"the Act" means the Plant Varieties and Seeds Act 1964;

"Annex II.A(3) official certificate" means an official certificate of the type specified in paragraph 3 of Part A of Annex II to the Third Country Equivalence Decision;

"Annex V(C) document" means an official document of the type specified in the second indented sub-paragraph of Article 15(2) of the Fodder Plant Seed Directive containing the particulars specified in Part C of Annex V to the Directive;

"another member State" means an EEA State other than the United Kingdom;

"approved seed certification authority" means an authority specified in column 2 of the table set out in Annex 1 to the Third Country Equivalence Decision;

"authorised officer" means an officer authorised for the purposes of these Regulations by the National Assembly for Wales, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development;

"blended seed lot" means a seed lot obtained by blending seed where the seed that goes into the blend is  - 

(a) of the same variety;

(b) has come from different sources; and

(c) either  - 


(i) has been officially certified;

(ii) has not been officially certified but has been harvested from a seed crop for which a field inspection report has been issued showing that the crop met the Directive crop conditions for the relevant category of seed; or

(iii) is made up of seed that has been officially certified and seed that has not but for which a field inspection report of the type specified in paragraph (ii) has been issued;

"breeder"  - 

(a) in relation to a variety that has not been entered in a National List or the Common Catalogue, includes any person lawfully multiplying (on his or her own account) seed bred by another, and

(b) in relation to a variety that has been so entered, means the maintainer of the variety;

"breeder's seed" means seed which has been produced by or under the responsibility of the breeder and which is intended for the production of pre-basic or basic seed;

"Common Catalogue" means the Common Catalogue of varieties of species of agricultural plants published in the Official Journal of the European Communities;

"Alsike clover" means plants of the species Trifolium hybridum L.;

"annual meadowgrass" means plants of the species Poa annua L.;

"birdsfoot trefoil" means plants of the species Lotus corniculatus L.;

"blue lupin" means plants of the species Lupinus angustifolius L. which is also commonly known as "narrow-leaved lupin";

"brown top" means plants of the species Agrostis capillaris L.;

"cocksfoot" means plants of the species Dactylis glomerata L.;

"common vetch" means plants of the species Vicia sativa L.;

"creeping bent grass" means plants of the species Agrostis stolonifera L.;

"crucifers" means fodder kale, fodder radish and swede;

"dodder" means plants of the species Cuscuta;

"festulolium" means plants of the species Festuca arundinacea Schreber; Festuca ovina L.; Festuca pratensis Hudson; or Festuca rubra L. x Lolium multiflorum Lam.; Lolium multiflorum Lam.; Lolium perenne L.; or Lolium x boucheanum Kunth;

"field bean" means plants of the species Vicia faba L. (partim);

"field pea" means plants of the species Pisum sativum L. (partim);

"fine grasses" means grasses of the species specified in paragraph 1 of Schedule 2;

"fodder grasses" means grasses of the species specified in paragraph 2 of Schedule 2;

"fodder kale" means plants of the species Brassica oleracea L. convar. acephala (DC) Alef. var. medullosa Thell + var. viridis L.;

"fodder radish" means plants of the species Raphanus sativus L. var. Oleiformis Pers.;

"hairy vetch" means plants of the species Vicia villosa Roth;

"Hungarian vetch" means plants of the species Vicia pannonica Crantz;

"hybrid ryegrass" means plants of the species Lolium x boucheanum Kunth;

"Italian ryegrass " means plants of the species Lolium multiflorum Lam. including Westerwolds ryegrass;

"large seeded legumes" means large seeded legumes of the species specified in paragraph 4 of Schedule 2;

"lucerne" means plants of the species Medicago sativa L. and Medicago x varia T. Martyn;

"lupins" means blue, white and yellow lupins;

"meadow fescue" means plants of the species Festuca pratensis Hudson;

"perennial ryegrass" means plants of the species Lolium perenne L.;

"red clover" means plants of the species Trifolium pratense L.;

"red fescue " means plants of the species Festuca rubra L. including chewings fescue;

"red top" means plants of the species Agrostis gigantea Roth;

"rescue grass" means plants of the species Bromus catharticus Vahl.;

"rough stalked meadowgrass" means plants of the species Poa trivialis L.;

"sainfoin" means plants of the species Onobrychis viciifolia Scop.;

"sheep's fescue" means plants of the species Festuca ovina L. including the plants commonly known as fine-leaved fescue and hard fescue;

"small seeded legumes" means small seeded legumes of the species specified in paragraph 3 of Schedule 2;

"small Timothy" means plants of the species Phleum bertolonii DC.;

"smooth-stalked meadowgrass" means plants of the species Poa pratensis L.;

"swede" means plants of the species Brassica napus L. var. napobrassica (L.) Rchb.;

"tall fescue" means plants of the species Festuca arundinacea Schreber;

"tall oatgrass" means plants of the species Arrhenatherum elatius (L.) J. and C. Presl;

"Timothy" means plants of the species Phleum pratense L.;

"trefoil, black medick" means plants of the species Medicago lupulina L.;

"velvet bent" means plants of the species Agrostis canina L.;

"vetches" means common, hairy and Hungarian vetches;

"white clover" means plants of the species Trifolium repens L.;

"white lupin" means plants of the species Lupinus albus L.;

"wood meadowgrass" means plants of the species Poa nemoralis L.; and

"yellow lupin" means plants of the species Lupinus luteus L.

whether or not for consideration, and "market" and "marketed" shall be construed accordingly.

    (2) Trade in seed not aimed at commercial exploitation of the variety, such as the following operations  - 

(a) the supply of seed to official testing and inspection bodies, and

(b) the supply of seed to a person who provides processing or packaging services but who does not thereby acquire title to the seed supplied,

(a) pre-basic seed;

(b) basic seed;

(c) CS seed;

(d) C1 seed; or

(e) C2 seed of field beans or field peas,

is to be harvested may be made to the National Assembly for Wales by a registered person.

    (2) An application made under this regulation  - 

(a) shall be made in such form and manner as the National Assembly for Wales may require;

(b) shall be made  - 


(i) at such time as the National Assembly for Wales may require, or

(ii) in the case of an application to enter a seed lot made after that time, at such time as the National Assembly for Wales may otherwise allow; and



(c) shall be accompanied



(i) unless otherwise agreed by the National Assembly for Wales, by an official sample of seed taken from the seed lot that is identified by the reference number of the seed lot from which it was taken, and

(ii) by such information and other documents as the National Assembly for Wales may require, including, if required, a copy of a qualifying seed test report relating to the seed lot.

    (3) At an appropriate time following the receipt of an application made under this regulation, the National Assembly for Wales may sow a control plot with seed taken from an official sample of seed taken from the seed lot (whether the official sample submitted in accordance with paragraph (2)(c)(i) or another official sample of seed taken from the seed lot).

    (4) In this regulation  - 

"appropriate time" means a time during the period when seed of the relevant species is usually sown, and

"qualifying seed test report" means  - 

(a) a seed test report issued in accordance with regulation 11(8), (9), (10) or (11), or

(b) in a case where an official sample taken from the seed lot has been found to meet the conditions for the category of seed for which it was tested under regulation 11(6)(b), a seed test report issued in accordance with regulation 11(12)(b).

is to be harvested shall notify the National Assembly for Wales that he or she has sown the seed.

    (2) A notification given under this regulation  - 

(a) shall be given in such form and manner as the National Assembly for Wales may require;

(b) shall be given within such time as the National Assembly for Wales may require;

(c) shall specify the reference number of the seed lot from which the sown seed has been taken; and

(d) shall be accompanied by such information and other documents as the National Assembly for Wales may require.

