12.—(1) In a case where—
(a)the official examination in respect of the germination of any seed lot of Pre-Basic Seed, Basic Seed or Certified Seed of a plant variety of a species accepted on to a UK National List or the Common Catalogue is being undertaken and has not been completed, but a provisional germination report has shown that the seed attains the appropriate minimum standard of germination specified in Part II of Schedule 4, the seed in all other respects satisfies the appropriate requirements of Schedule 4 and the provisional analytical report and the provisional germination report on the seed have been presented by the producer to the Scottish Ministers; or
(b)any seed lot has been certified by a European Authority other than the Scottish Ministers by virtue of Article 5(b) (early movement of seed) of the Beet Seed Directive, and the provisional germination report on the seed has been presented by the producer to the Scottish Ministers,
the seed lot or any part of the seed lot may, notwithstanding regulation 6 but subject to paragraphs (2) to (5), regulation 19 and the other provisions of these Regulations, be marketed to the first buyer by way of trade.
(2) In the event of any marketing under paragraph (1), the seller of the seed shall—
(a)upon or before delivery, provide the first buyer by way of trade with a written statement that the seed is marketed before the completion of the official germination test together with the result in the provisional germination report;
(b)notify the Scottish Ministers in writing of the name and address of the first buyer by way of trade as soon as practicable after delivery and in any event not later than 7 days after delivery;
(c)guarantee a specific minimum percentage of germination, which shall be the percentage of the germination of the seed as ascertained in the provisional germination report; and
(d)in the event of the official germination test showing the failure of the seed to comply with the minimum germination standard specified in Part II of Schedule 4 for seed of the relevant category, the seller shall provide the first buyer by way of trade with the result of the completed official germination test, in writing, as soon as practicable and in any event not later than 7 days after being informed of it.
(3) Paragraph (1) shall not apply to the marketing of any seed lot or part of any seed lot in respect of which a previous official examination or an examination by a European Authority other than the Scottish Ministers has shown that the seed fails to meet the standards specified for the relevant category of seed in Part II of Schedule 4 or Annex I(B) of the Beet Seed Directive.
(4) Paragraph (1) shall not apply to seed which has been imported from a country other than an EEA State unless it has been produced directly from Pre-Basic Seed or Basic Seed produced in an EEA State.
(5) A person who sells any seed in accordance with paragraph (1) shall make and, until the end of the period of six years after the date of delivery of the seed to the first buyer by way of trade, keep available for inspection by the Scottish Ministers a record of—
(a)the date of such delivery;
(b)the reference number of the seed lot or part of a seed lot delivered;
(c)the name and address of the first buyer by way of trade;
(d)the date on which the preliminary test of germination was carried out and of the result of that test in the provisional germination report; and
(e)if appropriate, of the date on which the first buyer by way of trade was informed of the result of the completed official germination test.