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Approval of the new seed legislation in Spain

Date interview: May 20 2016
Name interviewer: Janka Horváth
Name interviewee: Maria Carrascosa
Position interviewee: Chairwoman of Red de Semillas 'Resembrando e Intercambiando'


Values Social-ecological relations Re-invigoration New Framing Lobbying Identity Expertise Experimenting Civil Society organizations Barriers & setback

This is a CTP of initiative: Red de Semillas (Spain)

The CTP consists of the reactions of the RdS to the new seed legislation in Spain. The interviewee described why it was necessary to adopt the new seed legislation: the preceding regulation of seed productions and trading  was adopted during the Franco dictatorship regime and it was related to the green revolution. Local varieties were not named in the law. In the 2000s the law became very outdated. Moreover the harmonization of the EU directive, international commitments and the national law was required; therefore a need for a new national regulation emerged. In 2006 a new seed law was adopted. It was the first time in Spain, when national law recognized that local varieties existed, because it included the conservation of varieties, combined with the Farmers’ Right recognised in FAO Treaty. However, "Farmers’ rights are not really recognized, they cannot produce and sell their own seeds in favourable conditions." Also it does not differentiate enough criterias to produce and sell seed of local varieties also in artisanal contexts. Even though the law has been adopted, it does not provide real frame and support for the above mentioned fields.

Co-production

The adoption of the new regulation can be considered as a critical turning point as RdS could have cooperated with the Government on a higher level: "it was our first new law regarding local seed issues so it was a turning point in the way that we could start to say to the Government that we have an article that talks about farmers’ rights so you (the Government) and we have to work on that, or we have a title in this law which talks about plant genetic resources so you (the Government) have to develop it." Unfortunately the Government did not work on the technical regulations of the law so it did not cause any changes in the field of seed issues: "10 years after the approval of the law, nothing really happened." The organization aims to provide space to the development of the farmers’ right and the small scale and artisanal production of local varieties but the Government is still not really open to these issues.

Related events

Adoption of the new seed law in 2006 was a very important milestone in the life of the organization. The most important related events that helped evoke this CTP are the EU directive in 1998 and the FAO Treaty in 2004.

Contestation

In connection with the seed law one of the most contested point is the question of seed registration. There is no consensus on that complex issue inside the organization. "One of the more controversial aspects is to support the registration of the local varieties or not with the current protocols, […] it is not easy to have consensus on that. On the one hand is needed to sell seeds legally but in the other hand the current catalogue is not the most appropriate tool to promote the use of local varieties." Tension exists between options on whether to register a local variety in order to facilitate the trade of the seeds or not. "There is tension all the time between these two positions. As a group we want to propose other ways to organise the productions and trading of artisanal seeds of local varieties but the Spanish government don´t want to change and open the legislation. So a reflection about the options that exist is needed.” Although the organization currently does not support the idea of registration, they usually review their position and it´s an on-going process.

Anticipation

The approval of the new seed legislation was understood as a turning point when it occurred as "that was the first time when national law recognized that local varieties were existing." From that point RdS could have referred to that law when they have attempted to persuade the Government to deal with local varieties. The inclusion of the EU directive to Spanish law was expected. Although the inclusion cannot be considered as a success story, because the Spanish transpositions are stricter than the directives. Considering the fact, that Spanish government supports genetically modified products, the probability of a permissive national regulation on local varieties was rather low. 

Learning

The CTP created important learning opportunities for RdS: it is important to have regulation on the topic; however a "softer" law with farmer´s rights and the local, small scale and artisanal production of seeds of local varieties is needed. Communication is indispensable, thus Red de Semillas is in continuous contact with the Government and politicians in terms of plant genetic resources, intellectual property rights, GMO etc. Red de Semillas organizes and delivers many training activities, seminars to provide information to the political stakeholders. Each year they hold a fair and a biannual seminar aimed at – including others - politicians. At these seminars, where politicians are confronted with the importance of the dynamic use of plant genetic resources, are very important tools for the lobby work. They also provide space and time for the discussion of national issues.

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