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