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The Fodder Plant Seed (Wales) Regulations 2005

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Regulations 2(5) and 26(20) and Schedule 10

SCHEDULE 1INTERPRETATION

PART IMeaning of pre-basic seed and similar expressions

Pre-basic seed

1.  In these Regulations “pre-basic seed” means seed of a generation prior to basic seed that —

(a)has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety, and

(b)is intended to be used for the production of more pre-basic seed, basic seed, or, with the breeder’s written authority —

(i)in the case of seed, other than field beans, field peas, Lucerne Medicago sativa, lupins and vetches, CS seed;

(ii)in the case of field beans, field peas, Lucerne Medicago sativa, lupins and vetches, C1 seed; or

(iii)in the case of field beans and field peas, C2 seed.

UK officially certified pre-basic seed of a listed variety

2.—(1) In these Regulations “UK officially certified pre-basic 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 pre-basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)seed of a previously listed variety officially certified as pre-basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to —

(a)pre-basic 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) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii)that satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and

(iii)for which a seed test report has been issued stating that it has been found 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 basic seed or that it has been found by such a test to satisfy all of those conditions except for the germination condition;

(b)pre-basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;

(c)pre-basic seed of a listed variety that —

(i)has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State, and

(ii)complies with the requirements of paragraph (a)(ii) and (iii);

(d)pre-basic seed of a previously listed variety —

(i)that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State;

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii)for which a marketing extension is in force; and

(e)pre-basic seed —

(i)that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State;

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii)that is of a variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,

other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or seed 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 National Assembly for Wales under regulation 13 to re-grade it as pre-basic seed.

EC officially certified pre-basic seed of a listed variety

3.  In these Regulations “EC officially certified pre-basic seed of a listed variety” means —

(a)pre-basic seed of a listed variety officially certified as pre-basic seed by or on behalf of the competent seed certification authority in another member State, and

(b)pre-basic seed of a previously listed variety officially certified as pre-basic seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Overseas tested officially certified pre-basic seed of a listed variety

4.—(1) In these Regulations “overseas tested officially certified pre-basic seed of a listed variety” means pre-basic seed to which paragraph (2) applies.

(2) This paragraph applies to pre-basic seed —

(a)that was harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for basic seed;

(b)for which a seed test report has been issued —

(i)by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or

(ii)by a licensed EC seed testing station in either of the member States referred to in paragraph (i),

stating that the seed has been found to satisfy the relevant Directive seed conditions for basic seed;

(c)that has been imported into the United Kingdom as pre-basic seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

(d)that is accompanied by —

(i)an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

(ii)the seed test report referred to in paragraph (b).

UK officially certified early movement pre-basic seed of a listed variety

5.—(1) In these Regulations “UK officially certified early movement pre-basic 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 pre-basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)seed of a previously listed variety officially certified as early movement pre-basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to —

(a)pre-basic 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) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii)that, subject to paragraph (iii), satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed;

(iii)for which the results of a Schedule 4 germination test are awaited but for which a provisional analytical report has been obtained indicating what the percentage of germination of the seed is likely to be; 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 basic seed;

(b)pre-basic 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)pre-basic seed of a listed variety —

(i)that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State, and

(ii)that complies with the requirements of paragraph (a)(ii) to (iv); and

(d)pre-basic seed of a previously listed variety —

(i)that has been imported into the United Kingdom as not finally certified pre-basic 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,

other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or seed 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 National Assembly for Wales under regulation 13 to re-grade it as early movement pre-basic seed.

EC officially certified early movement pre-basic seed of a listed variety

6.  In these Regulations “EC officially certified early movement pre-basic seed of a listed variety” means —

(a)pre-basic seed of a listed variety officially certified as early movement pre-basic seed by or on behalf of the competent seed certification authority in another member State, and

(b)pre-basic seed of a previously listed variety officially certified as early movement pre-basic seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Officially certified pre-basic seed

7.  In these Regulations “officially certified pre-basic seed” means —

(a)UK officially certified pre-basic seed of a listed variety;

(b)EC officially certified pre-basic seed of a listed variety;

(c)overseas tested officially certified pre-basic seed of a listed variety;

(d)UK officially certified early movement pre-basic seed of a listed variety; and

(e)EC officially certified early movement pre-basic seed of a listed variety.

PART IIMeaning of basic seed and similar expressions

Basic seed

8.—(1) In these Regulations, other than in relation to a component of a hybrid variety of fodder kale, “basic seed” means seed —

(a)that has been produced —

(i)by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety, or

(ii)under the supervision of the National Assembly for Wales from seeds recognised by it to be of a local variety and grown within a specific area, and

(b)that is intended to be used for the production of —

(i)in the case of seed, other than field beans, field peas, Lucerne Medicago sativa, lupins and vetches, CS seed;

(ii)in the case of field beans, field peas, Lucerne Medicago sativa, lupins and vetches, C1 seed; or

(iii)in the case of field beans and field peas, C2 seed.

(2) In these Regulations, in relation a component of a hybrid variety of fodder kale, “basic seed” means seed of the component —

(i)that has been produced by or under the responsibility of the breeder, and

(ii)that is intended to be used for the production of CS seed of the hybrid variety.

UK officially certified basic seed of a listed variety

9.—(1) In these Regulations “UK officially certified basic 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 basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)seed of a previously listed variety officially certified as basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to —

(a)basic 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) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii)that satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and

(iii)for which a seed test report has been issued stating that it has been found 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 basic seed or that it has been found by such a test to satisfy all of those conditions except for the germination condition;

(b)basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;

(c)basic seed of a listed variety —

(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and

(ii)that complies with the requirements of paragraph (a)(ii) and (iii);

(d)basic seed of a previously listed variety —

(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii)for which a marketing extension is in force; and

(e)basic seed —

(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii)is of a variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,

other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or seed 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 National Assembly for Wales under regulation 13 to re-grade it as basic seed.

EC officially certified basic seed of a listed variety

10.  In these Regulations “EC officially certified basic seed of a listed variety” means —

(a)basic seed of a listed variety officially certified as basic seed by or on behalf of the competent seed certification authority in another member State, and

(b)basic seed of a previously listed variety officially certified as basic seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Third country officially certified basic seed of a listed variety

11.—(1) In these Regulations “third country officially certified basic seed of a listed variety” means seed to which paragraph (2) or (3) applies.

(2) This paragraph applies to basic seed of a listed variety —

(a)that was harvested from a crop that was produced in an equivalent third country from a preceding generation of seed that was produced in accordance with the provisions specified in paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision;

(b)that has been officially certified as basic seed by the approved seed certification authority in that country in accordance with —

(i)in the case of seed other than crucifers, the OECD Grass and Legume Seed Scheme, and

(ii)in the case of crucifers, the OECD Crucifer and Oil and Fibre Seed Scheme; and

(iii)in both cases, the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;

(c)that has been packed in packages that have been officially closed and marked in accordance with —

(i)in the case of seed other than crucifers, the OECD Grass and Legume Seed Scheme, and

(ii)in the case of crucifers, the OECD Crucifer and Oil and Fibre Seed Scheme;

and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and

(d)that has been imported into the United Kingdom and was accompanied by —

(i)an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as basic seed; and

(ii)subject to paragraph (iii), an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for basic seed other than those relating to varietal identity and varietal purity; or

(iii)in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii).

(3) This paragraph applies to basic seed —

(a)of a previously listed variety that is on the OECD List and for which a marketing extension is in force, and

(b)that complies with the requirements of paragraph (2)(a) to (d).

Overseas tested officially certified basic seed of a listed variety

12.—(1) In these Regulations “overseas tested officially certified basic seed of a listed variety” means basic seed to which paragraph (2) or (3) applies.

(2) This paragraph applies to basic seed —

(a)that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for basic seed;

(b)for which a seed test report has been issued —

(i)by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or

(ii)by a licensed EC seed testing station in either of the member States referred to in paragraph (i),

stating that the seed has been found to satisfy the relevant Directive seed conditions for basic seed;

(c)that has been imported into the United Kingdom as basic seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

(d)that is accompanied by —

(i)an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

(ii)the seed test report referred to in paragraph (b).

(3) This paragraph applies to basic seed —

(a)that complies with the requirements of paragraph 11(2)(a) to (d), and

(b)that was imported into the United Kingdom as basic seed of a variety that was unlisted at the time when the seed was imported but has since been listed.

UK officially certified early movement basic seed of a listed variety

13.—(1) In these Regulations “UK officially certified early movement basic 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 basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)seed of a previously listed variety officially certified as early movement basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to —

(a)basic 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) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii)that, subject to paragraph (iii), satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed;

(iii)for which the results of a Schedule 4 germination test are awaited but for which a provisional analytical report has been obtained indicating what the percentage of germination of the seed is likely to be; 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 basic seed;

(b)basic 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)basic seed of a listed variety —

(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and

(ii)that complies with the requirements of paragraph (a)(ii) to (iv); and

(d)basic seed of a previously listed variety —

(i)that has been imported into the United Kingdom as not finally certified basic 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,

other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or seed 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 National Assembly for Wales under regulation 13 to re-grade it as early movement basic seed.

EC officially certified early movement basic seed of a listed variety

14.  In these Regulations “EC officially certified early movement basic seed of a listed variety” means —

(a)basic seed of a listed variety officially certified as early movement basic seed by or on behalf of the competent seed certification authority in another member State, and

(b)basic seed of a previously listed variety officially certified as early movement basic seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

UK officially certified basic seed of a component of a listed hybrid variety

15.—(1) In these Regulations “UK officially certified basic seed of a component of a listed hybrid variety” means seed to which paragraph (2) or (3) applies.

(2) This paragraph applies to —

(a)seed of a component of a listed hybrid variety officially certified as basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)seed of a component of a previously listed hybrid variety officially certified as basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force in respect of seed of the hybrid variety.

(3) This paragraph applies to —

(a)basic seed of a component of a listed hybrid 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) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii)that satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and

(iii)for which a seed test report has been issued stating that it has been found 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 basic seed or that it has been found by such a test to satisfy all of those conditions except for the germination condition;

(b)basic seed of a component of a previously listed hybrid variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force in respect of seed of the hybrid variety;

(c)basic seed of a component of a listed hybrid variety —

(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and

(ii)that complies with the requirements of paragraph (a)(ii) and (iii);

(d)basic seed of a component of a previously listed hybrid variety —

(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii)for which a marketing extension is in force in respect of seed of the hybrid variety;

(e)basic seed —

(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii)that is a component of a hybrid variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,

other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development that has not been finally determined.

EC officially certified basic seed of a component of a listed hybrid variety

16.  In these Regulations “EC officially certified basic seed of a component of a listed hybrid variety” means —

(a)basic seed of a component of a listed hybrid variety officially certified as basic seed by or on behalf of the competent seed certification authority in another member State, and

(b)basic seed of a component of a previously listed hybrid variety officially certified as basic seed by or on behalf of the competent seed certification authority in another member State for which a marketing extension is in force in respect of seed of the hybrid variety.

Third country officially certified basic seed of a component of a listed hybrid variety

17.—(1) In these Regulations “third country officially certified basic seed of a component of a listed hybrid variety” means seed to which paragraph (2) or (3) applies.

(2) This paragraph applies to basic seed of a component of a listed hybrid variety —

(a)that was harvested from a crop that was produced —

(i)in an equivalent third country,

(ii)from a preceding generation of seed that was produced in accordance with the provisions specified in paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision; and

(b)that has been officially certified as basic seed by the approved seed certification authority in that country in accordance with —

(i)in the case of seed other than crucifers, the OECD Grass and Legume Seed Scheme, and

(ii)in the case of crucifers, the OECD Crucifer and Oil and Fibre Seed Scheme; and

(iii)in both cases, the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;

(c)that has been packed in packages that have been officially closed and marked in accordance with —

(i)in the case of seed other than crucifers, the OECD Grass and Legume Seed Scheme, and

(ii)in the case of crucifers, the OECD Crucifer and Oil and Fibre Seed Scheme;

and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and

(d)that has been imported into the United Kingdom and was accompanied by —

(i)an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as basic seed; and

(ii)subject to paragraph (iii), an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for basic seed other than those relating to varietal identity and varietal purity; or

(iii)in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii).

(3) This paragraph applies to basic seed of a component —

(a)of a previously listed hybrid variety that is on the OECD List and for which a marketing extension is in force, and

(b)that complies with the requirements of paragraph (2)(a) to (d).

Overseas tested officially certified basic seed of a component of a listed hybrid variety

18.—(1) In these Regulations “overseas tested officially certified basic seed of a component of a listed hybrid variety” means basic seed to which paragraph (2) or (3) applies.

(2) This paragraph applies to basic seed of a component of a listed hybrid variety —

(a)that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for basic seed;

(b)for which a seed test report has been issued —

(i)by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or

(ii)by a licensed EC seed testing station in either of the member States referred to in paragraph (i),

  • stating that the seed has been found to satisfy the relevant Directive seed conditions for basic seed;

(c)that has been imported into the United Kingdom as a component of a hybrid variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed, and

(d)that is accompanied by —

(i)an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

(ii)the seed test report referred to in paragraph (b).

(3) This paragraph applies to basic seed of a component of a listed hybrid variety —

(a)that complies with the requirements of paragraph 17(2)(a) to (d), and

(b)that was imported into the United Kingdom as basic seed of a component of a hybrid variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed.

UK officially certified early movement basic seed of a component of a listed hybrid variety

19.—(1) In these Regulations “UK officially certified early movement basic seed of a component of a listed hybrid variety” means seed of which paragraph (2) or (3) applies.

(2) This paragraph applies to —

(a)seed of a component of a listed hybrid variety officially certified as early movement basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)seed of a component of a previously listed hybrid variety officially certified as early movement basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force in respect of seed of the hybrid variety.

