Regulatory threats to seed exchanges and plant movements

[ChrisB]

Thanks for doing that letter template Maggi.  I've sent off to my MEP and had a note from the sec saying she'll get back to me.  Mine is Fiona Hall - never knew until this issue blew in 

[Maggi Young]

Not good news : this report copied form Horticulture Week today :

http://www.hortweek.com/Ornamentals/article/1223510/Concessions-omitted-EC-plant-report/

Concessions omitted from EC plant report

By Matthew Appleby Monday, 09 December 2013

The European Commission's new report on plant reproductive material (PRM) contains none of the concessions wanted by the UK Government and growers to help prevent a potential £35m cost to the industry.

A joint campaign by growers, industry bodies and the media had looked as though it had helped progress changes in European PRM legislation that in its original form would have brought new regulation to ornamental horticulture, drastically reducing the range of plants available in the trade.

All plants known by "common knowledge names" would, under the proposal, have required lengthy and costly contentious article 50 "officially recognised descriptions" (HW, 13 September).

Defra and the industry reached "a degree of unanimity" on a new HTA draft on the measures at a meeting on 22 October and Defra will now use it as a negotiating position with the EC to try and force through changes.

Plants for Europe owner Graham Spencer, Farplants director Martin Emmett, the RHS, NFU, Plant Heritage and others campaigned on the issue. But Spencer said EU rapporteur Sergio Silvestris's new report makes "no change" to the crucial wording "commonly known as" in article 50.

"This could still change," said Spencer. "Defra's position paper includes a solution to that problem but we need to see it adopted." The deadline for amendments was 4 December. Spencer added: "There will be more changes, but it is not going as well as Lord de Mauley is making out. It's not a done deal."

De Mauley told the All-Party Parliamentary Gardening & Horticulture Group annual reception last week that the EC is "relenting" on proposed "onerous" PRM rules following "concerted pressure from Defra".

Spencer said a new EU ComEnvi report is equally unhelpful. "Neither of them satisfy all our concerns. Neither addresses the article 50 problem (officially recognised description). The rapporteur addresses the problem of ornamental plants listed in annex 1, albeit only to move them to the scope of article 50. ComEnvi makes life much harder for conservation bodies."

For further details, see www.europarl.europa.eu.

Industry view

"I'm already onto Vicky Ford MEP, who sits on ComEnvi and had promised to help us on this issue. I've got a conference call lined up with her for next week. If the ComEnvi changes went through, it would actually make things worse. How Lord de Mauley can say the PRM issue is under control, I have no idea."   Graham Spencer, owner, Plants for Europe

[Hillview croconut]

It stretches credulity that such a concerted, broadly supported and powerful argument can fall on deaf ears.  I am a long way away from this but it seems to me that there is no good argument not to accept the amendments!  Your excerpt does not present any hint of the reasons given to oppose them.
Surely the cost to industry, the loss of market diversity,  the negative effect on R&D, the impoverishment of consumer choice and the general loss of personal liberty should compel some reasoned response? It should also compel am explanation as to why such controversial and destructive regulatory changes are needed and what are their net benefit.

Cheers, Marcus

[ChrisB]

Maybe if we could work in something about Human Rights ..... seems to work for so many other issues!

[Martin Baxendale]

Hopefully there will be last minute concessions. If not, there's always the option of a campaign of concerted civil disobedience - small nurseries and gardening clubs deliberately arranging events to sell plants and seeds as normal on agreed dates, informing the authorities in advance and saying "Right, take us to court." Such staged events nationwide would attract massive media interest and put the authorities on the spot. Some kind of derogation would have to be initiated. Otherwise the UK courts would be clogged with stupid and pointless time-wasting cases as happened with the Poll Tax protests.

[David Nicholson]

It would be nice to get some views on this from our French, German, Dutch and Spanish members. I suppose we could the same as our Italians friends do in the face of legislation they don't like, totally ignore it and carry on as before

[David Nicholson]

Whoops, missed our famous Belgians!

