DEFRA is negotiating for a proportionate, flexible and simplified approach to the proposed new EU legislation for Plant Reproductive Material. Our principal objectives are to make things simpler and to achieve positive outcomes for businesses and gardeners alike.

DEFRA takes the lead for the UK’s membership to the international treaty on plant genetic resources for food and agriculture and the convention on biological diversity. These require contracting parties to conserve the genetic diversity of agricultural varieties, including heritage varieties. DEFRA sponsors three genetic resource collections which maintain heritage varieties: the National Fruit Collection, the John Innes Pea Collection and the vegetable collection at Warwick university. DEFRA is planning to follow up previous research assessing, conserving and encouraging the further cultivation of locally adapted fruit and vegetable varieties (landraces).

DEFRA took a leading role in developing simpler EU registration requirements, introduced in 2009, for heritage varieties of agricultural and vegetable species. These allow marketing on the basis of a simplified, low cost description, with proportionate controls to assure seed quality. DEFRA is now seeking further simplification in the proposed new plant reproductive material legislation currently under discussion at European level.

DEFRA has made numerous representations to the European Commission on its proposed regulation for Plant Reproductive Material. The representations have been through correspondence, negotiation at Council Working Groups, informal discussion, and in a specially convened meeting between DEFRA, Commission officials and UK stakeholders in London in June 2013.

The Government does not support the proposed European Union regulation on the sale of plant reproductive material as currently drafted. The future of the proposals is uncertain following rejection by the European Parliament.

The export of the seeds was subject to the requirements at Article 12.1 and 12.3 of EU Regulation No.1946/2003 on the transboundary movement of genetically modified organisms (GMOs). The seeds were consigned to the importer on that basis, in appropriately sealed packaging. The tomato juice is being sterilised before export to the UK and will not contain any seeds. The import is therefore not subject to any GMO-related requirements. The juice will be stored in an appropriate manner at the John Innes Centre.

The production and marketing of new types of seed, whether genetically modified (GM) or non-GM, is governed by appropriate rules concerning intellectual property. Natural plant resources may not themselves be copyrighted under several international conventions to which the UK is signatory. The Government does not expect issues to arise with the availability of non-GM seeds.

DEFRA represents the UK in Council Working Parties, where the proposed regulation on the marketing of plant reproductive material is being negotiated with the European Commission and other member states.

The positions adopted are based on discussions with stakeholders and devolved Administrations. In all cases, DEFRA has and will continue to push for simpler regulations for ornamental plants and for material sold to gardeners.

DEFRA has supported ornamentals sector representatives in explaining the issues to the European Commission, resulting in a constructive meeting with the Commission official leading the original drafting. DEFRA is also supporting MEPs in their role as co-legislators for the proposals.