(3) This paragraph applies to —

(a)basic seed of a component of a listed hybrid 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) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii)that, subject to paragraph (iii), satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed;

(iii)for which the results of a Schedule 4 germination test are awaited but for which a provisional analytical report has been obtained indicating what the percentage of germination of the seed is likely to be; 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 basic seed;

(b)basic seed of a component of a previously listed hybrid variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force in respect of seed of the hybrid variety;

(c)basic seed of a component of a listed hybrid variety —

(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and

(ii)complies with the requirements of paragraph (a)(ii) to (iv); and

(d)basic seed of a component of a previously listed hybrid variety —

(i)that has been imported into the United Kingdom as not finally certified basic 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 in respect of seed of the hybrid variety,

other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development that has not been finally determined.

EC officially certified early movement basic seed of a component of a listed hybrid variety

20.  In these Regulations “EC officially certified early movement basic seed of a component of a listed hybrid variety” means —

(a)basic seed of a component of a listed hybrid variety officially certified as early movement basic seed by or on behalf of the competent seed certification authority in another member State, and

(b)basic seed of a component of a previously listed hybrid variety officially certified as early movement basic seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force in respect of seed of the hybrid variety.

Officially certified basic seed

21.  In these Regulations “officially certified basic seed” means —

(a)UK officially certified basic seed of a listed variety;

(b)EC officially certified basic seed of a listed variety;

(c)third country officially certified basic seed of a listed variety;

(d)overseas tested officially certified basic seed of a listed variety;

(e)UK officially certified early movement basic seed of a listed variety;

(f)EC officially certified early movement basic seed of a listed variety;

(g)UK officially certified basic seed of a component of a listed hybrid variety;

(h)EC officially certified basic seed of a component of a listed hybrid variety;

(i)third country officially certified basic seed of a component of a listed hybrid variety;

(j)overseas tested officially certified basic seed of a component of a listed hybrid variety;

(k)UK officially certified early movement basic seed of a component of a listed hybrid variety; and

(l)EC officially certified early movement basic seed of a component of a listed hybrid variety.

PART IIIMeaning of CS seed and similar expressions

CS seed

22.  In these Regulations in relation to all seed, other than field beans, field peas, Lucerne Medicago sativa, lupins and vetches, “CS seed” means seed that —

(a)has been produced directly from officially certified basic seed or, with the breeder’s written authority, from officially certified pre-basic seed, and

(b)is intended for purposes other than the production of fodder plant seed.

UK officially certified CS seed of a listed variety

23.—(1) In these Regulations “UK officially certified CS 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 CS seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)seed of a previously listed variety officially certified as CS seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to —

(a)CS 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 CS seed is to be produced;

(ii)that satisfies the conditions laid down in Parts II and III of Schedule 4 for CS seed; and

(iii)for which a seed test report has been issued stating that it has been found 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 CS seed;

(b)CS seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;

(c)CS seed of a listed variety —

(i)that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State, and

(ii)that complies with the requirements of paragraph (a)(ii) and (iii);

(d)CS seed of a previously listed variety —

(i)that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State;

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii)for which a marketing extension is in force;

(e)CS seed —

(i)that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State or an equivalent third country;

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii)is of a variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed;

(f)CS seed of a listed variety —

(i)that has been imported into the United Kingdom as not finally certified CS seed harvested in an equivalent third country, and

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(g)CS 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 CS seed harvested in an equivalent third country;

(iii)that complies with the requirements of paragraph (a)(ii) and (iii); 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 bee, 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 National Assembly for Wales under regulation 13 to re-grade it as CS seed.

EC officially certified CS seed of a listed variety

24.  In these Regulations “EC officially certified CS seed of a listed variety” means —

(a)CS seed of a listed variety officially certified as CS seed by or on behalf of the competent seed certification authority in another member State, and

(b)CS seed of a previously listed variety officially certified as CS seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Third country officially certified CS seed of a listed variety

25.—(1) In these Regulations “third country officially certified CS seed of a listed variety” means seed to which paragraph (2) or (3) applies.

(2) This paragraph applies to CS seed of a listed variety —

(a)that was harvested from a crop that was produced in an equivalent third country from basic seed that was produced in accordance with the provisions of paragraph 6 of Part B of the Annex to the Third Country Equivalence Decision;

(b)that has been officially certified as basic seed by the approved seed certification authority in that country in accordance with —

(i)in the case of seed other than crucifers, the OECD Grass and Legume Seed Scheme, and

(ii)in the case of crucifers, the OECD Crucifer and Oil and Fibre Seed Scheme; and

(iii)in both cases, the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;

(c)that has been packed in packages that have been officially closed and marked in accordance with —

(i)in the case of seed other than crucifers, the OECD Grass and Legume Seed Scheme, and

(ii)in the case of crucifers, the OECD Crucifer and Oil and Fibre Seed Scheme;

and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of the Annex II to the Third Country Equivalence Decision; and

(d)that has been imported into the United Kingdom and was accompanied by —

(i)an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as CS seed; and

(ii)subject to paragraph (iii), an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for CS seed other than those relating to varietal identity and varietal purity; or

(iii)in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii).

(3) This paragraph applies to CS seed —

(a)of a previously listed variety that is on the OECD List and for which a marketing extension is in force, and

(b)that complies with the requirements of paragraph (2)(a) to (d).

Overseas tested officially certified CS seed of a listed variety

26.—(1) In these Regulations “overseas tested officially certified CS seed of a listed variety” means CS seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to CS seed —

(a)that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop had been found to satisfy the relevant Directive crop conditions for CS seed;

(b)for which a seed test report has been issued —

(i)by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or

(ii)by a licensed EC seed testing station in either of the member States referred to in paragraph (i),

stating that the seed has been found to satisfy the relevant Directive seed conditions for CS seed;

(c)that has been imported into the United Kingdom as CS seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

(d)that is accompanied by —

(i)an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

(ii)the seed test report referred to in paragraph (b).

(3) This paragraph applies to CS seed —

(a)that was harvested from a crop produced in an equivalent third country for which a field inspection report was issued by the approved seed certification authority or a licensed third country crop inspector in that country stating that the crop had been found to satisfy the relevant Directive crop conditions for CS seed;

(b)that was subsequently imported into a member State other than the United Kingdom and for which a seed test report has been issued by or on behalf of the competent seed certification authority or by a licensed EC seed testing station in that member State, stating that the seed has been found to satisfy the relevant Directive seed conditions for CS seed;

(c)that has been imported into the United Kingdom as CS seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

(d)that is accompanied by —

(i)an Annex II.A(3) official certificate relating to the crop from which the seed was harvested issued by the approved seed certification authority in the third country referred to in paragraph (a) stating that the crop has been found to satisfy the relevant crop conditions for CS seed, and

(ii)the seed test report referred to in paragraph (b).

(4) This paragraph applies to CS seed —

(a)that complies with the requirements of paragraph 25(2)(a) and (d), and

(b)that was imported into the United Kingdom as CS seed of a variety that was unlisted at the time when the seed was imported but has since been listed.

UK officially certified early movement CS seed of a listed variety

27.—(1) In these Regulations “UK officially certified early movement CS 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 CS seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)seed of a previously listed variety officially certified as early movement CS seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to —

(a)CS 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 CS seed is to be produced;

(ii)that, subject to paragraph (iii), satisfies the conditions laid down in Parts II and III of Schedule 4 for CS 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 CS 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 CS seed;

(b)CS 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)CS seed of a listed variety —

(i)that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State, and

(ii)complies with the requirements of paragraph (a)(ii) to (iv);

(d)CS seed of a previously listed variety —

(i)that has been imported into the United Kingdom as not finally certified CS 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;

(e)CS seed of a listed variety —

(i)that has been imported into the United Kingdom as not finally certified CS seed harvested in an equivalent third country, and

(ii)that complies with the requirements of paragraph (a)(ii) to (iv);

(f)CS 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 CS seed harvested in an equivalent third country;

(iii)that complies with the requirements of paragraph (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 Secretary of State, the Scottish Ministers 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 National Assembly for Wales under regulation 13 to re-grade it as early movement CS seed.

EC officially certified early movement CS seed of a listed variety

28.  In these Regulations “EC officially certified early movement CS seed of a listed variety” means —

(a)CS seed of a listed variety officially certified as early movement CS seed by or on behalf of the competent seed certification authority in another member State, and

(b)CS seed of a previously listed variety officially certified as early movement CS seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Officially certified CS seed

29.  In these Regulations “officially certified CS seed” means —

(a)UK officially certified CS seed of a listed variety;

(b)EC officially certified CS seed of a listed variety;

(c)third country officially certified CS seed of a listed variety;

(d)overseas tested officially certified CS seed of a listed variety;

(e)UK officially certified early movement CS seed of a listed variety; and

(f)EC officially certified early movement CS seed of a listed variety.

C1 seed

30.  In these Regulations, in relation to field beans, field peas, Lucerne Medicago sativa, lupins and vetches, “C1 seed” means seed that —

(a)has been produced directly from officially certified basic seed or, with the breeder’s written authority, from officially certified pre-basic seed, and

(b)is intended —

(i)in the case of field beans and field peas, for production of C2 seed, or

(ii)in the case of field beans, field peas, Lucerne Medicago sativa, lupins and vetches, for purposes other than the production of fodder plant seed.

UK officially certified C1 seed of a listed variety

31.—(1) In these Regulations “UK officially certified C1 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 C1 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)seed of a previously listed variety officially certified as C1 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to —

(a)C1 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 C1 seed is to be produced;

(ii)that satisfies the conditions laid down in Parts II and III of Schedule 4 for C1 seed; and

(iii)for which a seed test report has been issued stating that it has been found 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 C1 seed;

(b)C1 seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;

(c)C1 seed of a listed variety —

(i)that has been imported into the United Kingdom as not finally certified C1 seed harvested in another member State, and

(ii)that complies with the requirements of paragraph (a)(ii) and (iii);

(d)C1 seed of a previously listed variety —

(i)that has been imported into the United Kingdom as not finally certified C1 seed harvested in another member State;

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii)for which a marketing extension is in force;

(e)C1 seed —

(i)that has been imported into the United Kingdom as not finally certified C1 seed harvested in another member State or an equivalent third country;

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii)is of a variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed;

(f)C1 seed of a listed variety —

(i)that has been imported into the United Kingdom as not finally certified C1 seed harvested in an equivalent third country, and

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(g)C1 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 C1 seed harvested in an equivalent third country;

(iii)that complies with the requirements of paragraph (a)(ii) and (iii); 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 Secretary of State, the Scottish Ministers 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 National Assembly for Wales under regulation 13 to re-grade it as C1 seed.

EC officially certified C1 seed of a listed variety

32.  In these Regulations “EC officially certified C1 seed of a listed variety” means —

(a)C1 seed of a listed variety officially certified as C1 seed by the competent seed certification authority in another member State, and

(b)C1 seed of a previously listed variety officially certified as C1 seed by the competent seed certification authority in another member State and for which a marketing extension is in force.

Third country officially certified C1 seed of a listed variety

33.—(1) In these Regulations “third country officially certified C1 seed of a listed variety” means C1 seed to which paragraph (2) or (3) applies.

(2) This paragraph applies to C1 seed of a listed variety —

(a)that was harvested from a crop that has been produced in an equivalent third country from a preceding generation of seed that was produced in accordance with the provisions of paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision;

(b)that has been officially certified as basic seed by the approved seed certification authority in that country in accordance with the OECD Grass and Legume Seed Scheme and the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;

(c)that has been packed in packages that have been officially closed and marked in accordance with —

(i)in the case of seed other than crucifers, the OECD Grass and Legume Seed Scheme, and

(ii)in the case of crucifers, the OECD Crucifer and Oil and Fibre Seed Scheme;

and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and

(d)that has been imported into the United Kingdom and was accompanied by —

(i)an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as C1 seed; and

(ii)subject to paragraph (iii), an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for C1 seed other than those relating to varietal identity and varietal purity; or

(iii)in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii).

(3) This paragraph applies to C1 seed —

(a)of a previously listed variety that is on the OECD List and for which a marketing extension is in force, and

(b)that complies with the requirements of paragraph (2)(a) to (d).

Overseas tested officially certified C1 seed of a listed variety

34.—(1) In these Regulations “overseas tested officially certified C1 seed of a listed variety” means C1 seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to C1 seed —

(a)that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report has been issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for C1 seed;

(b)for which a seed test report has been issued —

(i)by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or

(ii)by a licensed EC seed testing station in either of the member States referred to in paragraph (i),

stating that the seed has been found to satisfy the relevant Directive seed conditions for C1 seed;

(c)that has been imported into the United Kingdom as C1 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

(d)that is accompanied by —

(i)an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

(ii)the seed test report referred to in paragraph (b).

(3) This paragraph applies to C1 seed —

(a)that was harvested from a crop produced in an equivalent third country for which a field inspection report was issued by the approved seed certification authority or a licensed third country crop inspector in that country stating that the crop had been found to satisfy the relevant Directive crop conditions for C1 seed;

(b)that was subsequently imported into a member State other than the United Kingdom and for which a seed test report has been issued by or on behalf of the competent seed certification authority or by a licensed EC seed testing station in that member State, stating that the seed has been found to satisfy the relevant Directive seed conditions for C1 seed;

(c)that has been imported into the United Kingdom as C1 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

(d)that is accompanied by —

(i)an Annex II.A(3) official certificate relating to the crop from which the seed was harvested issued by the approved seed certification authority in the third country referred to in paragraph (a) stating that the crop has been found to satisfy the relevant crop conditions for C1 seed, and

(ii)the seed test report referred to in paragraph (b).

(4) This paragraph applies to C1 seed —

(a)that complies with the requirements of paragraph 33(2)(a) to (d), and

(b)that was imported into the United Kingdom as C1 seed of a variety that was unlisted at the time when the seed was imported but has since been listed.