[Hillview croconut]

Lets hope for those concessions!  The problem with the civil disobedience approach is that it needs an informed gardening public and a solid concerted effort. Hard to pull off on such an issue.  Call me a fuddy duddy but it doesnt somehow feel right that a group of unelected, faceless people in another country can exert such negative influence on another sovereign jurisdiction. If the UK refused to accept the proposed regulation change does that mean it can no longer export into the rest of the EU horticultural market? If that was the case would it have any further bearing on the internal domestic trade? Maybe not?

Cheers,  Marcus

[Maggi Young]

If the UK refused to accept the proposed regulation change does that mean it can no longer export into the rest of the EU horticultural market? If that was the case would it have any further bearing on the internal domestic trade? Maybe not?

Cheers,  Marcus

According to RHS figures from a document last year;  horticulture contributes £9 billion to the UK economy each year as an industry and employs around 300,000 people, from crop growers and gardeners to scientists, tree surgeons and turf specialists.
 I read the other day - though I cannot find the reference - that the value of UK horticultural exports  to the EU is some 57 million euros.

This industry is obviously not inconsequential  to the overall well being of our economy- quite apart from any impact on the environment, ecology etc.

[Martin Baxendale]

The UK has a history of excusing itself  from EU regulations by way of derogations, so that's always a possibility. How it would affect sales to the rest of the EU I don't know. Presumably only a problem if the plant or seed being sold isn't properly documented according to the new rules, and whether the sender gets caught. How they expect to police it at the level of small businesses and individuals I have no idea. They'll have to resurrect the East German Stasi.

Re civil disobedience if the new rules go ahead un-amended, I'm sure the UK Green Party won't be sitting still and doing nothing about it. As a long-term Green Party activist I can be pretty sure about that.  And there are local Green Parties in almost every sizeable UK town and every city, with links to all kinds of other campaigning organisations. The threat to biodiversity, food security, heritage food and ornamental plant varieties, etc will ensure  that there are plenty of people prepared to join in any campaign of protest and civil disobedience. And  as far as the UK authorities are concerned they should be pushing against an open door with Defra etc onside already.

[Hillview croconut]

Interesting scenarios but as Maggi has pointed out this trade is worth a lot to the UK and I presume it will be punished for non-compliance.  It's little wonder that the push against changes is being led, in part,  by the trade sector.

Personally I think small players will be able to escape detection because as Martin says compliance requires surveillance and this will be focused on the usual trade channels. But these changes make criminals out of ordinary people going about their ordinary business. And for what?  I haven't heard a single convincing argument in relation to the horticultural trade.

I am sure the Greens will pursue these matters but I think their focus is elsewhere on food production and market diversity and ornamental horticulture will run a long way second. They are apples and oranges.  Ornamental horticulture just doesn't warrant the same attention.  Consumers can vote with their feet - they don't need  a Nanny state to do it for them and break the model in the process.

At the risk again of ruffling feathers, I, like David,  would like to hear what other non-British EU members think about this issue. Surely living in the EU hasn't put everyone entirely to sleep?

Cheers,  M

[David Nicholson]

At the risk again of ruffling feathers, I, like David,  would like to hear what other non-British EU members think about this issue. Surely living in the EU hasn't put everyone entirely to sleep?

Er! just a point, the EU isn't a 'State' so you can't live in "it" but you can live in a 'State' that is a member of "it". In the case England, Wales and Northern Ireland membership of "it" may well be temporary, can't speak for Scotland though as they have other fish to fry in 2014. I was serious though about reading some views from those living in Mainland Europe.

[Hillview croconut]

Should have put inverted commas around my reference to nanny state ... Sorry using my tablet and it makes one a bit lazy.

I would like to know if the SRGC has a collective position on this matter and if it has formally expressed it? Or if it has given support to the collective delegation currently making the push for concessions?  It would appear a bit of a cop out to urge members to get behind this whilst not being involved itself. Just a thought ....

[Hillview croconut]

Can one then live inside the EU?

[David Nicholson]

Can one then live inside the EU?

Only if you have masochistic tendencies