(b) an authorisation which has been granted to the producer, in accordance with the applicable requirements in the relevant part of the United Kingdom, by—

(i) a GB Authority other than the Scottish Ministers; or

(ii) the NI Authority.

(2) A producer established in Scotland may apply to the Scottish Ministers for authority to market seed for the purposes of tests or trials to be carried out at an agricultural enterprise to gather information on the cultivation or use of a variety of a species specified in Schedule 1.

(3) An application under paragraph (2) shall be made in writing to the Scottish Ministers and shall be accompanied by such information as the Scottish Ministers may require.

(4) The Scottish Ministers shall not grant a tests and trials authorisation unless they are satisfied that–

(a) the seed is of a variety for which an application has been made by the applicant, which has not been withdrawn or finally determined, under—

(i) regulation 4(1)(a) (applications in relation to National Lists) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to a GB Variety List; or

(ii) the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to an NI Variety List;

(b) in the case of seed of a genetically modified variety, the marketing and release of the genetically modified material by the applicant has been authorised—

(i) before the day on which IP Completion day falls, under Part C of the 2001 Deliberate Release Directive;

(ii) under the Food and Feed Regulation; or

(iii) under the GMO Regulations;

(c) the marketing is for the purposes of tests or trials to be carried out at an agricultural enterprise to gather information on the cultivation or use of a variety of a species specified in Schedule 1;

(d) an official field inspection has been carried out by the Scottish Ministers or by a licensed crop inspector and a report issued stating that–

(i) in the case of species other than flax and linseed, the crop satisfies the conditions for Certified Seed set out in Schedule 4; or

(ii) in the case of flax and linseed, the crop satisfies the conditions for Certified Seed of the Second Generation or Certified Seed of the Third Generation set out in Schedule 4;

(e) an official examination of the seed has been undertaken and a report issued by the Scottish Ministers or by a licensed seed testing station stating that–

(i) in the case of species other than flax and linseed, the seed satisfies the conditions for Certified Seed set out in Schedule 4; or

(ii) in the case of flax and linseed, the seed satisfies the conditions for Certified Seed of the Second Generation or Certified Seed of the Third Generation set out in Schedule 4; and

(f) such marketing would not contravene a prohibition on the use of the variety that complies with Article 14 of the 2004 Commission Decision and has been published by the Secretary of State in the gazette published under section 34(1) of the Act.

(5) A tests and trials authorisation shall last for a period of one year or such shorter period as the Scottish Ministers may specify.

(6) The Scottish Ministers shall not authorise marketing of an amount of seed in excess of the greater of 0.1% of the annual number of seeds used in the United Kingdom and such quantity as the Scottish Ministers consider is sufficient to sow 10 hectares.

(7) A tests and trials authorisation may be made subject to such conditions as the Scottish Ministers think necessary or desirable having regard to the nature of the tests or trials and the nature of the seed to which the authorisation relates.

(8) The Scottish Ministers may withdraw a tests and trials authorisation where they are satisfied that there has been a breach of a condition imposed under paragraph (7).

(9) A tests and trials authorisation shall cease to have effect where the application referred to in paragraph (4)(a) is withdrawn or rejected or the variety is entered in a GB Variety List or an NI Variety List.

(10) The Scottish Ministers may require, as a condition of a tests and trials authorisation that the producer to whom authorisation was granted provide them, on request, with information about–

(a) the results of the tests and trials to which the authorisation relates; and

(b) the quantities of seed marketed during the authorised period and the location of the trials within the United Kingdom.

Varietal associations

General exemptions

Marketing of officially certified lower germination seed

Marketing of early movement seed

Requirement for homogeneity

Official label for a package of test and trial seed

6A

The official label for a package of test and trial seed shall–

(a) subject to sub-paragraph (b), contain the following information–

(i) the words “test and trial seed”;

(ii) certification authority and country or country initials;

(iia) officially assigned serial number;

(iii) reference number of the seed lot;

(iv) month and year of sealing expressed by the word “Sealed” followed by the month and year of sealing;

(v) species;

(vi) variety under which the seed is to be marketed;

(vii) the official application number in relation to the application for listing under—

(aa) in relation to applications in GB, regulation 4(1)(a) (applications in relation to GB Variety Lists) of the Seeds (National List of Varieties) Regulations 2001; or

(bb) in relation to applications in Northern Ireland, the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to an NI Variety List;

(viii) the words “variety not yet officially listed”;

(ix) the words “for tests and trials only”;

(x) the words “genetically modified variety”, where applicable;

(xi) declared net or gross weight; and

(xii) 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 or, where applicable, clusters and the total weight;

(b) not contain the information referred to in sub-paragraph (a)(x) if that information is given on an official sticker attached to the official label;

(d) be coloured orange.

Official label for a package of a varietal association of seed

Exception for conservation varieties

8B

(1) No person may market seed of a Conservation Variety unless the requirements of paragraphs (2), (3) and (5) are met.

(2) The seed must descend from seed produced according to well defined practices for maintenance of the variety.

(3) The seed must have been harvested from a crop that–

(a) has been produced in the region of origin for the variety or additional region; and

(b) satisfies the conditions laid down in Part III of Schedule 4A;

(a) Scottish Ministers may ascertain, so far as practicable, whether the requirements for the crop set out in Part III of Schedule 4A are met by the use of methods which may include examination of a post control plot sown with a sample from the seed and the consideration of any other relevant information; and

(b) for the avoidance of doubt an examination by means of an official field inspection of the crop will not be required.

