EU proposals that would further tighten regulations on the marketing of plant propagating materials are causing controversy throughout Europe.

Under the proposed legislation, food safety and traceability regulations would be expanded to cover all plant materials. Although the draft measures are supported by large industry groups including the NFU, organisations representing small farmers and gardeners have warned that niche breeders would lose out as a result of regulatory changes, potentially hampering peoples' access to a wider variety of seeds.   

The proposals were first published in November last year by DG Sanco, the consumer affairs branch of the European Commission; DG Sanco is intent on seeing the new regulations passed, though green groups have claimed the Consumer Affairs office has been under severe lobbying pressure from major seed companies. DG Sanco will present its proposal to the conference of commissioners on Monday 6 May.

However, despite DG Sanco's zeal, the proposal is being opposed by the two EU directorates that deal directly with agriculture and the environment (DG AGRI – agricultural affairs, and DG ENVI – environmental affairs). These bodies claim the designs will affect the rights of the grower and could reduce plant biodiversity in the bloc.

The UN Food and Agriculture Organisation maintains that such diversity is essential for reliance in the face of climate change and disease, as well as for supporting efforts to achieve global food security. FAO Deputy Director-General Dan Gustafson said last month, "FAO believes that adaptation of the agriculture sector is not merely an option, but an imperative for human survival, and genetic resources will form an essential part of any adaptation strategy."

In the UK, organic farm group the Soil Association has warned that the regulations "will have a disastrous effect on the availability of rare varieties and farmers' varieties, and stop the exchange and selling of traditional seeds," and Garden Organic said it believes the new Plant Reproductive Material (PRM) Regulation "will replace numerous directives in favour of the large seed houses preventing gardeners and farmers from exchanging seeds and growing heritage varieties."

In a statement made earlier this week, the Soil Association said the proposed measures "will not only affect farmers and growers in the short term by outlawing exchange of seed not currently commercially available, but in the long term will erode the diversity of species that even the large seed companies, who are driving the proposal, need to provide their future varieties."

Garden Organic, which operates the Heritage Seed Library, argued last week that if the proposals are passed all seed would have to be registered and have an annual license. The organisation said that for seed sharing networks such as its own, which contains up to 800 varieties, the regulatory changes could cost the charity £800,000 each year and prevent growers from sharing seeds unless they are licensed.

In contrast, the NFU said on Friday that "Claims the trading of seed on a small scale by amateur gardeners and allotment holders may become outlawed by proposed new EU legislation are misleading and distract from the real issues facing modern farming."

NFU combinable crops board chair Andrew Watts said the first major review of all European seed legislation in forty years is designed to protect consumers by ensuring that seed traded on a commercial scale is "distinct, uniform and stable."

He said, "The ever increasing emphasis and public demand for traceability and product authenticity should not be ignored. Seed reproduction is at the heart of food security and as a result we must approach this review of legislation with consumer protection in mind, rather than allow it to be marginalised."

Nevertheless, organic and sustainable farm groups have asked for heritage seed libraries to be exempt from the regulation. They are urging members and supporters to contact the Commission and advise Commissioners to vote against DG Sanco's proposals.

Ben Raskin, Head of Horticulture for the Soil Association commented "The proposed regulation goes even further than the current European seed law which favours the production of uniform varieties (protected by plant breeder’s rights) and discriminates against less homogenous open pollinated varieties and populations. This has already resulted in a non-reversible loss of agro-biodiversity. The proposed regulation will require every seed to be registered and an annual license to be paid for each variety."

He added, "If this regulation is passed, not only will we lose a huge number of plant varieties, we will lose the amazing diversity of appearance, taste, and potential benefits such as disease resistance and nutritional content. Despite assurances that this law will only apply to farmers the latest draft legislation suggests that every gardener will be subject to the regulation – the effects will be disastrous for farmers and growers."