UK officially certified early movement C1 seed of a listed variety

35.—(1) In these Regulations “UK officially certified early movement C1 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 C1 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)seed of a previously listed variety officially certified as early movement C1 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to —

(a)C1 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 C1 seed is to be produced;

(ii)that, subject to paragraph (iii), satisfies the conditions laid down in Parts II and III of Schedule 4 for C1 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 C1 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 C1 seed;

(b)C1 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)C1 seed of a listed variety —

(i)that has been imported into the United Kingdom as not finally certified C1 seed harvested in another member State, and

(ii)complies with the requirements of paragraph (a)(ii) to (iv);

(d)C1 seed of a previously listed variety —

(i)that has been imported into the United Kingdom as not finally certified C1 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;

(e)C1 seed of a listed variety —

(i)that has been imported into the United Kingdom as not finally certified C1 seed harvested in an equivalent third country, and

(ii)that complies with the requirements of paragraph (a)(ii) to (iv);

(f)C1 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 C1 seed harvested in an equivalent third country;

(iii)that complies with the requirements of paragraph (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 Secretary of State, the Scottish Ministers 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 National Assembly for Wales under regulation 13 to re-grade it as early movement C1 seed.

EC officially certified early movement C1 seed of a listed variety

36.  In these Regulations “EC officially certified early movement C1 seed of a listed variety” means —

(a)C1 seed of a listed variety officially certified as early movement C1 seed by the competent seed certification authority in another member State, and

(b)C1 seed of a previously listed variety officially certified as early movement C1 seed by the competent seed certification authority in another member State and for which a marketing extension is in force.

Officially certified C1 seed

37.  In these Regulations “officially certified C1 seed” means —

(a)UK officially certified C1 seed of a listed variety;

(b)EC officially certified C1 seed of a listed variety;

(c)third country officially certified C1 seed of a listed variety;

(d)overseas tested officially certified C1 seed of a listed variety;

(e)UK officially certified early movement C1 seed of a listed variety; and

(f)EC officially certified early movement C1 seed of a listed variety.

C2 seed

38.  In these Regulations, in relation to field beans, field peas, Lucerne Medicago sativa, lupins and vetches, “C2 seed” means seed —

(a)that has been produced directly from —

(i)officially certified basic seed;

(ii)officially certified C1 seed; or

(iii)with the breeder’s written authority, from officially certified pre-basic seed, and

(b)that is intended for purposes other than the production of fodder plant seed.

UK officially certified C2 seed of a listed variety

39.—(1) In these Regulations, in relation to field beans and field peas, “UK officially certified 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 C2 seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)seed of a previously listed variety officially certified as C2 seed by or on behalf of the Secretary of State, the Scottish Ministers 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 satisfies the conditions laid down in Parts II and III of Schedule 4 for C2 seed; and

(iii)for which a seed test report has been issued stating that it has been found 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 (iii) 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) and (iii);

(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 or an equivalent third country;

(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii)for which a marketing extension is in force; and

(e)C2 seed —

(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) and (iii); and

(iii)is of a variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,

(f)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) and (iii); and

(g)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) and (iii); 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 Secretary of State, the Scottish Ministers 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 National Assembly for Wales under regulation 13 to re-grade it as C2 seed.

EC officially certified C2 seed of a listed variety

40.  In these Regulations “EC officially certified C2 seed of a listed variety” means —

(a)C2 seed of a listed variety officially certified as C2 seed by the competent seed certification authority in another member State, and

(b)C2 seed of a previously listed variety officially certified as C2 seed by the competent seed certification authority in another member State and for which a marketing extension is in force.

“Third country officially certified C2 seed of a listed variety

41.  In these Regulations “third country officially certified C2 seed of a listed variety” manes C2 seed of an approved species to which paragraph (2) or (3) applies.

(1) This paragraph applies to C2 seed of a listed variety that —

(a)was harvested from a crop that was produced—

(i) in an equivalent third country, and

(ii)from a preceding generation of seed that was produced in accordance with the provisions of paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision;

(b)has been officially certified as C2 seed by the approved seed certification authority in that country in accordance with the OECD Grass and Legume Seed Scheme and the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;

(c)has been packed in packages that have been officially closed and marked in

accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and

(d)has been imported into the United Kingdom and was accompanied by —

(i)an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as C2 seed; and

(ii)subject to paragraph (iii), an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for C2 seed other than those relating to varietal identity and varietal purity; or

(iii)in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii).

(2) This paragraph applies to C2 seed —

(a)of a previously listed variety that is on the OECD List and for which a marketing extension is in force; and

(b)that complies with the requirements of paragraphs (2)(a) to (d).

Overseas tested officially certified C2 seed of a listed variety

42.  In these Regulations “overseas tested officially certified C2 seed of a listed variety” means C2 seed to which paragraph (2), (3) or (4) applies.

(1) This paragraph applies to C2 seed —

(a)that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report has been issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for C2 seed;

(b)for which a seed test report has been issued —

(i)by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or

(ii)by a licensed EC seed testing station in either of the member States referred to in paragraph (i),

stating that the seed has been found to satisfy the relevant Directive seed conditions for C2 seed;

(c)that has been imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

(d)that is accompanied by —

(i)an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

(ii)the seed test report referred to in paragraph (b).

(2) This paragraph applies to C2 seed of an approved species that —

(a)was harvested from a crop produced in an equivalent third country for which a field inspection report was issued by the approved seed certification authority or a licensed third country crop inspector in that country stating that the crop had been found to satisfy the relevant Directive crop conditions for C2 seed;

(b)was subsequently imported into a member State other than the United Kingdom and for which a seed test report has been issued by or on behalf of the competent seed certification authority or by a licensed EC seed testing station in that member State, stating that the seed has been found to satisfy the relevant Directive seed conditions for C2 seed;

(c)has been imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

(d)is accompanied by —

(i)an Annex II.A(3) official certificate relating to the crop from which the seed was harvested issued by the approved seed certification authority in the third country referred to in paragraph (a) stating that the crop has been found to satisfy the relevant crop conditions for C2 seed, and

(ii)the seed test report referred to in paragraph (b).

(3) This paragraph applies to C2 seed of an approved species that —

(a)complies with the requirements of paragraph 41(1)(a) to (d), and

(b)was imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed.

UK officially certified early movement C2 seed of a listed variety

43.—(1) In these Regulations, in relation to field beans and field peas, “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 Secretary of State, the Scottish Ministers 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 Secretary of State, the Scottish Ministers 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 paragraph (iii), satisfies the conditions laid down in Parts II and III 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);

(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,

(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 Secretary of State, the Scottish Ministers 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 National Assembly for Wales under regulation 13 to re-grade it as early movement C2 seed.

EC officially certified early movement C2 seed of a listed variety

44.  In these Regulations “EC officially certified early movement C2 seed of a listed variety” means —

(a)C2 seed of a listed variety officially certified as early movement C2 seed by the competent seed certification authority in another member State, and

(b)C2 seed of a previously listed variety officially certified as early movement C2 seed by the competent seed certification authority in another member State and for which a marketing extension is in force.

Officially certified C2 seed

45.  In these Regulations “officially certified C2 seed” means —

(a)UK officially certified C2 seed of a listed variety;

(b)EC officially certified C2 seed of a listed variety;

(bb)third country officially certified C2 seed of a listed variety;

(c)overseas tested officially certified C2 seed of a listed variety;

(d)UK officially certified early movement C2 seed of a listed variety; and

(e)EC officially certified early movement C2 seed of a listed variety.

PART IVMeaning of commercial seed and similar expressions

Commercial seed

46.  In these Regulations “commercial seed” means seed of annual meadowgrass, Hungarian vetch or sainfoin that is identifiable as to its species.

UK officially certified commercial seed

47.—(1) In these Regulations “UK officially certified commercial seed” means seed to which paragraph (2) or (3) applies.

(2) This paragraph applies to seed officially certified as commercial seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development.

(3) This paragraph applies to commercial seed —

(a)that satisfies the conditions laid down in Parts II and III of Schedule 4 for commercial seed, and

(b)for which a seed test report has been issued stating that it has been found 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 commercial seed,

other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development that has not been finally determined.

EC officially certified commercial seed

48.  In these Regulations “EC officially certified commercial seed” means commercial seed officially certified as commercial seed by the competent seed certification authority in another member State.

UK officially certified early movement commercial seed

49.—(1) In these Regulations “UK officially certified early movement commercial seed” means seed to which paragraph (2) or (3) applies.

(2) This paragraph applies to seed officially certified as early movement commercial seed by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development.

(3) This paragraph applies to commercial seed —

(a)that, subject to paragraph (b), satisfies the conditions laid down in Part II and III of Schedule 4 for commercial seed;

(b)for which the results of a Schedule 4 germination test are awaited to determine whether the seed will satisfy the applicable germination standard for commercial seed but for which a provisional analytical report has been obtained indicating that the seed is likely to meet that standard; and

(c)for which a seed test report has been issued stating that it has been found 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 commercial seed except for the germination condition and stating that the results of the Schedule 4 germination test are awaited,

other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development that has not been finally determined.

EC officially certified early movement commercial seed

50.  In these Regulations “EC officially certified early movement commercial seed” means commercial seed officially certified as early movement commercial seed by the competent seed certification authority in another member State.

Officially certified commercial seed

51.  In these Regulations “officially certified commercial seed” means —

(a)UK officially certified commercial seed;

(b)EC officially certified commercial seed;

(c)UK officially certified early movement commercial seed; and

(d)EC officially certified early movement commercial seed.

Early multiplication

52.—(1) The requirement contained in paragraph 22(a) (that CS seed be produced directly from officially certified basic seed, or, with the breeder’s written authority, from officially certified pre-basic seed) shall be treated as having been complied with in relation to CS seed in a case where —

(a)the CS seed (in this paragraph called “the harvested CS seed”) was harvested from a crop produced from pre-basic seed to which paragraph (4) applies or basic seed to which paragraph (5) or (6) applies, and

(b)the variety of the harvested CS seed was not listed at the time when the pre-basic or basic seed referred to in paragraph (a) was sown but was subject to an application for listing at that time which was subsequently granted.

(2) The requirement contained in paragraph 30(a) (that C1 seed be produced directly from officially certified basic seed, or, with the breeder’s written authority, from officially certified pre-basic seed) shall be treated as having been complied with in relation to C1 seed in a case where —

(a)the C1 seed (in this paragraph called “the harvested C1 seed”) was harvested from a crop produced from pre-basic seed to which paragraph (4) applies or basic seed to which paragraph (5) applies, and

(b)the variety of the harvested C1 seed was not listed at the time when the pre-basic or basic seed referred to in paragraph (a) was sown but was subject to an application for listing at that time which was subsequently granted.

(3) The requirement contained in paragraph 38(a) (that C2 seed be produced directly from officially certified basic seed, officially certified C1 seed or, with the breeder’s written authority, from officially certified pre-basic seed) shall be treated as having been complied with in relation to C2 seed in a case where —

(a)the C2 seed (in this paragraph called “the harvested C2 seed”) was harvested from a crop produced from pre-basic seed to which paragraph (4) applies, basic seed to which paragraph (5) applies or C1 seed to which paragraph (7) applies, and

(b)the variety of the harvested C2 seed was not listed at the time when the pre-basic, basic or C1 seed referred to in paragraph (a) was sown but was subject to an application for listing at that time which was subsequently granted.

(4) This paragraph applies to pre-basic seed —

(a)that has been harvested from a crop —

(i)produced in the United Kingdom and found by an official UK field inspection to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced, or

(ii)produced in another member State and found by a field inspection of the crop carried out by or on behalf of the competent seed certification authority in that State to satisfy the Directive crop conditions for basic seed,

(b)that —

(i)was found by an official UK seed test or a UK seed test carried out under official supervision to satisfy the conditions laid down in Part II of Schedule 4 for basic seed, or

(ii)was found by seed testing carried out by or on behalf of the competent seed certification authority or a licensed EC seed testing station in another member State, to satisfy the Directive seed conditions for basic seed; and

(c)that was of the same variety as the harvested CS, C1 or C2 seed (as the case may be).

(5) This paragraph applies to basic seed —

(a)that has been harvested from a crop —

(i)produced in the United Kingdom and found by an official UK field inspection to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii)produced in another member State and found by a field inspection of the crop carried out by or on behalf of the competent seed certification authority in that State to satisfy the Directive crop conditions for basic seed; or

(iii)produced in an equivalent third country and found by a field inspection of the crop carried out by the approved seed certification authority in that country to satisfy the Directive crop conditions for basic seed;

(b)that —

(i)was found by an official UK seed test or a UK seed test carried out under official supervision to satisfy the conditions laid down in Part II of Schedule 4 for basic seed;

(ii)was found by seed testing carried out by or on behalf of the competent seed certification authority or a licensed EC seed testing station in another member State to satisfy the Directive seed conditions for basic seed; or

(iii)was found by seed testing carried out by the approved seed certification authority or a licensed third country seed testing station in an equivalent third country to satisfy the Directive seed conditions for basic seed; and

(c)that was of the same variety as the harvested CS, C1 or C2 seed (as the case may be).

(6) This paragraph applies to basic seed of a component of a hybrid variety —

(a)that complied with the requirements of paragraph (5)(a) and (b), and

(b)that was a component in the production of the harvested CS seed.

(7) This paragraph applies to C1 seed —

(a)that has been harvested from a crop —

(i)produced in the United Kingdom and found by an official UK field inspection to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which C1 seed is to be produced;

(ii)produced in another member State and found by a field inspection of the crop carried out by or on behalf of the competent seed certification authority or a licensed EC field inspector in that State to satisfy the Directive crop conditions for C1 seed; or

(iii)produced in an equivalent third country and found by a field inspection of the crop carried out by the approved seed certification authority or a licensed third country crop inspector in that country to satisfy the Directive crop conditions for C1 seed;

(b)that —

(i)was found by an official UK seed test or a UK seed test carried out under official supervision to satisfy the conditions laid down in Part II of Schedule 4 for C1 seed;

(ii)was found by seed testing carried out by or on behalf of the competent seed certification authority or a licensed EC seed testing station in another member State to satisfy the Directive seed conditions for C1 seed; or

(iii)was found by seed testing carried out by the approved seed certification authority or a licensed third country seed testing station in an equivalent third country to satisfy the Directive seed conditions for C1 seed; and

(c)that was of the same variety as the harvested C2 seed.

