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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

(c) 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..

(8) In Schedule 5 in column (1) of the table, after “EC” in the entries numbered 1(a) and 3(a) insert “, third country”.

(9) In Schedule 6—

(a) after paragraph 3 insert—

3A.  Third country officially certified pre-basic seed of a listed variety.; and

(b) after paragraph 40 insert—

40A.  Third country officially certified pre-basic seed of a component used in the production of a listed hybrid variety..

(10) In Schedule 10 in the table, after the entry for “third country officially certified CS seed of a listed variety” insert the following rows—

third country officially certified pre-basic seed of a component used in the production of a listed hybrid variety Paragraph 8A of Schedule 1
third country officially certified pre-basic seed of a listed variety Paragraph 3A of Schedule 1.

Amendment of the Vegetable Seed (Wales) Regulations 2005

6.—(1) The Vegetable Seed (Wales) Regulations 2005(7) are amended as follows.

(2) In regulation 2(1) for the definition of “the Vegetable Seed Directive” substitute the following definition—

“the Vegetable Seed Directive” means Council Directive 2002/55/EC on the marketing of vegetable seed;(8).

(3) For regulation 3, substitute—

Definitions relating to plant species

3.  In these Regulations—

“asparagus” means plants commonly known by that name of the species Asparagus officinalis L.;

“beetroot” means plants commonly known by that name of the species Beta vulgaris L., and includes plants commonly known as Cheltenham beet;

“broad bean” means plants commonly known by that name of the species Vicia faba L. (partim);

“Brussels sprouts” means plants commonly known by that name of the species Brassica oleracea L.;

“carrot” means plants commonly known by that name of the species Daucus carota L., and includes plants commonly known as fodder carrot;

“cauliflower” means plants commonly known by that name of the species Brassica oleracea L.;

“celery” means plants commonly known by that name of the species Apium graveolens L., and includes plants commonly known as celeriac;

“chard and spinach beet” means plants commonly known by those names of the species Beta vulgaris L.;

“Chinese cabbage” means plants commonly known by that name of the species Brassica rapa L.;

“cucumber and gherkin” means plants commonly known by those names of the species Cucumis sativus L.;

“curly kale” means plants commonly known by that name of the species Brassica oleracea L.;

“endive” means plants commonly known as curled-leaved endive or plain-leaved endive of the species Cichorium endivia L.;

“French bean” means plants commonly known as dwarf French bean or climbing French bean of the species Phaseolus vulgaris L.;

“gourd” means plants commonly known by that name of the species Cucurbita maxima Duchesne;

“kohlrabi” means plants commonly known by that name of the species Brassica oleracea L.;

“large-leaved chicory and Witloof chicory” means plants commonly known by those names of the species Cichorium intybus L., and includes plants commonly known as Italian chicory;

“leek” means plants commonly known by that name of the species Allium porrum L.;

“legume” means broad beans, French beans, runner beans and peas;

“lettuce” means plants commonly known by that name of the species Lactuca sativa L.;

“marrow” means plants commonly known by that name of the species Cucurbita pepo L., and includes plants commonly known as courgette;

“melon” means plants commonly known by that name of the species Cucumis melo L.;

“onion” means plants commonly known by that name of the species Allium cepa L. Cepa Group, and includes plants commonly known as Echalion;

“parsley” means plants commonly known by that name of the species Petroselinum crispum (Mill.) Nyman ex A.W. Hill;

“pea” means plants commonly known as wrinkled pea, round pea or sugar pea of the species Pisum sativum L. (partim);

“radish” means plants commonly known by that name of the species Raphanus sativus L., and includes plants commonly known as black radish;

“red cabbage” means plants commonly known by that name of the species Brassica oleracea L.;

“runner bean” means plants commonly known by that name of the species Phaseolus coccineus L.;

“Savoy cabbage” means plants commonly known by that name of the species Brassica oleracea L.;

“spinach” means plants commonly known by that name of the species Spinacia oleracea L.;

“sprouting broccoli” means plants commonly known by that name of the species Brassica oleracea L., and includes plants commonly known as calabrese;

“sweet corn or popcorn” means plants commonly known by those names of the species Zea mays L. (partim);

“tomato” means plants commonly known by that name of the species Lycopersicon esculentum Mill.;

“turnip” means plants commonly known by that name of the species Brassica rapa L.; and

“white cabbage” means plants commonly known by that name of the species Brassica oleracea L...

(4) In Schedule 2 for the entries numbered 27 and 28 substitute—

27.  Sweet corn or popcorn.

28.  Tomato.

29.  Turnip..

(5) In Schedule 4—

(a) in the table in paragraph 3 for the rows lettered (aa) and (bb) substitute the following rows—

(aa) sweet corn or popcorn

98 0.1

(bb) tomato

97 0.5

(cc) turnip

97 1.0.

(b) in the table in paragraph 4(1) for the rows lettered (aa) and (bb) substitute the following rows—

(aa) sweet corn or popcorn

85

(bb) tomato

75

(cc) turnip

80.

(6) In Schedule 7 in the table for the rows numbered 27 and 28, substitute the following rows—

27.  sweet corn or popcorn

20 1000

28.  tomato

10 25

29.  turnip

10 25.

(7) In Schedule 8 in the heading to paragraph 30 for “Official” substitute “Supplier's”.

(8) In Schedule 10 in the table after the row containing the entry for “standard seed” insert the following row—

sweet corn and popcorn Regulation 3.

Amendment of the Seed (Registration, Licensing and Enforcement) (Wales) Regulations 2005

7.  The Seed (Registration, Licensing and Enforcement) (Wales) Regulations 2005(9) are amended as follows.

8.  In Schedule 5 in the table in paragraph 13—

(a) in column (2) of the row containing the entry for “Field pea (fodder pea)”, for “B” substitute “C”; and

(b) after the row containing the entry for “Swede rape” insert the following row—

Sweet corn and popcorn C.

Elin Jones

Minister for Rural Affairs, one of the Welsh Ministers

17 September 2007

(7)

S.I. 2005/3035 (W.223), as amended by S.I. 2007/119 (W.9). Back [7]

(8)

OJ No. L 193, 20.7.2002, p. 33, as last amended by Commission Directive 2006/124/EC (OJ No. L 339, 6.12.2006, p 12). Back [8]

(9)

S.I. 2005/3038 (W.226), as amended by S.I. 2007/119 (W.9). Back [9]