The condemnation of the Association Kokopelli
The Association Kokopelli was sentenced before the Regional Court in Nancy in December 2007 in the lawsuit filed by the company and Baumal before the Criminal Chamber of the Supreme Court in January 2008 in the case against the GNIS (of inter- seeds) and FNPSP (National Federation of Producers of vegetable seeds).
The reaction of the Secretary of State for Ecology
According AFP, Wednesday, January 6, 2008, Nathalie Kosciusko-Morizet, Secretary of State for Ecology, said that an amendment will be proposed as part of Grenelle law to authorize the marketing of old varieties. The reaction
GNIS
The GNIS has reacted very quickly with a press release on its site to a tune.
It is for us here to provide the necessary details.
Catalog created at the request of breeders
First, it is said in the statement that the Official Catalogue of Varieties "was created by the state in 1932 at the request of farmers." You should know that his creation was requested by the seed primarily because of the unfair competition which was detrimental to market new varieties selected. All historical references indicate (1). It is only very recently that the GNIS said in its press releases or news articles that would have been at the request of farmers.
Farmers have not been applicants for such regulation. And home gardeners even less.
The old varieties should be registered until 1960
Also be aware that this Catalogue, created in 1932, was initially optional. It was not obligatory to register a variety in order to commercialize it. It is since 1949 that all new varieties are required to be registered. From 1960 any variety - new or not (see old) - must be added to the catalog. But from the moment of the listing requirements make it almost impossible to catalog entry or remaining in the Catalogue of old varieties.
The purpose of seed regulations: governing the marketing of seed sold to farmers, not those sold to fans
Added to this is that all this regulation was put in place to govern the marketing of seed to farmers professionals. There was never a question of regulating the varieties sold to amateurs. But as to the years, especially when the market varieties of seeds sold to fans has become a lucrative market (amateur gardening is a sector that has experienced strong growth since the 1990s), it was felt, France, the regulation also applied seed to seed now sold to amateurs. Because the regulations did not specifically limited its scope to only seeds sold to farmers professionals, it has been applied to the seed sold to amateurs, although perfectly inadequate.
The wrong solution: the register amateur
The inability to include many old varieties has led to the opening of a registry for old varieties sold only to home gardeners in 1997. This was to control the market, while simplifying the rules. But impose a system of prior authorization for placing on the market for this type of sale is disproportionate and unjustified. Seed regulation was justified by problems of quality of seeds sold to farmers. But what concerns small quantities of seed sold to amateurs, such a scheme is not justified and raises the question of its legality under free trade.
Moreover, the cost of registration is important for sales of small quantities. Although GNIS say that registration is free of old varieties, it is not official. The registration fee schedule 2007, reflects: each entry is officially $ 249, 63 € (Source: All prices are quoted in a document online GEVES , testing organization for inclusion in the Catalogue). (The link to the 2007 rates no longer working, we add that to the 2008 rates: click here , listings of old varieties are now over 250 €).
The debate about the conservation of biodiversity is, in turn, a pool of arguments that drowns the debate. Both sides claimed to be the protector of biodiversity. Everyone contributes in its own way. The GNIS
, a representative "mandatory"
Regarding indications about the GNIS in the late release, he said represent "all the professionals of the seed sector. It is important to understand that current regulations require all professionals to register with the GNIS and, where applicable, comply with specific conditions for obtaining a business card. Without it, these actors can not legally practice their profession. That's because it's mandatory that GNIS represents "the entire industry." If the players had a choice, it would probably not the case.
figures, while a debate
Finally, on the impressive figure of 32,000 varieties: it actually represents the number of varieties listed in the Common Catalogue managed at EU level by the European Commission. It is by no means the number of varieties registered in the French Catalogue (6500 by GNIS), much less the number of varieties actually available to buy in France. Indeed, it is not because a variety is the official catalog it is actually sold. The figure for the number of varieties actually marketed must be much lower, but there are no official figures are given, perhaps because it would be much less flattering.
Much remains to say about this surprisingly complex and poorly understood. This is the purpose of my thesis, I am just finishing "The seed and the right".
(1) In this sense, Emile Schribaux (1923), Pierre Jonard (1951), GNIS pamphlets before 2000, for example GNIS, Seeds "certified" Cereal: The Treasure Within, GNIS No. 701, April 1970.