PART VMeaning of expressions relating to imported not finally certified seed

Not finally certified pre-basic seed harvested in another member State

53.—(1) In these Regulations “not finally certified pre-basic seed harvested in another member State” means pre-basic seed —

(a)to which paragraph (2) applies;

(b)that has been harvested from a crop produced in another member State and has been found by a field examination of the crop carried out by or on behalf of the competent seed certification authority in the member State to satisfy the Directive crop conditions for basic seed;

(c)that has been packed in a sealed package in accordance with the requirements of Article 9(1) of the Fodder Plant Seed Directive and is labelled with a grey label;

(d)that has been imported into the United Kingdom as not finally certified seed; and

(e)that is accompanied by an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State in which the seed was harvested.

(2) This paragraph applies to pre-basic seed of —

(a)a listed variety;

(b)a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; or

(c)a previously listed variety for which a marketing extension is in force.

(3) In this paragraph “grey label” means, in relation to the seed contained in the package on which the label is affixed, a grey coloured label containing the following particulars —

(a)the authority responsible for the field inspection of the seed and the member State or their commonly used initials;

(b)the species of the seed indicated at least in Roman characters under its botanical name, which may be given in abridged form and without the author’s name; or

(c)the variety of the seed, indicated at least in Roman characters;

(d)the category of the seed;

(e)the field or lot reference number of the seed;

(f)the declared net or gross weight of the seed; and

(g)the words “seed not finally certified”.

Not finally certified basic seed harvested in another member State

54.—(1) In these Regulations “not finally certified basic seed harvested in another member State” means basic seed —

(a)to which paragraph (2) applies;

(b)that has been harvested from a crop produced in another member State and has been found by a field examination of the crop carried out by or on behalf of the competent seed certification authority in the member State to satisfy the Directive crop conditions for basic seed;

(c)that has been packed in a sealed package in accordance with the requirements of Article 9(1) of the Fodder Plant Seed Directive and is labelled with a grey label;

(d)that has been imported into the United Kingdom as not finally certified seed; and

(e)that is accompanied by an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State in which the seed was harvested.

(2) This paragraph applies to basic seed of —

(a)a listed variety;

(b)a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined;

(c)a previously listed variety for which a marketing extension is in force;

(d)a component of a listed hybrid variety;

(e)a component of a hybrid variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; or

(f)a component of a previously listed hybrid variety for which a marketing extension is in force.

(3) In this paragraph “grey label” shall have the same meaning as in paragraph 53(3).

Not finally certified CS seed harvested in another member State

55.—(1) In these Regulations “not finally certified CS seed harvested in another member State” means CS seed —

(a)to which paragraph (2) applies;

(b)that has been harvested from a crop —

(i)that has been produced in another member State directly from officially certified basic seed, and, in the case of a crop from which CS seed of a hybrid variety is to be harvested, includes a crop that has been produced from crossing basic seed officially certified by or on behalf of a competent seed certification authority in a member State with basic seed officially certified by an approved seed certified authority in an equivalent third country; and

(ii)that has been found by a field examination of the crop carried out by or on behalf of the competent seed certification authority in the member State, or, in the case of seed that has been harvested from a crop that has been produced from seed that has undergone official post-control the results of which have been satisfactory, by a field examination of the crop carried out by a licensed EC crop inspector in that member State, to satisfy the Directive crop conditions for CS seed;

(c)that has been packed in a sealed package in accordance with the requirements of Article 9(1) of the Fodder Plant Seed Directive and is labelled with a grey label;

(d)that has been imported into the United Kingdom as not finally certified seed; and

(e)that is accompanied by an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State in which the seed was harvested.

(2) This paragraph applies to CS seed of —

(a)a listed variety;

(b)a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; and

(c)a previously listed variety for which a marketing extension is in force.

(3) In this paragraph “grey label” shall have the same meaning as in paragraph 52(3).

Not finally certified C1 seed harvested in another member State

56.—(1) In these Regulations “not finally certified C1 seed harvested in another member State” means C1 seed —

(a)to which paragraph (2) applies;

(b)that has been harvested from a crop —

(i)that has been produced in another member State directly from officially certified basic seed, and

(ii)that has been found by a field examination of the crop carried out by or on behalf of the competent seed certification authority in the member State, or, in the case of seed that has been harvested from a crop that has been produced from seed that has undergone official post-control the results of which have been satisfactory, by a field examination of the crop carried out by a licensed EC crop inspector in that member State, to satisfy the Directive crop conditions for C1 seed;

(c)that has been packed in a sealed package in accordance with the requirements of Article 9(1) of the Fodder Plant Seed Directive and is labelled with a grey label;

(d)that has been imported into the United Kingdom as not finally certified seed; and

(e)that is accompanied by an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State in which the seed was harvested.

(2) This paragraph applies to C1 seed of —

(a)a listed variety;

(b)a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; and

(c)a previously listed variety for which a marketing extension is in force.

(3) In this paragraph “grey label” shall have the same meaning as in paragraph 53(3).

Not finally certified C2 seed harvested in another member State

57.—(1) In these Regulations “not finally certified C2 seed harvested in another member State” means C2 seed —

(a)to which paragraph (2) applies;

(b)that has been harvested from a crop —

(i)that has been produced in another member State directly from officially certified basic seed or C1 seed, and

(ii)that has been found by a field examination of the crop carried out by or on behalf of the competent seed certification authority in the member State, or, in the case of seed that has been harvested from a crop that has been produced from seed that has undergone official post-control the results of which have been satisfactory, by a field examination of the crop carried out by a licensed EC crop inspector in that member State, to satisfy the Directive crop conditions for C2 seed;

(c)that has been packed in a sealed package in accordance with the requirements of Article 9(1) of the Fodder Plant Seed Directive and is labelled with a grey label;

(d)that has been imported into the United Kingdom as not finally certified seed; and

(e)that is accompanied by an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State in which the seed was harvested.

(2) This paragraph applies to C2 seed of —

(a)a listed variety;

(b)a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; and

(c)a previously listed variety for which a marketing extension is in force.

(3) In this paragraph “grey label” shall have the same meaning as in paragraph 53(3).

Not finally certified CS seed harvested in an equivalent third country

58.—(1) In these Regulations “not finally certified CS seed harvested in an equivalent third country” means CS seed —

(a)to which paragraph (2) applies;

(b)that has been harvested from a crop —

(i)that has been produced in an equivalent third country directly from officially certified basic seed, and, in the case of a crop from which CS seed of a hybrid variety is to be harvested, includes a crop that has been produced from crossing basic seed officially certified by or on behalf of a competent seed certification authority in a member State with basic seed officially certified by an approved seed certified authority in an equivalent third country, and

(ii)that has been found, by a field inspection of the crop carried out by the approved seed certification authority in the equivalent third country in which the crop was produced, or a licensed third country field inspector in that country, in accordance with the conditions specified in Part A of Annex II to the Third Country Equivalence Decision, to satisfy the Directive crop conditions for CS seed;

(c)that has been packed in a sealed package and labelled in accordance with the requirements specified in paragraph 2 of Part A of Annex II to the Third Country Equivalence Decision;

(d)that has been imported into the United Kingdom as not finally certified seed; and

(e)that is accompanied by an Annex II.A(3) official certificate relating to the seed issued by the approved seed certification authority in the equivalent third country in which the seed was harvested.

(2) This paragraph applies to CS seed of —

(a)a listed variety;

(b)a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; or

(c)a previously listed variety that is on the OECD List and for which a marketing extension is in force.

Not finally certified C1 seed harvested in an equivalent third country

59.—(1) In these Regulations “not finally certified C1 seed harvested in an equivalent third country” means C1 seed —

(a)to which paragraph (2) applies;

(b)that has been harvested from a crop —

(i)that has been produced in an equivalent third country directly from officially certified basic seed, and

(ii)that has been found, by a field inspection of the crop carried out by the approved seed certification authority in the equivalent third country in which the crop was produced, or a licensed third country field inspector in that country, in accordance with the conditions specified in Part A of Annex II to the Third Country Equivalence Decision, to satisfy the Directive crop conditions for C1 seed;

(c)that has been packed in a sealed package and labelled in accordance with the requirements specified in paragraph 2 of Part A of Annex II to the Third Country Equivalence Decision;

(d)that has been imported into the United Kingdom as not finally certified seed; and

(e)that is accompanied by an Annex II.A(3) official certificate relating to the seed issued by the approved seed certification authority in the equivalent third country in which the seed was harvested.

(2) This paragraph applies to C1 seed of —

(a)a listed variety;

(b)a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; or

(c)a previously listed variety that is on the OECD List and for which a marketing extension is in force.

Not finally certified C2 seed harvested in an equivalent third country

60.—(1) In these Regulations “not finally certified C2 seed harvested in an equivalent third country” means C2 seed—

(a)to which paragraph (2) applies;

(b)that has been harvested from a crop that—

(i)has been produced in an equivalent third country directly from officially certified basic seed or C1 seed; and

(ii)has been found, by a field inpsection of the crop carried out by the approved seed certification authority in the equivalent third country in which the crop was produced, or a licensed third country field inspector in that country, in accordance with the conditions specified in Part A of Annex II to the Third Country Equivalence Decision, to satisfy the Directive crop conditions for C2 seed;

(c)that has been packed in a sealed package and labelled in accordance with the requirments specified in paragraph 2 of Part A of Annex II to the Third Country Equivalence Decision;

(d)that has been imported into the United Kingdom as not finally certified seed; and

(e)that is accompanied by an Annex II.A(3) official certificate relating to the seed issued by the approved seed certification authority in the equivalent third country in which the seed was harvested.

(2) This paragraph applies to C2 seed of—

(a)a listed variety;

(b)a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; or

(c)a previously listed variety that is on the OECD List and for which a marketing extension is in force.

Regulations 3, 5(1) and 22(2) and paragraph 2 of Schedule 3

SCHEDULE 2SPECIES OF SEED TO WHICH THESE REGULATIONS APPLY

1.  Seed of fine grasses of the following plant species —

(a)annual meadowgrass;

(b)brown top;

(c)creeping bent grass;

(d)festulolium;

(e)red fescue;

(f)red top;

(g)rough-stalked meadowgrass;

(h)sheep’s fescue (including fine-leaved fescue and hard fescue);

(i)smooth-stalked meadowgrass;

(j)velvet bent; and

(k)wood meadowgrass.

2.  Seed of fodder grasses of the following plant species —

(a)Alaska brome-grass;

(b)cocksfoot;

(c)hybrid ryegrass;

(d)Italian ryegrass;

(e)meadow fescue;

(f)perennial ryegrass;

(g)rescue grass;

(h)small Timothy;

(i)tall fescue;

(j)tall oatgrass; and

(k)Timothy.

3.  Seed of small seeded legumes of the following plant species —

(a)Alsike clover;

(b)birdsfoot trefoil;

(c)lucerne;

(d)red clover;

(e)sainfoin;

(f)trefoil, black medick; and

(g)white clover.

4.  Seed of large seeded legumes of the following plant species —

(a)blue lupin (also known as narrow-leaved lupin);

(b)common vetch;

(c)field bean;

(d)field pea;

(e)hairy vetch;

(f)Hungarian vetch;

(g)white lupin; and

(h)yellow lupin.

5.  Seed of crucifers of the following plant species —

(a)fodder kale;

(b)fodder radish; and

(c)swede.

Regulations 2(1), 8(8) to (12), (13)(b), (15)(c) and (18)(a), 10(3)(a) and (b), (4)(a), (b) and (c), 11(15)(a) and (b), 13(5)(d) and 14(1)(b), paragraphs 2(3)(a), 5(3)(a), 9(3)(a), 13(3)(a), 15(3)(a), 19(3)(a), 23(3)(a), 27(3)(a), 31(3)(a), 35(3)(a), 39(3)(a), 43(3)(a), 51(4)(a), (5)(a) and (7)(a) of Schedule 1 and paragraph 3 of Schedule 4

SCHEDULE 3CONDITIONS RELATING TO CROPS FROM WHICH SEED IS TO BE HARVESTED

1.  The previous cropping of the field shall not have been incompatible with the production of seeds of the species and variety of the crop and the field shall be sufficiently free from plants which are volunteers from previous cropping.

2.  Subject to paragraph 3, the crop shall conform to the following standards as regards the minimum distances from neighbouring sources of pollen which may result in undesirable foreign pollination —

CropMinimum distance
12

(a)Fodder kale and swede —

(i)for the production of basic seed

400 metres

(ii)for the production of CS seed

200 metres

(b)Crops of a species specified in Schedule 2 other than field peas, fodder kale, apomictic uni clonal varieties of smooth stalked meadow grass and swede —

(i)for the production of seed intended for multiplication, fields up to 2 hectares

200 metres

(ii)for the production of seed intended for multiplication, fields over 2 hectares

100 metres

(iii)for the production of seed intended for the production of fodder plants, fields up to 2 hectares

100 metres

(iv)for the production of seed intended for the production of fodder plants, fields over 2 hectares

50 metres

3.  Paragraph 2 shall not apply if there is sufficient protection from any undesirable foreign pollination.

4.  Subject to paragraphs 5 and 6, the crop shall have sufficient varietal identity and varietal purity.

5.—(1) In the case of seed of a species to which paragraph (2) applies, the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed —

(a)one per 30 square metres for the production of basic seed, and

(b)one per 10 square metres for the production of CS seed.

