[F120.—(1) The prohibition in regulation 15(1) does not apply to the marketing by a producer of seed for test and trial purposes in accordance with—
(a)an authorisation which has been granted to the producer by the National Assembly in accordance with this regulation; or
(b)an authorisation which has been granted to the producer by or on behalf of—
(i)the Secretary of State;
(ii)the Scottish Ministers;
(iii)the Department of Agriculture and Rural Development; or
(iv)a competent seed certification authority in another member State,
in accordance with Article 2(1) of the 2004 Commission Decision.
(2) A producer cannot market test and trial seed—
(a)except for the purposes of tests or trials carried out at agricultural enterprises to gather information on the cultivation or use of a variety of a cereal species specified in Schedule 2;
(b)unless a field inspection report has been issued by the National Assembly or by a licensed crop inspector stating that—
(i)for the following varieties, [F2the crop satisfies] the conditions for CS seed laid down in Schedule 3—
(aa)rye and maize (including hybrids of rye and maize); and
(bb)hybrids of barley, durum wheat, oats, spelt wheat, triticale other than self-pollinating varieties and wheat; and
(ii)for non-hybrid varieties of barley, durum wheat, oats, self-pollinating triticale, spelt wheat and wheat, [F2the crop satisfies] the conditions for C2 seed laid down in Schedule 3;
(c)unless a seed test report has been issued by the National Assembly or by a licensed seed testing station stating that—
(i)for the following varieties, the seed to which the application relates has been found to meet the conditions for CS seed laid down in Schedule 4—
(aa)rye and maize (including hybrids of rye and maize); and
(bb)hybrids of barley, durum wheat, oats, spelt wheat, triticale other than self-pollinating varieties and wheat; and
(ii)for non-hybrid varieties of barley, durum wheat, oats, self-pollinating triticale, spelt wheat and wheat, the seed satisfies the conditions for C2 seed laid down in Schedule 4; or
(d)if such marketing would contravene a prohibition on the use of the variety published by the National Assembly in the gazette that complies with Article 14 of the 2004 Commission Decision.
(3) A producer of seed established in Wales may apply to the National Assembly for the grant or renewal of a regulation 20 authorisation.
(4) A regulation 20 authorisation granted by the National Assembly will last for a period of one year or such shorter period as the National Assembly may specify.
(5) An application for authorisation or renewal of a regulation 20 authorisation must be made in writing to the National Assembly and be accompanied by such information as the National Assembly may require.
(6) The National Assembly will not grant a regulation 20 authorisation unless it is satisfied that—
(a)the seed is of a variety for which an application has been made by the producer under regulation 4(1)(a) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to a National List and which application has not been withdrawn or finally determined; and
(b)in the case of seed of a genetically modified variety, an authorisation is in force in respect of the variety under either—
(i)Part C of the Deliberate Release Directive; or
(ii)the Food and Feed Regulation.
(7) The National Assembly will not authorise marketing of an amount of seed in excess of that permitted by Article 7 of the 2004 Commission Decision.
(8) A regulation 20 authorisation may impose such conditions as the National Assembly may think necessary or desirable having regard to the nature of the test or trial and the nature of the seed to which the authorisation relates.
(9) The Assembly may vary, suspend, revoke or add conditions to authorisations to which paragraph (1) applies by service of a notice on the producer.
(10) Where an authorisation to which paragraph (1) applies has been granted, the marketing by a producer of seed for test and trial purposes shall be in accordance with the conditions attached to that authorisation, whether granted by the Assembly or, subject to paragraph (9), any other competent seed certification authority in the United Kingdom or in another member State.
(11) The Assembly may revoke or suspend an authorisation that has effect in Wales by virtue of this regulation by service of a notice in writing on the producer concerned, and where such a notice has been served, marketing of seed for test and trial purposes may only be authorised subsequently by the National Assembly for Wales in accordance with this regulation.
(12) A regulation 20 authorisation shall cease to have effect where the application referred to in paragraph (6)(a) is withdrawn or rejected or the variety is entered in a National List or the Common Catalogue.
(13) The National Assembly may require a person to whom it has granted a regulation 20 authorisation to provide it with information about—
(a)the results of the tests and trials to which the authorisation relates; or
(b)the quantities of seed marketed during the authorised period and the name of the member State for which the seed was destined.
(14) A producer to whom a regulation 20 authorisation has been granted must, within such period as is specified by the National Assembly, lodge copies of the reports referred to in paragraphs (2)(b) and (c) with it]
Textual Amendments
F1Reg. 20 substituted (31.1.2007) by The Seed (Wales) (Amendments for Tests and Trials etc.) Regulations 2007 (S.I. 2007/119), regs. 1, 3(3)
F2Words in reg. 20(2)(b)(i)(ii) substituted (9.10.2007) by The Seed (Miscellaneous Amendments) (Wales) Regulations 2007 (S.I. 2007/2747), regs. 1, 3(4)