The powers under which this authorisation is made can be found in Annex 1.

This page sets out the formal recognition of EU Member States, Iceland, Norway and Switzerland as equivalent in the production of seed and other plant propagating material for certification and the maintenance of varieties following approval from the Secretary of State for Environment, Food and Rural Affairs for England, Welsh Ministers for Wales and Scottish Ministers for Scotland.

All third countries currently recognised by the EU as equivalent for seed certification continue to be recognised as equivalent by the UK (GB). 

Variety registration requirements must be met before material can be marketed in Great Britain.

Seed potato production and certification carried out in EU member states, Switzerland or EEA countries is not currently recognised as equivalent to the requirements of GB legislation. Therefore, no authorisations for the marketing of seed potatoes in GB are currently granted for seed potatoes produced in those countries.

1. Seed of beet, cereals, fodder plants, oil and fibre and vegetables

1.1 The Secretary of State for England, Welsh Ministers for Wales and Scottish Ministers for Scotland make this authorisation, in the exercise of the powers conferred by the legislation in point 1 of Annex 1, for the marketing of seed of beet, cereals, fodder plants, oil and fibre plants and vegetables produced in the countries listed in Table 1, that are members of the relevant OECD Seed Scheme for the Varietal Certification of Seed moving in International Trade (OECD Seed Schemes hereafter).

1.2 Field inspection of seed producing crops and certification of seed must meet the requirements of the relevant OECD seed schemes.

1.3 Field inspection in those countries listed in Table 1 is carried out under conditions considered equivalent to the field inspections in the Relevant Legislation listed in paragraph 1.5, provided that it is carried out officially by the authorities referred to in Table 1, or under official supervision of those authorities and that it satisfies the conditions in paragraph 2.

1.4 Seed production in those countries listed in Table 1 is considered equivalent to seed produced in compliance with the Relevant Legislation if it satisfies the conditions described below and provided that production continues to be considered equivalent.

1.5 The legislation of Great Britain on the certification and marketing of seed (The Relevant Legislation)

1.51 Great Britain

• The Seeds (National Lists of Varieties) Regulations 2001

1.52 England

• Seed Marketing Regulations 2011

1.53 Wales

• Seed Marketing (Wales) Regulations 2012

1.54 Scotland (Collectively referred to as “the seed marketing Scotland regulations” hereafter)

• Vegetable Seeds Regulations 1993
• Oil and Fibre Plant Seed (Scotland) Regulations 2004
• Cereal Seed (Scotland) Regulations 2005
• Fodder Plant Seed (Scotland) Regulations 2005
• Beet Seed (Scotland) (No. 2) Regulations 2010

1.6 Where equivalent seed is ‘relabelled and refastened’ in England, Wales or Scotland, within the meaning of OECD Seed Schemes, the requirements of the Relevant Legislation in England, Wales or Scotland concerning the reclosing of packages produced in Great Britain shall apply by analogy. This is without prejudice to the OECD rules applicable to such operations.

1.7 Where relabelling and refastening in England, Wales and Scotland of equivalent seed is necessary, labels issued by the Secretary of State, Welsh Ministers or Scottish Ministers shall be used only:

• If seed produced in England, Wales and Scotland and seed of the same variety and category produced in equivalent countries are blended in order to improve the germination capacity, provided that:
  • the blend is homogeneous, and
  • the label identifies each country of production.

• For small packages within the meaning of, for England, the Seed Marketing Regulations 2011, for Wales, the Seed Marketing (Wales) Regulations 2012, and for Scotland, the seed marketing Scotland regulations. 

2. Conditions

2.1 Field Inspections

2.1.1 Field inspections shall be carried out in accordance with national rules for the application of the OECD Seed Schemes as follows:

