On Monday May 6th a draconian new law was put before the European Commission, which creates new powers to classify and regulate all plant life anywhere in Europe.
"Plant Reproductive Material Law" regulates all plants. It contains
immediate restrictions on vegetables and woodland trees, while creating
powers to restrict all other plants of any other species at a later
the new law, it will immediately be illegal to grow, reproduce or trade
any vegetable seed or tree that has not been tested and approved by a
new "EU Plant Variety Agency, who will make a list of approved plants.
Moreover, an annual fee must also be paid to the Agency to keep them on
the list, and if not paid, they cannot be grown.
a huge outcry and intense lobbying from consumer groups, small-scale
farmers, genebanks, and even some member-state governements, a few
last-minute alterations were made, which while not perfect, have reduced
the impact quite a lot.
key last minute concessions that were made - and this really was only
due to public pressure, because they were not in the draft just 3 days
previously - are as follows:
*Home gardeners are now permitted to save and swap unapproved seed without breaking the law.
& small organisations can grow and supply/sell unapproved vegetable
seed - as long as they have less than 10 employees.
*Seedbanks can grow unapproved seed without breaking the law.
could be easier (in an unspecified way) rules for large producers of
seeds suitable for organic agriculture etc, in some (unspecified) future
legislation - maybe.
the rest of the law is still overly restrictive, and in the long run
will make it much harder for people to get hold of good seeds they want
to grow at home. There are also clauses that mean the above concessions
could be removed in the future without coming back to the Parliament for
are checking out what the next step is. It appears that next it must go
to Parliament for modification or approval, so there is still the
chance of changes for better or worse. We must all campaign to make sure
only improvements are made!
Ben Gabel, vegetable breeder and director of The Real Seed Catalogue, says:
draft law was truly awful, and it is good to see that the Commission
have responded to the hundreds of thousands of citizens who raised their
voices against it. They have made important concessions for home
growers and small farmers, though it is a shame they did not think of
them in the first place."
it will still have negative consequences. It will halt the professional
development of vegetable varieties for home gardeners, organic growers,
and small-scale market farmers.
is because the main registration system is no good for home gardeners -
varieties suitable for home use don't meet the strict criteria of the
Plant Variety Agency, which is only concerned about approving the sort
of seed used by industrial farmers.
of this, seed companies used to be able to register and sell "Amateur"
varieties that didn't pass the tests, for home growers. Under the new
system, they are now called "Niche" varieties and there is no testing or
registration at all, but there is a big catch: any company with more
than 10 employees is now banned from producing them.
new varieties for home growers can only be developed by tiny
organisations, and they may not have the resources to do it well. There
will be very little professional development of varieties for home
gardeners or small-scale sustainable agriculture."
law will reduce the choice available to large farmers too. In some
cases it will only allow new varieties of vegetable if they are tested
and proven to be better than ones currently on the list. This is
foolish, often you don't discover the benefits of a new variety until
you've been growing it for several years, for example when a new disease
comes along that it turns out to be resistant to. In a free market, it
should be up to farmers to try out any new crop they like and decide
what variety is best based on their own experience."
no real need for this complex new regulation. We already had very
strong consumer-protection laws that cover all this - seeds must be fit
for the purpose sold, match their description, and perform as
advertised. The old seed laws already covered health, traceability and
safety. Anyone who produces seed is already inspected and certified by
the Secretary of State."
is an instance of bureaucracy out of control. All this new law does is
create a whole new raft of EU civil servants being paid to move
mountains of papers round all day, while interfering with the right of
people to grow what they want, and charging fees for the use of plants
that were domesticated and bred by the public over thousands of years of
is also very worrying that they have given themselves the power to
regulate and licence any plant species of any sort at all in the future -
not just agricultural plants, but grasses, mosses, flowers, anything at
all - without having to bring it back to the Council for a vote."
law was written for the needs of the globalised farm-seed industry, who
supply seed by the ton to industrial farmers. It should not apply at
all to seed used by home gardeners and small market growers, who have
very different needs."
"We call for a total exemption from the law for seed supplied in small packets directly to individual consumers."
NOTES TO EDITORS
*Plant Reproductive Material Law was before the EU commissioners on May 6th 2013
*Law drafted by DG SANCO (consumer affairs), internally opposed by DG AGRI & ENVI (agriculture & environment)
*Executive Summary of Law does not reflect stricter reality of the actual articles in the law
*Law will effectively kills off professional development of home-garden seeds in the EU
*Huge public opposition: over 200,000 signatures to the Arche Noah petition
*Media contact: Ben Gabel, The Real Seed Catalogue:
ABOUT THE REAL SEED CATALOGUE:
The Real Seed Catalogue (www.realseeds.co.uk)
is a well-known DEFRA-registered seed supplier, based in Wales, that
specialises in breeding and supplying vegetable seed specially suited to
the needs of home gardeners. As a not-for-profit company dedicated to
the needs of home gardeners, it is also one of the UK's premier
seed-saving organisations, educating the public about seed saving and
how to preserve their own heritage varieties of vegetables at home.
1) SIGN the petition(s)
are several petitions organised for this. The biggest is the Arche Noah
petition which you should sign here. 200,000 signatures so far!
one is the English-language version of the Seed Sovereignty petition
(there is one for each EU language, so the total numbers are lower for
Please sign both and share these links.
2) CHECK OUT OUR FACEBOOK PAGE
We will post updates on our Facebook Page as we get more information.
EVEN MORE INFORMATION - and a warning
The law itself is linked below if you want to wade through it. But before you start, a very important warning:
cannot just read the first 5 pages or so that are an "executive
summary", and think you know what this law is about. The executive
summary is NOT what will become the law. It is the actual Articles
themselves that become law, the Summary has no legal standing and is
just tacked on as an aid to the public and legislators, it is supposed
to give background information and set the proposed legislation in
context so people know what is going on and why.
problem with this law has always been that the Summary says lots of
nice fluffy things about preserving biodiversity, simplifying
legislation, making things easier etc etc - things we all would love -
but the Articles of the law actually do completely the opposite. And the
Summary is not what becomes the law.
example, the Summary of drafts 1,2, & 3 talked about making things
easier for "Amateur" varieties. But the entire class of Amateur
vegetables - which we have spent 5 yearsworking with DEFRA to register -
was actually abolished entirely in the Articles right from the start.
Yet the Summary , and press releases based on it, still talked about how
it will help preserve Amateur varieties! The Summary is completely
bogus. Do not base your views of the law on it!
be warned. By all means, read it yourself. But you have to ignore the
Summary as that is not the Law, and does not reflect what is in the Law.
Official version of the Law as of May 6th is Here
All About The New EU Seed Law
as laid before EU Commissioners on May 6th