Statutory Instruments of the Scottish Parliament

" ; or

(c) test and trial seed potatoes.".

" ; or

(c) test and trial seed potatoes.".

(a) at an agricultural enterprise for the purposes of gathering information on the cultivation or use of the variety; and

(b) in accordance with an authorisation granted by–


(i) the Scottish Ministers under regulation 8D(1) of these Regulations; or

(ii) a relevant Authority (other than the Scottish Ministers) pursuant to Article 6(1)(b) (exemption for test and trial purposes) of Council Directive 2002/56, in accordance with Article 2(1) (authorisation) of the 2004 Commission Decision.

" (ba) in the case of test and trial seed potatoes, the official label meeting the requirements set out in Schedule 6, paragraph 2A; and";

(b) in sub-paragraph (c) omit "either" and insert "each".

" (b) the seed potatoes are of a variety–


(i) for the time being listed in the National List, or in the Common Catalogue of varieties of seed potatoes published in the Official Journal of the European Communities and which has not been notified in writing by the Scottish Ministers as being considered unacceptable for classification; or

(ii) for which an application has been submitted, but not withdrawn or finally determined, for acceptance on to the National List;"; and

(b) in paragraph 4, in sub-paragraph (c), after "basic" insert "or test and trial".

(a) as being pre-basic or basic seed potatoes of a class and, where appropriate, class generation specified in column 1 of Table I (pre-basic seed potatoes) or Table II (basic seed potatoes) to this Schedule where that officer is satisfied that–


(i) the seed potatoes are derived from source material of the kind specified in the entry in column 2 corresponding to that class and, where appropriate, class generation;

(ii) that the other requirements specified in the entry in column 3 corresponding to that class and, where appropriate, class generation have been met;

(iii) on a sample that any of the tolerances specified in the entry in column 4 corresponding to that class and, where appropriate, class generation have not been exceeded; and

(iv) the conditions in paragraph 3(b)(i) of Schedule 1 apply (variety listed in the National List or Common Catalogue);



(b) as being test and trial seed potatoes where that officer is satisfied that–



(i) the seed potatoes meet the requirements for basic seed potatoes set out in paragraph 1(a)(i) to (iii); and

(ii) the conditions in paragraph 3(b)(ii) of Schedule 1 apply (application submitted but not withdrawn or finally determined for acceptance of variety onto the National List).".

(a) be coloured orange;

(b) measure not less than 110 millimetres by 67 millimetres and, unless the package or container is intended for export to countries outside the European Community, have printed on it the words "EC Rules and Standards";

(c) contain the words "variety not yet officially listed" and "for tests and trials only"; and

(d) state the following particulars–


     Certification authority and Member State or their initials

     Country of Production

     Species indicated at least in Roman characters, under its botanical name which may be given in abridged form and without the authors names or under its common name or both

     Crop identification number including producer's identification number (or equivalent)

     Variety and official application number, indicated at least in Roman characters

     Genetically modified variety (if appropriate)

     Size

     Month and year when officially sealed

     Declared net weight";

(d) in paragraph 3, omit "and 2(2)(c)", and insert ", 2(2)(c) and 2A(2)(b)"; and

(e) in paragraph 4(1)–

(i) omit "(1)"; and

(ii) omit "or 2" and insert ", 2 or 2A".

(i) for "basic seed potatoes", where it first appears, substitute "seed potatoes"; and

(ii) after paragraph (ii), insert–

" ; or

(iii) classified under these Regulations as test and trial seed potatoes.";

(b) in Table II (pre-basic class generations 1 to 4 and equivalent), in Group III, for the entries in relation to common scab, substitute–

(i) "5% " in columns 2, 3 and 4; and

(ii) "33% " in column 5;

(c) in Table III (basic seed potatoes and equivalent produced in the UK)–

(i) for the heading above the table, substitute "Basic, equivalent and test and trial seed potatoes produced in the UK";

(ii) in Group III for the entries in relation to common scab–


(aa) in columns 2, 3 and 4 after "4.0% ", insert "(5.0% *)"; and

(bb) in column 5, after "25.0% ", insert "(33.0% *)"; and

(d) in Table IV (basic seed potatoes and equivalent not produced in the UK)–

(i) for the heading above the table, substitute "Basic, equivalent and test and trial seed potatoes not produced in the UK"; and

(ii) in Group V for the entry in column 2 in relation to dirt or other extraneous matter substitute "1.0% ".