(2) This paragraph applies to —

(a)all grasses except smooth stalked meadowgrass;

(b)Alsike clover;

(c)birdsfoot trefoil;

(d)fodder radish;

(e)lucerne;

(f)lupins;

(g)red clover;

(h)sainfoin;

(i)trefoil, black medick;

(j)vetches; and

(k)white clover.

6.  In the case of smooth stalked meadowgrass, the number of plants which are recognisable as obviously not being true to the variety shall not exceed —

(a)for the production of basic seed, one plant per 20 square metres, and

(b)for the production of CS seed —

(i)except in the case of an apomictic uniclonal variety, four plants per 10 square metres, and

(ii)in the case of an apomictic uniclonal variety, six plants per 10 square metres.

7.  Subject to paragraph 8, plants of other species, the seeds of which are difficult to distinguish from the crop seeds in a laboratory test, shall be at a low level.

8.  In the case of festulolium and hybrid, Italian and perennial ryegrass, the number of plants of a Lolium species or festulolium, other than the crop species itself, shall not exceed —

(a)one per 50 square metres for the production of basic seed, and

(b)one per 10 square metres for the production of CS seed.

9.  A crop to produce pre-basic, basic or CS seed of hybrid or Italian ryegrass shall not be used to produce a crop in the second harvest year unless —

(a)pre-basic seed was produced in the first harvest year in which case basic seed may be produced in the second harvest year;

(b)basic seed was produced in the first harvest year from a crop grown from officially certified pre-basic seed, in which case CS seed may be produced in the second harvest year; or

(c)for a tetraploid variety of hybrid ryegrass, CS seed was produced in the first harvest year from a crop grown from officially certified basic seed, in which case CS seed may be produced in the second harvest year.

10.  Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

11.—(1) A crop from which basic seed is to be produced shall be examined by an official field inspection to determine whether the crop meets the conditions set out in this Schedule and in Part I of Schedule 4.

(2) A crop from which CS, C1 or C2 seed is to be produced shall be examined by means of an official field inspection or an inspection carried out under official supervision to determine whether the crop meets the conditions set out in this Schedule and in Part I of Schedule 4.

(3) Field inspections shall be carried out at a time when the condition and stage of development of the crop permit an adequate examination.

(4) At least one field inspection of the crop shall be carried out.

12.  For the purpose of determining whether a crop from which pre-basic seed is to be produced meets the conditions laid down in this Schedule, the crop from which such seed is to be produced shall be treated in the same way as a crop from which basic seed is to be produced.

Regulations 2(1), 8(8)(a) and (b), (9) to (12), (13)(b), (15)(c) and (18)(a), 10(3)(a) and (b), (4)(a), (b) and (c), 11(6),(7), (8)(a), (9) to (13) and (15)(a) and (b), 13(3)(a) and (b), (4), (5)(d), (e) and (f), 14(1)(b) and (c), 16(2)(a) and (3), 17(2) paragraphs 2(3)(a), 5(3)(a), 9(3)(a), 13(3)(a), 15(3)(a), 19(3)(a), 23(3)(a), 27(3)(a), 31(3)(a), 35(3)(a), 39(3)(a), 43(3)(a), 47(3)(a) and (b), 49(3), 52(4)(a) and (b), (5)(a) and (b) and (7)(a) and (b) of Schedule 1 and paragraph 11(1) and (2) of Schedule 3

SCHEDULE 4CONDITIONS TO BE SATISFIED BY THE SEED

PART IConditions to be examined mainly by field inspections

1.  The seed shall have sufficient varietal identity and varietal purity.

2.  In the case of seed of the species and type specified in column 1 of the table below, the minimum varietal purity shall conform to the standards specified in the corresponding entry in column 2 of the table—

Species and categoryMinimum varietalpurity standard (percentage by number)
Column (1)Column (2)

(a)Fodder kale, apomictic uniclonal varieties of smooth-stalked meadowgrass and swede —

(i)basic seed

99.7

(ii)CS seed

98.0

(b)Field beans and field peas —

(i)basic seed

99.7
4 (ii) C1 seed99.0

(iii)C2 seed

98.0

3.  For the purposes of paragraph 2, the minimum varietal purity of seed shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Schedule 3.

PART IIConditions to be examined by seed testing

4.  The seed shall conform to the following standards or other conditions as regards analytical purity —

SpeciesMinimum analytical purity (% by weight) EC minimum standardMinimum analytical purity (% by weight) HVS standard
All categoriesCS only

1.  Fine grasses —

(a)annual meadowgrass

85Not applicable

(b)brown top

90Not applicable

(c)creeping bent grass

90Not applicable

(d)festulolium

9698

(e)red fescue

9095

(f)red top

90Not applicable

(g)rough-stalked meadowgrass

85Not applicable

(h)sheep’s fescue

85Not applicable

(i)smooth-stalked meadowgrass

8590

(j)velvet bent

90Not applicable

(k)wood meadowgrass

85Not applicable

2.  Fodder grasses —

(a)Alaska brome-grass

97Not applicable

(b)cocksfoot

9090

(c)hybrid ryegrass

9698

(d)Italian ryegrass

9698

(e)meadow fescue

9598

(f)perennial ryegrass

9698

(g)rescue grass

97Not applicable

(h)small Timothy

9698

(i)tall fescue

9598

(j)tall oatgrass

90Not applicable

(k)Timothy

9698

3.  Small seeded legumes —

(a)Alsike clover

97Not applicable

(b)birdsfoot trefoil

95Not applicable

(c)lucerne

9798

(d)red clover

9798

(e)sainfoin

9598

(f)trefoil, black medick

97Not applicable

(g)white clover

9798

4.  Large seeded legumes —

(a)blue lupin

98Not applicable

(b)common vetch

98Not applicable

(c)field bean

98Not applicable

(d)field pea

98Not applicable

(e)hairy vetch

98Not applicable

(f)Hungarian vetch

98Not applicable

(g)white lupin

98Not applicable

(h)yellow lupin

98Not applicable

5.  Crucifers —

(a)fodder kale

98Not applicable

(b)fodder radish

97Not applicable

(c)swede

98Not applicable

5.—(1) Subject to paragraphs (2) to (14), the seed shall conform to the following standards or other conditions as regards the maximum content of seeds of other plant species —

SpeciesBasic seedCS, C1 and C2 seed EC minimum standard levelCS seed HVS level
TotalA single speciesTotalA single singleTotalA single species
(percentage by weight(content by number in a sample of the weight specified in column 4 of table in Schedule 7)(percentage by weight)(percentage by weight)(percentage by weight)(percentage by weight)

1.  Fine grasses

(a)Fine grasses other than —

0.3202.01.0Not applicableNot applicable

(i)Festulolium

(ii)Red fescue

(iii)Smooth-stalk meadowgrass

(b)Festulolium

0.3201.51.01.5Not applicable

(c)Red fescue

0.3201.51.01.50.5

(d)Smooth-stalk meadowgrass

0.3202.01.01.50.5

2.  Fodder grasses

(a)Fodder grasses other than —

(i)Alaska brome-grass

0.3201.51.01.50.5

(ii)Rescue grass

(iii)Tall oatgrass

(b)Alaska brome-grass and rescue grass

0.4201.51.0Not applicableNot applicable

(c)Tall oatgrass

0.3203.01.0Not applicableNot applicable

3.  Small seeded legumes

(a)Alsike clover and trefoil black medick

0.3201.51.0Not applicableNot applicable

(b)Birdsfoot trefoil

0.3201.81.0Not applicableNot applicable

(c)Lucerne, red clover and white clover

0.3201.51.01.50.5

(d)Sainfoin

0.3202.51.01.50.5

4.  Large seeded legumes

(a)Large seeded legumes other than vetches

0.3200.50.3Not applicableNot applicable

(b)Vetches

0.3201.00.5Not applicableNot applicable

5.  Crucifers

0.3201.00.5Not applicableNot applicable

(2) Notwithstanding the condition that a sample of basic seed of the weight specified in column 4 of the table in Schedule 7 shall not exceed 20 seeds of a single species, in the case of —

(a)cocksfoot;

(b)festulolium;

(c)hybrid ryegrass;

(d)Italian ryegrass;

(e)meadow fescue;

(f)perennial ryegrass,

(g)red fescue;

(h)sheep’s fescue;

(i)tall fescue; and

(j)tall oatgrass,

a maximum total of 80 seeds of Poa spp. in a sample shall not be regarded as an impurity.

(3) In the case of a sample of HVS level CS seed of red fescue, there shall be no more than a total of 4 seeds of ryegrass, cocksfoot and meadow fescue in a sample of the weight specified in column 4 of the table in Schedule 7.

(4) In the case of basic seed of annual meadowgrass, rough-stalked meadowgrass, smooth-stalked meadowgrass and wood meadowgrass the maximum total content of seeds of Poa spp. other than the species to be examined shall not exceed one in a sample of 500 seeds.

(5) In the case of a sample of CS seed of annual meadowgrass, rough-stalked meadowgrass, smooth-stalked meadowgrass and wood meadowgrass, a maximum total of 0.8% by weight of seeds of other Poa spp. in the sample shall not be regarded as an impurity.

(6) In the case of a sample of HVS level CS seed of smooth-stalked meadowgrass, a maximum of 0.4% by weight of seed of other meadowgrasses shall not be regarded as an impurity.

(7) In the case of a sample of HVS level CS seed of meadow fescue and tall fescue, there shall be no more than —

(a)0.3% by weight of rough stalked meadowgrass, or

(b)0.3% by weight of ryegrass,

in the sample.

(8) In the case of a sample of CS seed of tall oatgrass, the condition that the weight of seed of a single plant species in the sample shall not exceed 1.0% shall not apply to seeds of Poa spp.

(9) In the case of a sample of HVS level CS seed of hybrid ryegrass, Italian ryegrass and perennial ryegrass, there shall be no more than —

(a)0.4% by weight of annual meadowgrass, or

(b)0.3% by weight of rough stalked meadowgrass,

in the sample.

(10) In the case of a sample of CS seed of birdsfoot trefoil, a maximum total of 1% by weight of seeds of red clover in the sample shall not be regarded as an impurity.

(11) In the case of a sample of C1 seed of a lupin, a maximum total of 0.5% by weight of seeds of field bean, field pea, or vetch seed or another species of lupin in the sample shall not be regarded as an impurity.

(12) In the case of a sample of C1 seed of a vetch, a maximum total of 0.5% by weight of seeds of field bean, field pea or lupin seed or another species of vetch seed in the sample shall not be regarded as an impurity.

(13) In the case of a sample of HVS level CS seed of small Timothy and Timothy, there shall be no more than 0.3% by weight of Agrostis spp. in the sample.

(14) In the case of a sample of HVS level CS seed of red fescue, there shall be no more than 0.3% by weight of rough-stalked meadowgrass.

6.  The seed shall conform to the following standards as regards the content of seeds of Rumex spp. (commonly known as docks and sorrels) other than Rumex acetosella (commonly known as sheep’s sorrel) and Rumex maritimus (commonly known as golden dock) —

SpeciesMaximum permitted by number in a sample of the weight prescribed in column 4 of the table in Schedule 7
Basic seed

CS, C1 and C2 seed

EC minimum level

C2 seed

HVS level

1.  Fine grasses

(a)Fine grasses other than —

12Not applicable

(i)annual meadowgrass

(ii)festulolium

(iii)red fescue

(iv)sheep’s fescue

(v)smooth-stalked meadowgrass

(b)annual meadowgrass

15Not applicable

(c)red fescue

255

(d)sheep’s fescue and festulolium

25Not applicable

(e)smooth-stalked meadowgrass

122

2.  Fodder grasses

(a)fodder grasses other than —

255

(i)Alaska brome-grass

(ii)rescue grass

(iii)small Timothy

(iv)tall oatgrass

(v)Timothy

(b)Alaska brome-grass

510Not applicable

(c)rescue grass

510Not applicable

(d)small Timothy

254

(e)tall oatgrass

25Not applicable

(f)Timothy

254

3.  Small seeded legumes —

(a)Alsike clover

310Not applicable

(b)birdsfoot trefoil

310Not applicable

(c)lucerne

31010

(d)red clover

51010

(e)sainfoin

255

(f)trefoil, black medick

510Not applicable

(g)white clover

51010

4.  Large seeded legumes

25Not applicable

5.  Crucifers —

(a)fodder kale

310Not applicable

(b)fodder radish and swede

25Not applicable

7.  The seed shall conform to the following standards as regards the content of seeds of Alopecurus myosuroides (commonly known as blackgrass and called “blackgrass” in the table set out in this paragraph) and Agropyron repens (commonly known as couch and called “couch” in the following table) —

SpeciesBasic seedCS seed EC minimum standard levelCS seed HVS level
Maximum content by number in a sample of the weight specified in column 4 of the table in Schedule 7Maximum percentage by weightMaximum content by number in a sample of the weight specified in column 4 of the table in Schedule 7
CouchBlackgrassCouchBlackgrassCouchBlackgrass

1.  Fine grasses —

(a)Fine grasses other than —

110.30.3Not applicableNot applicable

(i)festulolium

(ii)red fescue

(iii)sheep’s fescue

(iv)smooth-stalk meadowgrass

(b)festulolium

550.50.310Not applicable

(c)red fescue

550.50.31010

(d)sheep’s fescue

550.50.3Not applicableNot applicable

(e)smooth-stalk meadowgrass

110.30.333

2.  Fodder grasses

(a)Fodder grasses other than —

550.50.31010

(i)Alaska brome-grass

(ii)cocksfoot

(iii)rescue grass

(iv)small Timothy

(v)tall oatgrass

(vi)Timothy

(b)Alaska brome-grass, rescue grass and tall oatgrass

550.50.3Not applicableNot applicable

(c)cocksfoot

550.30.31010

(d)small Timothy and Timothy

110.30.31010

3.  Small seeded legumes as follows —

Not applicableNot applicableNot applicableNot applicable1010

(a)lucerne

(b)red clover

(c)sainfoin

(d)white clover

8.—(1) Subject to paragraph (2), for basic seed of small and large seed legumes, a sample of the weight specified in column 4 of the table in Schedule 7 shall be free of seeds of Melilotus spp. (commonly known as sweet clover and hereinafter in this paragraph called “sweet clover”).

