Evaluation of Article 79 (Plant Passport) of the Plant Health Regulation 2016/2031 / EU
Dear Madam, dear Sir,
The umbrella organization for cultivated plants and livestock diversity is an association of organizations in German-speaking countries with the aim of improving the framework conditions for their cultured plant biodiversity conservation work.
We welcome the evaluation of Plant Health Regulation on Article 79 (plant passport). Most of us have not yet used the plant passport. Many of the seed savers fear that they will have to register as “Operators” as defined by the Plant Health Regulation and fulfill many obligations required by this legislation, such as issuing plant passports if plantlets or seeds are sold within the EU.
This applies above all to regulations regarding distance sale (via Internet) as well as traceability and eradication, which we are very concerned about. We would therefore like to comment on the evaluation of the Plant Health Regulation 2016/2031 / EU on Article 79 (plant passport).
The various evaluation questionnaires on this subject address a number of important points. We particularly welcome the efforts made with regard to impacts of the distance sale regulations. With the given formulations, however, the necessary information cannot always be properly conveyed. Example: Querying the effectiveness of sanctions in the event of violations of distance sale provisions can, in our opinion, only lead to incorrect results, as little is known about the form and scope of these sanctions.
Nor can it be expected that most of those affected will be able to fill out the extensive questionnaires (with more than 40 questions) that may concern them, in a foreign language. In the vast majority of EU member states there are few or no diversity conservation organizations that are equipped with staff and infrastructure and that could provide the necessary services demanded by the plant health legislation. Rather, the in situ/on farm conservation and related educational work is carried out by numerous individuals. It is a social movement whose actors are not institutionalized and for which registration as “Operator” would not be appropriate.
Hobby gardeners harvest seeds and sell seeds to others: this is a necessary prerequisite for the living dynamic conservation of diversity in situ/on farm. Registering them is not possible, not desired and also not required. Only from a certain size and possibly with a commercial perspective they register a company for certain administrative purposes, e.g. tax payment or staff employment. They are then also more likely to fulfill the large list of obligations defined in many articles of the Plant Health Regulation, which come along with registration as Plant Health “Operator”.
The vitality and health of the plants is strengthened through ecosystem interactions and the evolutionary seed reproduction. Cultivating diversity in organic farming systems also reduces the spread of pests. The new “Organic Regulation” (EU) 2018/848, which is planned to come into force on 01.01.2022, as well as other important internationally agreed documents correctly take up this knowledge and its context (see attachment). A development of plant varieties based on these approaches must also be taken into account in any EU phytosanitary legislation.
What we ask for, within the plant passport article:
Therefore, it is required, presently and for the future:
• No operator registration requirement for seed savers who work without employees.
• In result: No plant passport requirement and no obligation to track and eradicate harmful organisms.
This is the only way for these actors to develop and maintain cultured plant diversity without being burdened with additional administrative tasks from the Plant Health Regulation and without having to fear the destruction of cultured plant diversity in the event of tracing and elimination of pests which the plants may carry in spite of being healthy.
Here the study:
Here the full letter from the umbrella organization:
https://liberatediversity.org/wp-content/uploads/2020/08/Dachverband-Plant-Health-Art79.pdf
