34.—(1) In these Regulations “not finally certified CS seed harvested in an equivalent third country” means CS seed—
(a)to which sub-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 sub-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(b)a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; or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.