Frequently Asked Questions: New rules for improved plant and forest reproductive material
- Why do we need to review the EU's legislation on plant and forest reproductive material?
Plant reproductive material (PRM) is plant material (for example seeds, cuttings, trees, roots and tubers, etc.) used for the reproduction of other plants. Forest reproductive material (FRM) refers to seeds, plants, and parts of tree species that are used to create new forests and tree planting.
PRM are subject to strict EU rules on quality and health. However, rules on PRM already exist since 1966 and needs to be revised to keep pace with developments in science, innovation, technology, and digitalisation whilst ensuring at the same time high quality, healthier and improved plants and trees.
The updated rules will guarantee stable yields by future-proofing new plant varieties by testing them for characteristics that can contribute to a more sustainable agri-food production. Seeds will be better adapted to the pressures of climate change, they will be more resistant to pests and thus contribute to reduced use of pesticides, and they will be more drought tolerant. The revision will ensure food security and help preserve the genetic diversity of cultivated crops. The proposal will also reduce administrative burden.
By modernising the legal framework, the proposed Regulation will also support the European seed sector which is the largest exporter in the global seed market (20% of the global market with an estimated value of €7-10 billion and 7,000 companies, mostly SMEs).
- What is the Commission proposing?
On PRM
The PRM proposal maintains the basic principles of the current legislation that new varieties have to beregistered and PRM to be certified before they can be put on the market. Registration refers to the listing of a new plant variety in a national catalogue after confirmation of its characteristics (e.g., that it is different from other varieties on the market). Registration also includes testing of new varieties for characteristics that can contribute to a more sustainable agri-food production. Certification refers to inspections in the fields where PRM is produced and to testing of the PRM harvested from those fields to confirm it can be marketed.
Furthermore, the PRM proposal:
- increases the diversity of PRM on the market and of cultivated crops in the fields by offering a larger choice to all types of farmers and users and facilitates the conservation of this diverse PRM. This increase in cultivated agro biodiversity is achieved through simplified rules for conservation varieties[1] and heterogeneous material[2] and specific derogations for seed conservation networks and exchange in kind of seed between farmers;
- supports organic production by adapted rules for organic varieties[3];
- provides more choice for amateur gardeners.
On FRM
The FRM proposal also maintains the principles of registration of ‘parent trees' (‘basic material') and certification.
It will help ensure that the right tree is planted in the right place so that forests are adapted to current and future climatic conditions. This will also help support the EU's target of planting 3 billion new trees by 2030.
Assessment of sustainability characteristics of parent trees means that those trees are checked for characteristics that contribute to more resilient forests, e.g., tolerance to diseases, better adaptation to the local climatic and ecological conditions, trees that grow well and do not display symptoms of stress. This will allow speeding up climate change adaptation of forests, thus ensuring their continued productivity in the future.
Rules to facilitate the conservation of endangered forest genetic resources will enhance the genetic diversity of trees.
National contingency plans will help ensure sufficient supply of forest reproductive material to reforest areas affected by extreme weather events, fires, pest outbreaks and other disasters.
Finally, both the PRM and FRM proposals introduce a greater emphasis on sustainability and innovative production processes, digital tools, and bio-molecular techniques.
- How do the proposals fit into the Farm to Fork / Green Deal strategies?
The Farm to Fork Strategy stressed that sustainable food systems rely on seed security and diversity. Farmers need to have access to a wide range of quality seeds for plant varieties adapted to the pressures of climate change.
The PRM proposal tightens the current sustainability requirements[4] for the acceptance of new improved varieties of agricultural crops and vine and extends these to fruit plants and vegetables.
The proposal will also facilitate market access of conservation varieties to help preserve genetic diversity of cultivated crops.
By introducing adjusted rules for varieties suitable for organic production, the proposal is expected to help reach the Farm to Fork target of having at least 25% of the EU's agricultural land under organic farming by 2030.
The FRM proposal supports climate adaptation in forestry. It helps foresters tackle climate risks through tightened sustainability criteria (e.g., adaptation to local climatic and ecological conditions) for the production of FRM and measures to protect endangered forest genetic resources. It will support the EU target of planting at least 3 billion additional trees by 2030 under the Biodiversity Strategy. National contingency plans will ensure a sufficient FRM supply to reforest areas affected by extreme weather, and disasters.
- What triggered the Commission's proposal?
The Council requested the Commission to conduct a study on the Union's options to update the existing legislation on PRM, and, if necessary, to present a legislative proposal.
The outcome of the study and subsequent impact assessment showed the need to address sustainability, biodiversity and climate-related challenges. It also demonstrated the importance to ensure equal conditions for operators across the EU and to support innovation and competitiveness of the EU's PRM/FRM industry.
- How have technical and scientific developments been taken on board in the proposals?
The proposals will enable the uptake of new scientific and technical developments, as shown by the following examples:
- bio-molecular techniques may be used to verify the varietal identity of marketed seed.
- Labels with digital features (e.g., QR code) may be used to prevent fraud.
- In the longer term, the proposals allow digitalising the registration and certification systems by recording all activities in an on-line platform (in accordance with the objectives of the European Digital Strategy).
Finally, the possibility to adapt the requirements in the legislation to scientific and technical developments will ensure that the legislation remains up to date.
- What about seed exchange between farmers?
The proposal allows farmers toexchange with other farmers seeds that do not belong to protected varieties. Such exchanges should however fully respect the basic requirements regarding PRM quality (freedom from pests and defects).
Farmers may also exchange with other farmers small quantities of seed saved from their own harvest. This helps them manage the diversity of seed on their farms.
- How will amateur gardeners be affected by this reform?
Like farmers, amateur gardeners, may purchase PRM, certified or not, of different types of registered varieties, including conservation and organic varieties, or PRM of heterogeneous material.
Moreover, amateur gardeners will have even more choice by also having access to PRM which are not certified and do not belong to registered varieties. In order to ensure consumer's protection and informed choices, such PRM which can only be sold to amateur gardeners, are subject to specific requirements: they will have a special label, they will be contained in small packages, and they will be subject to basic quality requirements.
Finally, amateur gardeners may sell or transfer PRM to each other, as long as this is not done for commercial purposes. If that is the case, they are exempted from the rules of this Regulation.
- What about organic varieties?
With this proposal, we ensure that more varieties are available for organic farming. The PRM proposal will introduce adjusted variety registration rules for organic varieties (e.g., testing under the rules of organic farming).
These adjusted rules will allow the registration of more varieties suitable for organic farming and contribute to the objective in the F2F Strategy of reaching 25% of agricultural land under organic farming.
- Does this proposal impact Plant Variety Rights and patents?
The PRM proposal will not have an impact on Plant Variety Rights and patents. Intellectual property rights are covered by the legislation on Community plant variety rights and the Legal protection of biotechnological inventions.
For more information
Plant and Forest Reproductive Material proposal
Questions and Answers on Plant and Forest Reproductive Material
Factsheet on Plant and Forest Reproductive Material
[1] Conservation varieties have been grown under local agro-ecological conditions and have thus become well-adapted to those conditions.
[2] Heterogeneous material has very diverse characteristics that allow it to evolve and adapt to variable growing conditions. It is not a variety.
[3] Organic varieties are varieties that are tailored to the needs of production under organic conditions (i.e. restricted use of fertilisers and pesticides).
[4] Testing of new varieties for characteristics that can contribute to a more sustainable agri-food production, for example disease resistance and drought tolerance.
