You may have read in the press about a proposed EU regulation which, if passed, will limit the trade in ornamental plants to only those for which a formal, detailed description has been filed, (this is currently only required for plants subject to a Plant Breeder’s Rights licence).
If passed, this law would mean I would have to stop selling around 80% of my plants, until someone, somewhere writes, submits and pays for the approval and filing of the description. My nursery and most nurseries in the UK would face the choice of drastically reducing their stock, closing down for lack of viability or continuing to trade ‘under the radar’.
I have written to my MEP, Chris Davies and will send it to other MEPs on the committee. The deadline for final amendments is on the 4th December and I urge you to contact your MEP by this weekend to register your own objection. My letter is pasted below. Feel free to cut and paste any paragraphs which you think might help express your own objections. For more information the following links may be helpful:
Article by Plant Heritage – with their suggested letter and a list of all the relevant MEPs to send it to.
Horticulture Week – Growers urged to lobby MEPs.
Article in The Guardian ‘This European Law could change British gardens forever’
Article in The Telegraph ‘Save Our Nurseries’
Article in Daily Mail – EU bid to ban plants
Below is my letter, emailed to Chris Davies, MEP, today…
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26th November 2013
The Office of Chris Davies, MEP
87a Castle Street
Stockport
SK39AR
Dear Chris Davies,
/* COM/2013/0262 final – 2013/0137 (COD) */
I am writing to express my strong concern and objections both in principle and on personal grounds to the proposed regulation of the marketing of plants.
At a personal level, I run a plant nursery based in Cheshire and I can confirm that if the regulations are passed as planned, my rural nursery, livelihood and the livelihood of my five part time staff would become, in effect, illegal, since 80% of the plants I grow (organically and peat-free) would not meet and would be unlikely ever to meet the requirements of the regulation. I could not continue to trade based on the remaining 20% of formally listed stock. There are hundreds such businesses around the UK that would be similarly affected.
I would also have to close Bluebell Cottage Gardens, a lovely rural RHS Partner garden which attracts around 7,000 visitors a year, as it is cross-subsidised by the nursery.
My main objections on the wider questions of principle are as follows:
· What is the public benefit served by these regulations.? Where is there a wrong that needs to be put right? I believe there is none at all. There is no public health issue, or safety concern, nor a public commercial problem.
· Not one person has ever complained or sought redress for any of the 100,000 plants I have sold in the past seven years because they were not formally registered in the way described. Quite the reverse. We offer choices not available in mainstream garden centres, which is exactly why people visit us. All the plants we offer are listed in the RHS Plant Finder.
· The effect of these regulations would simply be to remove long-established and prospective new plants from circulation, where they are not likely to sell in the hundreds of thousands required to justify the cost of registration, but are currently traded freely on common knowledge or the customer seeing the parent plant from which it was propagated. Ask yourself, who wants this law passed? Might it be those organisations which do register their plants (and they are free to do so and enjoy the commercial protection thus provided) in order to restrict competition?
· Trades Description laws can readily deal with any complaint that a customer might make regarding a plant which does not meet a customer’s expectation, like any other product. No law is required specifically to address ornamental plant naming. What would be next? Must jewellers register their new designs with a two page description before they may sell them? Must hairdressers register styles they invent? These proposals have no precedent and may open a new wave of unnecessary, restrictive regulation.
· Prestigious internationally recognised events such as RHS Chelsea, Hampton Court and Tatton Show rely heavily on nurseries showing unusual, rare, new or recovered varieties to sustain the level of consumer and media interest. I am an exhibitor at RHS Shows and my fellow exhibitors and I firmly believe that removing unlisted plants may well render these shows unviable.
· Exempting small nurseries from the regulations is no solution. Smaller nurseries like mine rely on larger wholesale nurseries to produce plants in greater quantities than we can, or where specialist propagation is needed. Supply would simply dry up and a valuable UK and European industry would be decimated.
· If passed, the regulations would be completely unworkable. Who is going to write the descriptions and then police any transgressions? The only people with the relevant knowledge at the detailed level required work in the nurseries that would be affected. As they are likely to be put out of business, or simply stop producing plants that they can’t sell, there will be no-one with the knowledge to assess ‘transgressors’.
