27.—(1) The requirement contained in paragraph 20(a) (that CS seed be produced directly from officially certified basic seed, or, with the breeder’s 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 (“the harvested CS seed”) was harvested from a crop produced from pre-basic seed to which sub-paragraph (2) applies or basic seed to which sub-paragraph (3) or (4) 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) This sub-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 seed.
(3) This sub-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;
(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 seed.
(4) This sub-paragraph applies to basic seed of a component of a hybrid variety—
(a)that complied with the requirements of sub-paragraph (3)(a) and (b), and
(b)that was a component in the production of the harvested CS seed of the hybrid variety.