    (2) An application made under paragraph (1) shall not be made in respect of a regulation 8(1)(a), (b), (c), (d) or (e) crop to produce seed of a variety that is not listed, or seed of a component of a hybrid variety that is not listed, unless  - 

(a) an application for the listing of the variety or the hybrid variety has been made which has not been withdrawn or finally determined, or

(b) a marketing extension is in force in respect of the variety or hybrid variety.

    (3) Subject to paragraph (4), an application may be made to a licensed crop inspector by a registered person for the field inspection of a crop being produced in Wales  - 

(a) from an entered seed lot from which it is intended that CS seed (other than seed of field beans, field peas, Lucerne Medicago sativa, lupins and vetches) is to be harvested ("a regulation 8(3)(a) crop");

(b) from an entered seed lot from which it is intended that C1 seed of field beans, field peas, lucerne Medicago sativa, lupins or vetches is to be harvested ("a regulation 8(3)(b) crop"); or

(c) from an entered seed lot from which it is intended that C2 seed of field beans or field peas is to be harvested ("a regulation 8(3)(c) crop").

    (4) An application under paragraph (3) shall not be made  - 

(a) in respect of a crop to produce seed of a variety or a hybrid variety that is not listed unless a marketing extension is in force in respect of the variety or hybrid variety, and

(b) except in respect of a crop that is being produced from  - 


(i) seed that has been subject to satisfactory official post control, or

(ii) seed that is subject to official post control and for which a determination as to whether the seed is satisfactory seed from which to produce seed of the category and, where applicable, level to which the application relates is awaited.

    (5) If required by the National Assembly for Wales, an application made under paragraph (3) shall be considered by it instead of a licensed crop inspector.

    (6) If permitted by the National Assembly for Wales, an application made under paragraph (3) may be made to it instead of to a licensed crop inspector.

    (7) An application made under paragraph (1) or (3) shall be made in such form and manner and at such time as the National Assembly for Wales may require and shall be accompanied by such information, material, records, illustrations and other documents as it may require.

    (8) Following the receipt of an application made under paragraph (1) or (3), the National Assembly for Wales (in the case of an application made under paragraph (1) or an application made under paragraph (3) that is being considered by it under paragraph (5) or has been made to it under paragraph (6)), or the licensed crop inspector to whom an application under paragraph (3) has been made (as the case may be) shall inspect the crop in accordance with the relevant provisions of paragraph 11 of Schedule 3 to determine  - 

(a) whether the crop meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the category of seed intended to be harvested, and

(b) unless requested not to do so by the applicant, whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any other category of seed to which paragraph (17) applies.

    (9) Subject to paragraph (13), where in the case of an application made to the National Assembly for Wales under paragraph (1) or an application made under paragraph (3) that is being considered by it under paragraph (5) or has been made to it under paragraph (6), the inspected crop is found to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of  - 

(a) the category of seed intended to be harvested, and

(b) where applicable, any other category and level of seed to which paragraph (17) applies,

the National Assembly for Wales shall issue a field inspection report (which it shall retain as a lodged report unless instructed not to do so by the applicant) stating (by reference to the relevant category or categories) that the crop has been found to meet those conditions and shall send the report, or (in a case where the original report is to be retained as a lodged report by the National Assembly for Wales) a copy of the report, to the applicant.

    (10) Where in the case of an application made under paragraph (3) to a licensed crop inspector the inspected crop is found to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production  - 

(a) of the category of seed intended to be harvested, and

(b) where applicable, any other category of seed to which paragraph (17) applies,

the licensed crop inspector shall issue a field inspection report to the applicant stating (by reference to the relevant category or categories of seed) that the crop has been found to meet those conditions.

    (11) Subject to paragraph (13), where in the case of an application made to the National Assembly for Wales under paragraph (1) or an application made under paragraph (3) that is being considered by it under paragraph (5) or has been made to it under paragraph (6), the inspected crop is found not to satisfy the conditions laid down in Schedule 3 or Part I of Schedule 4 for the production of the category of seed intended to be harvested, the National Assembly for Wales shall issue a field inspection report (which it shall retain as a lodged report unless instructed not to do so by the applicant)  - 

(a) stating that the crop has been found not to meet those conditions, and

(b) in a case where the crop has been inspected to determine whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any other category of seed to which paragraph (17) applies, stating the conditions (by reference to the relevant category or categories of seed), if any, met by the crop,

and shall send the report, or (in a case where the original report is to be retained as a lodged report by the National Assembly for Wales) a copy of the report, to the applicant.

    (12) Where in the case of an application made to a licensed crop inspector under paragraph (3) the inspected crop is found not to satisfy the conditions laid down in Schedule 3 or Part I of Schedule 4 for the production of the category of seed intended to be harvested, the licensed crop inspector shall issue a field inspection report to the applicant  - 

(a) stating that the crop has been found not to meet those conditions, and

(b) in a case where the crop has been inspected to determine whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any other category of seed to which paragraph (17) applies, stating the conditions (by reference to the relevant category or categories of seed), if any, met by the crop.

    (13) Where  - 

(a) an application has been made to the National Assembly for Wales under paragraph (1), or an application has been made under paragraph (3) that is being considered by it under paragraph (5) or has been made to it under paragraph (6), in respect of a crop produced from seed which was taken from a seed lot for which a control plot has been sown, and

(b) the results of the examination of the control plot show that the plants produced in the plot do not meet the appropriate conditions laid down in Schedule 3 or Part I or III of Schedule 4 for the production of the category of seed intended to be harvested,

the National Assembly for Wales may take account of the results of that examination when carrying out an inspection of the crop to which the application relates and in determining whether it should issue a field inspection report under paragraph (9) or (11).

    (14) Where paragraph (15) applies, the National Assembly for Wales may carry out its own examination of  - 

(i) a crop to which an application made under paragraph (3) relates;

(ii) any other crops that are being produced from seed that has been taken from the same seed lot and in respect of which an application has been made under paragraph (3); or

(iii) both the crops referred to in paragraphs (i) and (ii).

    (15) This paragraph applies where  - 

(a) an application has been made to a licensed crop inspector under paragraph (3) in respect of seed that is subject to official postcontrol;

(b) the plants produced in the control plot being used for the purpose of the official post control have been examined by or on behalf of the National Assembly for Wales, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development; and

(c) it has been determined by or on behalf of the National Assembly for Wales, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, having regard to  - 


(i) the conditions laid down in paragraphs 4 to 8, 10 and 12 of Schedule 3, and paragraphs 1 and 2 of Schedule 4, and

(ii) the category of seed to which the application relates,



that the plants produced in the control plot are not satisfactory plants from which to produce seed of that category.

    (16) Where the National Assembly for Wales has carried out an examination of the crop referred to in paragraph (14)(i) or the crops referred to in paragraph (14)(ii), or has carried out an examination of both the crop referred to in paragraph (14)(i) and the crops referred to in paragraph (14)(ii), it shall inform the applicant whether it is satisfied that the seed used to produce the crop to which his or her application relates was satisfactory seed to be used for the production of the category of seed to which his or her application relates, and, if the National Assembly for Wales is satisfied that this is the case, the seed shall be treated as seed that has been subject to satisfactory official post control in relation to seed of that category.

