, linseed, monoecious hemp and soya bean, C1 seed;

(iii) in the case of flax, linseed, monoecious hemp and soya bean, C2 seed; or

(iv) in the case of flax, C3 seed.

(2) In these Regulations, in relation to a component of a hybrid variety, or an inbred line that is a component of a hybrid variety, “basic seed” means seed that is intended to be used for the production of CS seed of a hybrid variety.

(3) In these Regulations, in relation to a simple hybrid that is a component of a hybrid variety, “basic seed” means seed that is intended to be used for the production of CS seed of a double or three way cross hybrid variety.

UK officially certified basic seed of a listed variety

14.—(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 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 Department of Agriculture and Rural Development, 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 Department of Agriculture and Rural Development and for which a marketing extension is in force.

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

(ii) that satisfies the conditions laid down in Parts II and IV 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 II 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 paragraph (a)(i) to (iii) and for which a marketing extension is in force;

(c) basic seed of a listed variety that —

(i) 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 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 paragraph (a)(ii) and (iii); and

(iii) for which a marketing extension is in force; and

(e) basic seed that —

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

(ii) complies with the requirements of 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 Department of Agriculture and Rural Development 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 National Assembly for Wales under regulation 13 to re-grade it as basic seed.

EC officially certified basic seed of a listed variety

15.  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.

Third country officially certified basic seed of a listed variety

16.—(1) In these Regulations “third country officially certified basic seed of a listed variety” means seed to which paragraph (2) or (3) applies.

(2) This 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 6 of Part II(B) of the Annex 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 —

(i) in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and

(ii) in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and

(iii) in both cases, the conditions specified in paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision;

(c) that has been packed in packages that have been officially closed and marked in accordance with —

(i) in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and

(ii) in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and

and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 4 of Part II(B) of the Annex 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 Canada or 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 paragraph (ii).

(3) This 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).

Overseas tested officially certified basic seed of a listed variety

17.—(1) A person may market officially certified early movement pre-basic, officially certified early movement basic or officially certified early movement commercial seed before the completion of the official germination test, if the person marketing the seed —.

(a) obtains a provisional analytical report indicating what the percentage of germination of the seed is likely to be;

(b) provides the first buyer, upon or before delivery of the seed, with a written statement that the seed is marketed before the completion of the official germination test together with the result in the provisional analytical report;

(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 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 paragraph (a), and

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

(2) This sub-paragraph applies to basic seed that —

(a) complies with the requirements of paragraph 16(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.

UK officially certified early movement basic seed of a listed variety

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

(2) This 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 Department of Agriculture and Rural Development, 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 Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This 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 I 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 II and IV 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 II of Schedule 4 for basic seed;

(b) basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;

(c) basic seed of a listed variety that —

(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 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 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 Department of Agriculture and Rural Development 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 National Assembly for Wales under regulation 13 to re-grade it as early movement basic seed.

EC officially certified early movement basic seed of a listed variety

19.  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.

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

20.—(1) In these Regulations “UK officially certified basic seed of a component of a listed hybrid variety” means seed to which paragraph (2), (3) or (4) 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 Department of Agriculture and Rural Development, 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 Department of Agriculture and Rural Development and for which a marketing extension is in force in respect of seed of the hybrid variety.

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

(ii) that satisfies the conditions laid down in Parts II and IV 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 II 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 —

(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 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 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 Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a component of a listed hybrid variety, or seed of a component of a previously listed hybrid variety for which a marketing extension is in force, in respect of which a successful application has been made to the National Assembly for Wales under regulation 13 to re-grade it as basic seed.

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

21.  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.

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

22.—(1) In these Regulations “third country 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 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 6 of Part II(B) of the Annex to the Third Country Equivalence Decision; and

(b) that has been officially certified as basic seed by the approved seed certification authority in that country in accordance with —

(i) in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and

(ii) in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and

(iii) in both cases, the conditions specified in paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision;

(c) that has been packed in packages that have been officially closed and marked in accordance with —

(i) in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and

(ii) in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and

and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 4 of Part II(B) of the Annex 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 Canada or 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 paragraph (ii).

(3) This paragraph applies to basic seed —

(a) that is a component 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).

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

23.—(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 paragraph applies to basic seed of a component of a listed hybrid variety —

(a) that was 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 paragraph (b).

(3) This paragraph applies to basic seed of a component of a listed hybrid variety —

(a) that complies with the requirements of paragraph 22(2)(a) to (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.

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

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

(2) This 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 Department of Agriculture and Rural Development, 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 Department of Agriculture and Rural Development and for which a marketing extension is in force in respect of seed of the hybrid variety.

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

(ii) that, subject to paragraph (iii), satisfies the conditions laid down in Parts II and IV 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 II of Schedule 4 for basic seed;

(b) basic seed of a component of a previously listed hybrid variety that complies with the requirements of 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 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 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 Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a component of a listed hybrid variety, or seed of a component of a previously listed hybrid variety for which a marketing extension is in force, in respect of which a successful application has been made to the National Assembly for Wales under regulation 13 to re-grade it as early movement basic seed.

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

25.  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.

Officially certified basic seed

26.  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.

PART III Meaning of CS, C1, C2 and C3 seed and similar expressions

CS seed

27.  In these Regulations in relation to black mustard, brown mustard, dioecious hemp, sunflower, swede rape, turnip rape and white mustard, including hybrids, “CS seed” means seed that —

(a) has been produced directly from officially certified basic seed or, with the breeder’s written authority, from officially certified pre-basic seed, and

(b) is intended for purposes other than the production of oil and fibre plant seed.

UK officially certified CS seed of a listed variety

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

(2) This 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 Department of Agriculture and Rural Development, 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 and Rural Development 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 I of Schedule 4 for a crop from which CS seed is to be produced;

(ii) that satisfies the conditions laid down in Parts II, III and IV 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 II of Schedule 4 for CS seed;

(b) CS seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;

(c) CS seed of a listed variety that —

(i) 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 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 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 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;

(f) CS seed of a listed variety that —

(i) has been imported into the United Kingdom as not finally certified CS seed harvested in an equivalent third country, and

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

(iv) for which a marketing extension is in force,

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 Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or 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 National Assembly for Wales under regulation 13 to re-grade it as CS seed.

EC officially certified CS seed of a listed variety

29.  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.

Third country officially certified CS seed of a listed variety

30.—(1) In these Regulations “third country officially certified CS seed of a listed variety” means seed to which paragraph (2) or (3) applies.

(2) This 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;

(ii) from basic seed that was produced in accordance with the provisions of paragraph 7 of Part II(B) of the Annex 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 —

(i) in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and

(ii) in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and

(iii) in both cases, the conditions specified in paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision;

(c) that has been packed in packages that have been officially closed and marked in accordance with —

(i) in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and

(ii) in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and

and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 4 of Part II(B) of the Annex 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 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 Canada or 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 paragraph (ii).

(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).

Overseas tested officially certified CS seed of a listed variety

31.—(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 paragraph applies to CS seed —

(a) that was 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 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 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 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 paragraph (b).

(3) This 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 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) a Part 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 paragraph (a) stating that the crop has been found to satisfy the relevant crop conditions for CS seed, and

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

(4) This paragraph applies to CS seed that —

(a) complies with the requirements of paragraph 30(2)(a) to (d) and

(i) that was 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.

UK officially certified early movement CS seed of a listed variety

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

(2) This 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 Department of Agriculture and Rural Development, 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 Department of Agriculture and Rural Development 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 I 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 II, III and IV 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 II of Schedule 4 for CS seed;

(b) CS seed of a previously listed variety that complies with the requirements of 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 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 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) complies with the requirements of 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 paragraph (a)(ii) to (iv); and

(iv) for which a marketing extension is in force,

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 Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or 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 National Assembly for Wales under regulation 13 to re-grade it as early movement CS seed.

EC officially certified early movement CS seed of a listed variety

33.  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.

Officially certified CS seed

34.  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.

C1 seed

35.  In these Regulations, in relation to flax, linseed, monoecious hemp and soya bean, “C1 seed” means seed that —

(a) has been produced directly from officially certified basic seed or, with the breeder’s written authority, from officially certified pre-basic seed, and

(b) is intended —

(i) for production of C2 seed;

(ii) in the case of flax, for the production of C3 seed; or

(iii) for purposes other than the production of oil and fibre plant seed.

