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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 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 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, 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 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 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.
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