• Sugar and Fodder Beet, in the case of seed of Beta vulgaris referred to in, for England, the Seed Marketing Regulations 2011, for Wales, the Seed Marketing (Wales) Regulations 2012, and for Scotland, the Beet Seed (Scotland) (No. 2) Regulations 2010, or;
• Grasses and Legumes, in the case of the seed of species referred to in, for England, the Seed Marketing Regulations 2011, for Wales, the Seed Marketing (Wales) Regulations 2012, and for Scotland, the Fodder Plant Seed (Scotland) Regulations 2005, or;
• Crucifers and Other Oil and Fibre Species, in the case seed of the species referred to in, for England, the Seed Marketing Regulations 2011, for Wales, the Seed Marketing (Wales) Regulations 2012, and for Scotland, the Oil and Fibre Plant Seed (Scotland) Regulations 2004 and the Fodder Plant Seed (Scotland) Regulations 2005, or;
• Cereals, in the case of seed of the species referred to in, for England, the Seed Marketing Regulations 2011, for Wales, the Seed Marketing (Wales) Regulations 2012, and for Scotland, Cereal Seed (Scotland) Regulations 2005, other than Zea mays, or;
• Maize, in the case of seed of Zea mays referred to in, for England, the Seed Marketing Regulations 2011, for Wales, the Seed Marketing (Wales) Regulations 2012, and for Scotland, Cereal Seed (Scotland) Regulations 2005, or;
• Vegetables, in the case of the species referred to in, for England, the Seed Marketing Regulations 2011, for Wales, the Seed Marketing (Wales) Regulations 2012, and for Scotland, the Vegetable Seeds Regulations 1993.

2.1.2 Seed not finally certified must be packed in officially closed packages and must bear the label provided for this purpose by the OECD Seed Schemes and be accompanied with an official certificate with the following information:

• Reference number of the seed used to sow the field, and the name of the country which certified that seed.
• Area cultivated.
• Quantity of seed.
• The attestation that the conditions that must be satisfied by the crops from which the seed comes have been fulfilled.

2.2 Seed Production

2.2.1 Seed must be officially certified, and its packages officially closed and marked in accordance with national rules for the application of the OECD Seed Schemes as follows and the seed lots must be accompanied by the certificates required under those OECD Seed Schemes:

• Sugar and Fodder Beet, in the case of seed of Beta vulgaris referred to in, for England, the Seed Marketing Regulations 2011, for Wales, the Seed Marketing (Wales) Regulations 2012, and for Scotland, The Beet Seed (Scotland) (No. 2) Regulations 2010, or;
• Grasses and Legumes, in the case of seed of species referred to in, for England, the Seed Marketing Regulations 2011, for Wales, the Seed Marketing (Wales) Regulations 2012, and for Scotland, the Fodder Plant Seed (Scotland) Regulations 2005, or;
• Crucifers and Other Oil and Fibre Species, in the case seed of the species referred to in, for England, the Seed Marketing Regulations 2011, for Wales, the Seed Marketing (Wales) Regulations 2012, and for Scotland, The Oil and Fibre Plant Seed (Scotland) Regulations 2004 and the Fodder Plant Seed (Scotland) Regulations 2005, or;
• Cereals, in the case of seed of the species referred to in, for England, the Seed Marketing Regulations 2011, for Wales, the Seed Marketing (Wales) Regulations 2012, and for Scotland, the Cereal Seed (Scotland) Regulations 2005, other than Zea mays, or;
• Maize, in the case of seed of Zea mays referred to in for England, the Seed Marketing Regulations 2011, for Wales, the Seed Marketing (Wales) Regulations 2012, and for Scotland, the Cereal Seed (Scotland) Regulations 2005, or;
• Vegetables, in the case of seed of the species referred to in for England, the Seed Marketing Regulations 2011, for Wales, the Seed Marketing (Wales) Regulations 2012, and for Scotland, the Vegetable Seeds Regulations 1993.

2.2.2 Seed shall meet the conditions described in the Relevant Legislation (other than those relating to varietal identity and purity) as follows:

• For England, paragraphs 7(2), 15(2), 28(2), 42(2) or 50(2) of Schedule 2 of the Seed Marketing Regulations 2011, or;
• For Wales, paragraphs 7(2), 15(2), 28(2), 42(2) or 50(2) of Schedule 2 of the Seed Marketing (Wales) Regulations 2012, or;
• For Scotland, Part II of Schedule 4 of The Beet Seed (Scotland) (No. 2) Regulations 2010, Part II of Schedule 4 of The Fodder Plant Seed (Scotland) Regulations 2005, Part II of Schedule 4 of The Oil and Fibre Plant Seed (Scotland) Regulations 2004, Part II of Schedule 4 of The Cereal Seed (Scotland) Regulations 2005 or Part II of Schedule 4 of The Vegetable Seeds Regulations 1993.