UK officially certified C1 seed of a listed variety

36.—(1) In these Regulations “UK officially certified C1 seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to —

(a) seed of a listed variety officially certified as C1 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b) seed of a previously listed variety officially certified as C1 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to —

(a) C1 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 I of Schedule 4 for a crop from which C1 seed is to be produced;

(ii) that satisfies the conditions laid down in Parts II and IV of Schedule 4 for C1 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 II of Schedule 4 for C1 seed;

(b) C1 seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;

(c) C1 seed of a listed variety that —

(i) has been imported into the United Kingdom as not finally certified C1 seed harvested in another member State, and

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

(d) C1 seed of a previously listed variety —

(i) that has been imported into the United Kingdom as not finally certified C1 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;

(e) C1 seed —

(i) that has been imported into the United Kingdom as not finally certified C1 seed harvested in another member State or an equivalent third country;

(ii) that complies with the requirements of 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;

(f) C1 seed of a listed variety that —

(i) has been imported into the United Kingdom as not finally certified C1 seed harvested in an equivalent third country, and

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

(g) C1 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 C1 seed harvested in an equivalent third country;

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

(iv) for which a marketing extension is in force,

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 Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or 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 National Assembly for Wales under regulation 13 to re-grade it as C1 seed.

EC officially certified C1 seed of a listed variety

37.  In these Regulations “EC officially certified C1 seed of a listed variety” means —

(a) C1 seed of a listed variety officially certified as C1 seed by the competent seed certification authority in another member State, and

(b) C1 seed of a previously listed variety officially certified as C1 seed by the competent seed certification authority in another member State and for which a marketing extension is in force.

Third country officially certified C1 seed of a listed variety

38.—(1) In these Regulations “third country officially certified C1 seed of a listed variety” means C1 seed to which paragraph (2) or (3) applies.

(2) This paragraph applies to C1 seed of a listed variety —

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

(i) in an equivalent third country,

(ii) from a preceding generation of seed that was produced in accordance with the provisions of paragraph 7 of Part II(B) of the Annex to the Third Country Equivalence Decision;

(b) that has been officially certified as C1 seed by the approved seed certification authority in that country in accordance with —

(i) in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and

(ii) in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and

(iii) in both cases, the conditions specified in paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision;

(c) that has been packed in packages that have been officially closed and marked in accordance with —

(i) in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and

(ii) in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and

and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 4 of Part II(B) of the Annex 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 C1 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 C1 seed other than those relating to varietal identity and varietal purity; or

(iii) in a case where the seed has been certified in Canada or 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 paragraph (ii).

(3) This paragraph applies to C1 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).

Overseas tested officially certified C1 seed of a listed variety

39.—(1) In these Regulations “overseas tested officially certified C1 seed of a listed variety” means C1 seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to C1 seed —

(a) that was 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 has been found to satisfy the relevant Directive crop conditions for C1 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 C1 seed;

(c) that has been imported into the United Kingdom as C1 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 paragraph (a), and

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

(3) This paragraph applies to C1 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 C1 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 C1 seed;

(c) that has been imported into the United Kingdom as C1 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) a Part 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 paragraph (a) stating that the crop has been found to satisfy the relevant crop conditions for C1 seed, and

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

(4) This paragraph applies to C1 seed that —

(a) complies with the requirements of paragraph 38(2)(a) to (d), and

(b) that was been imported into the United Kingdom as C1 seed of a variety that was unlisted at the time when the seed was imported but has since been listed.

UK officially certified early movement C1 seed of a listed variety

40.—(1) In these Regulations “UK officially certified early movement C1 seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to —

(a) seed of a listed variety officially certified as early movement C1 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b) seed of a previously listed variety officially certified as early movement C1 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to —

(a) C1 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 I of Schedule 4 for a crop from which C1 seed is to be produced;

(ii) that, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II and IV of Schedule 4 for C1 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 C1 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 II of Schedule 4 for C1 seed;

(b) C1 seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;

(c) C1 seed of a listed variety —

(i) that has been imported into the United Kingdom as not finally certified C1 seed harvested in another member State, and

(ii) complies with the requirements of paragraph (a)(ii) to (iv);

(d) C1 seed of a previously listed variety —

(i) that has been imported into the United Kingdom as not finally certified C1 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;

(e) C1 seed of a listed variety —

(i) that has been imported into the United Kingdom as not finally certified C1 seed harvested in an equivalent third country, and

(ii) complies with the requirements of paragraph (a)(ii) to (iv);

(f) C1 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 C1 seed harvested in an equivalent third country;

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

(iv) for which a marketing extension is in force,

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 Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or 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 National Assembly for Wales under regulation 13 to re-grade it as early movement C1 seed.

EC officially certified early movement C1 seed of a listed variety

41.  In these Regulations “EC officially certified early movement C1 seed of a listed variety” means —

(a) C1 seed of a listed variety officially certified as early movement C1 seed by the competent seed certification authority in another member State, and

(b) C1 seed of a previously listed variety officially certified as early movement C1 seed by the competent seed certification authority in another member State and for which a marketing extension is in force.

Officially certified C1 seed

42.  In these Regulations “officially certified C1 seed” means —

(a) UK officially certified C1 seed of a listed variety;

(b) EC officially certified C1 seed of a listed variety;

(c) third country officially certified C1 seed of a listed variety;

(d) overseas tested officially certified C1 seed of a listed variety;

(e) UK officially certified early movement C1 seed of a listed variety; and

(f) EC officially certified early movement C1 seed of a listed variety.

C2 seed

43.  In these Regulations, in relation to flax, linseed, monoecious hemp and soya bean, “C2 seed” means seed —

(a) that has been produced directly from —

(i) officially certified basic seed;

(ii) officially certified C1 seed; or

(iii) with the breeder’s written authority, from officially certified pre-basic seed, and

(b) that is intended —

(i) in the case of flax, for the production of C3 seed, or

(ii) for purposes other than the production of oil and fibre plant seed.

UK officially certified C2 seed of a listed variety

44.—(1) In these Regulations “UK officially certified C2 seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to —

(a) seed of a listed variety officially certified as C2 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b) seed of a previously listed variety officially certified as C2 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to —

(a) C2 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 I of Schedule 4 for a crop from which C2 seed is to be produced;

(ii) that satisfies the conditions laid down in Parts II and IV of Schedule 4 for C2 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 II of Schedule 4 for C2 seed;

(b) C2 seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;

(c) C2 seed of a listed variety that —

(i) has been imported into the United Kingdom as not finally certified C2 seed harvested in another member State, and

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

(d) C2 seed of a previously listed variety —

(i) that has been imported into the United Kingdom as not finally certified C2 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; and

(e) C2 seed —

(i) that has been imported into the United Kingdom as not finally certified C2 seed harvested in another member State;

(ii) that complies with the requirements of 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 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 Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or 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 National Assembly for Wales under regulation 13 to re-grade it as C2 seed.

EC officially certified C2 seed of a listed variety

45.  In these Regulations “EC officially certified C2 seed of a listed variety” means —

(a) C2 seed of a listed variety officially certified as C2 seed by the competent seed certification authority in another member State, and

(b) C2 seed of a previously listed variety officially certified as C2 seed by the competent seed certification authority in another member State and for which a marketing extension is in force.Overseas tested officially certified C2 seed of a listed variety

46.  In these Regulations “overseas tested officially certified C2 seed of a listed variety” means C2 seed —

(a) that was 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 has been found to satisfy the relevant Directive crop conditions for C2 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 C2 seed;

(c) that was imported into the United Kingdom as C2 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 paragraph (a), and

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

UK officially certified early movement C2 seed of a listed variety

47.—(1) In these Regulations “UK officially certified early movement C2 seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to —

(a) seed of a listed variety officially certified as early movement C2 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b) seed of a previously listed variety officially certified as early movement C2 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to —

(a) C2 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 I of Schedule 4 for a crop from which C2 seed is to be produced;

(ii) that, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II and IV of Schedule 4 for C2 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 C2 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 II of Schedule 4 for C2 seed;

(b) C2 seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;

(c) C2 seed of a listed variety —

(i) that has been imported into the United Kingdom as not finally certified C2 seed harvested in another member State, and

(ii) complies with the requirements of paragraph (a)(ii) to (iv); and

(d) C2 seed of a previously listed variety —

(i) that has been imported into the United Kingdom as not finally certified C2 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 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 Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or 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 National Assembly for Wales under regulation 13 to re-grade it as early movement C2 seed.

