Seed sector in Spain

Transcription

1 Seed sector in Spain

2 Index - What is ANOVE? - What is GESLIVE? - Legal Framework - Seed Industry in Spain - R&D Goals - Conclusions

3 ANOVE - Who we are? anove National Plant Breeders Association: Representation, promotion and defense of the breeders common interests before the public administrations, economic agents, stakeholders, etc. G E S L I V E Gestión de Licencias Vegetales: Management, protection and defense of intellectual property rights on protected plant varieties.

4 ANOVE - Mission and vision ANOVE Mission: Representing plant breeding industry in Spain, promoting the defence of its interests and the awareness of its activity, supporting the innovation and development of agriculture ANOVE Vision: An innovative agriculture, competitive and sustainable, which values and have full access to plant breeding, contributing by this way to food security and economic development of the society. ANOVE current membership includes most of plant breeders active in Spain, both private companies and public centres, from large multinationals to SMS companies (cooperatives, family companies, etc.), in all crops (vegetables, field crops, fruits, ornamentals, etc.).

5 MEMBERS The Association is widely represented in the Spanish agricultural sector, where its members account for a high percentage of the most frequently grown plant varieties 100% Vegetable 100% Maize 90% Fruit 100% Sugar Beet 95% Cereal 95% Sunflower 80% Cotton

6 SECTIONS COMMITTEES CEREALS REGULATORY AFFAIRS VEGETABLES INTELECTUAL PROPERTY FRUITS AND BERRIES MAIZE, OIL AND FIBER CROPS WG Bt MAIZE COMMUNICATION GROUPS WG SUGAR BEET GMOS

7 Aims Communication: Improving the social perception and appreciation of plant breeders activities IP: defending the intellectual property rights of plant breeders. Regulations: participating in the discussion and decisions affecting plant breeding industry. Representation: representing and coordinating the plant breeding sector in Spain before national and international associations and stakeholders.

8 MEMBERS ANOVE MEMBERS: 51 Companies + 3 Public Research Centres Global Turnover: Over 1000 million euros/year Relating to seed business 575 million euros/year Employment: 2500 workers 30 35% R&D experts

9 ANOVE Member s R&D Stations

10 Geslive GESLIVE was incorporated in 1996 as an independent organization by the main plant breeders operating in Spain. Since 2014, GESLIVE is a subsidiary of ANOVE, which holds 100% of the capital stock GESLIVE main role is management, protection and defence of PVRs: Legal assistance Licenses management 3,300 licenses on 1,325 varieties in 2016 Inspection activities 1,250 inspections in 2016 Enforcement 60 legal proceedings in 2016

11 GESLIVE's activity against infractions Inspections Inspections Actuaciones vía Advas Actuaciones vía judicial LEGAL PROCEEDINGS Total

12 Legal proceedings by Geslive Administrative Denouncements Legal Proceedings

13 Training programs: SEPRONA (Spain)

14 Training programs: SEPRONA (Spain) 14

15 Training programs: SEPRONA (Spain) ZONE DATE PLACE COMANDANCE PEOPLE TO TRAIN BARCELONA 8 1 CATALUÑA 30 de septiembre BARCELONA GERONA 2 LÉRIDA 8 TARRAGONA 2 2 CASTILLA-LA MANCHA 27 de octubre ALBACETE ALBACETE 30 3 MURCIA 26 de noviembre MURCIA MURCIA 14 PALENCIA 18 4 CASTILLA Y LEÓN 5 de noviembre PALENCIA BURGOS 8 LEÓN 14 SEGOVIA 27 5 CASTILLA Y LEÓN 20 de octubre SEGOVIA SORIA 1 ÁVILA 18 SALAMANCA 14 6 CASTILLA Y LEÓN 22 de octubre SALAMANCA VALLADOLID 2 ZAMORA 10 7 EXTREMADURA 29 de octubre CÁCERES CÁCERES 44 8 ANDALUCÍA 9 de diciembre ALMERÍA GRANADA 26 ALMERÍA 22 CÁDIZ 20 9 ANDALUCÍA 19 de octubre CÁDIZ HUELVA 5 ALGECIRAS 6 10 LA RIOJA 3 de noviembre LOGROÑO LA RIOJA GALICIA 18 de noviembre LA CORUÑA LA CORUÑA 18 PONTEVEDRA 8 12 CANARIAS 30 de noviembre TENERIFE TENERIFE 15 TOTAL: 356 Civil Guards from 25 Comandances