(5) The seed must satisfy the conditions laid down in Part IV of Schedule 4A.

(6) No person may market seed of a Conservation Variety other than in its region of origin.

(7) A person proposing to produce seed of a Conservation Variety must supply the Scottish Ministers, in such manner and form as the Scottish Ministers may require, with the following details in writing–

(a) the size (in hectares); and

(b) the location,

of the area to be used to produce that seed.

(8) For the purposes of Article 14 of Commission Directive 2008/62, the Scottish Ministers may specify the maximum amount of seed of a Conservation Variety which may be marketed in any given growing season. Different maxima for different persons or classes of person may be specified.

(8A) For the purposes of paragraph (8), Article 14 of Commission Directive 2008/62 is to be read as if—

(a) in the first paragraph—

(i) “Each Member State shall ensure that,” was omitted,

(ii) for “does not exceed”, there were substituted “ may not exceed ”,

(iii) for “that Member State”, there were substituted “ Great Britain ”,

(b) in the second paragraph—

(i) for “each Member State”, there were substituted “ Great Britain ”,

(ii) for “the Member State” in both places where it occurs, there were substituted “ Great Britain ”.

(9) No person shall market more than the maximum amount of seed of a Conservation Variety applicable to that person as specified under paragraph (7).

(10) Any person marketing seed of a Conservation Variety must supply the Scottish Ministers, on request, with details in writing of the amount and variety of the seed placed on the market during each growing season.

(11) In this regulation–

“additional region” means the region for seed production approved by the Scottish Ministers for the purposes of the second paragraph of Article 11(1) of the Commission Directive 2008/62 , with Article 11(1) of Commission Directive 2008/62 being read as if for the reference to “Member States” in each place where it occurs and “the Member States” there were substituted “the Scottish Ministers”; and

“region of origin” means the region forming a part or the whole of Great Britain identified by the Scottish Ministers for the purposes of Article 8.1 of Commission Directive 2008/62, with Article 8.1 of Commission Directive 2008/62 being read as if—in the first sub-paragraph—for “a Member State accepts”, there were substituted “the Scottish Ministers accept”;for “it shall”, there were substituted “they must”;for “It shall”, there were substituted “The Scottish Ministers must”;for “Member States”, there were substituted “Scottish Ministers”;the second sub-paragraph was omitted.

Varietal associations

General exemptions

Marketing of officially certified lower germination seed

Marketing of early movement seed

Requirement for homogeneity

SCHEDULE 4A — STANDARDS FOR CERTIFICATION OF CONSERVATION VARIETIES

PART I — OFFICIAL CERTIFICATES

Applications for seed harvested in the United Kingdom

1

On receipt of an application made in accordance with regulation 14(1) in respect of seed of a Conservation Variety for the issue of an official certificate in respect of that Conservation Variety, the Scottish Ministers shall, subject to paragraphs 2 and 3, issue in respect of such a seed lot an official certificate containing the particulars specified in Part II of this Schedule.

When applications will be refused

2

The Scottish Ministers shall refuse to issue an official certificate in respect of a seed lot of a Conservation Variety unless–

(a) an application has been made to the Scottish Ministers, in writing in such form and manner and at such time as the Scottish Ministers may required, and has been accompanied by information, material, records, illustrations and other documents as they may require, in respect of–

(i) the seed lot or seed lots to be used for the production of the crop or crops from which is to be or has been obtained the seed lot in respect of which the application for an official certificate has been made; and

(ii) the crop or crops from which the seed lot is to be, or has been, obtained;

(b) an examination of a sample of the seed lot has shown that the seed lot meets the standards appropriate to the relevant category of seed referred to in the application specified in paragraph 1 of Part IV of this Schedule.

When applications may be refused

3

The Scottish Ministers may refuse to issue an official certificate in respect of a seed lot if it appears to them that–

(a) a sample taken from the seed lot for the purposes of an examination to ascertain whether the seed lot meets the appropriate standards in Part IV this Schedule has not been taken in accordance with regulation 15(1A);

(b) an examination of a post control plot sown with a sample of the seed lot shows that the crop does not meet the appropriate standards specified in Part III of this Schedule;

(c) there has been any breach of seeds regulations in relation to the seed lots in respect of which the application for an official certificate has been made.

PART II — PARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE

The following particulars shall be specified in an official certificate–

(a) name and address of certifying authority;

(b) applicant’s name, address and, if appropriate, registered or licensed number;

(d) species and variety;

(e) net weight of seed lot and number of containers;

(f) seed treatment, if any; and

(g) the region of origin/region of seed production (if applicable) of the Conservation Variety.

PART III — CONDITIONS RELATING TO CROPS FROM WHICH SEED IS OBTAINED

Varietal identity and varietal purity

1

The characteristics used for determination of varietal identity and varietal purity shall be those to which regard was had when the Conservation Variety was accepted on to the relevant GB Variety List or NI Variety List.

Harmful organisms in the crop

2

Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

PART IV — CONDITIONS RELATING TO SEED OF A CONSERVATION VARIETY

Standards of germination, analytical purity and content of seed of other plant species

1

The seed shall conform to the minimum ... standards for the final germination of that species as listed in paragraphs 13 and 14 of Part II of Schedule 4 as regards germination of pure seed, analytical purity and content of seed of other plant species.

Harmful organisms in the seed

2

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