EC officially certified early movement C2 seed of a listed variety

48.  In these Regulations “EC officially certified early movement C2 seed of a listed variety” means —

(a) C2 seed of a listed variety officially certified as early movement C2 seed by the competent seed certification authority in another member State, and

(b) C2 seed of a previously listed variety officially certified as early movement C2 seed by the competent seed certification authority in another member State and for which a marketing extension is in force.

Officially certified C2 seed

49.  In these Regulations “officially certified C2 seed” means —

(a) UK officially certified C2 seed of a listed variety;

(b) EC officially certified C2 seed of a listed variety;

(c) overseas tested officially certified C2 seed of a listed variety;

(d) UK officially certified early movement C2 seed of a listed variety; and

(e) EC officially certified early movement C2 seed of a listed variety.

C3 seed

50.  In these Regulations, in relation to flax, “C3 seed” means seed —

(a) that has been produced directly from —

(i) officially certified basic seed;

(ii) officially certified C1 seed;

(iii) officially certified C2 seed; or

(iv) with the breeder’s written authority, from officially certified pre-basic seed, and

(b) that is intended for purposes other than the production of oil and fibre plant seed.

UK officially certified C3 seed of a listed variety

51.—(1) In these Regulations “UK officially certified C3 seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to —

(a) seed of a listed variety officially certified as C3 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b) seed of a previously listed variety officially certified as C3 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to —

(a) C3 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 I of Schedule 4 for a crop from which C3 seed is to be produced;

(ii) that satisfies the conditions laid down in Parts II and IV of Schedule 4 for C3 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 II of Schedule 4 for C3 seed;

(b) C3 seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;

(c) C3 seed of a listed variety that —

(i) has been imported into the United Kingdom as not finally certified C3 seed harvested in another member State, and

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

(d) C3 seed of a previously listed variety —

(i) that has been imported into the United Kingdom as not finally certified C3 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; and

(e) C3 seed —

(i) that has been imported into the United Kingdom as not finally certified C3 seed harvested in another member State;

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

(iii) 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 Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or 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 National Assembly for Wales under regulation 13 to re-grade it as C3 seed.

EC officially certified C3 seed of a listed variety

52.  In these Regulations “EC officially certified C3 seed of a listed variety” means —

(a) C3 seed of a listed variety officially certified as C3 seed by the competent seed certification authority in another member State, and

(b) C3 seed of a previously listed variety officially certified as C3 seed by the competent seed certification authority in another member State and for which a marketing extension is in force.

Overseas tested officially certified C3 seed of a listed variety

53.  In these Regulations “overseas tested officially certified C3 seed of a listed variety” means C3 seed —

(a) that was 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 has been found to satisfy the relevant Directive crop conditions for C3 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 C3 seed;

(c) that was imported into the United Kingdom as C3 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 paragraph (a), and

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

UK officially certified early movement C3 seed of a listed variety

54.—(1) In these Regulations “UK officially certified early movement C3 seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to —

(a) seed of a listed variety officially certified as early movement C3 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b) seed of a previously listed variety officially certified as early movement C3 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to —

(a) C3 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 I of Schedule 4 for a crop from which C3 seed is to be produced;

(ii) that, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II and IV of Schedule 4 for C3 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 C3 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 II of Schedule 4 for C3 seed;

(b) C3 seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;

(c) C3 seed of a listed variety —

(i) that has been imported into the United Kingdom as not finally certified C3 seed harvested in another member State, and

(ii) complies with the requirements of paragraph (a)(ii) to (iv); and

(d) C3 seed of a previously listed variety —

(i) that has been imported into the United Kingdom as not finally certified C3 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 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 Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or 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 National Assembly for Wales under regulation 13 to re-grade it as early movement C3 seed.

EC officially certified early movement C3 seed of a listed variety

55.  In these Regulations “EC officially certified early movement C3 seed of a listed variety” means —

(a) C3 seed of a listed variety officially certified as early movement C3 seed by the competent seed certification authority in another member State, and

(b) C3 seed of a previously listed variety officially certified as early movement C3 seed by the competent seed certification authority in another member State and for which a marketing extension is in force.

Officially certified C3 seed

56.  In these Regulations “officially certified C3 seed” means —

(a) UK officially certified C3 seed of a listed variety;

(b) EC officially certified C3 seed of a listed variety;

(c) overseas tested officially certified C3 seed of a listed variety;

(d) UK officially certified early movement C3 seed of a listed variety; and

(e) EC officially certified early movement C3 seed of a listed variety.

PART IV

Meaning of commercial seed and similar expressions

Commercial seed

57.  In these Regulations “commercial seed” means black mustard seed that is identifiable as to its species.

UK officially certified commercial seed

58.—(1) In these Regulations “UK officially certified commercial seed” means seed to which paragraph (2) or (3) applies.

(2) This paragraph applies to seed officially certified as commercial seed by or on behalf of the Secretary of State, the Scottish Ministers, or the Department of Agriculture and Rural Development.

(3) This paragraph applies to commercial seed —

(a) that satisfies the conditions laid down in Parts II and IV of Schedule 4 for commercial seed, and

(b) 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 II of Schedule 4 for commercial seed,

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 Department of Agriculture and Rural Development that has not been finally determined.

EC officially certified commercial seed

59.  In these Regulations “EC officially certified commercial seed” means commercial seed officially certified as commercial seed by the competent seed certification authority in another member State.

UK officially certified early movement commercial seed

60.—(1) In these Regulations “UK officially certified early movement commercial seed” means seed to which paragraph (2) or (3) applies.

(2) This paragraph applies to seed officially certified as early movement commercial seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development.

(3) This paragraph applies to commercial seed —

(a) that, subject to paragraph (b), satisfies the conditions laid down in Parts II and IV of Schedule 4 for commercial seed;

(b) for which the results of a Schedule 4 germination test are awaited to determine whether the seed will satisfy the applicable germination standard for commercial seed but for which a provisional analytical report has been obtained indicating that the seed is likely to meet that standard; and

(c) 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 II of Schedule 4 for commercial seed except for the germination condition and stating that the results of the Schedule 4 germination test are awaited,

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 Department of Agriculture and Rural Development that has not been finally determined.

EC officially certified early movement commercial seed

61.  In these Regulations “EC officially certified early movement commercial seed” means commercial seed officially certified as early movement commercial seed by the competent seed certification authority in another member State.

Officially certified commercial seed

62.  In these Regulations “officially certified commercial seed” means —

(a) UK officially certified commercial seed;

(b) EC officially certified commercial seed;

(c) UK officially certified early movement commercial seed; and

(d) EC officially certified early movement commercial seed.

Early multiplication

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 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 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 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 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 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 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.

PART V Meaning of expressions relating to imported not finally certified seed

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

64.—(1) In these Regulations “not finally certified pre-basic seed harvested in another member State” means pre-basic seed —

(a) to which 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 Oil and Fibre Plant 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 V(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 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;

(c) a previously listed variety for which a marketing extension is in force;

(d) a component used in the production of a listed hybrid variety;

(e) a component used in the production 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 used in the production of a previously listed hybrid 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 seed and the member State or their commonly used initials;

(b) the species of the seed, indicated at least in Roman characters under its botanical name, which may be given in abridged form and without the author’s name;

(c) the variety of the seed, indicated at least in Roman characters in all cases, and, in the case of a component intended to be used solely as a component in the production of a hybrid variety, followed by the word “component”;

(d) the category of the seed;

(e) in the case of a hybrid variety, the word “hybrid”;

(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”.

Not finally certified basic seed harvested in another member State

65.—(1) In these Regulations “not finally certified basic seed harvested in another member State” means basic seed —

(a) to which 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 Oil and Fibre Plant 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 V(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 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 64(3).

Not finally certified CS seed harvested in another member State

66.—(1) In these Regulations “not finally certified CS seed harvested in another member State” means CS seed —

(a) to which 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 certified 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 Oil and Fibre Plant 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 V(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 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; and

(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 64(3).