(2) In the case of —

(a)Alsike clover;

(b)birdsfoot trefoil;

(c)lucerne;

(d)red clover;

(e)trefoil, black medick; and

(f)white clover,

one seed of sweet clover in a sample of the weight specified in column 4 of the table in Schedule 7 shall not be regarded as an impurity where a second sample of twice that weight is free from any sweet clover seed.

(3) For CS, C1 and C2 seed of small and large seeded legumes, any sweet clover seed in a sample shall not exceed 0.3% by weight.

9.—(1) Subject to paragraph (2), a sample of seed of the weight specified in column 4 of the table in Schedule 7 shall be free of seeds of Avena fatua, Avena ludoviciana and Avena sterilis (commonly known as wild oats and hereinafter in this paragraph called “wild oats”).

(2) In the case of basic and CS seed of —

(a)Alaska brome grass;

(b)rescue grass; and

(c)tall oatgrass;

a maximum of 2 wild oats seeds in a sample of the weight specified in column 4 of the table in Schedule 7 shall not be regarded as an impurity where a second sample of the same weight is free from any wild oats seed.

10.—(1) Subject to paragraphs (2) and (3), a sample of seed of the weight specified in column 4 of the table in Schedule 7 shall be free of seed of Cuscuta spp. (commonly known as dodder and hereinafter called “dodder” in this paragraph).

(2) In the case of minimum level CS seed of fine grasses, fodder grasses, fodder kale and swede, the presence of one seed of dodder in a sample shall not be regarded as an impurity where a second sample of the same weight is free from any dodder seed.

(3) Subject to paragraph (4), in the case of basic and CS seed of —

(a)Alsike clover;

(b)birdsfoot trefoil;

(c)black medick trefoil;

(d)lucerne;

(e)red clover;

(f)white clover,

a sample of seed of the weight specified in column 4 of the table in Schedule 7 shall be free of dodder seed.

(4) In the case of minimum level CS seed and C1 seed of the species specified in paragraph (3), the presence of one seed of dodder in a sample shall not be regarded as an impurity where a second sample of the same weight is free from any dodder seed.

11.  The percentage by number of bitter lupins in a sample of seed of a sweet lupin variety shall not exceed —

(a)1% in the case of basic seed, and

(b)2.5% in the case of C1 seed.

12.—(1) In the case of C1 seed, the percentage by number of seeds of another colour in a sample of seed of a bitter lupin variety shall not exceed 2%.

(2) In the case C1 seed of lupins, other than bitter lupins, the percentage by number of seeds of another colour in a sample shall not exceed 1%.

13.  In the case of crucifers, the percentage by weight of seed of Raphanus raphanistrum (commonly known as wild radish) or Sinapis arvensis (commonly known as charlock) in a sample of seed shall not exceed 0.3%.

14.—(1) Subject to paragraph (2), it shall be determined, by way of a germination test, whether or not the seed will satisfy the applicable germination standard set out in column 2 of the following table (“the germination table”) —

Column 1Column 2Column 3
Species (all categories)Minimum germination (% of pure seed)Maximum hard seed content (% pure seed)

1.  Fine grasses —

(a)annual meadowgrass

75Not applicable

(b)brown top

75Not applicable

(c)creeping bent grass

75Not applicable

(d)festulolium

75Not applicable

(e)red fescue

75Not applicable

(f)red top

80Not applicable

(g)rough-stalked meadowgrass

75Not applicable

(h)sheep’s fescue

75Not applicable

(i)smooth-stalked meadowgrass

75Not applicable

(j)velvet bent

75Not applicable

(k)wood meadowgrass

75Not applicable

2.  Fodder grasses —

(a)Alaska brome-grass

75Not applicable

(b)cocksfoot

80Not applicable

(c)hybrid ryegrass

75Not applicable

(d)Italian ryegrass

75Not applicable

(e)meadow fescue

80Not applicable

(f)perennial ryegrass

80Not applicable

(g)rescue grass

75Not applicable

(h)small Timothy

80Not applicable

(i)tall fescue

80Not applicable

(j)tall oatgrass

75Not applicable

(k)Timothy

80Not applicable

3.  Small seeded legumes —

(a)Alsike clover

8020

(b)birdsfoot trefoil

7540

(c)lucerne

8040

(d)red clover

8020

(e)sainfoin

7520

(f)trefoil, black medick

8020

(g)white clover

8040

4.  Large seeded legumes —

(a)blue lupin

7520

(b)common vetch

8520

(c)field bean

805

(d)field pea

80Not applicable

(e)hairy vetch

8520

(f)Hungarian vetch

8520

(g)white lupin

8020

(h)yellow lupin

8020

5.  Crucifers —

(a)fodder kale

75Not applicable

(b)fodder radish

80Not applicable

(c)swede

80Not applicable

(2) For the purpose of determining whether seed satisfies the applicable germination standard set out in column 2 of the germination table —

(a)any fresh and healthy seed which does not germinate after pre-treatment shall be regarded as seed which has germinated, and

(b)any hard seed present not exceeding the amount shown in column 3 of the table shall be regarded as seed which is capable of germination.

PART IIIOther conditions

15.  Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level that can be achieved.

PART IVGeneral provisions

16.  For the purpose of determining whether seed meets the conditions laid down in this Schedule pre-basic seed shall be treated in the same way as basic seed.

17.—(1) For the purpose of determining whether commercial seed meets the conditions laid down in this Schedule the provisions of this Schedule, other than paragraphs 1 to 3, shall apply, insofar as they may be relevant, to commercial seed of annual meadowgrass and Hungarian vetch in the same way as they apply to CS seed of those respective species and commercial seed of sainfoin in the same way as they apply to minimum level CS seed of that species except that —

(a)the minimum analytical purity of Hungarian vetch shall be 97%, and

(b)subject to paragraphs (2) and (3), the seed shall conform to the following standards as regards the maximum content of seeds of other plant species —

Total content of seed of other plant species

(percentage by weight)

A single species

(percentage by weight)

Annual meadowgrass3.02.0
Hungarian vetch2.01.5
Sainfoin3.52.0

(2) In the case of Hungarian vetch, a maximum total of 6% by weight of other species of vetch seed shall not be regarded as an impurity.

(3) In the case of annual meadowgrass, a maximum total of 10% by weight of other species of meadowgrass shall not be regarded as an impurity.

Regulation 13(1)

SCHEDULE 5RE-GRADING OF SEED

Column (1)Column (2)

(a)UK, EC or overseas tested officially certified pre-basic seed of a listed variety

(a)UK officially certified pre-basic seed of a listed variety

(b)UK, EC, third country or overseas tested officially certified basic seed of a listed variety

(b)UK officially certified basic seed of a listed variety

(c)in the case of an HVS species of seed, HVS level UK officially certified CS seed of a listed variety

(c)in the case of an HVS species of seed, HVS level UK officially certified CS seed of a listed variety

(d)in the case of seed other than field beans, field peas, Lucerne Medicago sativa, lupins and vetches, minimum level UK officially certified CS seed of a listed variety or EC, third country or overseas tested officially certified CS seed of a listed variety

(d)in the case of seed other than field beans, field peas, lucerne Medicago sativa, lupins and vetches, minimum level UK officially certified CS seed of a listed variety

(e)in the case of field beans, field peas, lucerne Medicago sativa, lupins and vetches UK, EC, third country or overseas tested officially certified C1 seed of a listed variety

(e)in the case of field beans, field peas, lucerne Medicago sativa, lupins and vetches, UK officially certified C1 seed of a listed variety

(f)in the case of field beans and field peas, UK, EC, third country or overseas tested officially certified C2 seed of a listed variety

(f)in the case of field beans and field peas, UK officially certified C2 seed of a listed variety

(g)in the case of lucerne Medicago sativa, lupins and vetches, EC, third country or overseas tested officially certified C2 seed of a listed variety

(a)UK or EC officially certified early movement pre-basic seed of a listed variety

(a)UK officially certified early movement pre-basic seed of a listed variety

(b)UK or EC officially certified early movement basic seed of a listed variety

(b)UK officially certified early movement basic seed of a listed variety

(c)in the case of an HVS species of seed, HVS level UK officially certified early movement CS seed of a listed variety

(c)in the case of an HVS species of seed, HVS level UK officially certified early movement CS seed of a listed variety

(d)in the case of seed other than field beans, field peas, lucerne Medicago sativa, lupins and vetches, minimum level UK officially certified early movement CS seed of a listed variety or EC officially certified early movement CS seed of a listed variety

(d)in the case of seed other than field beans, field peas, lucerne Medicago sativa, lupins and vetches, minimum level UK officially certified early movement CS seed of a listed variety

(e)in the case of field beans, field peas, lucerne lucerne Medicago sativa, lupins and Medicago sativa, lupins and vetches UK or EC officially certified early movement C1 seed of a listed variety

(e)in the case of field beans, field peas, vetches, UK officially certified early movement C1 seed of a listed variety

(f)in the case of field beans and field peas, UK or EC officially certified early movement C2 seed of a listed variety

(f)in the case of field beans and field peas, UK officially certified early movement C2 seed of a listed variety

(g)in the case of lucerne Medicago sativa, lupins and vetches, EC officially certified early movement C2 seed of a listed variety

Regulation 15(1)

SCHEDULE 6CATEGORIES OF SEED THAT MAY BE MARKETED

Breeder’s seed

1.  Breeder’s seed.

Pre-basic seed of a listed variety

2.  UK officially certified pre-basic seed of a listed variety.

3.  EC officially certified pre-basic seed of a listed variety.

4.  Overseas tested officially certified pre-basic seed of a listed variety.

Basic seed of a listed variety

5.  UK officially certified basic seed of a listed variety.

6.  EC officially certified basic seed of a listed variety.

7.  Third country officially certified basic seed of a listed variety.

8.  Overseas tested officially certified basic seed of a listed variety.

CS seed of a listed variety

9.  UK officially certified CS seed of a listed variety.

10.  EC officially certified CS seed of a listed variety.

11.  Third country officially certified CS seed of a listed variety.

12.  Overseas tested officially certified CS seed of a listed variety.

C1 seed of a listed variety

13.  UK officially certified C1 seed of a listed variety.

14.  EC officially certified C1 seed of a listed variety.

15.  Third country officially certified C1 seed of a listed variety.

16.  Overseas tested officially certified C1 seed of a listed variety.

C2 seed of a listed variety

17.  UK officially certified C2 seed of a listed variety.

18.  EC officially certified C2 seed of a listed variety.

18.  A Third Country officially certified C2 seed of a listed variety.

19.  Overseas tested officially certified C2 seed of a listed variety.

Commercial seed

20.  UK officially certified commercial seed.

21.  EC officially certified commercial seed.

Early movement pre-basic seed of a listed variety

22.  UK officially certified early movement pre-basic seed of a listed variety.

23.  EC officially certified early movement pre-basic seed of a listed variety.

Early movement basic seed of a listed variety

24.  UK officially certified early movement basic seed of a listed variety.

25.  EC officially certified early movement basic seed of a listed variety.

Early movement CS seed of a listed variety

26.  UK officially certified early movement CS seed of a listed variety.

27.  EC officially certified early movement CS seed of a listed variety.

Early movement C1 seed of a listed variety

28.  UK officially certified early movement C1 seed of a listed variety.

29.  EC officially certified early movement C1 seed of a listed variety.

Early movement C2 seed of a listed variety

30.  UK officially certified early movement C2 seed of a listed variety.

31.  EC officially certified early movement C2 seed of a listed variety.

Early movement commercial seed

32.  UK officially certified early movement commercial seed.

33.  EC officially certified early movement commercial seed.

Basic seed of a component of a listed hybrid variety

34.  UK officially certified basic seed of a component of a listed hybrid variety.

35.  EC officially certified basic seed of a component of a listed hybrid variety.

36.  Third country officially certified basic seed of a component of a listed hybrid variety.

37.  Overseas tested officially certified basic seed of a component of a listed hybrid variety.

Early movement basic seed of a component of a listed hybrid variety

38.  UK officially certified early movement basic seed of a component of a listed hybrid variety.

39.  EC officially certified early movement basic seed of a component of a listed hybrid variety.

Regulations 2(1), 23(2), (5) and (6) and paragraphs 5(2), 6, 8(1) and (2), 9 and 10(1) and (3) of Schedule 4

SCHEDULE 7LOT AND SAMPLE WEIGHTS

Column 1Column 2Column 3Column 4
SpeciesMaximum weight of a lotMinimum weight of a sample to be drawn from a lotWeight of the sample for determinations by number in accordance with part II of Schedule 4
(tonnes)(grams)(grams)

1.  Fine grasses —

(a)annual meadowgrass

105010

(b)brown top

10505

(c)creeping bent grass

10505

(d)festulolium

1020060

(e)red fescue

1010030

(f)red top

10505

(g)rough-stalked meadowgrass

10505

(h)sheep’s fescue

1010030

(i)smooth-stalked meadowgrass

10505

(j)velvet bent

10505

(k)wood meadowgrass

10505

2.  Fodder grasses —

(a)Alaska brome-grass

10200200

(b)cocksfoot

1010030

(c)hybrid ryegrass

1020060

(d)Italian ryegrass

1020060

(e)meadow fescue

1010050

(f)perennial ryegrass

1020060

(g)rescue grass

10200200

(h)small Timothy

105010

(i)tall fescue

1010050

(j)tall oatgrass

1020080

(k)Timothy

105010

3.  Small seeded legumes —

(a)Alsike clover

1020020

(b)birdsfoot trefoil

1020030

(c)lucerne

1030050

(d)red clover

1030050

(e)sainfoin —

(i)fruit

10600600

(ii)seed

10400400

(f)trefoil, black medick

1030050

(g)white clover

1020020

4.  Large seeded legumes —

(a)blue lupin

251,0001,000

(b)common vetch

251,0001,000

(c)field bean

251,0001,000

(d)field pea

251,0001,000

(e)hairy vetch

201,0001,000

(f)Hungarian vetch

201,0001,000

(g)white lupin

251,0001,000

(h)yellow lupin

251,0001,000

5.  Crucifers —

(a)fodder kale

10200100

(b)fodder radish

10300300

(c)swede

10200100

Regulation 26(5), (6)(a), (7)(a), (8)(a), (9)(a), (10)(a), (11)(a), (12)(a), (13(a), (14)(a) and (16)(a)

SCHEDULE 8LABELLING

PART ILabelling of unpackaged seed (loose sales)

Particulars to be marked or displayed on the sale of unpackaged seed other than a mixture of seeds

1.  The following particulars shall be given —

(a)“complies with legal standards”;

(b)the species; and

(c)except in the case of commercial seed, the variety.

