SEED TRADE UNDER INTERNATIONAL SEED REGULATIONS

Transcription

1 SEED TRADE UNDER INTERNATIONAL SEED REGULATIONS A presentation By Kennedy Wekulo (PhD continuing) k.wekulo@kenyaseed.co.ke AT THE 2016 ANNUAL AFSTA CONGRESS Laico Regency Hotel Nairobi City, Kenya 1 st March 2016

2 OUTLINE AND INTRODUCTION

3 Outline of Presentation 1. Background Information and Introduction 2. Institutions Involved in Seed Trade 3. Seed Certification 4. Seed Testing 5. Phytosanitary Measures 6. Plant Variety Protection 7. Impact of Seed Regulations on Seed Trade 8. Challenges Facing Enforcement of Seed Regulations 9. Conclusion

4 Background Information World population will increase from 6.9b in 2010 to 9.3b in 2050; and agriculture shall play a key role in meeting the world s growing demand for food whereby agricultural production will have to double (FAO, 2009). High quality seed is a pre-requisite to achieve maximum outputs and good returns for farmers. In 2011, the commercial world seed market was valued at US$42b (ISF, 2011) To strengthen the seed sector, it is therefore key that seed growers and companies adhere to policies that guarantee quality standards and appropriate regulatory framework.

5 Background Information A strong seed sector is due to adherence to policies that guarantee quality standard and appropriate regulatory features. A functional regulatory framework helps to promote competitive seed markets and lower trade barriers, thereby providing a better choice of quality seeds for farmers.

6 Institutions Involved in Seed Trade 1. Government / Ministries of Agriculture 2. Research Institutions e.g. KARO, CIMMYT, KEFRI 3. Seed companies/merchants e.g. SEEDCO, Victoria Seeds 4. NGOs and Donor Agencies e.g. FAO 5. NDA e.g. KEPHIS 6. Plant Breeders Associations e.g. PBAK 7. Seed Traders Associations e.g. STAM, USTA 8. Seed growers e.g. CGA 9. Agents, Sub-agents and Stockists

7 Kenyan Seed Industry Actors Actor KALRO, KSC, Universities, MNCs, SME seed companies Research and breeding Role KEPHIS KALRO (GeRRI), KSC, Universities, MNCs, SME seed companies KSC, SME seed companies, MNCs, Community organizations KSC, SME seed companies, MNCs Variety registration, seed certification and enforcement of regulations (including phtyo and quarantine measures on seed imports and exports) Conservation and regulation of access of plant genetic resource, breeders and foundation seed production Seed production Processing and packaging KSC, SME seed companies, NGOs, rural agrodealers, extension agents Education, training, extension, distribution and sales

8 REGULATIONS AND STANDARDS GOVERNING INTERNATIONAL SEED TRADE

9 Seed Certification This is a quality assurance process where seed intended for domestic or international markets is controlled and inspected by official designated authority in order to guarantee consistent high quality to consumers/farmers. This is done through:- 1. Controlling seed quality in early generations 2. Field inspections during multiplication 3. Growing samples in control plots i.e. post control plots 4. Seed quality testing in laboratories

10 Seed Certification Usually certification varies from between different countries since most have developed their own certification standards, which maybe obligatory or optional (source: OECD) A globally recognized seed certification system is the OECD seed schemes which provides an international framework for the certification of seed to facilitate seed trade. OECD seed schemes were set up in 1958 and there are currently more than 60 members of one or more OECD seed schemes worldwide (source: OECD)

11 Seed Certification The seed schemes authorizes the use of labels and certificates for seed produced and processed for international trade according to agreed principles. The list of eligible varieties for seed certification is regularly published and currently 49,899 varieties and 200 species are listed (source: OECD) For a country to participate in the OECD Seed Schemes, there are certain criteria to be met e.g. a description of the national seed certification scheme; rules and procedures governing variety registration and seed certification e.t.c.