Not finally certified C1 seed harvested in another member State

67.—(1) In these Regulations “not finally certified C1 seed harvested in another member State” means C1 seed —

(a) to which 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

(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 C1 seed;

(c) that has been packed in a sealed package in accordance with the requirements of Article 11(1) of the Oil and Fibre Plant 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 V(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 paragraph applies to C1 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; and

(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 64(3).

Not finally certified C2 seed harvested in another member State

68.—(1) In these Regulations “not finally certified C2 seed harvested in another member State” means C2 seed —

(a) to which 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 or C1 seed, 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 C2 seed;

(c) that has been packed in a sealed package in accordance with the requirements of Article 11(1) of the Oil and Fibre Plant 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 V(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 paragraph applies to C2 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; and

(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 64(3).

Not finally certified C3 seed harvested in another member State

69.—(1) In these Regulations “not finally certified C3 seed harvested in another member State” means C3 seed —

(a) to which 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 or C1 seed, 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 C3 seed;

(c) that has been packed in a sealed package in accordance with the requirements of Article 11(1) of the Oil and Fibre Plant 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 V(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 paragraph applies to C3 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; and

(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 64(3).

Not finally certified CS seed harvested in an equivalent third country

70.—(1) In these Regulations “not finally certified CS seed harvested in an equivalent third country” means CS seed —

(a) to which paragraph (2) applies;

(b) that has been harvested from a crop —

(i) that has been produced in an equivalent third country 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 certified 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 II.A of the Annex 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 II.A of the Annex 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 a Part 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 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.

Not finally certified C1 seed harvested in an equivalent third country

71.—(1) In these Regulations “not finally certified C1 seed harvested in an equivalent third country” means C1 seed —

(a) to which paragraph (2) applies;

(b) that has been harvested from a crop —

(i) that has been produced in an equivalent third country directly from officially certified basic seed, 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 II.A of the Annex to the Third Country Equivalence Decision, to satisfy the Directive crop conditions for C1 seed;

(c) that has been packed in a sealed package and labelled in accordance with the requirements specified in paragraph 2 of Part II.A of the Annex 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 a Part 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 paragraph applies to C1 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.

Regulation 5(1)

SCHEDULE 2 SPECIES OF SEED TO WHICH THESE REGULATIONS APPLY

1.  Black mustard.

2.  Brown mustard.

3.  Flax.

4.  Hemp

5.  Linseed.

6.  Soya bean.

7.  Sunflower.

8.  Swede rape including fodder rape and oilseed rape.

9.  Turnip rape.

10.  White mustard.

Regulations 8(8)(a) and (b), (10) to (13), (15)(c), 10(3)(a) and (b) and (4)(a), (b), (c) and (d) and (15)(a) and (b), 13(5)(e), 14(1)(b), paragraphs 2(3)(a), 5(3)(a), 7(3)(a), 10(3)(a), 14(3)(a), 18(3)(a), 20(3)(a), 24(3)(a), 28(3)(a), 32(3)(a), 36(3)(a), 40(3)(a), 44(3)(a), 47(3)(a), 51(3)(a), 54(3)(a) and 63(7)(a), (9)(a) and (10)(a) of Schedule 1 and paragraph 4 of Schedule 4

SCHEDULE 3 CONDITIONS RELATING TO CROPS FROM WHICH SEED IS TO BE HARVESTED

1.—(1) The previous cropping of the field shall not have been incompatible with the production of seeds of the species and variety of the crop and the field shall be sufficiently free from plants which are volunteers from previous cropping.

(2) In the case of a hybrid of swede rape the crop shall be raised in a production ground where five years have elapsed since plants of cruciferae were last grown.

2.  Subject to paragraph 3, the crop shall conform to the following standards as regards the minimum distances from neighbouring sources of pollen which may result in undesirable foreign pollination —

Crop	Minimum distance
1	2
(a) Black mustard, brown mustard, diocecious hemp, swede rape, turnip rape and white mustard except hybrids of swede rape —
(i) for the production of basic seed	400 metres
(ii) for the production of CS seed	200 metres
(b) Hybrids of swede rape —
(i) for the production of basic seed	500 metres
(ii) for the production of CS seed	300 metres
(c) Sunflower —
(i) for the production of basic seed of hybrids	1,500 metres
(ii) for the production of basic seed of varieties other than hybrids	750 metres
(iii) for the production of CS seed (hybrids and non-hybrids)	500 metres
(d) Monoecious hemp
(i) for the production of basic seed	5,000 metres
(ii) for the production of CS seed	1,000 metres

3.  Paragraph 2 shall not apply if there is sufficient protection from any undesirable foreign pollination.

4.  Subject to paragraphs 5 and 6, the crop shall have sufficient varietal identity and varietal purity.

5.  In the case of an inbred line the crop shall have sufficient identity and purity as regards its characteristics.

6.  For the production of seed of a hybrid variety the requirement for sufficient identity and purity shall also apply to the characteristics of the components including male sterility or fertility restoration.

7.  In the case of black and brown mustard and dioecious hemp, the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed —

(a) one per 30 square metres for the production of basic seed, and

(b) one per 10 square metres for the production of CS seed.

8.  In the case of monoecious hemp, the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed

(a) one per 30 square metres for the production of basic seed; and

(b) one per 10 square metres for the production of C1 and C2 seed.

9.  In the case of a hybrid of sunflower, the percentage by number of plants which are recognisable as obviously not being true to the inbred line or the component shall not exceed —

(a) for the production of basic seed —

(i) in the case of an inbred line; 0.2%;

(ii) in the case of a male parent of a simple hybrid which has shed pollen while 2% or more of the female plants have receptive flowers; 0.2%; and

(iii) in the case of a female parent; 0.5%;

(b) for the production of CS seed —

(i) in the case of a male component which has shed pollen while 5% or more of the female plants have receptive flowers; 0.5%; and

(ii) in the case of a female component; 1%;

10.  In the case of the production of seed of a hybrid variety of sunflower —

(a) sufficient pollen shall be shed by the plants of the male component while the plants of the female component are in flower;

(b) where the female component plants have receptive stigmas, the percentage by number of female component plants which have shed pollen or are shedding pollen shall not exceed 0.5%;

(c) for the production of basic seed, the total percentage by number of plants of the female component which are recognisable as obviously not being true to the component and which have shed pollen or are shedding pollen shall not exceed 0.5%; and

(d) where a female male-sterile component and a male component which contains a specific restorer line or lines which restore male fertility has been used for the production of CS seed, at least one third of the plants grown from CS seed of the resulting hybrid shall produce pollen which appears normal in all respects.

11.  In the case of the production of a hybrid variety of swede rape produced using the male sterility the percentage by number of plants which are recognisable as obviously not being true to the inbred line or the component shall not exceed —

(a) for the production of basic seed —

(i) in the case of an inbred line; 0.1%;

(ii) in the case of a male component of a simple hybrid; 0.1% and

(iii) in the case of a female component of a simple hybrid; 0.2% and

(b) for the production of CS seed

(i) in the case of a male component; 0.3% and

(ii) in the case of a female component; 1.0%.

12.  In a case where a male-sterile component is used for the production of seed of a hybrid variety of swede rape male sterility shall be at least 99% for the production of basic seed and at least 98% for the production of CS seed. The level of male sterility shall be assessed by examining flowers for the absence of fertile anthers.

13.  Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level including, in the case of soya bean, Pseudomonas syringae pv. glycinea, Diaporthe phaseolorum var. caulivora and var. sojae, Phialophora gregata and Phytophthora megasperma f.s.p. glycinea.

14.—(1) A crop from which basic seed is to be produced shall be examined by an official field inspection to determine whether the crop meets the conditions set out in this Schedule and in Part I of Schedule 4.

(2) A crop from which CS, C1, C2 or C3 seed is to be produced shall be examined by means of an official field inspection or an inspection carried out under official supervision to determine whether the crop meets the conditions set out in this Schedule and in Part I of Schedule 4.

(3) Field inspections shall be carried out at a time when the condition and stage of development of the crop permit an adequate examination.

(4) Subject to sub-paragraphs (5) and (6), at least one field inspection of the crop shall be carried out.

(5) At least two field inspections shall be carried out in the case of a hybrid of sunflower.

