8.—(1) Regulation 6(1) shall not apply to the marketing by a producer of small quantities of seed for scientific purposes or selection work for which—
(a)an authorisation has been granted to the producer by the Scottish Ministers in accordance with this regulation; or
(b)an authorisation has been granted to the producer by a European Authority other than the Scottish Ministers in respect of small quantities of seed for scientific purposes or selection work pursuant to Article 6(1)(a) (authorisation for scientific purposes or selection work) of the Beet Seed Directive.
(2) A producer established in Scotland may apply to the Scottish Ministers for authorisation under this regulation.
(3) An application under paragraph (2) shall be made in writing to the Scottish Ministers and shall be accompanied by such information as the Scottish Ministers may require.
(4) The Scottish Ministers shall not grant an authorisation under this regulation for scientific purposes or selection work in respect of seed of a genetically modified variety unless an authorisation is in force in respect of the variety concerned under—
(a)the Food and Feed Regulation; or
(b)Part C (placing on the market of GMOs as or in products) of the 2001 Deliberate Release Directive,
and then only if all appropriate measures, in accordance with the environmental risk assessment in respect of the genetically modified material carried out in accordance with Article 7(4) (environmental risk assessment for seed varieties) of the Common Catalogue Directive, have been taken by the producer of the seed to avoid adverse effects on human health and the environment.