    (17) This paragraph applies to the following categories of seed  - 

(a) in the case of an application made under paragraph (1) relating to a regulation 8(1)(a) crop that has been produced from breeder's seed, to the category of basic seed;

(b) in the case of an application made under paragraph (1) relating to a regulation 8(1)(a) crop, other than a crop of field beans, field peas, Lucerne Medicago sativa, lupins or vetches, that has been produced from officially certified pre-basic seed, to the categories of basic and CS seed;

(c) in the case of an application made under paragraph (1) relating to a regulation 8(1)(a) crop of lucerne Medicago sativa, lupins or vetches that has been produced from officially certified pre-basic seed, to the categories of basic and C1 seed;

(d) in the case of an application made under paragraph (1) relating to a regulation 8(1)(a) crop of field beans or field peas that has been produced from officially certified pre-basic seed, to the categories of basic, C1 and C2 seed;

(e) in the case of an application made under paragraph (1) relating to a regulation 8(1)(b) crop that has been produced from breeder's seed, to the category of pre-basic seed;

(f) in the case of an application made under paragraph (1) relating to a regulation 8(1)(b) crop, other than a crop of field beans, field peas, Lucerne Medicago sativa, lupins or vetches or a component of a hybrid variety of fodder kale, produced from officially certified pre-basic seed, to the categories of pre-basic and CS seed;

(g) in the case of an application made under paragraph (1) relating to a regulation 8(1)(b) crop of lucerne Medicago sativa, lupins or vetches produced from officially certified pre-basic seed, to the categories of pre-basic and C1 seed;

(h) in the case of an application made under paragraph (1) relating to a regulation 8(1)(b) crop of field beans or field peas produced from officially certified pre-basic seed, to the categories of pre-basic, C1 and C2 seed; and

(i) in the case of an application made under paragraph (1) relating to a regulation 8(1)(d) crop or a regulation 8(3) application relating to a regulation 8(3)(b) crop of field beans or field peas, to the category of C2 seed.

    (18) In this regulation "seed that is subject to official post control" means seed from a seed lot for which a control plot has been sown by or on behalf of the National Assembly for Wales, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development to produce plants which are to be, or have been, examined by or on behalf of the National Assembly for Wales, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, as the case may be, to determine whether, having regard to  - 

(a) the conditions laid down in  - 


(i) paragraphs 4 to 8, 10 and 12 of Schedule 3, and

(ii) paragraphs 1 to 3 of Schedule 4, and



(b) the category of the seed,

    (3) An application made under this regulation  - 

(a) shall be made in such form and manner as the National Assembly for Wales may require;

(b) shall be made within such time as the National Assembly for Wales may require but, unless otherwise permitted by the National Assembly for Wales, shall be made not later than the time when any seed test report relating to the seed harvested from the crop is lodged with the National Assembly for Wales under regulation 12;

(c) shall, subject to paragraph (4), be accompanied  - 


(i) in relation to a crop produced in Wales, by a copy of the document referred to in paragraph (2)(a);

(ii) in relation to a crop produced in the United Kingdom elsewhere than in Wales, by a copy of the document referred to in paragraph 2(b) except that this need not be provided in a case where confirmation that the crop meets the conditions for the production of the appropriate category of seed has already been provided to the National Assembly for Wales by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development (as the case may be);

(iii) in relation to a crop produced in another member State, by a copy of the document referred to in paragraph 2(c);

(iv) in relation to a crop produced in an equivalent third country, by a copy of the document referred to in paragraph 2(d); and

(v) by such other information and documents as the National Assembly for Wales may require.

    (4) The National Assembly for Wales may permit, subject to any conditions that it may impose, an application made under this regulation relating to a crop for which the applicant previously made an application under regulation 8(3) to be accompanied by the following document instead of the field inspection report issued under regulation 8(10) or (12), namely a document relating to the crop (whether relating to that crop alone or relating to other crops in respect of which a regulation 8(3) application has been made by the applicant)  - 

(a) that states, by reference to the relevant category of seed, the conditions met by that crop;

(b) that identifies the licensed crop inspector or inspectors who inspected the crop;

(c) that states that during a period of three years from the date of issue of the field inspection report, the original report will be produced to the National Assembly for Wales on demand and that a copy of the report will be made available to it on request during that period; and

(d) that contains such other information as the National Assembly for Wales may require.

    (3) Where an application under this regulation has been made in respect of a crop that has not been harvested  - 

(a) the National Assembly for Wales shall, in the case of an application to re-grade a crop as a crop to produce pre-basic or basic seed, carry out a field inspection of the crop to determine whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed if  - 


(i) the previous field inspection report issued in respect of the crop was not issued by it, and

(ii) the condition and stage of development of the crop permit an adequate examination, and



(b) the National Assembly for Wales may, in the case of an application to re-grade a crop as a crop to produce CS, C1 or C2 seed, carry out a field inspection of the crop to determine whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed if the condition and stage of development of the crop permit an adequate examination.

    (4) If the National Assembly for Wales  - 

(a) in the case of an application to re-grade a crop as a crop to produce pre-basic or basic seed  - 


(i) has carried out a field inspection of the crop (whether in connection with the original application for a field inspection of the crop or in accordance with paragraph (3));

(ii) is satisfied that the crop has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; and

(iii) is satisfied that the crop meets or (if the crop has already been harvested) would have met the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed;



(b) in the case of an application to re-grade a crop as a crop to produce CS or C1 seed,  - 



(i) is satisfied that the crop has been produced directly from UK, EC, third country or overseas tested officially certified basic seed of a listed variety, or, with the breeder's written authority, from UK, EC or overseas tested officially certified pre-basic seed of a listed variety; and

(ii) is satisfied that the crop meets or (if the crop has already been harvested) would have met the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed;



(c) in the case of an application to re-grade a crop as a crop to produce C2 seed  - 



(i) is satisfied that the crop has been produced directly from UK, EC, third country or overseas tested officially certified basic or C1 seed of a listed variety, or, with the breeder's written authority, from UK, EC or overseas tested officially certified pre-basic seed of a listed variety; and

(ii) is satisfied that the crop meets or (if the crop has already been harvested) would have met the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed,



it shall notify the applicant that the crop has been found to meet or (if the crop has already been harvested) it has been found that it would have met the conditions referred to in paragraph (a)(iii), (b)(ii) or (c)(ii), as the case may be, and that his or her application to re-grade the crop has been successful.

    (5) If the National Assembly for Wales is satisfied that the conditions specified in paragraph (4) for the relevant category of seed have not been met it shall notify the applicant that his or her application to re-grade the crop has been unsuccessful.

    (6) This paragraph applies to the following categories of seed  - 

(a) pre-basic seed;

(b) basic seed;

(c) in the case of seed other than field beans, field peas, lucerne Medicago sativa, lupins or vetches, CS seed;

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

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

    (2) An application made under this regulation shall not be made in respect of seed of a variety, or a component of a hybrid variety of fodder kale, that is not listed unless  - 

(a) an application for listing of the variety, or hybrid variety, has been made which has not been withdrawn or finally determined; or

(b) a marketing extension is in force in respect of the variety or hybrid variety.

    (2A) Subject to paragraphs (3) and (4), an application may be made to a licensed seed testing station for the testing of an official sample of a seed lot or commercial seed of annual meadowgrass, Hugarian vetch or sainfoin.

    (3) An application made under this regulation may be considered by the National Assembly for Wales instead of a licensed seed testing station.

    (4) If permitted by the National Assembly for Wales, an application made under this regulation may be made to it instead of a licensed seed testing station.

    (5) An application made under this regulation  - 

(a) shall be made in such form and manner and at such time as the National Assembly for Wales may require, and

(b) shall be accompanied by an official sample of the seed to be tested and such other information, material, seeds, records, illustrations and other documents as the National Assembly for Wales may require.

    (6) Following the receipt of an application made under this regulation the licensed seed testing station (or the National Assembly for Wales in a case where an application made under this regulation is being considered by it under paragraph (3) or has been made to it under paragraph (4)) shall, subject to paragraph (7), test seed taken from the official sample provided under paragraph (5)(b) to determine whether it meets the conditions laid down in Part II of Schedule 4  - 

(a) for the category and, where applicable, level of seed for which the application is being made, and

(b) unless requested not to do so by the applicant, for any other category and level of seed to which paragraph (14) applies.