(6) At least three field inspections shall be carried out in the case of a hybrid of swede rape and shall be carried out as follows —

(a) the first inspection shall be carried out before the flowering stage;

(b) the second inspection shall be carried out at the early flowering stage; and

(c) the third inspection shall be carried out at the end of the flowering stage.

15.  For the purpose of determining whether a crop from which pre-basic seed is to be produced meets the conditions laid down in this Schedule, 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.

Regulations 2(1), 8(8)(a) and (b), (10) to (13), (15)(c), 10(3)(a) and (b) and (4)(a), (b), (c) and (d), 11(6), (8)(a), (10) to (13), (15)(a) and (b), 13(3) and (5)(e), (f) and (g), 14(1)(b) and (c), paragraphs 2(3)(a), 5(3)(a), 7(3)(a), 10(3)(a), 14(3)(a), 18(3)(a), 20(3)(a), 24(3)(a), 28(3)(a), 32(3)(a), 36(3)(a), 40(3)(a), 44(3)(a), 47(3)(a), 51(3)(a), 54(3)(a), 58(3)(a) and (b), 60(3)(a) and (c), 63(5)(a) and (b), (7)(a) and (b), (9)(a) and (b) and (10)(a) and (b) of Schedule 1

SCHEDULE 4 CONDITIONS TO BE SATISFIED BY THE SEED

PART I Conditions to be examined mainly by field inspections

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

2.  In the case of seed of a hybrid variety of swede rape, the requirement for sufficient identity and purity shall also apply to the varietal characteristics of its components including restoration of male sterility or fertility (as the case may be)

3.  In the case of seed of the species and type specified in column 1 of the table below, the minimum varietal purity shall conform to the standards specified in the corresponding entry in column 2 of the table —

Species and category	Minimum varietal purity(percentage)
Column (1)	Column (2)
(a) Flax —
(i) basic seed	99.7
(ii) C1 seed	98.0
(iii) C2 seed	97.5
(iv) C3 seed	97.5
(b) Linseed —
(i) basic seed	99.7
(ii) C1 seed	98.0
(iii) C2 seed	97.5
(c) Soya bean —
(i) basic seed	99.5
(ii) C1 seed	99.0
(iii) C2 seed	99.0
(d) Sunflower except hybrid varieties and components of hybrid varieties —
(i) basic seed	99.7
(ii) CS seed	99.0
(e) Swede rape and turnip rape except hybrid varieties, components of hybrid varieties and varieties to be used solely for fodder purposes —
(i) basic seed	99.9
(ii) CS seed	99.7
(f) Swede rape and turnip rape varieties to be used solely for fodder purposes except hybrid varieties and components of hybrid varieties —
(i) basic seed	99.7
(ii) CS seed	99.0
(g) Components of hybrid varieties of swede rape and hybrid varieties produced using male sterility —
(i) basic seed, female component	99.0
(ii) basic seed, male component	99.9
(iii) CS seed	90.0

4.  For the purposes of paragraph 3, the minimum varietal purity of seed shall be examined mainly in field inspections carried out in accordance with the conditions laid down in paragraph 12 of Schedule 3.

5.  Where a female male-sterile component and a male component which does not restore male fertility are used for the production of CS seed of a hybrid variety of sunflower, the seed produced by the female male sterile component shall be blended with seed produced by the male component. The ratio of seed produced by the female male sterile component to seed produced by the male fertile component shall not exceed two to one.

PART II Conditions to be examined by seed testing

6.  In the case of basic seed of a component of a hybrid variety of swede rape, the varietal purity of that seed may be assessed by a biochemical method where the official post-control of samples of the basic seed has not been carried out in accordance with paragraph 10.

7.—(1) Subject to paragraph (2), the seed shall conform to the following standards or other conditions as regards analytical purity and content of seeds of other plant species —

Species and Category	Minimum Analytical purity (% by weight)	Maximum content of seed of other plant species (percentage by weight)	Maximum content by number of seeds of other plant species in a sample of the weight specified in column 4 of the table in Schedule 7
			All other plant species (including seeds of the species specified in columns 5 to 10)	Wild oat (Avena fatua, Avena sterilis and Avena ludoviciana)	Dodder (Cuscuta spp.)	Wild Radish Raphanus raphanistrum	Docks (Rum ex spp. other than R. acetosella)	Blackgrass (Alopecurus myosuroides)	Lolium remotum
* Hemp seed shall be free from Orobonche spp. However the presence of one seed of Orobonche spp. in a sample of 100 grams shall not be regarded as an impurity where a second sample of 200 grams is free from any such seeds.
1	2	3	4	5	6	7	8	9	10
Black mustard, brown mustard, white mustard, swede rape and turnip rape—
(a) basic seed	98	0.3	Not applicable	0	0	10	2	Not applicable	Not applicable
(b) CS seed	98	0.3	Not applicable	0	0	10	5	Not applicable	Not applicable
Flax-basic, C1, C2 and C3 seed	99	Not applicable	15	0	0	Not applicable	Not applicable	4	2
Hemp-basic, CS, C1 and C2 seed *	98	Not applicable	30	0	0	Not applicable	Not applicable	Not applicable	Not applicable
Linseed-basic, C1 and C2 seed	99	Not applicable	15	0	0	Not applicable	Not applicable	4	2
Soya bean-basic, C1 and C2 seed	98	Not	5	0	0	Not applicable	Not applicable	Not applicable	Not applicable
Sunflower-basic and CS seed	98	Not applicable	5	0	0	Not applicable	Not applicable	Not applicable	Not applicable

(2) The presence of one seed of dodder (Cuscuta spp.) in a sample of —

(a) brown mustard;

(b) black mustard;

(c) flax;

(d) linseed;

(e) swede rape;

(f) turnip rape; or

(g) white mustard;

shall not be regarded as an impurity where a second sample of the same weight is free from any seeds of dodder.

8.  It shall be determined, by way of a germination test, whether the seed attains the applicable percentage of germination set out in column 2 of the table below —

Species and category	Minimum germination(% of pure seed)
Column 1	Column 2
Basic, C1, C2 and C3 seed of flax	92
Basic CS, CI and C2 seed of hemp	75
Basic, C1 and C2 seed of linseed	85
Basic and CS seed of black mustard, brown mustard, swede rape and turnip rape	85
Basic and CS seed of white mustard	85
Basic, C1 and C2 seed of soya bean	80
Basic and CS seed of sunflower	85

9.—(1) Subject to paragraph (2), in any sample of seed of the species specified in column 1 of the following table harmful organisms of the type specified in columns 2, 3 and 4 of the table shall not exceed the number specified in the relevant corresponding entry of the table —

Species	Harmful organisms
	Maximum percentage by number of seeds contaminated by harmful organisms (total per column)
	Botrytis	Alternaria spp., Ascochyta linicola (syn. Phoma linicola), Collectotrichum lini, Fusarium spp.	Sclerotinia sclerotiorum (maximum number of sclerotia or fragments of sclerotia in a sample of the weight specified in column 4 of the table in Schedule 7)
Column (1)	Column (2)	Column (3)	Column (4)
Flax	5	5	Not applicable
Hemp	5	Not applicable	Not applicable
Linseed	5	5	Not applicable
Sunflower	5	Not applicable	10
Swede rape	Not applicable	Not applicable	10
Turnip rape	Not applicable	Not applicable	5
White mustard	Not applicable	Not applicable	5

(2) In the case of flax, the maximum percentage by number of seeds contaminated by Ascochyta linicola (syn Phoma linicola) shall not exceed 1%.

(3) In the case of seed of soya bean —

(a) the maximum number of sub-samples within a sample of 5,000 seeds minimum per lot sub-divided into 5 sub-samples which have been found to be contaminated by Pseudomonas syringae pv. glycinea shall not exceed 4;

(b) the maximum number of seeds contaminated by Diaporthe phaseolorum shall not exceed 15%; and

(c) the percentage by weight of inert matter shall not exceed 0.3%.

PART III Conditions to be examined by inspections of control plots

10.  Subject to paragraph 6, seed of a hybrid variety of swede rape shall not be certified as CS seed unless due account has been taken of the results of official post-control tests on samples of basic seed and carried out during the growing season of the seed entered for certification as CS seed to ascertain whether the basic seed has met the requirements for basic seed laid down in these Regulations in respect of identity and purity as regards the characteristics of the components, including male sterility.

