Introduction
This post is directed towards at least two very different audiences. The first is the EU Commission as a formal response to a possible revision of plant and forest reproductive material legislation (also known as the EU Seed Law). The second audience are the readers in general of this blog, and since I haven’t posted on this in a while, this means I also have to provide a lot of background information. Since my readers fall into a number of categories, you may even consider there are many more than two different audiences.
Everyone reading this has their own expectations about what I should say and how I should say it, and probably many will be disappointed. All I can say, like usual, is the comments section below is open.
Response to the Commission Proposal
For the members of The Commission reading this, let me first say I choose the baseline policy choice: Do Nothing. The remainder of this post is my justification.
Background
In 2013 there was a legislative attempt to change the EU seed laws. Recollections vary, but this attempt failed. Few people were happy with what was proposed. On a technical level, this was an attempt to replace 12 EU directives with a regulation, which would have meant little or no space for local/national interpretation, something that nearly all stakeholders found problematic.
Shortly after this food industry representatives came to an agreement with the Danish Seed Savers to reinterpret the 12 EU directives into local Danish law. Many including myself consider this to be a ‘Gold Standard’ in legislation. Because of how the EU works, this means in principle any European can open a seed company in Denmark and operate under local Danish laws.
Shortly after this was the Organic Regulation. I was politely asked not to participate in these discussions, which was fine because I don’t have a lot of interest in certified organic food. What was clear was that civil society was all but excluded from these discussions. In reality these discussions were on adapting EU Seed Laws to standards established by the Convention on Biological Diversity. In simple terms, they were largely between the seed industry and the world’s wealthy families and individuals, who are in the process of privatizing biodiversity. Since not many people care about certified organic food, there was not a lot of attention paid to this. An interesting ‘third party’ in these discussions was Copa-cogeca, Europe’s largest farmers union, whose position is probably closer to that of civil society than any of the other players. There was quite a fight between the various parties over the Organic Regulation, that is partly still ongoing, but the Organic Regulation has passed and will come into force.
It would be one thing if the wealthy families of the world formed their own political party, or otherwise their own identity. At least then we would all know who we are talking to and negotiating with. In the case of EU seed laws, the wealthy families have simply taken over civil society’s seed movements, and now use them as a mouthpiece for their own political goals. The entire seed movement in many parts of the world has been all but decimated. In Europe the main mailing list the seed movement uses to communicate has been taken over by the ultra-wealthy and all discussions are managed. I think this is short-sighted, because I think an intact seed movement could be a benefit to a lot of people in a lot of ways. I also think it’s dishonest for the ultra-wealthy to pretend to be in agreement with civil society. It’s just a big lie.
It’s interesting how the battle over our food has become something of a microcosm of society as a whole, and how there won’t be any solutions until world governments figure out how to tax wealthy people and corporations. It’s also interesting EU seed law has become a battle between the world’s ultra-wealthy and corporations, when the ultra-wealthy own the corporations. It’s only the legal definition of a corporation that keeps them from teaming up together.
Convention on Biological Diversity (CBD)
Everything depends on the next meeting of the CBD in Kunmig, China in October. Hopefully they will decide the very problematic privatizing of the world’s biodiversity should be scraped. This would be in the interests of civil society, and strangely enough also the seed industry in Europe. I’m pretty sure this would also be what the farming union Copa-cogeca would prefer as well. This is really the most important issue, more important than any relaxation of seed laws in Europe or elsewhere. This privatizing of biodiversity is much worse than any patents, IPR, seed laws or anything similar we currently face. Literally we are facing the ultra-wealthy owning all the worlds biodiversity, dolling it out gene by gene, and turning our food and nature into something that’s marketed by startups like energy saving light bulbs, electric cars or new mobile phone features.
Being able to implement the privatizing of biodiversity depends on being able to achieve many of the things civil society have been working on for a long time. For example patents, PVP, other IPR and limitations on what farmers can grow all stand in the way of implementing privatization. The ultra-wealthy are working very hard on these issues, fraudulently, in the name of civil society.
Civil society therefore needs to do an about face, and take positions counter-intuitive when compared to the past. We need to join forces with anyone who opposes the privatization biodiversity, and this means standing by the seed industry and Copa-cogeca for the time being. The seed industry did work with us on changing the Danish seed laws, and has indicated this could be a model for the future. The ultra-wealthy are currently standing in the way of this, and any future change in EU seed laws puts the current Danish seed laws at risk. If the CBD decides to abandon privatization, we will certainly want to reconsider.
It’s also to the advantage of civil society to (carefully) let the battle between corporations and ultra-wealthy rage on and wear out both sides.
Current Legislative Proposal
While Seed Law reform in Europe is desperately needed, this is not the time or way for it to be done. This is something the ultra-wealthy has to do, and win. There is no place for the opinions of civil society, and these have been successfully silenced.
Reform of the EU seed law is something that should be cause for celebration. Current EU seed laws date back to WWII and the eugenics program. The current EU seed law has genetic tests called DUS and VCU. DUS or Distinct, Uniform and Stable is the test that gives our food blond hair and blue eyes. VCU or Value for Cultivation and Use gives our food superior intellect. These tests don’t serve any purpose, and should be scraped. We are still undergoing a Holocaust in our food systems. Freeing ourselves from this has parallels with every other form of racism in society today.
Instead of celebrating, we have to oppose the changes in order to prevent privatization under the Convention on Biological Diversity. This isn’t a cause for celebration, it’s not a news story, it’s nothing. We have no choice but sit back and wait to be screwed one way or another.
