United Kingdom Statutory Instruments

(a) was harvested from a crop that has been 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 - 



(i) in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme; and

(ii) in the case of soya bean seed, the OECD Grass and Legume 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) has been packed in packages that have been officially closed and marked in accordance with - 



(i) in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and

(ii) in the case of soya bean seed, the OECD Grass and Legume 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) 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).

    (3) This sub-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 sub-paragraph (2)(a) to (d).";

(j) for paragraph 46 of part III there shall be substituted the following paragraph - 

(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 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).

    (3) This sub-paragraph applies to C2 seed 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).

    (4) This sub-paragraph applies to C2 seed that - 

(a) complies with the requirements of paragraph 45A(2)(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.";

(k) in paragraph 47(3) of part III - 

(i) in sub-paragraph (c)(ii), the word "and" shall be deleted;

(ii) after sub-paragraph (d), there shall be inserted the following paragraphs - 

" (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,";

(l) after sub-paragraph (b) of paragraph 49 of part III, there shall be inserted the following sub-paragraph - 

" (bb) third country officially certified C2 seed of a listed variety;";

(m) after paragraph 52 of part III, there shall be inserted the following paragraph - 

(a) was harvested from a crop that has been 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 C3 seed by the approved seed certification authority in that country in accordance with - 



(i) the OECD Crucifer and Oil and Fibre Seed Scheme; and

(ii) 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 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 C3 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 C3 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 sub-paragraph applies to C3 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 sub-paragraphs 2(a) - (d).";

(n) for paragraph 53 of part III, there shall be substituted the following paragraph - 

(a) that was 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 C3 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 C3 seed;

(c) that was imported into the United Kingdom as C3 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 sub-paragraph applies to C3 seed 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 has been found to satisfy the relevant Directive crop conditions for C3 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 C3 seed;

(c) has been imported into the United Kingdom as C3 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 Directive crop conditions for C3 seed; and

(ii) the seed test report referred to in paragraph (b).

    (4) This sub-paragraph applies to C3 seed that - 

(a) complies with the requirements of paragraph 52A(2)(a) to (d); and

(b) was imported into the United Kingdom as C3 seed of a variety that was unlisted at the time when the seed was imported but has since been listed.";

(o) after sub-paragraph (b) of paragraph 56 of part III, there shall be inserted the following sub-paragraph - 

" (bb) third country officially certified C3 seed of a listed variety;";

(p) in paragraph 63(10) of part IV - 

(i) in paragraph (a) - 


(aa) for sub-paragraph (i), there shall be substituted the following sub-paragraph - 


" (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 C2 seed is to be produced,";


(bb) for sub-paragraph (ii), there shall be substituted the following sub-paragraphs - 


" (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 licensed EC field inspector in that State to satisfy the Directive crop conditions for C2 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 C2 seed;";



(ii) in paragraph (b) - 



(aa) for sub-paragraph (i), there shall be substituted the following sub-paragraph - 


" (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 C2 seed,";


(bb) for sub-paragraph (ii), there shall be substituted the following sub-paragraphs - 


" (ii) was found by seed testing carried out by or on behalf of the competent seed certification authority or licensed EC seed testing station in another member State to satisfy the Directive seed conditions for C2 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 C2 seed; and";

(q) in paragraph 69(1)(b) of part V, for the words "officially certified basic seed or C1" there shall be substituted the words "officially certified basic, C1 or C2";

(r) in paragraph 70(1) of part V - 

(i) in sub-paragraph (b)(ii), for the words "Part II.A of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "Part A of Annex II to the Third Country Equivalence Decision";

(ii) in sub-paragraph (c), for the words "Part II.A of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "Part A of Annex II to the Third Country Equivalence Decision"; and

(iii) in sub-paragraph (e), for the words "a part II.A(3) official certificate" there shall be substituted the words "an Annex II.A(3) official certificate";

(s) in paragraph 71(1) of part V - 

(i) in sub-paragraph (b)(ii), for the words "Part II.A of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "Part A of Annex II to the Third Country Equivalence Decision";

(ii) in sub-paragraph (c), for the words "Part II.A of the Annex to the Third Country Equivalence Decision" there shall be substituted the words "Part A of Annex II to the Third Country Equivalence Decision"; and

(iii) in sub-paragraph (e), for the words "a Part II.A(3) official certificate" there shall be substituted the words "an Annex II.A(3) official certificate"; and

(t) after paragraph 71 of part V, there shall be inserted the following paragraph - 

(a) to which sub-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 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 C2 seed;



(c) that has been packed in a sealed package and labelled in accordance with the requirements specified in paragraph 2 of Part A of Annex II to the Third Country Equivalence Decision;

(d) that has been imported into the United Kingdom as not finally certified seed; and

(e) that is accompanied by an Annex II.A(3) official certificate relating to the seed issued by the approved seed certification authority in the equivalent third country in which the seed was harvested.

    (2) This sub-paragraph applies to 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.".