16 Repercussion of activities against infringement

17 Repercussion of activities against infringement

18 % Cereal seed out of control % LEGAL SEED AND NOT CONTROLED CEREAL SEED IN SPAIN (Estimation) CAMPAIGN CERTIFIED SEED FARM SAVED SEED (FSS) SEED WITHOUT CONTROL TOTAL 32 % 32 % 36 % 36% 32% CERTIFIED SEED FSS SEED WITHOUT CONTROL 32%

19 The new FSS Agreement (2017/ ) Agreement signed on July 10 th 2017 between: GESLIVE (Plant Breeders and right holders) ASAJA, UPA (farmers unions) COOPERATIVAS AGROALIMENTARIAS (Farmers Seed processors) Eligible crops: cereals and pulses open to potatoes and forages Simplification: flat fee for all varieties (1,2 /Q - 1, 2, 3 /Ha) Several doors for declaration and payment by farmers: Seed processors Farmers Unions Services providers to CAP applications (Banks, cooperatives, etc.) Retribution based on quantities (seed processors) or surfaces (farmers, farmers unions) Transparency Modulation : different royalties depending on average yields Definition of small farmers

20 The new FSS Agreement (2017/ ) Agreement signed on July 10 th 2017 between: GESLIVE (Plant Breeders and right holders) ASAJA, UPA (farmers unions) COOPERATIVAS AGROALIMENTARIAS (Farmers Seed processors) Eligible crops: cereals and pulses open to potatoes and forages Simplification: flat fee for all varieties (1,2 /Q - 1, 2, 3 /Ha) Several doors for declaration and payment by farmers: Seed processors Farmers Unions Services providers to CAP applications (Banks, cooperatives, etc.) Retribution based on quantities (seed processors) or surfaces (farmers, farmers unions) Transparency Modulation : different royalties depending on average yields Definition of small farmers

21 Spanish Regulations on FSS EU Regulations 2100/94 and 1768/95 Spanish Plant Variety Protection Act (Ley 3/2000) and Regulation (RD 1261/2005) Spanish Regulation on FSS processing (RD 1709/1997) Farmers Exemption: No permission needed for use of FSS No quantitative restrictions Small farmers are exempted from payment Obligation to provide information and to pay remuneration FSS Processing: Processors are registered and controlled by authorities Detailed records of all processing operations (date, name, quantity, variety...) Obligation to provide information (both parties -farmer and processor- are responsible of veracity)

22 Legal Framework Law 30/2006, of July 26, on seeds and nursery plants and plant genetic resources. General and Technical Certification Regulations. Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights. Law 3/2000 of January 7, on the legal regime for the plant varieties protection. Criminal Code: Penalties of up to two / three years for reproducing (rooting) material of protected varieties.

23 Seed Production and Marketing Law 30/2006, of July 26, on seeds and nursery plants and plant genetic resources. General and Technical Certification Regulations. Seed production is an activity subject to administrative control and authorization - only certified seed can be marketed. It can only be carried out by authorized persons and entities (producers and traders). Seed production is subject to technical protocols aimed at ensuring its final quality: Crop declaration, Inspections; Sampling; Pre and Post-control.

24 EU-ES REGULATIONS ON FSS EU Regulations 2100/94 and 1768/95 Spanish Plant Variety Protection Act (Ley 3/2000) and Regulation (RD 1261/2005) Spanish Regulation on FSS processing (RD 1709/1997) Farmers Exemption: Limited to some crops: cereals, potatoes, forages No permission needed for use of FSS No quantitative restrictions Small farmers are exempted from payment Obligation to provide information and to pay remuneration Remuneration can be subject of agreement (at EU, national, regional or individual levels) FSS Processing: Processors are registered and controlled by authorities Detailed records of all processing operations (date, name, quantity, variety...) Obligation to provide information : Denial of information is considered as a regulatory offence Both parties -farmer and processor- are responsible of veracity

25 Plant Variety Protection in the EU and Spain Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights; And Law 3/2000, of January 7, on the legal regime of plant varieties Requirements: new variety, different, homogeneous and stable. Application to all species. Exclusive rights : Production or reproduction. Conditioning. Release. Sale or other commercialization. Export. Import. Storage for such purposes. Extension to harvested material and derived products. Limitation of the "farmer's privilege". Essentially Derived Varieties ". Duration: 25 years for herbaceous and 30 years for woody.

