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The Beet Seed (Scotland) Regulations 2010

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Applications for seed harvested in an EEA State or third country

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4.  Notwithstanding paragraphs 2 and 3, on receipt of an application made in accordance with regulation 15(1) and in pursuance of Article 22 (certification of seed from other EEA States or equivalent third countries) of the Beet Seed Directive for the issue of an official certificate in respect of a seed lot as Pre-Basic Seed, Basic Seed or Certified Seed,

(1) 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 or seed certified in a third country which is permitted to be sold as Basic Seed or Certified Seed by virtue of a general licence granted by the Scottish Ministers under regulation 7 or the implementation of the Equivalence Decision; and

(ii)harvested in either an EEA State other than the United Kingdom or in a third country;

(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 7 or the implementation of the Equivalence Decision; and

(ii)harvested in either 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 7 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

(2) the official certificate shall be issued provided that—

(a)if the seed has been harvested in an EEA State other than the United Kingdom the seed has been harvested from a crop which has been found by official field inspection to satisfy the crop conditions specified in Annex I(A) of the Beet Seed Directive for the relevant category of seed;

(b)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 of the Beet Seed Directive and has been labelled in accordance with the requirements of Article 12 of the Beet Seed Directive;

(c)if the seed has been harvested in an EEA State, the seed has been imported into the United Kingdom as not finally certified seed;

(d)if the seed has been harvested in an EEA State, the seed is accompanied by an document of the type specified in Article 22(2) of the Beet Seed Directive containing the particulars specified in Part C of Annex IV of the Beet Directive issued by the competent seed certification authority in the EEA State; and

(e)official examination has shown that the conditions specified in Part II of Schedule 4 for the relevant category of seed have been satisfied.

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