Nibbles: African seeds, African needs, Egyptian seed preservation, Archaeocandy, Conservation, Seed swap site, Water buffalo genome, Anti-striga films, Entomophagy, Black sigatoka, Pavlovsk, Cannabis genome

Brainfood: Water, Policy, Geneflow

Nibbles: Commons, Tom Wagner, CGIAR, Domestication presentation, Sophisticated urbanites, Vavilov’s potatoes in the news, Perennial crops, African drought, Aegean lathyrism, Heirlooms

Nibbles: Erna Bennett film, Phytophilosophy, Agroecology, Lawsuit, Sesame, Prize, Svalbard

EU seed law may be declared illegal some time soon

Thanks to Patrick for alerting us to the English translation of the Opinion of Advocate General Kott in the matter of Case C-59/11 Association Kokopelli v Graines Baumaux SAS. It would repay unpacking by a legal expert, but in the meantime the conclusion looks pretty much cut and dried. At least for now.

125. In the light of the foregoing, I propose that the Court should rule as follows:
1. The prohibition on the sale of seed of varieties that are not demonstrably distinct, stable and sufficiently uniform and, where appropriate, of satisfactory value for cultivation and use, established in Article 3(1) of the Vegetable Seed Directive, is invalid as it infringes the principle of proportionality, the freedom to conduct a business within the meaning of Article 16 of the Charter of Fundamental Rights of the European Union, the free movement of goods established in Article 34 TFEU and the principle of equal treatment within the meaning of Article 20 of the Charter.

To summarise: “The prohibition … is invalid.” Although there’s probably more to it than that …