26 Breach of Breeder s Rights Civil liability : Termination of acts. Compensation for damages. Collection and destruction of all illegitimate material. Attribution to the breeder of material ownership. Publication of the judgment at the expense of the offender. Measures necessary to prevent a new infringement. Administrative infraction: fine. Criminal offense: prison sentence and fine. Extension to the product of the harvest (fruit) and derived products. Extension of responsibility to the different operators in the commercialization chain.

27 Offense against Breeder s Rights Article Spanish Criminal Code: It shall be punishable by penalties of 1 to 3 years' imprisonment which, for agricultural or commercial purposes, without the consent of the holder of a plant variety certificate and with knowledge of its registration, produce or reproduce, condition with a view to production or reproduction, offers for sale, sells or markets in any other form, exportation or amount, or possesses for any of the aforementioned purposes, plant propagating or propagating material of a protected plant variety according to national or European Union legislation on the protection of varieties vegetables. Any person who performs any of the acts described in the preceding paragraph shall be punished with the same penalty by using, under the name of a protected plant variety, plant material of reproduction or multiplication that does not belong to such variety.

28 Seed sector in Spain

29 Vegetable produce industry in Spain Focusing on exports: Rank of Spain in worldwide trade: - Lettuce, chicory, endives: 1st - Cucumbers, gherkins: 2nd - Cabbage, cauliflower: 3rd - Tomato: 3rd - Onions, garlic, leeks and other alliaceous vegetables: 5th - Carrots, beetroot, celery, radishes: 9th Production: 22953,3 M ton

30 Vegetable seed industry in Spain - Annual turnover: 295 million - Employ: 1590 workers (828 R&D) - R&D investment: 46,8 million - ANOVE member s Research Centers: 34 - Seed market: - 47 species, 4500 varieties (700 tomato) new varieties in Vegetable Seeds Market Value: Pepper Fresh tomato Lettuce Melon Cucumber Brocoli Watermelon Tomato rootstock

31 Field crops industry in Spain Acreage (ha) Production (1000 t) Barley ,8 Wheat (soft) ,5 Sunflower ,3 Durum wheat ,9 Maize ,5 Oilseed rape ,6 Cotton ,3

32 Field crops industry in Spain MAIZE - Area ha - Production 3.919,5 ton - Type of genetic: - Conventional 70% and GM (insect resistance) 30% - Grain (80%), Forage/Silage (15%), Waxy (5%) - Use: - Feed (95%), Industrial (5%) - Production of seed: 1125 ha

33 Field crops industry in Spain SUNFLOWER - Area ha - Production 713,3 ton - Type of genetic: - Herbicide tolerant (12%) (Imidazolinona+Sulfonylurea) - Oil type: High oleic (20%), High Linoleic (80%) - Use: - Food (5%), Industrial (95%) - Production of seed: ha

34 Field crops industry in Spain OILSEED RAPE - Area ha - Production 231,6 ton - Type of genetic: - Hybrids (80%), Open Pollinated (20%) - Herbicide tolerant (20%), Conventional (80%) - Use: - Industrial (100%) - Production of seed: ha

35 Field crops industry in Spain COTTON - Area ha - Production 152,3 ton - Type of genetic: - Conventional - Fiber type Medium (G. Hirsutum) - Use: - Food (5%), Industrial (95%) - Production of seed: ha

36 National Agreement on FSS National Agreements signed July 2017 between GESLIVE, Farmers Unions (ASAJA, UPA) and AGRI-FOOD COOPERATIVES Supported by the Spanish Ministry of Agriculture and formally communicated to EU Commission and CPVO. Several doors for declaration and payment by farmers: Seed processors Farmers Unions Other CAP offices Farmers directly Retribution based on quantities (seed processors:1,2 /Q) or surfaces (farmers, farmers unions: 1, 2 ó 3 /Ha). Definition of small farmers through objective holding thresholds (depending on CAP estimated yields) from 10 to 60 Ha. Funds are provided for specific objectives: 50% to Breeders 10% to management 40% for local research programs focused on specific problems of Spanish agriculture (drought, adaptability, resistances, etc.); information and education; and promotion of certified seed.

37 Conclusions Plant Breeding is a key industry to solve the challenges mankind is facing for food, fibers and energy supply, in a sustainable and economically efficient way. Plant Breeding is an expensive activity in both time and money IP rights are indispensable to protect and sustain breeder s efforts and investments Proliferation of regulations on key aspects (access to genetic resources, GMOs, LLP, new plant breeding technics, phytosanitary issues, trade ) can impose barriers to plant breeding activity Associations play a major role in enhancing the plant breeders environment and activities Communication and education are essential tools to improve social perception and appreciation of plant breeders work

38 Thank you