4. Notwithstanding paragraphs 2 and 3, on receipt of an application made in accordance with regulation 14(1) and in pursuance of Article 19 (certification of seed from other EEA States or equivalent third countries) of the Oil and Fibre Plant Seed Directive for the issue of an official certificate in respect of a seed lot as Pre-basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed, the Scottish Ministers shall issue in respect of the seed lot an official certificate containing the particulars specified in paragraph 1 of Schedule 3 if–
(a)the seed has been–
(i)produced directly from fully certified Basic Seed, Certified Seed of the First Generation(1) or seed certified in a third country which is permitted to be sold as Basic Seed or Certified Seed of the First Generation by virtue of a general licence granted by the Scottish Ministers under regulation 5(1)(b)(iii) (general licences) or 5(3) (general licences) of the Oil and Fibre Plant Seeds Regulations 1993(2) or regulation 10; and
(ii)harvested in an EEA State other than the United Kingdom or in a third country; or
(b)the seed has been–
(i)produced directly from the crossing of fully certified Basic Seed with seed certified in a third country which is permitted to be sold as Basic Seed by virtue of a general licence granted by the Scottish Ministers under regulation 5(1)(b)(iii) (general licences) or 5(3) (general licences) of the Oil and Fibre Plant Seeds Regulations 1993 or regulation 10 or the implementation of the Equivalence Decision; and
(ii)harvested in an EEA State other than the United Kingdom or in a third country; or
(c)the seed–
(i)is to be certified by the Scottish Ministers as Basic Seed;
(ii)has been produced directly from fully certified Pre-basic Seed or from seed certified in a third country which is permitted to be sold as Pre-basic seed by virtue of a general licence granted by the Scottish Ministers under regulation 5(1)(b)(iii) (general licences) or 5(3) (general licences) of the Oil and Fibre Plant Seeds Regulations 1993 or regulation 10 or the implementation of the Equivalence Decision; and
(iii)has been harvested in an EEA State other than the United Kingdom or in a third country; and
provided that–
(d)if the seed has been harvested in an EEA State other than the United Kingdom–
(i)the seed has been harvested from a crop which has been found by field examination of the crop carried out by the competent seed certification authority in the EEA State; or
(ii)in the case of a seed lot which is to be certified by the Scottish Ministers as Seed of a Certified Generation, seed which has been harvested from a crop which 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,
to satisfy the crop conditions specified in Annex I (crop standards) of the Oil and Fibre Plant Seed Directive for the relevant category of seed;
(e)if the seed has been harvested in a third country, the seed has been harvested from a crop which has been found by field examination satisfying the conditions specified in the Equivalence Decision to satisfy the conditions specified in Annex I (crop standards) of the Oil and Fibre Plant Seed Directive for the relevant category of seed;
(f)if the seed has been harvested in an EEA State, the seed has been packed in a sealed package in accordance with the requirements of Article 11(1) (sealing) of the Oil and Fibre Plant Seed Directive and has been labelled in accordance with the requirements of the second indented sub-paragraph of the first paragraph of Article 19(2) (labelling requirements for certification of seed from other EEA States or equivalent third countries) of the Oil and Fibre Plant Seed Directive;
(g)if the seed has been harvested in an EEA State, has been imported into the United Kingdom as not finally certified seed;
(h)is accompanied by an Annex V(C) document relating to the seed issued by the competent seed certification authority in the EEA State; and
(i)official examination has shown that the conditions specified in Part II of Schedule 4 for the relevant category of seed have been satisfied.
See regulation 3 for the definition of “Certified Seed of the First Generation”.
S.I. 1993/2007, as relevantly amended by S.I. 1994/1423, 1996/1451, 1997/616, 1999/1862, S.S.I. 2000/249, S.I. 2001/3510 and S.S.I. 2003/304.