AGRI Committee Discussion

Yesterday the AGRI (Agriculture and Rural Development) committee of the EU Parliament held a meeting and announced their assuming responsibility for the new EU seed legislation. Together with this announcement was a presentation by the EU Commission on their entire package of legislation, of which the seed law is a part. After a very long presentation, there were some comments from the other Parliamentarians who were given 3 minutes each to give comments on a very complex topic. They discussed it for an hour and a half, and the file is 407Mb, which you can download and watch here.

Lots of Problems!

Many of the problems of the legislation were visible in the discussion.  The first is complexity, and using this to create confusion and distract from the real issues.  If you want to see confusion already intentionally created, have a look at the Google search result for criminalized seeds.  While you’re at it, have a look at some of the websites that are sources of that confusion, and think about their connections with the larger seed companies.

After creating all that confusion, they gave others participating in that meeting 3 minutes each to respond.  There were a couple of good responses too.

The EU Commission is just playing the same game.  Making the comparison with horse meat.  What does seed purity have to do with horse meat?  Nothing, but it’s on the minds of the European public, and so it’s a good way to provoke an emotional response.  Then comes everything they are doing for the benefit for micro-enterprises, reducing red tape and preserving old varieties.

The reality is there’s nothing in their presentation of the plant reproductive material (PRM) that has any value for consumer safety.  The most helpful thing they could do for micro-enterprises and preserving old varieties would be to completely scrap the legislation.

The entire purpose of the legislation is to create a marketing advantage for larger seed companies, then export that advantage via trade agreements the EU has with other countries.  It doesn’t matter if there are a few small exceptions for older varieties or micro-enterprises, the entire piece of legislation is flawed.  Even if these exceptions are written into the legislation, ‘delegated acts’ mean large parts of the legislation could be completely rewritten later, and local governments could impose new restrictions.  If any sort of official system of registration exists, it will always be tempting for governments to create an advantage for those varieties.

If you buy a car or a house, do you expect them to all be distinct, uniform and stable (DUS)?  EU seed marketing is virtually the only economic sector, anywhere in the world, that has pre-marketing controls requiring consumers be given as restricted a choice as possible.

Red Tape

Supposedly the purpose of this regulation is to reduce red tape.  There are likely hundreds or even thousands of people working full time across Europe administering the current seed laws.  These are very talented and skilled people, who have something very valuable to offer to the people of Europe.  Why not let them work on biodiversity or local agriculture projects?

EU Seed Law: Committee Decision AGRI/ENVI

Tomorrow in the EU Parliament a decision will be made on what committee will handle the seed legislation, ENVI the environment committee or AGRI the agriculture committee.  NGOs have been lobbying hard for it to go to the ENVI committee, which is less influenced by large agricultural interests.  Our position is that the debate should be more focused on the environmental issues, rather than the commercial ones.  All other things being equal, and if this matter were handled in a free, fair and democratic way, we are all confident that ENVI would assume responsibility.

The reality is that pre-existing agreements mean that something like this with strong commercial consequences will almost certainly go to the AGRI committee.  It’s just one more way Monsanto and similar companies control this kind of legislation.

If you want to watch the debate live or afterwords, it will be available for viewing from one of the links found on this page:

http://www.europarl.europa.eu/ep-live/en/committees/schedule?committee=AGRI

 

EU Seed Law: Niche Market PRM

In the final Commission draft of the EU seed law is a provision for niche varieties:

Article 36

Derogations from registration requirements in the case of niche market plant reproductive material

1. Article 14(1) shall not apply to plant reproductive material where all of the following conditions are fulfilled:

(a) it is made available on the market in small quantities by persons other than professional operators, or by professional operators employing no more than ten persons and whose annual turnover or balance sheet total does not exceed EUR 2 million;

(b) it is labelled with the indication ‘niche market material’.
That plant reproductive material is hereinafter referred to as ‘niche market material’.

2. The persons who produce niche market material shall keep records of the quantities of the material produced and made available on the market, per genera, species or type of material. On request, they shall make those records available to the competent authorities.

3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out, with regard to the production and making available on the market of niche material belonging to particular genera or species, one or more of the following:

(a) the maximum size of packages, containers or bundles;

(b) requirements concerning traceability, lots and labelling of the niche market material concerned.

(c) modalities of making available on the market.

This provision has sparked quite some discussion in the past few days, all over Europe.  The emergence of this provision came as a surprise, and now people are starting to think about how it will affect everyone.

10 persons and annual turnover or balance sheet total does not exceed EUR 2 million

This is the sticking point.  On one hand this seems to provide a nice exception for small farmers and seed companies, but on the other seems to cause some problems.

In the Netherlands, 2 small independent seed companies fall over this limit, as do other small independent seed companies in other countries like Franchi in Italy.

In the UK, small seed company Real Seeds has expressed concern, because their business depends on supplier relationships with larger seed companies.  The Soil Association has publicly expressed concern because large investment is often need to develop new seed varieties, and smaller companies may not have the capacity to adequately do this.

Protecting Small Businesses

The original thought when this exemption was proposed was to reduce the red tape for smaller companies, but another purpose has emerged.  If larger companies could not produce or sell niche market material, it also protects smaller businesses from competition from larger ones.

There is a big problem worldwide that we depend on a very small number of seed companies for virtually all of our seed, and this could provide a nice launching point for small businesses into the market.

Flawed Principles of Registration

There is widespread belief that the system of seed registration is seriously flawed to begin with, and a small exception like niche varieties is not enough.  Instead there should be no mandatory registration for anyone, regardless of size.

Delegated Acts

However nice this provision may be in the regulation, the delegated acts in section 3 could completely undermine the entire article at any moment.

Getting Around the Limit

In my opinion, this is not a very hard limit.  For example if a company is a little too large, they could form a holding company and 2 or more subsidiaries.  This would be feasible for a small company, but less feasible for the very largest of seed companies.

I think seed could also probably be produced by foreign companies, then imported.

What Shall We Do?

Shall we keep this provision?  Shall we scrap mandatory registration, then make this derogation unnecessary?  Should we change the limit?  Shall we keep this provision, but get rid of the delegated acts?

I personally think there’s a lot to be said for getting rid of mandatory registration for all non-GMO open pollinated varieties. The entire system of registration is seriously flawed.  It’s not just seeds that are registered, but the entire supply chain, and in the end member states can impose even more restrictions if they want.

I also think there’s an argument for keeping this provision in order to protect smaller companies, but perhaps with some changes to fix obvious problems.