    (7) Where a seed test report has previously been issued by a licensed seed testing station (or the National Assembly for Wales in a case where an application made under this regulation is being considered by it under paragraph (3) or has been made to it under paragraph (4)) in accordance with paragraph (8)(a), (9), (10), (11) or (12) in respect of a seed lot, the licensed seed testing station (or the National Assembly for Wales where paragraph (3) or (4) applies) may decide not to test any further official sample of that seed lot for the purposes of paragraph (6) if the information contained in the previously issued report contains sufficient information to enable it (or the National Assembly for Wales) to determine that the official sample would meet the conditions laid down in Part II of Schedule 4  - 

(a) for the appropriate category and, where applicable, level of seed, and

(b) where applicable, for any other category and level of seed to which paragraph (14) applies.

    (8) Subject to paragraph (13), where  - 

(a) the official sample is found to satisfy the conditions laid down in Part II of Schedule 4 for


(i) the appropriate category and, where applicable, level of seed, and

(ii) where applicable, for any other category and level of seed to which paragraph (14) applies, or



(b) the provisions of paragraph (7) apply,

the licensed seed testing station (or the National Assembly for Wales where paragraph (3) or (4) applies) shall issue a seed test report to the applicant stating (by reference to the relevant category or categories and, where applicable, level of seed) that the seed lot has been found to meet those conditions.

    (9) Subject to paragraph (13), where it has been determined, by way of a Schedule 4 germination test, that the official sample taken from a regulation 11(1)(a) or (b) seed lot will not meet the applicable germination condition but the sample is found to satisfy all the other conditions laid down in Part II of Schedule 4 for the appropriate category of seed, the licensed seed testing station (or the National Assembly for Wales where paragraph (3) or (4) applies), shall issue a seed test report to the applicant containing a statement to that effect.

    (10) Where (otherwise than in connection with a retest of the seed) the results of a Schedule 4 germination test of an official sample of a seed lot referred to in paragraph (1) are awaited, and, except for the result of that test, the official sample has otherwise been found to meet all the other conditions laid down in Part II of Schedule 4  - 

(a) for the appropriate category and, where applicable, level of seed, and

(b) where applicable, for any other category and, where applicable, level of seed to which paragraph (14) applies,

the licensed seed testing station (or the National Assembly for Wales in a case where paragraph (3) or (4) applies), shall, subject to paragraph (13), issue an interim seed test report to the applicant stating that the results of the Schedule 4 germination test for the official sample are awaited but that it has otherwise been found to meet all the other conditions laid down in Part II of Schedule 4 for the appropriate category and, where applicable, level of seed, and, where applicable, for any other category and level of seed to which paragraph (14) applies.

    (11) Where, following the issue of an interim seed test report under paragraph (10), the tested seed is found to meet the applicable germination condition, the licensed seed testing station (or the National Assembly for Wales in a case where paragraph (3) or (4) applies), shall, subject to paragraph (13), issue a seed test report to the applicant stating that the official sample has been found to meet the conditions laid down in Part II of Schedule 4 for the appropriate category and, where applicable, level of seed, and, where applicable, for any other category and level of seed to which paragraph (14) applies.

    (12) Subject to paragraphs (9) and (10), where an official sample of a seed lot referred to in paragraph (1) is found not to satisfy the conditions laid down in Part II of Schedule 4 for the appropriate category and, where applicable, level of seed, the licensed seed testing station (or the National Assembly for Wales in a case where paragraph (3) or (4) applies) shall issue and send the applicant a seed test report  - 

(a) stating that the official sample has been found not to meet those conditions, and

(b) subject to paragraph (13), in a case where the seed has been tested to determine whether it meets the conditions laid down in Part II of Schedule 4 for any other category and, where applicable, level of seed to which paragraph (14) applies, stating (by reference to the relevant category and level) whether the seed has been found to meet the conditions for any such category and level.

    (13) If it appears to the National Assembly for Wales that an official sample of the seed lot taken for the purpose of a test in order to ascertain whether it met the appropriate conditions laid down in Part II of Schedule 4 was not taken in accordance with the requirements of regulation 23 the National Assembly for Wales may  - 

(a) in a case where paragraph (3) or (4) applies, refuse to issue a seed test report in accordance with paragraph (8), (9), (10), (11) or (12)(b), and, in such a case, shall notify the applicant of its decision and the reason for it, or

(b) in a case where paragraph (3) or (4) does not apply, direct the licensed seed testing station to refuse to issue a seed test report in accordance with those paragraphs and the licensed seed testing station shall comply with that direction and shall notify the applicant of the reason for its refusal to issue the report.

    (14) This paragraph applies to the following categories and levels of seed  - 

(a) in the case of an application made under paragraph (1) relating to a regulation 11(1)(a) seed lot of field beans or field peas, to the categories of basic, C1 and C2 categories of seed;

(b) in the case of an application made under paragraph (1) relating to a regulation 11(1)(a) seed lot of lucerne Medicago sativa, lupins or vetches, to the categories of basic and C1 seed;

(c) in the case of an application made under paragraph (1) relating to a regulation 11(1)(a) seed lot of an HVS species of seed, to the categories of basic and minimum level CS seed and, if the applicant so requests, HVS level CS seed;

(d) in the case of an application made under paragraph (1) relating to a regulation 11(1)(b) seed lot of field beans or field peas to the categories of pre-basic, C1 and C2 seed;

(e) in the case of an application made under paragraph (1) relating to a regulation 11(1)(b) seed lot of lucerne Medicago sativa, lupins or vetches, to the categories of pre-basic and C1 seed;

(f) in the case of an application made under paragraph (1) relating to a regulation 11(1)(b) seed lot of an HVS species of seed, to the categories of pre-basic and minimum level CS seed and, if the applicant so requests, HVS level CS seed;

(g) in the case of an application made under paragraph (1) relating to a regulation 11(1)(c) seed lot, to the category of minimum level CS seed; and

(h) in the case of an application made under paragraph (1) relating to a regulation 11(1)(e) seed lot of field beans or field peas to the category of C2 seed.

    (15) In this regulation "qualifying seed lot" means a seed lot  - 

(a) containing seed harvested from a crop produced in Wales for which a field inspection report has been issued in accordance with  - 


(i) regulation 8(9);

(ii) regulation 8(10);

(iii) regulation 8(11) in a case where the crop has been found to meet the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any category of seed referred to in regulation 8(11)(b);

(iv) regulation 8(12) in a case where the crop has been found to meet the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any category of seed referred to in regulation 8(12)(b);



(b) containing seed harvested from a crop produced in the United Kingdom elsewhere than in Wales  - 



(i) in respect of which the National Assembly for Wales has received confirmation of crop approval by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development (as the case may be) that the crop meets conditions equivalent to those laid down in Schedule 3 and Part I of Schedule 4, or

(ii) for which a copy of the field inspection report relating to the crop has been lodged with the National Assembly for Wales in accordance with regulation 9; or



(c) imported into the United Kingdom as  - 



(i) not finally certified pre-basic, basic, CS, C1 or C2 seed harvested in another member State and for which the Annex V(C) document relating to the crop from which the seed in the seed lot was harvested has been lodged with the National Assembly for Wales in accordance with regulation 9, or

(ii) not finally certified CS or C1 seed harvested in an equivalent third country and for which the Annex II.A(3) official certificate relating to the crop from which the seed in the seed lot was harvested has been lodged with the National Assembly for Wales in accordance with regulation 9.

    (2) An application to lodge a final seed test report  - 

(a) shall be made in such form and manner as the National Assembly for Wales may require, and

(b) shall be accompanied by the final seed test report and such other information and documents as the National Assembly for Wales may require.

    (3) The National Assembly for Wales  - 

(a) may test, or arrange for a licensed seed testing station to test, an official sample of a seed lot in respect of which an application under this regulation has been made to re-grade  - 


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

(ii) UK, EC, third country or overseas tested officially certified basic seed of a listed variety as UK officially certified pre-basic seed of a listed variety;



to determine whether the official sample would meet the conditions laid down in Part II of Schedule 4 for the new category and, where applicable, level of seed;

(b) subject to paragraph (4), shall test, or arrange for a licensed seed testing station to test, an official sample of the seed lot in the case of any other application made under this regulation to determine whether the official sample would meet the conditions laid down in Part II of Schedule 4 for the new category and, where applicable, level of seed.