12 Seed Certification Other seed certification systems are:- Association of official seed certifying agencies (AOSCA) in the US, Australia, New Zealand and South Africa quality assurance program, identity preserved programs European Union Latin America

13 Seed Testing Seed tests, usually by seed testing labs, provide stakeholders with information on the quality of seed before sowing. This is bcoz seed quality determination on seed to be supplied to farmers is a key measure to achieving successful agric prod n. Seed tests may include physical purity, germination, moisture content, seed vigour, varietal quality that may include GM detection in non-gm seed lot e.t.c. ISTA s objective is to develop and issue standard procedures for seed sampling and testing and to promote uniform application of these procedures for the evaluation of seed intended for trade.

14 Methods in the ISTA rules generally aim to meet regulatory needs, satisfying technical and commercial evaluation objectives regarding the potential of seeds; and include:- 1. Sampling 2. Analytical purity 3. Germination Seed Testing 4. Moisture content 5. Diagnostic seed health 6. Detection of GM in non-gm seeds

15 Seed Testing ISTA has also developed a programme for laboratory accreditation designed for seed testing with an aim of strengthening the system of validated standard testing methods and communication of results. ISTA has 120 accredited public and private laboratories from 56 countries all over the world (source: ISTA, 2012). To be accredited, a lab must have an established quality assurance system, pass scheduled audits and obtain reliable results from the proficiency tests. ISTA accredited labs issue ISTA international certificates guaranteeing among others traceability of the analysis.

16 Seed Testing Other seed testing organizations are:- The association of official seed analysts (AOSA) in the US and Canada The society of commercial seed technologists

17 Phytosanitary Measures These are government legislations, regulations and procedures that regulate, restrict or prevent the import and marketing of certain plant species or plant products. This ensures safe trade in plants and plant products. The agreement on the application of sanitary and phytosanitary measures (WTO-SPS Agreement) of WTO allows countries to set their own phytosanitary measures, which must have sound scientific basis.

18 Phytosanitary Measures Currently, the IPPC is recognized by WTO-SPS Agreement as the only international standard setting body for plant health; and 177 governments adhere to IPPC (source: OECD) The three key areas under IPPC related to seed trade are:- 1. Dev and implementation of international standards for phytosanitary 2. Exchange of official phytosanitary information 3. Capacity dev programme targeting developing countries Currently there are nine (9) regional plant protection organizations worldwide e.g. NPPO

19 Plant Variety Protection WTO s agreement on trade-related aspects of intellectual property rights (TRIPS) obliges its signatories to implement a system for the protection of plant varieties e.g. through patents, sui generis system. UPOV provides and promotes an effective system of plant variety protection aimed at encouraging the development of new varieties of plants. By granting PBR, UPOV members encourage plant breeding usually where the variety has conformed to DUS parameters. UPOV 1991 Act is common in Africa and Europe.

20 Plant Variety Protection The International Treaty is an international legally binding instrument governing access and benefit-sharing for plant genetic resources for food and agriculture (PGRFA). Contracting parties to the international treaty have therefore established a global gene pool whose access is made possible by SMTA which was adopted in This international treaty also advocates for the promotion and protection of farmers rights e.g. by protection of traditional knowledge of relevance to PGRFA.

21 REGIONAL EFFORTS IN STANDARDS AND REGULATIONS GOVERNING SEED TRADE

22 COMESA The COMESA seed trade harmonized regulations of 2014 are aimed at:- 1. Increasing access to existing varieties in member states, 2. Encouraging investment in seed business among member states, 3. Stimulate breeding and availability of quality seed varieties, 4. Ensure that varieties traded in the block are of high and known quality, and 5. Harmonize phytosanitary measures within the block to facilitate safe movement of quality seed.

23 COMESA Certified seed production of staple crops in COMESA as at 2015 stands at:- Zambia Zimbabwe Kenya Malawi Uganda Rwanda Burundi 120,000MT 55,000MT 45,000MT 40,000MT 15,000MT 8,000MT 5,000MT (Source: COMESA)

24 ASARECA The ASARECA seed policy project involved both the rationalization and harmonization of seed laws in the East and Central Africa region; this ultimately was aimed at increasing the flow of seed across national boundaries. To date, apart from DRC, all ASARECA countries are signatories to the IPPC.