PART IV Other conditions

11.  Subject to paragraph 9, harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level that can be achieved.

PART V General provisions

12.  For the purpose of determining whether seed meets the conditions laid down in this Schedule —

(a) pre-basic seed shall be treated in the same way as basic seed, and

(b) the provisions of Part II shall apply, insofar as they may be relevant, to commercial seed in the same way as they apply to CS seed.

Regulation 13(1)

SCHEDULE 5 RE-GRADING OF SEED

Column (1)	Column (2)
1.—(a) UK, EC or overseas tested officially certified pre-basic seed of a listed variety	(a) UK officially certified pre-basic seed of a listed variety
(b) UK, EC, third country or overseas tested officially certified basic seed of a listed variety	(b) UK officially certified basic seed of a listed variety
(c) in the case of black mustard, brown mustard, dioecious hemp, sunflower, swede rape, turnip rape and white mustard, UK, EC, third country or overseas tested officially certified CS seed of a listed variety	(c) in the case of black mustard, brown mustard, dioecious hemp, sunflower, swede rape, turnip rape and white mustard, UK officially certified CS seed of a listed variety
(d) in the case of flax, linseed, monoecious hemp and soya bean, UK, EC, third country or overseas tested officially certified C1 seed of a listed variety	(d) in the case of flax, linseed, monoecious hemp and soya bean, UK officially certified C1 seed of a listed variety
(e) in the case of flax, linseed, monoecious hemp and soya bean, UK, EC or overseas tested officially certified C2 seed of a listed variety	(e) in the case of flax, linseed, monoecious hemp and soya bean, UK officially certified C2 seed of a listed variety
(f) in the case of flax, UK, EC or overseas tested officially certified C3 seed of a listed variety	(f) in the case of flax, UK officially certified C3 seed of a listed variety
2.—(a) UK or EC officially certified early movement pre-basic seed of a listed variety	(a) UK officially certified early movement pre-basic seed of a listed variety
(b) UK or EC officially certified early movement basic seed of a listed variety	(b) UK officially certified early movement basic seed of a listed variety
(c) in the case of black mustard, brown mustard, dioecious hemp, sunflower, swede rape, turnip rape and white mustard, UK or EC officially certified early movement CS seed of a listed variety	(c) in the case of black mustard, brown mustard, dioecious hemp, sunflower, swede rape, turnip rape and white mustard, UK officially certified early movement CS seed of a listed variety
(d) in the case of flax, linseed, monoecious hemp and soya bean, UK or EC officially certified early movement C1 seed of a listed variety	(d) in the case of flax, linseed, monoecious hemp and soya bean, UK officially certified early movement C1 seed of a listed variety
(e) in the case of flax, linseed, monoecious hemp and soya bean, UK or EC officially certified early movement C2 seed of a listed variety	(e) in the case of flax, linseed, monoecious hemp and soya bean, UK officially certified early movement C2 seed of a listed variety
(f) in the case of flax, UK or EC officially certified early movement C3 seed of a listed variety	(f) in the case of flax, UK officially certified early movement C3 seed of a listed variety
(a) UK, EC or overseas tested officially certified pre-basic seed of a component used in the production of a listed hybrid variety	(a) UK officially certified pre-basic seed of a component used in the production of a listed hybrid variety
(b) UK, EC, third country or overseas tested officially certified basic seed of a component of a listed hybrid variety	(b) UK officially certified basic seed of a component of a listed hybrid variety.
(a) UK or EC officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety	(a) UK officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety
(b) UK or EC officially certified early movement basic seed of a component of a listed hybrid variety.	(b) UK officially certified early movement basic seed of a component of a listed hybrid variety.

Regulation 15(1)

SCHEDULE 6 CATEGORIES OF SEED THAT MAY BE MARKETED

Breeders seed

1.  Breeders seed.

Pre-basic seed of a listed variety

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

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

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

Basic seed of a listed variety

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

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

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

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

CS seed of a listed variety

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

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

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

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

C1 seed of a listed variety

13.  UK officially certified C1 seed of a listed variety.

14.  EC officially certified C1 seed of a listed variety.

15.  Third country officially certified C1 seed of a listed variety.

16.  Overseas tested officially certified C1 seed of a listed variety.

C2 seed of a listed variety

17.  UK officially certified C2 seed of a listed variety.

18.  EC officially certified C2 seed of a listed variety.

19.  Overseas tested officially certified C2 seed of a listed variety.

C3 seed of a listed variety

20.  UK officially certified C3 seed of a listed variety.

21.  EC officially certified C3 seed of a listed variety.

22.  Overseas tested officially certified C3 seed of a listed variety.

Commercial seed

23.  UK officially certified commercial seed.

24.  EC officially certified commercial seed.

Early movement pre-basic seed of a listed variety

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

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

Early movement basic seed of a listed variety

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

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

Early movement CS seed of a listed variety

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

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

Early movement C1 seed of a listed variety

31.  UK officially certified early movement C1 seed of a listed variety.

32.  EC officially certified early movement C1 seed of a listed variety.

Early movement C2 seed of a listed variety

33.  UK officially certified early movement C2 seed of a listed variety.

34.  EC officially certified early movement C2 seed of a listed variety.

Early movement C3 seed of a listed variety

35.  UK officially certified early movement C3 seed of a listed variety.

36.  EC officially certified early movement C3 seed of a listed variety.

Early movement commercial seed

37.  UK officially certified early movement commercial seed.

38.  EC officially certified early movement commercial seed.

Pre-basic seed of a component used in the production of a listed hybrid variety

39.  UK officially certified pre-basic seed of a component used in the production of a listed hybrid variety.

40.  EC officially certified pre-basic seed of a component used in the production of a listed hybrid variety.

41.  Overseas tested officially certified pre-basic seed of a component used in the production of a listed hybrid variety.

Basic seed of a component of a listed hybrid variety

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

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

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

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

Early movement pre-basic seed of a component used in the production of a listed hybrid variety

46.  UK officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety.

47.  EC officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety.

Early movement basic seed of a component of a listed hybrid variety

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

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

Regulations 2(1), 23((2), (3), (4) and 27(7)

SCHEDULE 7 LOT AND SAMPLE WEIGHTS

Column 1	Column 2	Column 3	Column4
Species	Maximum weight of a seed lot	Minimum weight of a sample to be drawn from a seed lot	Weight of the sample for determination by number in accordance with Part II of Schedule 4
	(tonnes)	(grams)	(grams)
Flax	10	300	150
Hemp	10	600	600
Linseed	10	300	150
Black mustard	10	100	40
Brown mustard	10	100	40
White mustard	10	400	200
Soya bean	25	1,000	1,000
Sunflower	25	1,000	1,000
Swede rape	10	200	100
Turnip rape	10	200	70

Regulation 26, (3)(b), (4), (5)(a), (6)(a), (7), (8)(a)(A),(10)(a)(ii).

SCHEDULE 8 LABELLING

PART I

Particulars to be marked or displayed on the sale of unpackaged seeds

1.  The following particulars shall be given —

(a) “complies with legal standards”;

(b) the species; and

(c) except in the case of commercial seed, the variety.

PART II

Labelling of packages of breeder’s seed

2.  The package shall be labelled, not later than the time of sealing, on the outside with a supplier’s label containing the following particulars —

(a) the name and address of the supplier responsible for affixing the labels or his or her registered number;

(b) the reference number of the seed lot;

(c) the species;

(d) the variety;

(e) the words “breeder’s seed”; and

(f) the declared net or gross weight or declared number of seeds.

3.  The label referred to in paragraph 2 shall be coloured buff.

PART III

Labelling of packages of officially certified pre-basic seed

4.  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 certification authority and member State or their commonly used initials;

(b) the reference number of the seed 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 official sampling;

(d) the species, indicated at least under its botanical name, which may be given in abridged form and without the author’s name, in Roman characters;

(e) the variety, indicated at least in Roman characters;

(f) the description “pre-basic seed”;

(g) the number of generations by which the seed precedes CS seed or C1 seed;

(h) the country of production;

(i) the declared net or gross weight or declared number of seeds; and

(j) 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.

