46.—(1) In these Regulations “UK officially certified C2 seed of a listed variety” means seed to which sub-paragraph (2), (3) or (4) applies.
(2) This sub-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 National Assembly for Wales 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 National Assembly for Wales and for which a marketing extension is in force.
(3) This sub-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 1 of Schedule 4 for a crop from which C2 seed is to be produced;
(ii)that satisfies the conditions laid down in Part 2 and 4 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 2 of Schedule 4 for C2 seed;
(b)C2 seed of a previously listed variety that complies with the requirements of sub-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 sub-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 sub-paragraph (a)(ii) and (iii); and
(iii)for which a marketing extension is in force;
(e)C2 seed—
(i)that has been imported into the United Kingdom as not finally certified C2 seed harvested in another member State or an equivalent third country;
(ii)that complies with the requirements of sub-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;
(f)C2 seed of a listed variety that—
(i)has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country; and
(ii)complies with the requirements of sub-paragraph (a)(ii) and (iii); and
(g)C2 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 C2 seed harvested in an equivalent third country;
(iii)that complies with the requirements of sub-paragraph (a)(ii) and (iii); and
(iv)for which a marketing extension is in force,
other than seed to which sub-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 National Assembly for Wales 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 Department under regulation 13 to re-grade it as C2 seed.