2.2.3 Examination of seed to check that these conditions have been met shall be carried out officially or under official supervision in accordance with International Seed Testing Authority (ISTA) Rules.

2.2.4 For the examination, samples shall be taken officially or under official supervision in accordance with ISTA Rules, and their weights shall conform to the weight stipulated under such methods, considering the weights specified in the Relevant Legislation as follows:

• For England, paragraphs 7(2), 15(2), 28(2), 42(2) or 50(2) of Schedule 2 of the Seed Marketing Regulations 2011, or;
• For Wales, paragraphs 7(2), 15(2), 28(2), 42(2) or 50(2) of Schedule 2 of the Seed Marketing (Wales) Regulations 2012, or;
• For Scotland, paragraph 2 of Schedule 5 of the Beet Seed (Scotland) (No. 2) Regulations 2010, paragraph 26 of Schedule 5 of the Fodder Plant Seed (Scotland) Regulations 2005, paragraph 24 of Schedule 5 of the Oil and Fibre Plant Seed (Scotland) Regulations 2004, paragraph 26 of Schedule 5 of The Cereal Seed (Scotland) Regulations 2005 or Part II of Schedule 5 of The Vegetable Seeds Regulations 1993.

2.2.5 Seed lots shall be accompanied by an ISTA Orange International Seed Lot Certificate (ISTA OIC) giving the information relating to the conditions referred to above.

2.2.6 The OECD label or official label shall include:

• A statement that the seed satisfies the conditions described in the Relevant Legislation other than those relating to varietal identity and varietal purity stating, “GB rules and standards”.
• A statement that the seed has been sampled and tested in accordance with current international methods stating, “Sampled and analysed in accordance with the provisions set out in the ISTA International Rules for Seed testing with regard to Orange International Seed Lot Certificates by (name and member code of the ISTA seed testing station)”.
• Date of official closing.
• Where seed lots have been “relabelled and refastened” within the meaning of the OECD Seed Schemes, also a statement that this operation took place, the most recent date of reclosing and the Authorities responsible.
• Country of production.
• Declared net or gross weight or declared number of pure seeds or, in the case of beet seed, clusters.
• Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and the approximate ratio between the weight of pure seed and the total weight.

2.2.7 In the case of seed of a variety which has been genetically modified, any label or document, official or otherwise, which is affixed to, or accompanies, the seed lot shall clearly indicate that the variety has been genetically modified and provide for any other information as may be determined in the authorisation procedure required under English, Welsh or Scottish law.

2.2.8 An official notice placed inside the package shall give at least the reference number of the lot, the species and the variety; in addition, in the case of beet seed, it shall be stated, where appropriate, whether the seed is monogerm or precision seed. This notice is not necessary if the minimum information is printed indelibly on the package or if an adhesive label or a label of non-tear material is used.

2.2.9 Any chemical treatment of the seed and the active substance shall be noted either on the official label or on a special label as well as on the container or inside it.

2.2.10 In the case of basic seed of varieties which are exclusively maintained within Great Britain or Northern Ireland, the seed of the preceding generations shall have been produced within the United Kingdom.

2.2.11 In the case of basic seed of other varieties, the seed of the preceding generations shall have been produced under the responsibility of the persons responsible for the maintenance of the variety:

• Referred to in the GB Variety Lists pursuant to regulation 3 of the Seeds (National Lists of Varieties) Regulations 2001 or the NI Variety Lists pursuant to regulation 3 of the Seeds (Variety Lists) Regulations (Northern Ireland) 2020; or
• in a country which has been granted equivalence of checks on practices for the maintenance of varieties under Council Decision 2005/834/EC on the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries; or
• in a country granted equivalence.

2.2.12 For certified seed of all generations, seed of the previous generations shall have been produced and officially controlled and certified:

• either within England, Scotland, Wales or Northern Ireland, or
• in a country which has been granted equivalence as indicated in Table 1 for the production of basic seed of the species concerned, provided that it has been produced from seed produced in accordance with the maintenance requirements described above.
• In a country that has been granted equivalence by assimilated Council Decision 2003/17

3. Vegetable plant material (other than seed)

3.1 The Secretary of State for England, Welsh Ministers for Wales and Scottish Ministers for Scotland make this authorisation, in the exercise of the powers conferred by the legislation in point 2 of Annex 1 for the marketing of vegetable plant material, other than seed, produced in the countries listed in Table 1.