5.  The label referred to in paragraph 4 shall be coloured white with a diagonal violet line.

6.  The minimum size of the label referred to in paragraph 4 shall be 110 mm x 67 mm.

7.  The label referred to in paragraph 4 —

(a) shall be —

(i) an adhesive label, or

(ii) a label secured to the package by a sealing device approved by the National Assembly for Wales, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, 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.

PART IV Labelling of packages of officially certified basic, CS, C1, C2 and C3 seed

Official label for a package of officially certified basic, CS, C1, C2 or C3 seed

8.  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 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 seed 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 under its botanical name, which may be given in abridged form and without the author’s name, in Roman characters;

(f) the variety, indicated at least in Roman characters;

(g) the category;

(h) the country of production;

(i) the declared net or gross weight;

(j) 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;

(k) in the case of basic seed which is a component of a hybrid variety, where the component has been officially accepted on a National List or the Common Catalogue, the name under which it has been officially accepted, with or without a reference to the hybrid variety, accompanied, in the case of a component intended solely as a component for a hybrid variety, by the word “component”;

(l) in the case of basic seed which is a component of a hybrid variety where the component has not been officially accepted on a National List or the Common Catalogue, the name of the component, which may be given in code form, accompanied by a reference to the hybrid variety, with or without reference to its function (male or female) and accompanied by the word “component”; and

(m) in the case of CS seed which is a hybrid, the name of the variety to which the seed belongs, accompanied by the word “hybrid”; and

(n) in the case of officially certified CS seed that is intended to be used as a component of a varietal association a reference to its function (male or female), accompanied by the word “component” and the name of the final varietal association.

9.  Where at least germination has been retested, the words “retested” followed by the month and year of retesting and the service 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.

10.  The minimum size of the label referred to in paragraph 8 shall be 110 mm x 67 mm.

11.  The label referred to in paragraph 8 shall be coloured —

(a) white for basic seed;

(b) blue for CS and C1 seed; and

(c) red for C2 and C3 seed.

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 National Assembly for Wales, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, 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

Supplier’s label for a small package of officially certified basic, CS, C1, C2 or C3 seed

13.  The package shall be labelled, not later than the time of sealing —

(a) subject to paragraph 14, on the outside;

(b) with a label, a printed notice or stamp containing the following information —

(i) “EC rules and standards”;

(ii) the name and address of the supplier responsible for fixing the label or his or her registration number;

(iii) the reference number of the seed lot;

(iv) the species;

(v) the variety;

(vi) the category;

(vii) the declared weight or declared number of seeds except in the case of packages not exceeding 15 grams net weight.

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.

15.  The label, notice or stamp referred to in paragraph 13 shall be coloured —

(a) white for basic seed;

(b) blue for CS and C1seed; and

(c) red for C2 and C3 seed.

PART V Labelling of packages of officially certified commercial seed

Official label for a package of officially certified commercial seed

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 words “EC rules and standards”;

(b) the words “Commercial seed (not certified as to variety)”;

(c) the name of the certifying authority and member State or their commonly used initials;

(d) the reference number of the seed lot;

(e) 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;

(f) the species, indicated at least under its botanical name, which may be given in abridged form and without the author’s name, in Roman characters;

(g) the country of production or region of production within a country;

(h) the declared net or gross weight; and

(i) 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.

17.  Where at least germination has been retested, the words “retested” followed by the month and year of retesting and the service responsible for such retesting may be indicated on the official label referred to in paragraph 16 or on an official sticker attached to the official label.

18.  The minimum size of the label referred to in paragraph 16 shall be 110 mm x 67 mm.

19.  The label referred to in paragraph 16 shall be coloured brown.

20.  The label referred to in paragraph 16 —

(a) shall be —

(i) an adhesive label, or

(ii) a label secured to the package by a sealing device approved by the National Assembly for Wales, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, 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 National Assembly for Wales in that behalf or by or under the supervision of a licensed seed sampler.

Label for a small package of officially certified commercial seed

21.  The package shall be labelled, not later than the time of sealing —

(a) subject to paragraph 22, on the outside;

(b) with a label, a printed notice or stamp containing the following information —

(i) “EC rules and standards”;

(ii) the name and address of the supplier responsible for fixing the label or his or her registration number;

(iii) the reference number of the seed lot;

(iv) the species;

(v) the words “commercial seed (not certified as to variety)”;

(vi) the declared weight or declared number of seeds except in the case of packages not exceeding 15 grams net weight.

22.  If the packaging material is transparent the label, notice or stamp referred to in paragraph 21 may be placed inside the package provided it can be read through the packaging.

23.  The label, notice or stamp referred to in paragraph 21 shall be coloured brown.

PART VI

Labelling of packages of a varietal association of seeds

24.  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 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 seed lot;

(d) the month and year of sealing expressed by the word “Sealed” followed by the month and year of sealing;

(e) the species, indicated at least under its botanical name, which may be given in abridged form and without the author’s name, in Roman characters;

(f) the words “varietal association” followed by its name;

(g) the category;

(h) the country of production;

(i) the declared net or gross weight or declared number of pure seed;

(j) 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;

(k) the percentages by weight of the various components in the varietal association shown by variety unless this has been notified to the purchaser on request and notified to the National Assembly for Wales, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development.

25.  Where at least germination of the components of the varietal association have been retested, the words “retested” followed by the month and year of retesting and the service responsible for such retesting may be indicated on the official label referred to in paragraph 24 or on an official sticker attached to the official label.

26.  The minimum size of the label referred to in paragraph 24 shall be 110 mm x 67 mm.

27.  The label referred to in paragraph 24 shall be coloured blue with a diagonal green line.

28.  The label referred to in paragraph 24 —

(a) shall be —

(i) an adhesive label, or

(ii) a label secured to the package by a sealing device approved by the National Assembly for Wales, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, 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.

PART VII Printing of specified matters on packages (whole bag labelling)

Seed which has not been imported

29.  The printing or stamping of the packages shall be under the supervision of National Assembly for Wales.

30.  Each package shall have printed or stamped on it, or be perforated with, an individual serial number allocated by the National Assembly for Wales which shall appear in the same panel as the particulars of the matters specified in paragraph 8.

31.  Arrangements shall be made with the printers for returns to be made to the National Assembly for Wales of the number of packages printed or stamped pursuant to regulation 26(18) and of the individual serial numbers of such packages.

32.  The reference number of the seed lot and the month and year in which the package was officially sealed shall be printed or stamped under the supervision of the authorised officer or licensed seed sampler at the time of sampling for official examination.

33.  There shall be kept such records or seed packaged and marketed pursuant to regulation 26(18) as may be required by the National Assembly for Wales.

34.  Each package of seed marketed in accordance with regulation 26(18) shall be capable of having affixed to it, in a manner approved by the National Assembly for Wales, a label containing a statement pursuant to regulation 16.

Seed imported from another Member State

35.  Such requirements of the member State from which the seed has been imported as correspond to the requirements specified in this Part for seed which has not been imported shall, in the opinion of the National Assembly for Wales, have been satisfied.

