Workshop on Farm Saved Seeds

9.00-9.30

REGISTRATION

I. THE STUDY

Chair: Mr Bart Kiewiet

9.30

Opening statement of the Chair

Bart Kiewiet, CPVO

9.40

Presentation of the Study (and annexes)

Hans-Walter Rutz, BSA 

10.00

Comments on the study

How to collect information on the use of Farm Saved Seed?

Definition of small farmer

Definition of "own holding"

Bert Scholte, ESA 

10.30

Comments on the study

Farmers point of view on providing information on the use of Farm Saved Seed

Definition of small farmer

Definition of "own holding"

Thor Gunnar Kofoed, COPA-COGECA

11.00

Comments on the study

Provisions on providing information on the use of Farm Saved Seed

Definition of small farmer

Definition of "own holding"

Jacques Gennatas, European Commission 

11.30-11.50

COFFEE

I. DEFINITIONS OF "SMALL FARMERS" AND "OWN HOLDING"

Chair : Mr Martin Ekvad

11.50

Round table discussions:

Issues that may be the subject of a discussion

- Presently, the Community legislator defines the size of small farmers applicable to varieties protected on Community level and the national legislator defines the size of small farmers applicable to varieties protected on national level. The effect being that the same farmer could be small under Community but not small within the meaning of national rules. This has the effect that a breeder protecting his variety on Community level cannot collect remuneration for the use of Farm Saved Seed of a variety whilst he would be able to do so should he have protected the variety under national law.

- Are the present Community quantities appropriate (92 tons of cereals and 185 tons of potatoes)?

Other possibilities;

- The national legislator could decide the size of small farmers which could then be applicable to varieties protected on national as well as Community level (subsidiarity).

- The Community legislator could decide the size of small farmers which could then be applicable to varieties protected on national as well as Community level. For instance, the ratio between small and "big" farmers should in each member states be 80/20, or any other appropriate ratio (eg, 70/30, 60/40).

- The size could be determined according to an area and not a weight.

- The legislator leaves it up to the parties to agree.

- No exemption for small farmers.

- Others.

- If a farmer owns land in different member states; should all land be considered as his own holding?

Minutes 

13.00-14.00

LUNCH

I. INFORMATION ON THE USE OF FARM SAVED SEED

Chair : Mr Jacques Gennatas

14.00

The Dutch system

Judith Blokland, Plantum NL 

14.20

The Czech system

Vojtech Dukát, Druvod CZ 

14.40

The German system

Ferdinand Schmitz, BDP 

15.00

The British system

Penny Maplestone, BSPB 

15.20

ECJ case law on the breeder's rights to acquire information on farm saved seed

Timothy Millett, ECJ (personal views) 

15.50-16.10

COFFEE

16.10

Round table discussions

Issues that may be the subject of a discussion

- The collection of information

o How is a link between the breeder and the end user of seeds established?

o Are agreements effective tools to acquire information?

o The use of Bag Tags.

o Authorities' role in providing information.

o Should a legal obligation for farmers to provide information even in the absence of a request from the breeder be introduced?

o What can be done within the present legal frame work?

- Is it possible to apply the same system to collect remuneration for farm saved seed in all EU Member States?

II. FINAL REMARKS

Chair : Mr Bart Kiewiet

16.45

Final remarks 

Christoph Amberger, ESA

16.55

Final remarks

Thor Gunnar Kofoed, COPA-COGECA

17.05

Final remarks

Jacques Gennatas, European Commission

Issues that may addressed

• Are the Community provisions on information on the use of farm saved seed and the definition of small farmer up to date/adequate?
• Should the rules be amended? If so, who can look more into detail on how the rules should be amended? A working Group?

17.15

CLOSING OF THE WORKSHOP
Final remarks 

Bart Kiewiet, CPVO