Seed sector

in Spain

Index

- What is ANOVE?

- What is GESLIVE?

- Legal Framework

- Seed Industry in Spain

- R&D Goals

- Conclusions

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.

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.).

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

WG Bt

MAIZE

WG SUGAR

BEET

SECTIONS

VEGETABLES

FRUITS AND

BERRIES

CEREALS

MAIZE, OIL

AND FIBER CROPS

COMMITTEES

INTELECTUAL

PROPERTY

REGULATORY

AFFAIRS

GROUPS

GMOS

COMMUNICATION

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.

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

ANOVE Member´s R&D Stations

• 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

Geslive

LEGAL PROCEEDINGS

1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Total

Actuaciones vía

Advas 11 17 34 40 31 8 7 1 3 3 9 25 19 52 176 19 3 4 462

Actuaciones vía judicial

22 28 12 6 29 39 26 23 41 26 13 6 14 17 42 70 60 56 530

280 450 500

600 800 800

900 1.000

1.100 1.150 1.180 1.197 1.203 1.251 1.253 1.270

0

500

1000

1500

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

Inspections

Inspections

GESLIVE's activity against infractions

Legal proceedings by Geslive

0

20

40

60

80

100

120

140

160

180

1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

11 17

34 40

31

8 7 1 3 3

9

25 19

52

176

19

3 4

22 28

12 6

29

39

26 23

41

26

13 6

14 17

42

70

60 56

Administrative Denouncements Legal Proceedings

Training programs: SEPRONA

(Spain)

14

Training programs: SEPRONA (Spain)

ZONE DATE PLACE COMANDANCE PEOPLE TO TRAIN

1 CATALUÑA 30 de septiembre BARCELONA

BARCELONA 8

GERONA 2

LÉRIDA 8

TARRAGONA 2

2 CASTILLA-LA MANCHA 27 de octubre ALBACETE ALBACETE 30

3 MURCIA 26 de noviembre MURCIA MURCIA 14

4 CASTILLA Y LEÓN 5 de noviembre PALENCIA

PALENCIA 18

BURGOS 8

LEÓN 14

5 CASTILLA Y LEÓN 20 de octubre SEGOVIA

SEGOVIA 27

SORIA 1

ÁVILA 18

6 CASTILLA Y LEÓN 22 de octubre SALAMANCA

SALAMANCA 14

VALLADOLID 2

ZAMORA 10

7 EXTREMADURA 29 de octubre CÁCERES CÁCERES 44

8 ANDALUCÍA 9 de diciembre ALMERÍA GRANADA 26

ALMERÍA 22

9 ANDALUCÍA 19 de octubre CÁDIZ

CÁDIZ 20

HUELVA 5

ALGECIRAS 6

10 LA RIOJA 3 de noviembre LOGROÑO LA RIOJA 16

11 GALICIA 18 de noviembre LA CORUÑA LA CORUÑA 18

PONTEVEDRA 8

12 CANARIAS 30 de noviembre TENERIFE TENERIFE 15

TO

TA

L: 3

56 C

ivil G

uard

s fro

m 2

5

Co

ma

nd

an

ce

s

Training programs: SEPRONA (Spain)

Repercussion of activities against infringement

Repercussion of activities against infringement

% Cereal seed out of control

% LEGAL SEED AND NOT CONTROLED CEREAL SEED IN SPAIN (Estimation) CAMPAIGN 2016-2017

CERTIFIED SEED FARM SAVED SEED (FSS) SEED WITHOUT CONTROL

TOTAL 32 % 32 % 36 %

32%

32%

36%

CERTIFIED SEED

FSS

SEED WITHOUT CONTROL

Agreement signed on July 10th

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”

The new FSS Agreement (2017/…)

Agreement signed on July 10th

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”

The new FSS Agreement (2017/…)

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)

• 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.

Legal Framework

• 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.

Seed Production and Marketing

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

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.

Plant Variety Protection in the EU and Spain

• 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.

Breach of Breeder’s Rights

Article 274.4 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.

Offense against Breeder’s Rights

Seed sector

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

Vegetable produce 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)

- 250 new varieties in 2015

- Vegetable Seeds Market Value:

Vegetable seed industry in Spain

Pepper

Fresh tomato

Lettuce

Melon

Cucumber

Brocoli

Watermelon

Tomato rootstock

Field crops industry in Spain

Acreage (ha)

Production (1000 t)

Barley 2.569.600 9.289,8

Wheat (soft) 1.800.400 6.913,5

Sunflower 719.071 713,3

Durum wheat 448.800 1.029,9

Maize 353.240 3.919,5

Oilseed rape 89.800 231,6

Cotton 60.700 152,3

Field crops industry in Spain

MAIZE

- Area 353.240 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

Field crops industry in Spain

SUNFLOWER

- Area 719.071 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: 9.000 ha

Field crops industry in Spain

OILSEED RAPE

- Area 89.800 ha

- Production 231,6 ton

- Type of genetic:

- Hybrids (80%), Open Pollinated (20%)

- Herbicide tolerant (20%), Conventional (80%)

- Use:

- Industrial (100%)

- Production of seed: 1.800 ha

Field crops industry in Spain

COTTON

- Area 60.700 ha

- Production 152,3 ton

- Type of genetic:

- Conventional

- Fiber type Medium (G. Hirsutum)

- Use:

- Food (5%), Industrial (95%)

- Production of seed: 5.900 ha

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.

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

Thank you