3.2 Production in those countries is considered equivalent to vegetable plant material, other than seed, produced in Great Britain in compliance with the below regulations and if it satisfies the conditions described below and continues to do.

England

The Marketing of Vegetable Plant Material Regulations 1995

Wales

The Marketing of Vegetable Plant Material Regulations 1995

Scotland

The Marketing of Vegetable Plant Material Regulations 1995

3.3 This authorisation applies to the plant material referred to in regulation 3(1) of The Marketing of Vegetable Plant Material Regulations 1995

3.4 Conditions

3.4.1 The material shall meet the quality requirements referred to in regulation 5(1)(a)-(c) and (e) of The Marketing of Vegetable Plant Material Regulations 1995

3.4.2 The variety of the material needs to comply with regulation 5(1)(d) in that it belongs to a registered vegetable variety in Great Britain.

3.4.3 The material should be accompanied by the information referred to in regulation 8 and in accordance with the requirements in Schedule 3 of the legislation referred to above.

3.4.4 The supplier of the material should comply with the requirements on records to be kept in regulation 9(1) – (3) of the legislation referred to above. 

4. Fruit plant and propagating material

4.1 The Secretary of State for England, Welsh Ministers for Wales and Scottish Ministers for Scotland make this authorisation, in the exercise of the powers conferred by the legislation in point 3 of Annex 1 for the marketing of fruit plant and propagating material, produced in the countries, as indicated in Table 1.

4.2 Production and certification (where it applies) in those countries is considered equivalent to fruit plant and propagating material, produced in England, Wales and Scotland in compliance with the Legislation listed in paragraph 4.5, if it satisfies the conditions described in that Legislation and provided that it continues to do so.

4.3 The marketing of fruit plant and propagating material in GB will be acceptable under the labelling requirements of the country producing it.

4.4 This authorisation applies to the plant material referred to in regulation 4(1) and 4(2) of the England and Wales Legislation and regulation 3(1) of the Scotland Legislation listed in paragraph 4.5 below.

4.5 Legislation

4.5.1 England

The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017

4.5.2 Wales

The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017

4.5.3 Scotland

The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

5. Forest Reproductive Material

5.1 The Forest Reproductive (Great Britain) Regulations 2002 recognise countries that are members of the OECD Forest Seed and Plant Scheme listed in Tables 2 and 3 as equivalent for the production of Forest Reproductive Materials.

6. Maintenance of varieties

For species covered by the Seeds (National List of Varieties) Regulations 2001 (SI 2001/3510), the official checks on the maintenance of varieties carried out by countries, as indicated in table 1, are assessed as affording the same guarantees as those under the Regulations.  This means that pre-basic and basic seed produced in these countries may be used for further seed production in England, Wales and Scotland.

7. Period of Validity

This authorisation will expire on 31st December 2029. 

8. Right to Audit

Defra, Scottish Government and Welsh Government reserve the right to audit recognised countries if there are issues with quality.

Table 1: EU member states, Iceland, Norway and Switzerland meeting requirements for equivalence for seed of beet, cereals, fodder plants, oil and fibre plants and vegetables, based on OECD membership, and seed potatoes, including for variety maintenance, and for vegetable plant material and fruit plant and propagating material

Table 2: Countries meeting requirements for equivalence for Forest Reproductive Material based on OECD membership of the OECD Forest Scheme

Table 3: Countries continuing to meet requirements for equivalence for Forest Reproductive Material based on OECD membership of the OECD Forest Scheme

Annex 1

Powers to recognise the equivalence of plant material measures adopted by countries outside the British Islands under which the authorisation is made

For agricultural and vegetable seed, forest reproductive material and seed potatoes:

Regulations 24 to 26 of the Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (2020/1463)

For vegetable planting and propagation material:

Regulation 4A of the Marketing of Vegetable Plant Material Regulations 1995 (SI 1995/2652; added for England and Wales by SI 2029/1220 and for Scotland by SSI 2019/289).

For fruit planting and propagating material:

Regulation 5(3) of the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 (SI 2017/595)

Regulation 5(2) of the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 (SI 2017/177)

Regulation 5(3) of the Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 (SI 2017/691)