Seed Production, Nurseries and Plant Genetics. Phytogenetic regulation answered.

Law 30/2006, of 26 July, on seeds, nursery plants and phytogenetic resources, and its implementing Royal Decree 1356/2006 establish the framework for seed producer registration. Every producer, conditioner, trader or importer of seeds must be registered in the Registry of Seed and Nursery Plant Sector Companies at the Ministry of Agriculture (or the competent regional government for seeds of crops not sold inter-regionally). Registration includes a declaration of the species and varieties handled, conditioning and storage facilities, and production capacity. For certified seed categories (basic, certified), the producer must submit production fields to official inspections by DARP or MAPA to verify varietal purity and phytosanitary status. Failure to register makes it legally impossible to market seeds on the official market.

Law 3/2000, of 7 January, on the legal regime for the protection of plant variety rights, transposes the UPOV Convention 1991 and establishes breeders' rights over new plant varieties. Plant variety protection covers varieties that are new, distinct, uniform and stable (DUS requirements) and grants the breeder the exclusive right to produce, reproduce, commercialise and import/export propagating material of the variety for 25 years (30 years for trees and vines). Articles 3 to 12 of the Law detail variety requirements, the application procedure before the Spanish Plant Variety Office (OEVV) and exceptions to breeders' rights (farm-saved seed exemption for own use: Art. 14.3). At EU level, Community plant variety rights are governed by Regulation EC 2100/94 and granted by the Community Plant Variety Office (CPVO).

Royal Decree 1891/2008 on the marketing of cereal seeds (and subsequent regulations for each species or group) establishes official labelling requirements for certified seeds. For seeds of species covered by EU harmonisation directives (cereals, fodder plants, beet, vegetables, oil plants, etc.), official labels must include: (1) category (basic, certified, commercial), (2) species and variety name, (3) country of certification and official body, (4) lot reference number, (5) lot closing year, (6) weight or number of seeds, (7) guaranteed minimum purity and germination. Labels must be printed by an official body or by the company under official supervision. For seeds not included in official certification categories (standard material), labelling requirements are less strict but must include the variety identity.

Decree 268/2004, of 27 April, regulating production and/or marketing activities of ornamental and garden plants, establishes the DARP inspection regime for ornamental nurseries in Catalonia. For agricultural nurseries (fruit trees, vines, olive trees, etc.), inspections are governed by phytosanitary passport rules (EU Regulation 2016/2031). DARP inspections verify: (1) absence of quarantine pests and regulated harmful organisms, (2) compliance with traceability and lot registration requirements, (3) labelling and documentation of marketed lots, (4) cultivation conditions and phytosanitary hygiene in the facilities. Nurseries exporting to other Spanish regions or the EU must hold a phytosanitary passport issued by the competent authority (DARP for Catalonia).

Royal Decree 178/2004 approving the General Regulation for the development and implementation of Law 9/2003 on genetically modified organisms, together with EU Regulation 1829/2003 on genetically modified food and feed, establish the GMO cultivation authorisation framework. In Spain, the only GMO authorised for cultivation is maize MON810 (resistant to the corn borer Ostrinia nubilalis). Farmers wishing to grow MON810 maize must: (1) use certified seed from an authorised company, (2) register the cultivation in the MAPA GMO Registry, (3) maintain minimum coexistence distances from conventional and organic crops (RD 178/2004), (4) notify neighbouring farmers. Several regions, including Catalonia, have attempted to declare GMO-free zones, but these measures have been struck down by courts for lack of regional competence on this matter.

EU Regulation 2016/2031 of the European Parliament and of the Council, of 26 October 2016, on protective measures against plant pests, establishes the phytosanitary passport framework for movement of plants and plant products (including seeds) within the EU and for export to third countries. To export seeds to third countries, the exporter must obtain an official phytosanitary certificate issued by the competent authority (DARP in Catalonia) certifying the absence of quarantine pests of the destination country. Specific certificate requirements depend on the destination country's phytosanitary requirements (each country may have its own quarantine pest lists). The operator must be registered in professional plant operator systems (PHYTOSV in Spain) and have a pest risk management plan and internal traceability system to obtain export authorisation.