    (4) Where a seed test report has previously been issued in accordance with regulation 11(8)(a), (9), (10), (11) or (12) in respect of a seed lot for which an application has been made under this regulation, the National Assembly for Wales may decide not to test the official sample referred to in paragraph (2) for the purposes of paragraph (3)(b) if the information contained in the previously issued report contains sufficient information to enable it to determine that the official sample would meet the conditions laid down in Part II of Schedule 4 for the appropriate category and, where applicable, level of seed.

    (5) Where  - 

(a) in the case of an application to re-grade seed as pre-basic or basic seed  - 


(i) the National Assembly for Wales is satisfied that the seed has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety;

(ii) in a case where the seed was harvested from a crop produced in Wales, the National Assembly for Wales carried out a field inspection of the crop;

(iii) in a case where the seed was harvested from a crop produced in the United Kingdom elsewhere than in Wales, a field inspection of the crop was carried out by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development;

(iv) in a case where the seed was harvested from a crop produced in another member State, a field inspection of the crop was carried out by or on behalf of the seed certification authority in the member State; and

(v) in a case where the seed was harvested from a crop produced in an equivalent third country, a field inspection of the crop was carried out by the approved seed certification authority in the third country;



(b) in the case of an application to re-grade pre-basic or basic seed as minimum or HVS level CS seed or C1 or C2 seed, the National Assembly for Wales is satisfied that the seed has been harvested from a crop produced directly from UK, EC or overseas tested officially certified pre-basic seed of a listed variety;

(c) in the case of an application to re-grade seed, other than pre-basic or basic seed, as minimum or HVS level CS seed or C1 or C2 seed, the National Assembly for Wales is satisfied that the seed has been harvested from a crop produced directly from  - 



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

(ii) with the breeder's written authority, from UK, EC or overseas tested officially certified pre-basic seed of a listed variety;



(d) the National Assembly for Wales is satisfied that the seed was harvested from a crop that met the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category and, where appropriate, level of seed;

(e) in a case where the official sample referred to in paragraph (2) has been tested in accordance with paragraph (3), it has been found to satisfy the conditions laid down in Part II of Schedule 4 for the new category of seed; and

(f) in a case where the official sample referred to in paragraph (2) has not been tested, the National Assembly for Wales is satisfied on the basis of the information contained in a seed test report previously issued in respect of the lot  - 



(i) by on behalf of the National Assembly for Wales, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development or by a licensed seed testing station;

(ii) by on behalf of the competent seed certification authority in another member State or by a licensed EC seed testing station in another member State; or

(iii) by the approved seed certification authority or by a licensed third country seed testing station in an equivalent third country,



that the seed in the lot satisfies the conditions laid down in Part II of Schedule 4 for the new category of seed,

    (2) The National Assembly for Wales may withdraw the official certification in respect of a seed lot, or any part of a seed lot, by giving notice to  - 

(a) the person who made an application under regulation 11 in respect of the seed lot, or

(b) any person marketing, or who has marketed, any of the seed.

    (3) Where the official certification of a seed lot, or part of a seed lot, is withdrawn under this regulation, the National Assembly for Wales may notify  - 

(a) the person who made an application under regulation 11 in respect of the seed lot,

(b) any person marketing, or who has marketed, any of the seed; and

(c) any person who has purchased, or been supplied with, any of the seed,

that the official certification in respect of the lot, or part of the lot (as the case may be) has been withdrawn.

    (4) Where the official certification of a seed lot, or part of a seed lot, is withdrawn under this regulation, the person to whom notice is given under paragraph (2) shall, as soon as practicable, and in any case not later than 7 days after receiving the notice, notify any person to whom he or she has sold or supplied any of the seed of such withdrawal.

    (5) Any person who has purchased seed from a seed lot, or part of a seed lot, for which official certification has been withdrawn under this regulation (not being a person notified under paragraph (2))shall notify any person to whom he or she has sold or supplied any of the seed of the withdrawal as soon as practicable after receiving notice of it  - 

(a) pursuant to paragraph (3), by the National Assembly for Wales, or

(b) pursuant to paragraph (4), by the person who sold or supplied the seed to him or her,

and, in any case, not later than 7 days after receiving such notice.

(a) the species;

(b) the variety;

(c) the category;

(d) the country of production and the official inspection authority;

(e) the country of despatch;

(f) the importer; and

(g) the quantity of seed.

    (2) In the event of the official germination test showing the failure of the seed to comply with the minimum germination standard specified in paragraph 14 of Part II of Schedule 4 for seed of the relevant category, the person marketing the seed shall provide the first buyer with the result of the completed official germination test, in writing, as soon as practicable and in any event not later than seven days after being informed of it.

    (3) Paragraphs (1) & (2) shall not apply to seed which has been imported from a country which is not an EEA State.

    (4) For purposes of this regulation,

(a) "officially certified early movement pre-basic seed" means - 


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

(ii) EC officially certified early movement pre-basic seed of a listed variety;

(iii) UK officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety; and

(iv) EC officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety.



(b) "officially certified basic seed"  - 



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

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

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

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



(c) "officially certified early movement commercial seed" means  - 



(i) UK officially certified early movement commercial seed;

(ii) EC officially certified early movement commercial seed.

    (2) No person shall market officially certified early movement CS, C1, C2 or commercial seed unless  - 

(a) he or she guarantees a minimum percentage of germination for the seed that is  - 


(i) the same as the EC minimum percentage of germination for the relevant species of seed, and

(ii) the same as, or less than, the percentage of germination for the seed ascertained by the provisional analysis on which the certification of the seed was based, and



(b) he or she provides the purchaser, upon or before delivery of the seed, with a statement  - 



(i) stating that the seeds are being marketed before the completion of the official germination test;

(ii) specifying the guaranteed minimum percentage of germination; and

(iii) specifying the name and address of the person marketing the seed and the reference number of the seed lot.

    (3) Where any person  - 

(a) markets seed in accordance with paragraph (1) or (2), and

(b) the official germination test shows that the percentage of germination of the seed is less than the minimum percentage of germination guaranteed in accordance with the requirements of paragraph (1)(a) or (2)(a) as the case may be,

    (2) An application for authorisation under paragraph (1)(a) shall be made in such form and manner and at such time as the National Assembly for Wales shall require and shall be accompanied by such information as the National Assembly for Wales may require for the purpose of determining whether to grant an authorisation.

    (3) The National Assembly for Wales shall not grant an authorisation under paragraph (1)(a) unless  - 

    (4) A general licence issued under paragraph (2)  - 

(a) shall have effect during the period specified in it unless the National Assembly for Wales revokes it earlier, and

(b) may impose such conditions as the National Assembly for Wales thinks necessary or desirable having regard to the marketing permitted by the general licence and the nature of the seed to which it relates, including a condition relating to the keeping of records in respect of the marketing of the seed.

unless it is marketed in a sufficiently homogeneous seed lot or in part of such a seed lot.

    (2) Subject to paragraph (3), no person shall market  - 

(a) any breeder's seed;

(b) officially certified pre-basic, basic, CS, C1, C2 or commercial seed; or

(c) a mixture of seeds to which regulation 22 applies,

unless it is in a properly sealed package.

    (3) Paragraph (2) shall not apply in the case of  - 

(a) the marketing to the final consumer of  - 


(i) seed of field beans or field peas not exceeding 3 kilograms in weight;

(ii) seed, other than seed of field beans and field peas, not exceeding 2 kilograms in weight; or

(iii) a mixture of seeds to which the provisions of regulation 22(1) and (2) apply not exceeding 7 kilograms in weight, or



(b) the marketing of officially certified C1 or C2 seed of field beans or field peas in bulk direct to the final consumer in a container that is closed after filling and in respect of which the person marketing the seed delivers a note to the final consumer containing the information that, if the seed had been contained in a package, would need to have been given on the official label on such package in accordance with regulation 26(7).

