2. The Scottish Ministers shall refuse to issue a breeder’s confirmation in respect of a seed lot unless–
(a)an application has been made to the Scottish Ministers in writing in such form and manner and at such time as the Scottish Ministers may require, and has been accompanied by such information, material, records, illustrations and other documents as they may require, in respect of–
(i)the seed lot or seed lots to be used for the production of the crop or crops from which is to be or has been obtained the seed lot in respect of which the application for a breeder’s confirmation has been made; and
(ii)the crop or crops from which the seed lot is to be or has been obtained;
(b)an official examination of the crop or crops from which was obtained the seed lot in respect of which the application for a breeder’s confirmation has been made has shown that the crop or crops meet the standards specified in Part I of Schedule 4 appropriate in the category referred to in the application; and
(c)an official examination of a sample taken from the seed lot has shown that the seed lot meets the standards specified in Part II of Schedule 4 appropriate to the relevant category of seed referred to in the application except that a breeder’s confirmation can be issued for Pre-basic Seed or Basic Seed in respect of seed which attains a lower percentage of germination than that specified in paragraph 13 of Part II of Schedule 4.