Particulars to be marked or displayed on the sale of an unpackaged mixture of seeds

2.  The following particulars shall be given —

(a)“complies with legal standards”;

(b)in the case of a registered mixture of seeds, the registered name of the mixture or the species and the proportion by weight of the components;

(c)in the case of a mixture of seeds, other than a registered mixture of seeds, the species and the proportion by weight of the components; and

(d)the words “seed mixture for” followed by words describing its intended use.

PART II

Labelling of packages of breeder’s seed

3.  The package shall be labelled, not later than the time of sealing, on the outside with a supplier’s label containing the following particulars —

(a)the name and address of the supplier responsible for affixing the labels or his or her registered number or identification mark;

(b)the reference number of the seed lot;

(c)the species;

(d)the variety;

(e)the words “breeder’s seed”; and

(f)the declared net or gross weight or declared number of seeds.

4.  The label referred to in paragraph 3 shall be coloured buff.

PART IIILabelling of packages of officially certified pre-basic seed

Official label for a package of officially certified pre-basic seed

5.  The package shall be labelled, not later than the time of sealing, on the outside with an official label which has not previously been used containing the following particulars —

(a)the certification authority and member State or their commonly used initials;

(b)the reference number of the seed lot;

(c)the month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows —

(i)by the word “Sealed” followed by the month and year of sealing, or

(ii)by the word “Sampled” followed by the month and year of official sampling;

(d)the species, indicated at least under its botanical name, which may be given in abridged form and without the author’s name, in Roman characters;

(da)in the case of x Festulolium, the names of the species within the genus Festuca and Lolium;

(e) the variety, indicated at least in Roman characters;

(f)the description “pre-basic seed”;

(g)the number of generations by which the seed precedes CS seed or C1 seed;

(h)the country of production;

(i)the declared net or gross weight or declared number of seeds; and

(j)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seeds and the total weight.

6.  The label referred to in paragraph 5 shall be coloured white with a diagonal violet line.

7.  The minimum size of the label referred to in paragraph 5 shall be 110 mm × 67 mm.

8.  The label referred to in paragraph 5 —

(a)shall be —

(i)an adhesive label, or

(ii)a label secured to the package by a sealing device approved by the National Assembly for Wales, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)shall be fixed to the package by —

(i)an authorised officer or any person being supervised by such a person, or

(ii)a licensed seed sampler or any person being supervised by such a person.

PART IVLabelling of packages of officially certified basic, CS, C1 and C2 seed

Official label for a package of officially certified basic, CS, C1 or C2 seed

9.  The package shall be labelled, not later than the time of sealing, on the outside with an official label which has not previously been used or an official stamp containing the following particulars —

(a)the words “EC rules and standards”;

(b)the name of the certifying authority and member State or their commonly used initials;

(c)the reference number of the seed lot;

(d)the month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows —

(i)by the word “Sealed” followed by the month and year of sealing, or

(ii)by the word “Sampled” followed by the month and year of last official sampling for the purposes of certification;

(e)the species, indicated at least under its botanical name, which may be given in abridged form and without the author’s name, in Roman characters;

(ea)in the case of x Festulolium, the names of the species within the genus Festuca and Lolium;

(f)the variety, indicated at least in Roman characters;

(g)the category;

(h)the country of production;

(i)the declared net or gross weight or declared number of pure seed;

(j)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight;

(k)in the case of CS, C1 and C2 seed, the number of generations after basic seed; and

(l)in the case of seed of a grass variety for which an examination of its value for cultivation and use is not required in accordance with Article 4(2)(a) of the Common Catalogue Directive, the words “not intended for the production of fodder plants”.

10.  Where at least germination has been retested, the words “retested” followed by the month and year of retesting and the authority responsible for such retesting may be indicated on the official label referred to in paragraph 9 or on an official sticker attached to the official label or official stamp.

11.  The minimum size of the label or stamp referred to in paragraph 9 shall be 110 mm x 67 mm.

12.  The label or stamp referred to in paragraph 9 shall be coloured —

(a)white for basic seed;

(b)blue for CS and C1 seed; and

(c)red for C2 seed.

13.  The label referred to in paragraph 9 —

(a)shall be —

(i)an adhesive label, or

(ii)a label secured to the package by a sealing device approved by the National Assembly for Wales, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)shall be fixed to the package by —

(i)an authorised officer or any person being supervised by such a person, or

(ii)a licensed seed sampler or any person being supervised by such a person.

“13A.  The stamp referred to in paragraph 9 —

(a)shall be

(i)an indelible stamp; or

(ii)an indelible stamp affixed to the package by a stamping device approved by the National Assembly for Wales, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development; and

(b)shall be affixed to the package by —

(i)an authorised officer or any person being supervised by such a person; or

(ii)a licensed seed sampler or any person being supervised by such a person.

Label for a small EC B package of officially certified basic, CS, C1 and C2 seed

14.  The package shall be labelled not later than the time of sealing —

(a)subject to paragraph 15, on the outside,

(b)with a label, a printed notice or stamp containing the following information —

(i)the words “small EC ‘B’ package”;

(ii)the name and address of the supplier responsible for marking or his registration number or identification mark;

(iii)the officially assigned serial number;

(iv)the authority which assigned the serial number and the name of the member State or their commonly used initials;

(v)the reference number of the seed lot from which the seed in the package has been taken if the serial number does not enable the lot to be identified;

(vi)the species, indicated at least in Roman characters;

(vii)the variety, indicated at least in Roman characters;

(viii)the category;

(ix)the net or gross weight or number of pure seeds;

(x)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight; and

(xi)in the case of seed of a grass variety for which an examination of its value for cultivation and use is not required in accordance with Article 4(2)(a) of the Common Catalogue Directive, the words “not intended for the production of fodder plants”.

15.  If the packaging material is transparent the label, notice or stamp referred to in paragraph 14 may be placed inside the package provided it can be read through the packaging.

16.  The label, notice or stamp referred to in paragraph 14 shall be coloured —

(a)white for basic seed;

(b)blue for CS and C1 seed; and

(c)red for C2 seed.

PART VLabelling of packages of officially certified commercial seed

Official label for a package of officially certified commercial seed

17.  The package shall be labelled, not later than the time of sealing, on the outside with an official label which has not previously been used containing the following particulars —

(a)the words “EC rules and standards”;

(b)the words “Commercial seed (not certified as to variety)”;

(c)the name of the certifying authority and member State or their commonly used initials;

(d)the reference number of the seed lot;

(e)the month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows —

(i)by the word “Sealed” followed by the month and year of sealing, or

(ii)by the word “Sampled” followed by the month and year of last official sampling for the purposes of certification;

(f)the species, indicated at least under its botanical name, which may be given in abridged form and without the author’s name, in Roman characters;

(g)the country of production or region of production within a country;

(h)the declared net or gross weight or the declared number of pure seeds; and

(i)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight.

18.  Where at least germination has been retested, the words “retested” followed by the month and year of retesting and the authority responsible for such retesting may be indicated on the official label referred to in paragraph 17 or on an official sticker attached to the official label.

19.  The minimum size of the label referred to in paragraph 17 shall be 110 mm x 67 mm.

20.  The label referred to in paragraph 17 shall be coloured brown.

21.  The label referred to in paragraph 17 —

(a)shall be —

(i)an adhesive label, or

(ii)a label secured to the package by a sealing device approved by the National Assembly for Wales, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, and

(b)shall be fixed to the package by —

(i)an authorised officer or any person being supervised by such a person, or

(ii)a licensed seed sampler or any person being supervised by such a person.

Label for a small EC B package of officially certified commercial seed

22.  The package shall be labelled not later than the time of sealing —

(a)subject to paragraph 23, on the outside;

(b)with a label, a printed notice or stamp containing the following information —

(i)the words “small EC ‘B’ package”;

(ii)the name and address of the supplier responsible for marking or his registration number or identification mark;

(iii)the officially assigned serial number;

(iv)the authority which assigned the serial number and the name of the member State or their commonly used initials;

(v)the reference number of the seed lot from which the seed in the package has been taken if the serial number does not enable the lot to be identified;

(vi)the species, indicated at least in Roman characters;

(vii)the words “commercial seed”;

(viii)the net or gross weight or number of pure seeds; and

(ix)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight.

23.  If the packaging material is transparent the label, notice or stamp referred to in paragraph 22 may be placed inside the package provided it can be read through the packaging.

24.  The label, notice or stamp referred to in paragraph 22 shall be coloured brown.

PART VILabelling of packages of mixtures of seed

Official label for a package of a mixture of seeds

25.  The label shall contain the following information —

(a)the words “Mixture of seed for” followed by words indicating its intended use;

(b)the authority responsible for sealing the package and the member State or their commonly used initials;

(c)the reference number of the seed lot;

(d)the word “sealed” followed by the month and year of official sealing;

(e)in the case of a registered mixture of seeds —

(i)the registered name of the mixture, or

(ii)the percentage by weight of each of the components shown by species, and, where appropriate, by variety, both indicated at least in Roman characters;

(f)in the case of a mixture other than a registered mixture of seeds, the percentage by weight of each of the components shown by species, and, where appropriate, by variety, both indicated at least in Roman characters;

(g)the declared net or gross weight or declared number of pure seeds; and

(h)where the weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of the pure seeds and the total weight.

26.  Where at least germination of all the components of a mixture have been retested, the words “retested” followed by the month and year of retesting and the authority responsible for such retesting may be indicated on the official label referred to in paragraph 25 or on an official sticker attached to the official label.

27.  The minimum size of the label referred to in paragraph 25 shall be 110 mm x 67 mm.

28.  The label referred to in paragraph 25 shall be coloured green.

Label for a small EC A package of a mixture of seeds

29.  The package shall be labelled not later than the time of sealing —

(a)subject to paragraph 30, on the outside;

(b)with a label, a printed notice or stamp containing the following information —

(i)the words “small EC ‘A’ package”;

(ii)the name and address of the supplier responsible for marking or his registration number or identification mark;

(iii)the name of the member State or their commonly used initials;

(iv)a reference number that enables the seed lots from which the seed in the mixture was taken to be identified;

(v)the words “seed mixture for” followed by a description of its intended use;

(vi)the net or gross weight or number of pure seeds;

(vii)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight;

(viii)in the case of a package of a registered mixture of seeds that has been produced in the United Kingdom —

(aa)the registered name of the mixture and the species and, where applicable, the variety of the components in the mixture, or

(bb)the percentage by weight of each of the components shown by species, and, where appropriate, by variety, both indicated at least in Roman characters; and

(ix)in the case of a package of a mixture of seeds, other than a package of a registered mixture of seeds that has been produced in the United Kingdom, the percentage by weight of each of the components shown by species, and, where appropriate, by variety, both indicated at least in Roman characters.

30.  If the packaging material is transparent the label, notice or stamp referred to in paragraph 29 may be placed inside the package provided it can be read through the packaging.

31.  The label, notice or stamp referred to in paragraph 29 shall be coloured green.

Label for a small EC “B” package of a mixture of seeds

32.  The package shall be labelled not later than the time of sealing —

(a)subject to paragraph 33, on the outside;

(b)with a label, a printed notice or stamp containing the following information —

(i)the words “small EC ‘B’ package”;

(ii)the name and address of the supplier responsible for marking or his registration number or identification mark;

(iii)the officially assigned serial number;

(iv)the authority which assigned the serial number and the name of the member State or their commonly used initials;

(v)a reference number that enables the seed lots from which the seed in the mixture was taken to be identified if the serial number does not enable such lots to be identified;

(vi)the words “seed mixture for” followed by a description of its intended use;

(vii)the net or gross weight or number of pure seeds;

(viii)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight;

(ix)in the case of a package of a registered mixture of seeds that has been produced in the United Kingdom —

(aa)the registered name of the mixture and the species and, where applicable, the variety of the components in the mixture, or

(bb)the percentage by weight of each of the components shown by species, and, where appropriate, by variety, both indicated at least in Roman characters; and

(x)in the case of a package of a mixture of seeds, other than a package of a registered mixture of seeds that has been produced in the United Kingdom, the percentage by weight of each of the components shown by species, and, where appropriate, by variety, both indicated at least in Roman characters.

33.  If the packaging material is transparent the label, notice or stamp referred to in paragraph 32 may be placed inside the package provided it can be read through the packaging.

34.  The label, notice or stamp referred to in paragraph 32 shall be coloured green.

PART VIIWhole bag labelling

Seed which has not been imported

35.  The printing or stamping of the packages shall be under the supervision of the National Assembly for Wales.

36.  Each package shall have printed or stamped on it, or be perforated with, an individual serial number allocated by the National Assembly for Wales, which shall appear in the same panel as the particulars of the matters specified in paragraph 9.

37.  Arrangements shall be made with the person who prints the whole bag labels to provide the National Assembly for Wales with returns of the number of packages printed or stamped pursuant to regulation 26(16) and of the individual serial numbers used on such packages.