25 SADC The technical agreements under SADC are similar to ones used under ASARECA seed policy project e.g. a SADC seed certification and quality assurance system, SADC quarantine and phytosanitary measures for seed (SADC, 2006)

26 EASCOM The seed regional working group was transformed in 2004 into the EASCOM whose key functions were to review the seed policies, laws and regulations; strengthen national seed and plant breeders associations; and provide information to members.

27 ECOWAS With the support of FAO, a regional catalogue, the West African Catalogue of Plant Species and Varieties (COAFEV) lists the varieties whose seed maybe marketed in member countries without restrictions. This was captured in the ECOWAS agreement which was adopted by the council of ministers in The West African Seed Program (WASP) aims at increasing the availability of quality seed to 25% by 2017 in West African countries through gazettement of seed regulations by all ECOWAS countries (source:

28 ECOWAS With the support of FAO, a regional catalogue, the West African Catalogue of Plant Species and Varieties (COAFEV) lists the varieties whose seed maybe marketed in member countries without restrictions. This was captured in the ECOWAS agreement which was adopted by the council of ministers in The West African Seed Program (WASP) aims at increasing the availability of quality seed to 25% by 2017 in West African countries through gazettement of seed regulations by all ECOWAS countries (source:

29 IMPACT OF SEED REGULATIONS ON SEED TRADE

30 Advantages of International Seed Regulations Participation in internationally harmonized systems will facilitate the availability of germplasm, new plant varieties and high quality seed for the benefit of farmers. The global seed market has grown in recent years and is currently worth about USD40b. Cross border trade on seed is estimated to be around USD8b (FAO, 2009)

31 Advantages of International Seed Regulations Provides fora for dialogue and information exchange for international standard setting Provides an environment for technical assistance for the development of national policies and legislations for implementation of international regulatory frameworks. Strengthens capacity and partnership among all stakeholders. Enhanced national and sub-national seed programmes for seed production e.g. quality declared seed system

32 Advantages of International Seed Regulations Brings together public institutions and private companies to strengthen seed systems i.e. developed joint initiatives with ISF, ISTA, OECD and UPOV are generally aimed at facilitating development of seed sectors. To support international seed business, ISF has developed a corpus of commercial laws, including trade rules and arbitration rules. Trade rules clarify and standardize contractual relations between buyers and sellers at international level.

33 CHALLENGES AFFECTING PROGRESS MADE IN HARMONIZATION OF SEED RULES AND REGULATIONS

34 Phytosanitary measures have been frequently used as nontarrif barriers (NTBs) in EAC region by member countries. This implies that member countries may not be willing to eliminate NTBs even though they have committed to doing so. Most EAC member countries lack adequate capacity at border points for the provision of quarantine services. This hinders achievement of optimal compliance to phytosanitary standards. The EAC region still need to build capacity for a regional pest information system

35 Failure to establish interagency certification for goods in transit may hamper seed trade too. Limited progress has been made in Sudan who is not a UPOV member; Madagascar has no legal PVBP framework (ASARECA, 2011) Uncompetitive salaries for seed analysts in (especially in developed countries) make a career in seed quality assurance unattractive to the young people.

36 CONCLUSION Improved varieties and high quality seeds are basic requirements for productive agriculture, which is the basis for sustainable economic development in developing countries. The evolution of seed quality determination has not reached the end point; hence newer developments will make seed tests and their applications more robust, quicker and cheaper. The full access of the ITPGRFA will depend on local, national and regional implementation. Implementation of measures to prevent the introduction and spread of plant pests is key to ensuring the development of a viable and sustainable regional seed market.

37 Thank You Ahsante Dhanyavaad Merci Gracias Shukriyaa