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SCHEDULE 1INTERPRETATION

PART IMeaning of pre-basic seed and similar expressions

UK officially certified pre-basic seed of a component used in the production of a listed hybrid variety

7.—(1) In these Regulations “UK officially certified pre-basic seed of a component used in the production of a listed hybrid variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to—

(a)seed of a component used in the production of a listed hybrid 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 component used in the production of a previously listed hybrid 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 in respect of seed of the hybrid variety.

(3) This paragraph applies to—

(a)pre-basic seed of a component used in the production 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 IV 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 component used in the production 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)pre-basic seed of a component used in the production of a listed hybrid 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 sub-paragraph (a)(ii) and (iii);

(d)pre-basic seed of a component used in the production of a previously listed hybrid 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 in respect of seed of the hybrid variety;

(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 a component used in the production of a listed 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 of a component used in the production of a listed hybrid variety 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 component used in the production of a listed hybrid variety, or seed of a component used in the production of a previously listed hybrid variety for which a marketing extension is in force, in respect of which a successful application has been made to the National Assembly under regulation 13 to re-grade it as pre-basic seed.