Regulation 3 Amendment of the Cereal Seed (Wales) Regulations 2005

in the definition of “equivalent third country” omit “Bulgaria” and “Romania”; and

for the definition of “the Third Country Equivalence Decision” substitute—

• ““the Third Country Equivalence Decision” means Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries;”.

for paragraph (6) substitute—

“(6)

A package of officially certified pre-basic seed, other than a small package of such seed sealed in the United Kingdom, 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;

(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 Cereal Seed Directive; and

(c)

in the case of a package of seed sealed in an equivalent third country, in accordance with the provisions of paragraphs 1 and 3 of Part B of Annex II to the Third Country Equivalence Decision.”; and

in paragraph (17) after “paragraph” insert “3A, 8A,”.

after paragraph 3 insert—

“Third country officially certified pre-basic seed of a listed variety

3A

(1)

In these Regulations “third country officially certified pre-basic seed of a listed variety” means seed of an approved species to which sub-paragraph (2) or (4) applies.

(2)

This sub-paragraph applies to pre-basic seed of a listed variety—

(a)

that 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 applicable to basic seed specified in paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision;

(b)

that has been officially certified as pre-basic seed by the approved seed certification authority in that country in accordance with—

(i)

in the case of seed other than maize, the OECD Cereal Seed Scheme;

(ii)

in the case of maize, the OECD Maize and Sorghum 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 maize, the OECD Cereal Seed Scheme;

(ii)

in the case of maize, the OECD Maize and Sorghum 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 accompanied by the appropriate documentation.

(3)

For the purposes of sub-paragraph (2)(d), the appropriate documentation is—

(a)

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; and

(b)

in all other cases—

(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 pre-basic seed; and

(ii)

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 pre-basic seed other than those relating to varietal identity and varietal purity.

(4)

This sub-paragraph applies to pre-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 sub-paragraph (2)(a) to (d).”;

after paragraph 8 insert—

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

8A

(1)

In these Regulations “third country officially certified pre-basic seed of a component used in the production of a listed hybrid variety” means pre-basic seed of an approved species to which sub-paragraph (2) or (4) applies.

(2)

This sub-paragraph applies to pre-basic seed of a component used in the production of a listed hybrid variety—

(a)

that 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 applicable to basic seed specified in paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision;

(b)

that has been officially certified as pre-basic seed by the approved seed certification authority in that country in accordance with—

(i)

in the case of seed other than maize, the OECD Cereal Seed Scheme;

(ii)

in the case of maize, the OECD Maize and Sorghum 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 maize, the OECD Cereal Seed Scheme;

(ii)

in the case of maize, the OECD Maize and Sorghum 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 accompanied by the appropriate documentation.

(3)

For the purposes of sub-paragraph (2)(d), the appropriate documentation is—

(a)

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; and

(b)

in all other cases—

(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 pre-basic seed; and

(ii)

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 pre-basic seed other than those relating to varietal identity and varietal purity.

(4)

This sub-paragraph applies to pre-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 sub-paragraph (2)(a) to (d).”; and

for paragraph 12 substitute —

“12

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)

third country officially certified pre-basic seed of a listed variety;

(d)

overseas tested officially certified pre-basic seed of a listed variety;

(e)

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

(f)

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

(g)

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

(h)

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

(i)

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

(j)

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

(k)

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

(l)

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

after paragraph 3 insert—

“3A

Third country officially certified pre-basic seed of a listed variety.”; and

after paragraph 32 insert—

“32A

Third country officially certified pre-basic seed of a component used in the production of a listed hybrid variety.”.