Regulation 27(2)

SCHEDULE 9 LIMITS OF VARIATION

GERMINATION

Stated minimum percentage of germination	Limit of variation
(expressed as a an integer)	Per cent
99—100	2
97—98	3
94—96	4
91—93	5
87—90	6
82—86	7
76—81	8
70—75	9

ANALYTICAL PURITY

Stated minimum percentage of analytical purity	Limit of variation
(expressed to one decimal point)	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

CONTENT OF SEEDS OF OTHER SPECIES

Stated maximum percentage of number of seeds of other species	Limit of variation
(expressed to one decimal point)	Per cent
0.0	0.1
0.1 — 0.2	0.3
0.3 — 0.4	0.4
0.5	0.5

NUMBER OF SEEDS OF OTHER SPECIES

Maximum number of seeds of other species	Limit of variation number
0	1
1	3
2	4
3 and 4	5
5 and 6	6
7 and 8	7
9 to 11	8
12 to 14	9
15 to 17	10
18 to 21	11
22 to 25	12
26 to 29	13
30 to 34	14
35 to 40	15
41 to 45	16
46 to 50	17

Regulation 31

SCHEDULE 10 INDEX OF WORDS AND EXPRESSIONS USED IN THESE REGULATIONS

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 Act	Regulation 2(1)
Annex V(C) document	Regulation 2(1)
another member State	Regulation 2(1)
appropriate time	Regulation 6(4)
approved seed certification authority	Regulation 2(1)
authorised officer	Regulation 2(1)
basic seed	Paragraph 13 of Schedule 1
black mustard	Regulation 3
blended seed lot	Regulation 2(1)
brown mustard	Regulation 3
breeder	Regulation 2(1)
breeder’s seed	Regulation 2(1)
C1 seed	Paragraph 35 of Schedule 1
C2 seed	Paragraph 43 of Schedule 1
C3 seed	Paragraph 50 of Schedule 1
commercial seed	Paragraph 57 of Schedule 1
CS seed	Paragraph 27 of Schedule 1
Common Catalogue	Regulation 2(1)
Common Catalogue Directive	Regulation 2(1)
component	Regulation 2(1)
control plot	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 21 of Schedule 1
EC officially certified basic seed of a listed variety	Paragraph 15 of Schedule 1
EC officially certified early movement basic seed of a component of a listed hybrid variety	Paragraph 25 of Schedule 1
EC officially certified early movement basic seed of a L listed variety	Paragraph 19 of Schedule 1
EC officially certified early movement C1 seed of a listed variety	Paragraph 41 of Schedule 1
EC officially certified early movement C2 seed of a listed variety	Paragraph 48 of Schedule 1
EC officially certified early movement C3 seed of a listed variety	Paragraph 55 of Schedule 1
EC officially certified early movement commercial seed of a seed	Paragraph 61 of Schedule 1
EC officially certified early movement CS seed of a listed variety	Paragraph 33 of Schedule 1
EC officially certified early movement pre-basic seed of a listed variety	Paragraph 6 of Schedule 1
EC officially certified C1 seed of a listed variety	Paragraph 37 of Schedule 1
EC officially certified C2 seed of a listed variety	Paragraph 45 of Schedule 1
EC officially certified C3 seed of a listed variety	Paragraph 52 of Schedule 1
EC officially certified commercial seed	Paragraph 59 of Schedule 1
EC officially certified CS seed of a listed variety	Paragraph 29 of Schedule 1
EC officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety hybrid variety	Paragraph 11 of Schedule 1
EC officially certified pre-basic seed of a component used in the production of a listed hybrid variety	Paragraph 8 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 12(6)
flax	Regulation 3
genetically modified	Regulation 2(1)
germination condition	Regulation 2(1)
grey label	Paragraph 64(3) of Schedule 1
hemp	Regulation 3
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)
linseed	Regulation 3
listed variety	Regulation 2(1)
listing	Regulation 2(1)
maintainer	Regulation 2(1)
marketing	Regulation 4
marketing extension	Regulation 2(1)
member State	Regulation 2(1)
a National List	Regulation 2(1)
not finally certified basic seed harvested in another member State	Paragraph 65 of Schedule 1
not finally certified C1 seed harvested in an equivalent third country	Paragraph 71 of Schedule 1
not finally certified CS seed harvested in an equivalent third country	Paragraph 70 of Schedule 1
not finally certified C1 seed harvested in another member State	Paragraph 67 of Schedule 1
not finally certified C2 seed harvested in another member State	Paragraph 68 of Schedule 1
not finally certified C3 seed harvested in another member State	Paragraph 69 of Schedule 1
not finally certified CS seed harvested in another member State	Paragraph 66 of Schedule 1
not finally certified pre-basic seed harvested in another member State	Paragraph 64 of Schedule 1
OECD	Regulation 2(1)
OECD Certificate	Regulation 2(1)
OECD Crucifer and Oil and Fibre Seed Scheme	Regulation 2(1)
OECD Decision	Regulation 2(1)
OECD Grass and Legume Seed Scheme	Regulation 2(1)
OECD list	Regulation 2(1)
official label	Regulation 2(1)
officially certified basic seed	Paragraph 26 of Schedule 1
officially certified C1 seed	Paragraph 42 of Schedule 1
officially certified C2 seed	Paragraph 49 of Schedule 1
officially certified C3 seed	Paragraph 56 of Schedule 1
officially certified commercial seed	Paragraph 62 of Schedule 1
officially certified CS seed	Paragraph 34 of Schedule 1
officially certified pre-basic seed	Paragraph 12 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)
the Oil and Fibre Plant Seed Directive	Regulation 2(1)
overseas tested officially certified basic seed of a component of a listed hybrid variety	Paragraph 23 of Schedule 1
overseas tested officially certified basic seed of a listed variety	Paragraph 17 of Schedule 1
overseas tested officially certified C1 seed of a listed variety	Paragraph 39 of Schedule 1
overseas tested officially certified C2 seed of a listed variety	Paragraph 46 of Schedule 1
overseas tested officially certified C3 seed of a listed variety	Paragraph 53 of Schedule 1
overseas tested officially certified CS seed of a listed variety	Paragraph 31 of Schedule 1
overseas tested officially certified pre-basic seed of a component used in the production of a listed hybrid variety	Paragraph 9 of Schedule 1
overseas tested officially certified pre-basic seed of a listed variety	Paragraph 4 of Schedule 1
Part II.A(3) official certificate	Regulation 2(1)
pollinator	Regulation 22(6)
pollinator-dependent hybrid	Regulation 22(6)
pre-basic seed	Paragraph 1 of Schedule 1
previously listed variety	Regulation 2(1)
properly sealed package	Regulation 24(5), (6), (8), (9) and (10 (10)
qualifying seed lot	Regulation 11(15)
qualifying seed test report	Regulation 6(4)
registered person	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-controlled seed	Regulation 2(1)
post control
seed that is subject to official post control	Regulation 8(18)
soya bean	Regulation 3
small package	Regulation 2(1)
sunflower	Regulation 3
swede rape	Regulation 3
third country	Regulation 2(1)
the Third Country Equivalence Decision	Regulation 2(1)
third country officially certified basic seed of a listed variety	Paragraph 16 of Schedule 1
third country officially certified C1 seed of a listed variety	Paragraph 38 of Schedule 1
third country officially certified basic seed of a component of a listed hybrid variety	Paragraph 22 of Schedule 1
third country officially certified CS seed of a listed variety	Paragraph 30 of Schedule 1
turnip rape	Regulation 3
UK field inspection carried out under official supervision	Regulation 2(1)
UK officially certified basic seed of a listed variety	Paragraph 14 of Schedule 1 of Schedule 1
UK officially certified basic seed of a component of a listed hybrid variety	Paragraph 20 of Schedule 1
UK officially certified C1 seed of a listed variety	Paragraph 36 of Schedule 1
UK officially certified C2 seed of a listed variety	Paragraph 44 of Schedule 1
UK officially certified C3 seed of a listed variety	Paragraph 51 of Schedule 1
UK officially certified commercial seed	Paragraph 58 of Schedule 1
UK officially certified CS seed of a listed variety	Paragraph 28 of Schedule 1
UK officially certified early movement basic seed of a listed variety	Paragraph 18 of Schedule 1
UK officially certified early movement C1 seed of a listed variety	Paragraph 40 of Schedule 1
UK officially certified early movement C2 seed of a listed variety	Paragraph 47 of Schedule 1
UK officially certified early movement C3 seed of a listed variety	Paragraph 54 of Schedule 1
UK officially certified early movement commercial seed of Seed	Paragraph 60 of Schedule 1
UK officially certified early movement CS seed of a listed variety	Paragraph 32 of Schedule 1
UK officially certified early movement basic seed of a component of a listed hybrid variety variety	Paragraph 24 of Schedule 1
UK officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety hybrid variety	Paragraph 10 of Schedule 1
UK officially certified early movement pre-basic seed of a listed variety	Paragraph 5 of Schedule 1
UK officially certified pre-basic seed of a component used in the production of a listed hybrid variety	Paragraph 7 of Schedule 1
UK officially certified pre-basic seed of a listed Variety	Paragraph 2 of Schedule 1
a UK seed test carried out under official supervision	Regulation 2(1)
unlisted variety	Regulation 2(1)
varietal association	Regulation 22(6)
whenever carried out	Regulation 2(1)
white mustard	Regulation 3
Writing	Regulation 2(3)