Question for written answer to the Commission Rule 117
– Question of Marc Tarabella (S&D)
– Answer given by Mr Dalli on behalf of the Commission
The Commission will be aware of the position recently adopted by the Court of Justice of the European Union in the case brought before it by the Nancy (France) Court of Appeal, to the effect that Kokopelli (a non-profit-making association) was not permitted to market seed that did not appear in official catalogues. This position is in line with a productivist trend that disregards the desirability of being able to benefit from a varied range of plant seed, including ‘old varieties’.
1. Is the Commission aware that this trend gravely harms the very biodiversity that it claims to want to protect?
The Commission is aware that the range of species on which human food security rests has decreased in the last century and that genetic erosion is continuing, mainly due to the fact that breeding of new varieties increasingly focuses on a limited number of crops of global importance. The Commission thus acknowledges the importance of maintaining and developing a wider genetic basis for cultivated plants. The EU legislation on the marketing of plant reproductive material combines securing food supply through high quality plant reproductive material with the protection of the genetic diversity of cultivated plants.
2. Is the Commission aware of all the consequences of this ruling, which will set a precedent?
The ruling of the Court of Justice on a preliminary ruling concerning the validity of four EU directives brought by the Court of Appeal in Nancy (France) confirms the legal efficacy of this legislation. National implementation of the Commission Directives on conservation varieties(1) and on amateur varieties of vegetables(2) has so far led to the registration of around 570 varieties in the agricultural and vegetable Common Catalogues within less than 18 months. The Commission is confident that the number of registrations of these varieties will continue to grow.
3. Does the Commission consider it necessary to review the provisions of the directive in question?
Following a comprehensive evaluation, the Commission is currently concluding the review of the EU plant reproductive material marketing legislation, comprising the legislation on conservation and amateur vegetable varieties.
Notas:
(1)Commission Directive 2008/62/EC of 20 June 2008 providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties (Text with EEA relevance) (OJ L 162, 21.6.2008, p. 13–19).
(2)Commission Directive 2009/145/EC of 26 November 2009 providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties (Text with EEA relevance) (OJ L 312, 27.11.2009, p. 44–54).