    (4) In this regulation, in the case of breeder's seed, "properly sealed package" means a sealed package of seed that has been sealed in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.

    (5) In this regulation, in the case of a package of seed to which paragraph (6) applies and that has been sealed only once, "properly sealed package" means  - 

(a) in the case of a package of seed sealed in Wales, a sealed package of seed that has been sealed  - 


(i) no later than at the time of official sampling;

(ii) by a person to whom regulation 25(5) applies;

(iii) using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal; and

(iv) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package;



(b) in the case of a package of seed sealed in  - 



(i) in the United Kingdom, elsewhere than in Wales, or

(ii) in another member State,



a sealed package of seed that has been sealed in accordance with the provisions of Article 9(1) of the Fodder Plant Seed Directive;

(c) in the case of a package of seed sealed in an equivalent third country, a sealed package of seed that has been sealed in accordance with the provisions of paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision.

    (6) This paragraph applies to a package of officially certified pre-basic, basic, CS, C1, C2 or commercial seed other than a small EC B package of basic, CS, C1, C2 or commercial seed.

    (7) In this regulation, in the case of a package of seed to which paragraph (8) applies and that has been sealed only once, "properly sealed package" means  - 

(a) in the case of a package of seed sealed in Wales, a sealed package of seed that has been sealed  - 


(i) by a person to whom regulation 25(5) applies;

(ii) using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal; and

(iii) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package, or



(b) in the case of a package of seed sealed in  - 

(i) in the United Kingdom, elsewhere than in Wales, or

     (ii) in another member State,

a sealed package of seed that has been sealed in accordance with the provisions of Article 9(1) of the Fodder Plant Seed Directive.

    (8) This paragraph applies to a package of a mixture of seeds to which regulation 22 applies other than a small EC A or B package of such seed.

    (9) In this regulation, in the case of a package of seed to which paragraph (10) applies and that has been sealed only once, "properly sealed package" means  - 

(a) in the case of a package of seed sealed in Wales, a sealed package of seed that has been sealed in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package,

(b) in the case of a package of seed sealed in  - 


(i) the United Kingdom, elsewhere than in Wales, or

(ii) another member State,



a sealed package of seed that has been sealed in accordance with the relevant provisions of Article 9(3) of the Fodder Plant Seed Directive.

    (10) This paragraph applies to  - 

(a) a small EC A or B package of a mixture of seeds to which regulation 22 applies, and

(b) a small EC B package of officially certified basic, CS, C1, C2 or commercial seed.

    (11) In this regulation, in the case of a package of seed to which paragraph (12) applies and that has been sealed more than once, "properly sealed package" means  - 

(a) in the case of a package of seed that has been resealed in Wales, a sealed package of seed that, on each occasion it has been resealed, has been resealed  - 


(i) by a person to whom regulation 25(5) applies, and

(ii) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package;



(b) in the case of a package of seed that has been resealed in  - 



(i) the United Kingdom, elsewhere than in Wales, or

(ii) another member State,



a sealed package of seed that, on each occasion it has been resealed, has been sealed in accordance with the provisions of Article 9(2) of the Fodder Plant Seed Directive; and

(c) in the case of seed that has been resealed in an equivalent third country, a sealed package of seed that, on each occasion it has been resealed, has been resealed in accordance with the provisions of paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision.

    (12) This paragraph applies to  - 

(a) a package of officially certified pre-basic, basic, CS, C1, C2 or commercial seed, other than a small EC B package of officially certified basic, CS, C1, C2 or commercial seed, and

(b) a package of a mixture of seeds to which regulation 22 applies, other than a small EC A or B package of such seeds.

    (13) In this regulation, in the case of a package of seed to which paragraph (14) applies and that has been sealed more than once, "properly sealed package" means  - 

(a) in the case of a package of seed that has been resealed in Wales, a sealed package of seed that, on each occasion it has been resealed, has been resealed  - 


(i) by a person to whom regulation 25(5) applies, and

(ii) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package, and



(b) in the case of a package of seed that has been resealed in  - 



(i) the United Kingdom, elsewhere than in Wales, or

(ii) another member State,



a sealed package of seed that, on each occasion it has been resealed, has been resealed in accordance with the provisions of Article 9(3) of the Fodder Plant Seed Directive.

    (14) This paragraph applies to  - 

(a) a small EC A or B package of a mixture of seeds to which regulation 22 applies, and

(b) a small EC B package of officially certified basic, CS, C1, C2 or commercial seed.

except a person to whom paragraph (5) applies.

    (2) Paragraph (1) shall not apply in the case of  - 

(a) a small EC A or B package of a mixture of seeds to which regulation 22 applies, or

(b) a small EC B package of officially certified basic, CS, C1, C2 or commercial seed.

    (3) Subject to paragraph (4), no person shall reseal a package of  - 

(a) officially certified pre-basic, basic, CS, C1, C2 or commercial seed, or

(b) a mixture of seeds to which regulation 22 applies,

except a person to whom paragraph (5) applies.

    (4) Paragraph (3) shall not apply where a package has been resealed that had previously been opened by the final consumer of the seed for the purpose of using some of the seed in the package.

    (5) This paragraph applies to  - 

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

(b) a licensed seed sampler and any person being supervised by such a person.

except in a package that is labelled in accordance with the following paragraphs of this regulation.

    (2) Paragraph (1) shall not apply to the marketing of seed, as grown, for processing provided the identity of the seed is ensured.

    (3) Paragraph (1) shall not apply to the marketing in bulk of officially certified C1 or C2 seed of field beans or field peas direct to the final consumer in a container that is closed after filling and in respect of which the person marketing the seed delivers a note to the final consumer, not later than the time of delivery of the seed, containing the information given on the official label on the container from which the seed was taken.

    (4) A person may market any seeds otherwise than in a package that complies with the other provisions of this regulation direct to the final consumer where the seed is sold or supplied in a quantity not exceeding  - 

(a) 3 kilograms in the case of seed of field beans or field peas;

(b) 2 kilograms in the case of seed other than seed of field beans and field peas; or

(c) 7 kilograms in the case of a mixture of seeds to which the provisions of regulation 22(1) or (2) apply,

and is taken, in the presence of the final consumer, from a container on which there is clearly and visibly marked or near which there is clearly and visibly displayed a statement containing particulars of the matters specified in paragraph 1 of Schedule 8 in the case of seed of the species specified in sub-paragraph (a) and (b) of this paragraph and paragraph 2 of that Schedule in the case of seed of the type specified in sub-paragraph (c) of this paragraph.

    (5) A package of breeder's seed shall be labelled in accordance with paragraphs 3 and 4 of Schedule 8.

    (6) A package of officially certified pre-basic seed shall be labelled  - 

(a) in the case of a package of seed sealed in Wales, in accordance with paragraphs 5 to 8 of Schedule 8, and

(b) in the case of a package of seed sealed  - 


(i) in the United Kingdom, elsewhere than in Wales, or

(ii) in another member State,



in accordance with the provisions of Article 14a(c) of the Fodder Plant Seed Directive.

    (7) A package of officially certified basic, CS, C1 or C2 seed, other than a small EC B package of such seed, shall be labelled  - 

(a) in the case of a package of seed sealed in Wales, in accordance with paragraphs 9 to 13 of Schedule 8;

(b) in the case of a package of seed sealed  - 


(i) in the United Kingdom, elsewhere than in Wales, or

(ii) in another member State,



in accordance with the provisions of Article 10(1)(a) of the Fodder Plant Seed Directive as they apply to basic, CS, C1 or C2 seed; and

(c) in the case of a package of basic, CS or C1 seed sealed in an equivalent third country, in accordance with the provisions of paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision as they apply to that category of seed.

