47.—(1) In these Regulations “UK officially certified early movement C2 seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.
(2) This paragraph applies to—
(a)seed of a listed variety officially certified as early movement C2 seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and
(b)seed of a previously listed variety officially certified as early movement C2 seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force.
(3) This paragraph applies to—
(a)C2 seed of a listed variety—
(i)that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) or, in the case of a crop that has been produced from seed that has been subject to satisfactory official post control, by a UK field inspection carried out under official supervision following the listing of the variety, to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which C2 seed is to be produced;
(ii)that, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II and IV of Schedule 4 for C2 seed;
(iii)for which the results of a Schedule 4 germination test are awaited to determine whether the seed will satisfy the applicable germination standard for C2 seed but for which a provisional analytical report has been obtained indicating that the seed is likely to meet that standard; and
(iv)for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, by an official UK seed test or by a UK seed test carried out under official supervision (in either case whenever carried out) to satisfy the conditions laid down in Part II of Schedule 4 for C2 seed;
(b)C2 seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;
(c)C2 seed of a listed variety—
(i)that has been imported into the United Kingdom as not finally certified C2 seed harvested in another member State, and
(ii)that complies with the requirements of paragraph (a)(ii) to (iv); F1...
(d)C2 seed of a previously listed variety—
(i)that has been imported into the United Kingdom as not finally certified C2 seed harvested in another member State;
(ii)that complies with the requirements of paragraph (a)(ii) to (iv); and
(iii)for which a marketing extension is in force,
[F2(e)C2 seed of a listed variety that—
(i)has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country; and
(ii)complies with the requirements of paragraphs (a)(ii) to (iv); and
(f)C2 seed—
(i)of a previously listed variety that is on the OECD list;
(ii)that has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country;
(iii)that complies with the requirements of paragraphs (a)(ii) to (iv); and
(iv)for which a marketing extension is in force,]
other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.
(4) Seed of a listed variety, or of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as early movement C2 seed.
Textual Amendments
F1Word in Sch. 1 para. 47(3)(c)(ii) deleted (8.10.2004) by The Cereal Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2386), regs. 1, 2(11)(j)(i)
F2Sch. 1 para. 47(3)(e)(f) inserted (8.10.2004) by The Cereal Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2386), regs. 1, 2(11)(j)(ii)