38.  The reference number of the seed lot and the month and year in which the package was officially sealed shall be printed or stamped under the supervision of an authorised officer or a licensed seed sampler at the time of sampling for official examination.

39.  There shall be kept such records of seed packaged and marketed pursuant to regulation 26(16) as may be required by the National Assembly for Wales.

40.  Each package of basic seed marketed in accordance with regulation 26(16) shall be capable of having affixed to it, in a manner approved by the National Assembly for Wales, a label containing a statement pursuant to regulation 17.

Seed imported from another Member State

41.  Such requirements of the member State from which the seed has been imported as correspond to the requirements specified in this Part for seed which has not been imported shall, in the opinion of the National Assembly for Wales, have been satisfied.

Regulation 27(2)

SCHEDULE 9LIMITS OF VARIATION

GERMINATION

Stated minimum percentage of germination

(expressed as an integer)

Limit of variation

Per cent

99—1002
97—983
94—964
91—935
87—906
82—867
76—818
69—759
65—6810

ANALYTICAL PURITY — GRASSES

Stated minimum percentage of analytical purity

(expressed to one decimal point)

Limit of variation

Per cent

99.9 — 1000.2
99.7—99.80.4
99.5—99.60.5
99.3—99.40.6
99.0—99.20.7
98.8—98.90.8
98.3—98.70.9
98.0—98.21.0
97.5—97.91.1
97.0—97.41.2
96.5—96.91.3
96.0—96.41.4
95.0—95.91.5
94.0—94.91.6
93.0—93.91.7
92.0—92.91.9
91.0—91.92.0
90.0— 90.92.1
88.0—89.92.2
86.0—87.92.4
84.0—85.92.5
82.0—83.92.6
80.0—81.92.8

ANALYTICAL PURITY — LEGUMES AND CRUCIFERS

Stated minimum percentage of analytical purity

(expressed to one decimal point)

Limit of variation

Per cent

99.9 — 1000.2
99.80.3
99.6—99.70.4
99.3—99.50.5
99.0—99.20.6
98.5—98.90.7
98.3—98.40.8
97.5—98.20.9
97.0—97.41.0
96.5—96.91.1
95.5—96.41.2
95.0—95.41.3
94.0—94.91.4
93.0—93.91.5
92.0—92.91.6
91.0—91.91.7
90.0—90.91.8

CONTENTS OF SEEDS OF OTHER SPECIES IN GRASSES

Stated maximum percentage of seeds of other species

(expressed to one decimal point)

Limit of variation

Per cent

0.00.2
0.10.3
0.20.4
0.3 — 0.40.5
0.5 — 0.60.6
0.7 — 0.90.7
1.0 — 1.20.8
1.3 — 1.70.9
1.8 — 1.91.0
2.0 — 2.41.1
2.5 — 2.91.2
3.0 — 3.41.3
3.5 — 3.91.4
4.0 — 4.91.5
5.01.6

CONTENTS OF SEEDS OF OTHER SPECIES OR VARIETIES IN LEGUMES AND CRUCIFERS

Stated maximum percentage of seeds of other species

(expressed to one decimal point)

Limit of variation

Per cent

0.00.1
0.1 — 0.20.3
0.3 — 0.40.4
0.5 — 0.60.5
0.7 — 0.90.6
1.0 — 1.40.7
1.5 — 1.70.8
1.8 — 2.40.9
2.5 — 2.91.0
3.0 — 3.41.1
3.5 — 4.41.2
4.5 — 4.91.3
5.0 — 5.91.4
6.0 — 6.91.5
7.0 — 7.91.6
8.0 — 8.91.7
9.0 — 9.91.8
10.01.9

NUMBER OF SEEDS OF OTHER SPECIES

Stated maximum number of seeds of other species

(expressed as an integer)

Limit of variation

Number

01
13
24
3 — 45
5 — 66
7 — 87
9 — 118
12 — 149
15 — 1710
18 — 2111
22 — 2512
26 — 2913
30 — 3414
35 — 4015
41 — 4516
46 — 5117
52 — 5718
58 — 6419
65 — 7120
72— 7921
80 — 8722
88 — 9523
96 — 10024

Regulation 31

SCHEDULE 10INDEX OF WORDS AND EXPRESSIONS USED IN THESE REGULATIONS

The expressions listed in the left-hand column of the following table are defined in the corresponding provisions listed in the right-hand column of the table —

ExpressionProvision of these Regulations in which the expression is defined
the ActRegulation 2(1)
Alaska brome-grassRegulation 3
Alsike cloverRegulation 3
Annex II.A(3) official certificateRegulation 2(1)
Annex V(C) documentRegulation 2(1)
annual meadowgrassRegulation 3
another member StateRegulation 2(1)
appropriate timeRegulation 6(4)
approved seed certification authorityRegulation 2(1)
authorised officerRegulation 2(1)
basic seedParagraph 8 of Schedule 1
birdsfoot trefoilRegulation 3
blended seed lotRegulation 2(1)
blue lupinRegulation 3
brown topRegulation 3
breederRegulation 2(1)
breeder’s seedRegulation 2(1)
C1 seedParagraph 30 of Schedule 1
C2 seedParagraph 38 of Schedule 1
cocksfootRegulation 3
commercial seedParagraph 46 of Schedule 1
Common CatalogueRegulation 2(1)
Common Catalogue DirectiveRegulation 2(1)
common vetchRegulation 3
componentRegulation 2(1)
control plotRegulation 2(1)
creeping bent grassRegulation 3
crucifersRegulation 3
CS seedParagraph 22 of Schedule 1
Deliberate Release DirectiveRegulation 2(1)
Department of Agriculture and Rural DevelopmentRegulation 2(1)
Directive crop conditionsRegulation 2(1)
Directive seed conditionsRegulation 2(1)
dodderRegulation 3
EEA StateRegulation 2(1)
EC minimum percentage of germinationRegulation 2(1)
EC officially certified basic seed of a component of a listed hybrid varietyParagraph 16 of Schedule 1
EC officially certified basic seed of a listed variety varietyParagraph 10 of Schedule 1
EC officially certified early movement basic seed of a component of a listed hybrid varietyParagraph 20 of Schedule 1
EC officially certified early movement basic seed of a L listed varietyParagraph 14 of Schedule 1
EC officially certified early movement C1 seed of a listed varietyParagraph 36 of Schedule 1
EC officially certified early movement C2 seed of a listed varietyParagraph 44 of Schedule 1
EC officially certified early movement commercial seed of a listed varietyParagraph 50 of Schedule 1
EC officially certified early movement CS seed of a listed varietyParagraph 28 of Schedule 1
EC officially certified early movement pre-basic seed of a listed varietyParagraph 6 of Schedule 1
EC officially certified C1 seed of a listed varietyParagraph 32 of Schedule 1
EC officially certified C2 seed of a listed varietyParagraph 40 of Schedule 1
EC officially certified commercial seedParagraph 48 of Schedule 1
EC officially certified CS seed of a listed varietyParagraph 24 of Schedule 1
EC officially certified pre-basic seed of a listed varietyParagraph 3 of Schedule 1
entered seed lotRegulation 2(1)
equivalent third countryRegulation 2(1)
festuloliumRegulation 3
field beanRegulation 3
field peaRegulation 3
fine grassesRegulation 3
fodder grassesRegulation 3
fodder kaleRegulation 3
the Fodder Plant Seed DirectiveRegulation 2(1)
fodder radishRegulation 3
genetically modifiedRegulation 2(1)
grey labelParagraph 53(3) of Schedule 1
hairy vetchRegulation 3
Higher Voluntary StandardsRegulation 2(1)
HVS species of seedRegulation 2(1)
homogeneous seed lotRegulation 2(1)
Hungarian vetchRegulation 3
hybrid ryegrassRegulation 3
ISTARegulation 2(1)
Italian ryegrassRegulation 3
large seeded legumesRegulation 3
late entered seed lotRegulation 2(1)
licensed crop inspectorRegulation 2(1)
licensed EC crop inspectorRegulation 2(1)
licensed EC seed testing stationRegulation 2(1)
licensed seed samplerRegulation 2(1)
licensed seed testing stationRegulation 2(1)
licensed third country crop inspectorRegulation 2(1)
licensed third country seed testing stationRegulation 2(1)
listed varietyRegulation 2(1)
listingRegulation 2(1)
lucerneRegulation 3
lupinsRegulation 3
maintainerRegulation 2(1)
marketingRegulation 4
marketing extensionRegulation 2(1)
meadow fescueRegulation 3
member StateRegulation 2(1)
a National ListRegulation 2(1)
non-fodder grass varietyRegulation 2(1)
not finally certified basic seed harvested in another member StateParagraph 54 of Schedule 1
not finally certified C1 seed harvested in an equivalent third countryParagraph 59 of Schedule 1
not finally certified CS seed harvested in an equivalent third countryParagraph 58 of Schedule 1
not finally certified C1 seed harvested in another member StateParagraph 56 of Schedule 1
not finally certified C2 seed harvested in another member StateParagraph 57 of Schedule 1
not finally certified CS seed harvested in another member StateParagraph 55 of Schedule 1
not finally certified pre-basic seed harvested in another member StateParagraph 53 of Schedule 1
OECDRegulation 2(1)
OECD CertificateRegulation 2(1)
OECD Crucifer and Oil and Fibre Seed SchemeRegulation 2(1)
OECD DecisionRegulation 2(1)
OECD Grass and Legume Seed SchemeRegulation 2(1)
OECD ListRegulation 2(1)
official labelRegulation 2(1)
officially certified basic seedParagraph 21 of Schedule 1
officially certified C1 seedParagraph 37 of Schedule 1
officially certified C2 seedParagraph 45 of Schedule 1
officially certified commercial seedParagraph 51 of Schedule 1
officially certified CS seedParagraph 29 of Schedule 1
officially certified pre-basic seedParagraph 7 of Schedule 1
official measuresRegulation 2(1)
official sampleRegulation 2(1)
official stampRegulation 2(1)
official UK field inspectionRegulation 2(1)
official UK seed testRegulation 2(1)
overseas tested officially certified basic seed of a component of a listed hybrid varietyParagraph 18 of Schedule 1
overseas tested officially certified basic seed of a listed varietyParagraph 12 of Schedule 1
overseas tested officially certified C1 seed of a listed varietyParagraph 34 of Schedule 1
overseas tested officially certified C2 seed of a listed varietyParagraph 42 of Schedule 1
overseas tested officially certified CS seed of a listed varietyParagraph 26 of Schedule 1
overseas tested officially certified pre-basic seed of a listed varietyParagraph 4 of Schedule 1
perennial ryegrassRegulation 3
pre-basic seedParagraph 1 of Schedule 1
previously listed varietyRegulation 2(1)
properly sealed packageRegulation 24(11)
qualifying seed lotRegulation 11(15)
qualifying seed test reportRegulation 6(4)
red cloverRegulation 3
red fescueRegulation 3
red topRegulation 3
registered nameRegulation 2(1)
registered personRegulation 2(1)
rescue grassRegulation 3
rough stalked meadowgrassRegulation 3
sainfoinRegulation 3
seed that is subject to official post controlRegulation 8(18)
sheep’s fescueRegulation 3
Secretary of StateRegulation 2(1)
seed industry activityRegulation 2(1)
seed lotRegulation 2(1)
seed that has been subject to satisfactory official postcontrolled seedRegulation 2(1)
post control
small EC A package of seedRegulation 2(1)
small EC B package of seedRegulation 2(1)
small seeded legumesRegulation 3
small TimothyRegulation 3
smooth stalked meadowgrassRegulation 3
swedeRegulation 3
tall fescueRegulation 3
tall oatgrassRegulation 3
TimothyRegulation 3
third countryRegulation 2(1)
the Third Country Equivalence DecisionRegulation 2(1)
third country officially certified basic seed of a listed varietyParagraph 11 of Schedule 1
third country officially certified C1 seed of a listed varietyParagraph 33 of Schedule 1
third country officially certified basic seed of a component of a listed hybrid varietyParagraph 17 of Schedule 1
third country officially certified CS seed of a listed varietyParagraph 25 of Schedule 1
third country officially certified C2 seed of a listed varietyParagraph 41 of Schedule 1
Trefoil, black medickRegulation 3
UK field inspection carried out under official supervisionRegulation 2(1)
UK officially certified basic seed of a listed varietyParagraph 9 of Schedule 1 of Schedule 1
UK officially certified basic seed of a component of a listed hybrid varietyParagraph 15 of Schedule 1
UK officially certified C1 seed of a listed varietyParagraph 31 of Schedule 1
UK officially certified C2 seed of a listed varietyParagraph 39 of Schedule 1
UK officially certified commercial seedParagraph 47 of Schedule 1
UK officially certified CS seed of a listed varietyParagraph 23 of Schedule 1
UK officially certified early movement basic seed of a component of a listed hybrid varietyParagraph 19 of Schedule 1
UK officially certified early movement basic seed of a listed varietyParagraph 13 of Schedule 1
UK officially certified early movement C1 seed of a listed varietyParagraph 35 of Schedule 1
UK officially certified early movement C2 seed of a listed varietyParagraph 43 of Schedule 1
UK officially certified early movement commercial seed of seedParagraph 49 of Schedule 1
UK officially certified early movement CS seed of a listed varietyParagraph 27 of Schedule 1
UK officially certified early movement pre-basic seed of a listed varietyParagraph 5 of Schedule 1
UK officially certified pre-basic seed of a listed varietyParagraph 2 of Schedule 1
UK seed test carried out under official supervisionRegulation 2(1)
unlisted varietyRegulation 2(1)
velvet bentRegulation 3
vetchesRegulation 3
whenever carried outRegulation 2(1)
white cloverRegulation 3
white lupinRegulation 3
wood meadowgrassRegulation 3
writingRegulation 2(3)
yellow lupinRegulation 3

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