    (8) A small EC B package of officially certified basic, CS, C1 or C2 seed shall be labelled  - 

(a) in the case of a package of seed sealed in Wales, in accordance with paragraphs 14 to 16 of Schedule 8;

(b) in the case of a package of seed sealed  - 


(i) in the United Kingdom, elsewhere than in Wales, or

(ii) in another member State,



in accordance with the provisions of Article 10a(1) of the Fodder Plant Seed Directive.

    (9) A package of officially certified commercial seed, other than a small EC B package of such seed, shall be labelled  - 

(a) in the case of a package of seed sealed in Wales, in accordance with paragraphs 17 to 21 of Schedule 8, and

(b) in the case of a package of seed sealed  - 


(i) in the United Kingdom, elsewhere than in Wales, or

(ii) in another member State,



in accordance with the provisions of Article 10(1)(a) of the Fodder Plant Seed Directive as they apply to commercial seed.

    (10) A small EC B package of officially certified commercial seed shall be labelled  - 

(a) in the case of a package of seed sealed in Wales, in accordance with paragraphs 22 to 24 of Schedule 8;

(b) in the case of a package of seed sealed  - 


(i) in the United Kingdom, elsewhere than in Wales, or

(ii) in another member State,



in accordance with the provisions of Article 10(a)(1) of the Fodder Plant Seed Directive.

    (11) A package of a mixture of seeds to which regulation 22(1) or (2) applies, other than a small EC A or B package of such seeds, shall be labelled  - 

(a) in the case of a package of seed sealed in Wales, in accordance with paragraphs 25 to 28 of Schedule 8;

(b) in the case of a package of seed sealed  - 


(i) in the United Kingdom, elsewhere than in Wales, or

(ii) in another member State,



in accordance with the provisions of Article 10(1)(a) of the Fodder Plant Seed Directive as read with Article 13(3) of that Directive.

    (12) A small EC A package of a mixture of seeds to which regulation 22(1) or (2) applies shall be labelled  - 

(a) in the case of a package of seed sealed in Wales, in accordance with paragraphs 29 to 31 of Schedule 8,

(b) in the case of a package of seed sealed  - 


(i) in the United Kingdom, elsewhere than in Wales, or

(ii) in another member State,



in accordance with the provisions of Article 10a(1) of the Fodder Plant Seed Directive as read with Article 13(3) of that Directive.

    (13) A small EC B package of a mixture of seeds to which regulation 22(1) or (2) applies shall be labelled  - 

(a) in the case of a package of seed sealed in Wales, in accordance with paragraphs 32 to 34 of Schedule 8,

(b) in the case of a package of seed sealed  - 


(i) in the United Kingdom, elsewhere than in Wales, or

(ii) in another member State,



in accordance with the provisions of Article 10a(1) of the Fodder Plant Seed Directive as read with Article 13(3) of that Directive.

    (14) A package of officially certified basic, CS, C1, C2 or commercial seed (other than a small EC B package of such seed) and a package of a mixture of seeds to which regulation 22(1) or (2) applies (other than a small EC A or B package of such seeds) shall contain a document that  - 

(a) in the case of a package of seed sealed in Wales  - 


(i) is the same colour as the official label fixed to the outside of the package in accordance with the provisions of this regulation;

(ii) in the case of basic, CS, C1 or C2 seed contains the particulars specified in paragraph 9(c), (e) and (f) of Schedule 8;

(iii) in the case of commercial seed contains the particulars specified in paragraph 17(b), (d) and (f) of Schedule 8;

(iv) in the case of a registered mixture of seeds contains the particulars specified in paragraph 25(c) and (e) of Schedule 8; and

(v) in the case of a mixture of seeds other than a registered mixture of seeds contains the particulars specified in paragraph 25(c) and (f) of Schedule 8;



(b) in the case of a package of seed sealed  - 



(i) in the United Kingdom, elsewhere than in Wales, or

(ii) in another member State,



is in accordance with the provisions of Article 10(1)(b) of the Fodder Plant Seed Directive as they apply to such seed and as read with Article 13.3 of that Directive in the case of a mixture of seeds to which regulation 22(1) or (2) applies; and

(c) in the case of a package of seed sealed in an equivalent third country, is in accordance with the provisions of paragraph 3.3 of Part B of Annex II to the Third Country Equivalence Decision as they apply to such seed.

    (15) The provisions of paragraph (14) shall not apply if  - 

(a) the particulars specified in paragraph (14)(a)(ii), (iii) or (v) as appropriate are printed indelibly on the outside of the package, or

(b) the official label is an adhesive or a tear resistant label.

    (16) Notwithstanding paragraph (7) a package of officially certified basic, CS, C1 or C2 seed may be marketed if  - 

(a) the appropriate particulars of the matters specified in paragraphs 9(a) to (l) of Schedule 8, and if so desired the particulars specified in paragraph 10 of that Schedule, are printed or stamped indelibly on the package in a panel of at least the size specified in paragraph 11 of Schedule 8 and of the colour specified in paragraph 12 of Schedule 8, and

(b) the requirements of Part VII of that Schedule are satisfied.

    (17) In the case of seed of a variety that has been genetically modified  - 

(a) any label or document, official or otherwise, which is fixed to or accompanies a seed lot or any part of a seed lot under the provisions of these Regulations, and

(b) any particulars given under paragraph (4),

shall clearly indicate that the variety has been genetically modified.

    (18) If any breeder's seed or officially certified pre-basic, basic, CS, C1, C2 or commercial seed or a mixture of seeds to which regulation 22(1) or (2) applies has been subjected to any chemical treatment then this fact and the nature of the treatment or the proprietary name of the chemical used in the treatment shall be stated either  - 

(a) in a case where paragraph (3) or (4) applies, with the particulars given in accordance with that paragraph; and

(b) in a case where paragraph (3) or (4) does not apply  - 


(i) on a separate supplier's label on the package; or

(ii) on the label required under paragraph (5), (6), (7), (8), (9), (10), (11), (12) or (13);



and also, except where the information prescribed by this paragraph is given on an adhesive or tear-resistant label, either on the outside of the package or on a document enclosed inside the package.

    (19) Subject to paragraph (20), if a package of officially certified pre-basic, basic, CS, C1, C2 or commercial seed, other than a small EC A or EC B package of a mixture of seeds to which regulation 22(1) or (2) applies or a small EC B package of officially certified basic, CS, C1, C2 or commercial seed, has been resealed this fact shall be stated on the official label together with the date of resealing and the name of the authority responsible for the resealing.

    (20) Where a package of seed of the type specified in paragraph 11, 12(3), 17, 18(3), 25, 26(3), 26(4), 33, 34(3), 34(4), 41, 42(2) and 43(3) of Schedule 1 is resealed, the package shall be labelled with an OECD label containing the particulars otherwise required under this regulation.

    (21) The particulars and the information given in accordance with this regulation shall be given in one of the official languages of any member State.

    (22) Subject to the provisions of the Act and of these Regulations, no person shall, in the course of the marketing or the preparation for marketing of any seed by himself or herself or another person, wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label fixed to, contained in or marked on any package of seed or which is to be so fixed, contained or marked.

(a) deriving any private gain from any official measures carried out under the arrangement, and

(b) carrying out any official measures under the arrangement except under the supervision of the National Assembly for Wales.