The Association Kokopelli was sentenced before the Regional Court in Nancy in December 2007 in the lawsuit filed by the company and Baumal before the Criminal Chamber of the Supreme Court in January 2008 in the case against the GNIS (of inter- seeds) and FNPSP (National Federation of Producers of vegetable seeds).
The reaction of the Secretary of State for Ecology
According AFP, Wednesday, January 6, 2008, Nathalie Kosciusko-Morizet, Secretary of State for Ecology, said that an amendment will be proposed as part of Grenelle law to authorize the marketing of old varieties. The reaction
GNIS
The GNIS has reacted very quickly with a press release on its site to a tune.
It is for us here to provide the necessary details.
Catalog created at the request of breeders
First, it is said in the statement that the Official Catalogue of Varieties "was created by the state in 1932 at the request of farmers." You should know that his creation was requested by the seed primarily because of the unfair competition which was detrimental to market new varieties selected. All historical references indicate (1). It is only very recently that the GNIS said in its press releases or news articles that would have been at the request of farmers.
Farmers have not been applicants for such regulation. And home gardeners even less.
The old varieties should be registered until 1960
Also be aware that this Catalogue, created in 1932, was initially optional. It was not obligatory to register a variety in order to commercialize it. It is since 1949 that all new varieties are required to be registered. From 1960 any variety - new or not (see old) - must be added to the catalog. But from the moment of the listing requirements make it almost impossible to catalog entry or remaining in the Catalogue of old varieties.
The purpose of seed regulations: governing the marketing of seed sold to farmers, not those sold to fans
Added to this is that all this regulation was put in place to govern the marketing of seed to farmers professionals. There was never a question of regulating the varieties sold to amateurs. But as to the years, especially when the market varieties of seeds sold to fans has become a lucrative market (amateur gardening is a sector that has experienced strong growth since the 1990s), it was felt, France, the regulation also applied seed to seed now sold to amateurs. Because the regulations did not specifically limited its scope to only seeds sold to farmers professionals, it has been applied to the seed sold to amateurs, although perfectly inadequate.
The wrong solution: the register amateur
The inability to include many old varieties has led to the opening of a registry for old varieties sold only to home gardeners in 1997. This was to control the market, while simplifying the rules. But impose a system of prior authorization for placing on the market for this type of sale is disproportionate and unjustified. Seed regulation was justified by problems of quality of seeds sold to farmers. But what concerns small quantities of seed sold to amateurs, such a scheme is not justified and raises the question of its legality under free trade.
Moreover, the cost of registration is important for sales of small quantities. Although GNIS say that registration is free of old varieties, it is not official. The registration fee schedule 2007, reflects: each entry is officially $ 249, 63 € (Source: All prices are quoted in a document online GEVES , testing organization for inclusion in the Catalogue). (The link to the 2007 rates no longer working, we add that to the 2008 rates: click here , listings of old varieties are now over 250 €).
The debate about the conservation of biodiversity is, in turn, a pool of arguments that drowns the debate. Both sides claimed to be the protector of biodiversity. Everyone contributes in its own way. The GNIS
, a representative "mandatory"
Regarding indications about the GNIS in the late release, he said represent "all the professionals of the seed sector. It is important to understand that current regulations require all professionals to register with the GNIS and, where applicable, comply with specific conditions for obtaining a business card. Without it, these actors can not legally practice their profession. That's because it's mandatory that GNIS represents "the entire industry." If the players had a choice, it would probably not the case.
figures, while a debate
Finally, on the impressive figure of 32,000 varieties: it actually represents the number of varieties listed in the Common Catalogue managed at EU level by the European Commission. It is by no means the number of varieties registered in the French Catalogue (6500 by GNIS), much less the number of varieties actually available to buy in France. Indeed, it is not because a variety is the official catalog it is actually sold. The figure for the number of varieties actually marketed must be much lower, but there are no official figures are given, perhaps because it would be much less flattering.
Much remains to say about this surprisingly complex and poorly understood. This is the purpose of my thesis, I am just finishing "The seed and the right".
(1) In this sense, Emile Schribaux (1923), Pierre Jonard (1951), GNIS pamphlets before 2000, for example GNIS, Seeds "certified" Cereal: The Treasure Within, GNIS No. 701, April 1970.
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