    (3) An arrangement under this regulation may include such conditions as the National Assembly for Wales is of the opinion are necessary or desirable for the purposes referred to in paragraphs (1) and (2) above, including conditions  - 

(a) specifying  - 


(i) the official measures that the person with whom the arrangement is made shall carry out under it;

(ii) the species and generation of seed in respect of which he may carry out the official measures;

(iii) the methods to be used in connection with the official measures he or she carries out under the arrangement;

(iv) the fees that may be charged by the person with whom the arrangement is made in relation to the official measures he carries out under it; and

(v) the records that must be kept by the person with whom the arrangement is made in connection with the official measures he or she carries out;



(b) prohibiting the person with whom the arrangement is made from  - 



(i) carrying out the official measures except under official supervision, and

(ii) charging fees in relation to the official measures he or she carries out under the arrangement except to the extent that these do not exceed the costs he or she incurs in carrying them out; and



(c) prohibiting the person with whom the arrangement is made from making any further arrangement for any purpose in connection with the carrying out of any of the official measures he or she has arranged with the National Assembly for Wales to carry out, unless  - 



(i) the National Assembly for Wales has first approved all the conditions of the further arrangement and the person with whom the arrangement was made has received the prior approval of the National Assembly for Wales to make the further arrangement;

(ii) the further arrangement includes a condition prohibiting the making of any subsequent arrangements for any purpose in connection with the carrying out of any of the official measures in respect of which the National Assembly for Wales made the arrangement;

(iii) the further arrangement includes an acknowledgement by the person with whom it is made that the National Assembly for Wales may vary, suspend or revoke the further arrangement, whether or not it also varies, suspends or revokes the arrangement it made with the person seeking its approval for the further arrangement; and

(iv) the further arrangement includes the conditions specified in paragraphs (a) and (b).

    (4) The National Assembly for Wales shall not approve the making of a further arrangement by any person with whom it makes an arrangement under this regulation unless it is satisfied that the person with whom the further arrangement is to be made  - 

(a) will not derive any private gain from any official measures he or she is to be authorised to carry out under the further arrangement, and

(b) will not carry out any official measures under the further arrangement except under official supervision.

    (5) The National Assembly for Wales may vary, suspend or revoke an arrangement or the conditions of an arrangement made under this regulation, or a further arrangement or any of the conditions of a further arrangement under this regulation, by giving notice to the person with whom the arrangement or further arrangement is made, and a further arrangement may be varied, suspended or revoked under this paragraph notwithstanding that the arrangement in respect of which it was made is not also varied, suspended or revoked.

    (6) A notice of a variation, suspension or revocation of an arrangement or further arrangement, or of a condition of an arrangement or further arrangement, shall specify  - 

(a) in respect of a variation or a revocation, a date on and after which the variation or revocation shall have effect, and

(b) in respect of a suspension, a period during which suspension shall have effect,

    (3) A person carrying out official measures in accordance with an arrangement or further arrangement under regulation 28 may charge any person, including any other person with whom an arrangement or further arrangement has been made under regulation 28, reasonable fees in respect of costs he reasonably incurs in carrying out official measures under the responsibility of the National Assembly for Wales in accordance with these Regulations.

    (4) All fees payable under these Regulations in connection with any application shall be payable  - 

(a) at the time the application is made, or

(b) with the agreement of the National Assembly for Wales or a person carrying out official measures in accordance with an arrangement or further arrangement under regulation 28 (as the case may be), within twenty-eight days following notice from the National Assembly for Wales or that person (as the case may be) demanding the fee payable in respect of such application.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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)  - 

Species	Maximum 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  -	1	2	Not applicable
(i) annual meadowgrass
(ii) festulolium
(iii) red fescue
(iv) sheep's fescue
(v) smooth-stalked meadowgrass
(b) annual meadowgrass	1	5	Not applicable
(c) red fescue	2	5	5
(d) sheep's fescue and festulolium	2	5	Not applicable
(e) smooth-stalked meadowgrass	1	2	2
2. Fodder grasses
(a) fodder grasses other than  -	2	5	5
(i) Alaska brome-grass
(ii) rescue grass
(iii) small Timothy
(iv) tall oatgrass
(v) Timothy
(b) Alaska brome-grass	5	10	Not applicable
(c) rescue grass	5	10	Not applicable
(d) small Timothy	2	5	4
(e) tall oatgrass	2	5	Not applicable
(f) Timothy	2	5	4
3. Small seeded legumes  -
(a) Alsike clover	3	10	Not applicable
(b) birdsfoot trefoil	3	10	Not applicable
(c) lucerne	3	10	10
(d) red clover	5	10	10
(e) sainfoin	2	5	5
(f) trefoil, black medick	5	10	Not applicable
(g) white clover	5	10	10
4. Large seeded legumes	2	5	Not applicable
5. Crucifers  -
(a) fodder kale	3	10	Not applicable
(b) fodder radish and swede	2	5	Not 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)  - 

Species	Basic seed		CS seed EC minimum standard level		CS seed HVS level
	Maximum content by number in a sample of the weight specified in column 4 of the table in Schedule 7		Maximum percentage by weight		Maximum content by number in a sample of the weight specified in column 4 of the table in Schedule 7
	Couch	Blackgrass	Couch	Blackgrass	Couch	Blackgrass
1. Fine grasses  -
(a) Fine grasses other than  -	1	1	0.3	0.3	Not applicable	Not applicable
(i) festulolium
(ii) red fescue
(iii) sheep's fescue
(iv) smooth-stalk meadowgrass
(b) festulolium	5	5	0.5	0.3	10	Not applicable
(c) red fescue	5	5	0.5	0.3	10	10
(d) sheep's fescue	5	5	0.5	0.3	Not applicable	Not applicable
(e) smooth-stalk meadowgrass	1	1	0.3	0.3	3	3
2. Fodder grasses
(a) Fodder grasses other than  -	5	5	0.5	0.3	10	10
(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	5	5	0.5	0.3	Not applicable	Not applicable
(c) cocksfoot	5	5	0.3	0.3	10	10
(d) small Timothy and Timothy	1	1	0.3	0.3	10	10
3. Small seeded legumes as follows  -	Not applicable	Not applicable	Not applicable	Not applicable	10	10
(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 1	Column 2	Column 3
Species (all categories)	Minimum germination (% of pure seed)	Maximum hard seed content (% pure seed)
1. Fine grasses  -
(a) annual meadowgrass	75	Not applicable
(b) brown top	75	Not applicable
(c) creeping bent grass	75	Not applicable
(d) festulolium	75	Not applicable
(e) red fescue	75	Not applicable
(f) red top	80	Not applicable
(g) rough-stalked meadowgrass	75	Not applicable
(h) sheep's fescue	75	Not applicable
(i) smooth-stalked meadowgrass	75	Not applicable
(j) velvet bent	75	Not applicable
(k) wood meadowgrass	75	Not applicable
2. Fodder grasses  -
(a) Alaska brome-grass	75	Not applicable
(b) cocksfoot	80	Not applicable
(c) hybrid ryegrass	75	Not applicable
(d) Italian ryegrass	75	Not applicable
(e) meadow fescue	80	Not applicable
(f) perennial ryegrass	80	Not applicable
(g) rescue grass	75	Not applicable
(h) small Timothy	80	Not applicable
(i) tall fescue	80	Not applicable
(j) tall oatgrass	75	Not applicable
(k) Timothy	80	Not applicable
3. Small seeded legumes  -
(a) Alsike clover	80	20
(b) birdsfoot trefoil	75	40
(c) lucerne	80	40
(d) red clover	80	20
(e) sainfoin	75	20
(f) trefoil, black medick	80	20
(g) white clover	80	40
4. Large seeded legumes  -
(a) blue lupin	75	20
(b) common vetch	85	20
(c) field bean	80	5
(d) field pea	80	Not applicable
(e) hairy vetch	85	20
(f) Hungarian vetch	85	20
(g) white lupin	80	20
(h) yellow lupin	80	20
5. Crucifers  -
(a) fodder kale	75	Not applicable
(b) fodder radish	80	Not applicable
(c) swede	80	Not 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.

(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  - 

(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.

(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.

(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.

(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".