I have heard these regulations described as ‘a sledgehammer to crack a nut’. That is an incorrect analogy. The actual position is that there is simply no nut in need of cracking. These regulations need to be completely scrapped and I urge you to ensure this is what happens.
I have been in business in the UK for almost 25 years. I have paid every scrap of tax, obeyed every law and am proud to be an entrepreneur in the UK. Having finally created a wonderful, healthy, environmentally friendly business that I really want to run well into my retirement I do not want to face the choice of closing it down or running it quasi-legally because of an ill-considered, pointless, unenforceable EU law.
Yours sincerely,
Sue Beesley
Bluebell Cottage Gardens and Nursery
Cheshire
9 Responses to “A real threat to the UK nursery industry.”
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Beautifully written Sue; eloquently said and based on sensible facts. I've written to the MEP's in my area as both a nursery customer and as a volunteer at a community-based charity nursery, which would have to close if these regulations go ahead. I hope lots of nursery-people and customers are writing to their MEPs and we can get this stopped in it's tracks.
Hi Sue
I am commenting on behalf of Sajjad Karim MEP who fully supports your concerns regarding recent proposals from the European Commission that threaten to limit the sale of ornamental plants and regulate the sale of seeds.
Sajjad has been contacted by a number of constituents from across the North West about this issue. Indeed, a friend drew our attentions to your post.
Sajjad agrees that such proposals, which come under the EU’s Plant Reproductive Material legislation, would have severe consequences for both plant nurseries and home gardeners.
These proposals are not his area of responsibility within the European Parliament, but Saj is in contact with Conservative colleague, Julie Girling MEP, who is working as a shadow rapporteur on this legislation in the European Parliament. We will pass your comments to her.
As the shadow for the Conservative Group on this dossier Julie will be actively involved in its passage through the European Parliament and will use this opportunity to amend the Commission proposal directly, which will include addressing the problems you outline.
To this end Julie will be working closely with Sergio Silvestris MEP, Rapporteur of the Committee for Agriculture and Rural Development, and with DEFRA in the run up to the amendment deadline on 4 December 2013.
Please do email me with any further comments and we will keep in touch
Sue Gillett, Constituency Manager to Sajjad Karim MEP
sue.gillett@sajjadkarim.eu
This comment has been removed by the author.
Hello Sue,
Thank you for your very encouraging comments – it's very helpful to know that Sajjad Karim is on our side and that we have Julie Girling's ear.
I will indeed stay in touch.
Best wishes, Sue
Sue, you should check these things before you get all worked up.
You might like to check: http://blogs.ec.europa.eu/ECintheUK/no-eu-ban-on-gardeners-favourites/
Tim Challenger
So (Anonymous), why does the HTA which represents most UK Garden Centres describe the proposals as 'extremely damaging to ornamentals' ? Why does Graham Spencer, a plant breeder/registrant who appears to be leading the UK's challenge say my blog 'hits the nail on the head? And who is going to define the difference between a production nursery (I produce around 30,000 plants a year), a retail garden centre (I am open to the public and sell most of my plants to visiting customers), and a micro-nursery (I am the only full time employee). Sorry, not convinced that this doesn't harbour major problems for UK horticulture unless we just choose to ignore it.
PS – in case you think my position is biased from a general anti-European stance, you are quite wrong. I am possibly the most pro-European person you will ever meet. But that does not blind me from seeing where EU legislators may be extended their reach too far or fail to grasp the consequences. Agriculture needs conformity and legally binding descriptions. Horticulture needs diversity and freedom to trade plants and plant material without formal registration (subject to plant health and international trade limitations). There is no essential difference between an ornamental plant, a haircut, a table, a piece of jewellery or a recipe and no reason why their trade should be any more restricted.
I looked at that link and see there is no author, no 'about us' on the site in general, etc. And why comment anonymously? Why not have a quote from a MEP, with their title and contact details, so they can be contacted for further clarification?
This isn't an anti-EU campaign (or at least, not from me, I'm personally quite pro EU). As the HTA points out, this regulation could require individual botanical descriptions for every named plant variety on sale (http://www.the-hta.org.uk/page.php?pageid=1271). We are campaigning for this NOT to be the case. Whatever the regulation is trying to achieve, it has significant problems and needs to be stopped and rethought, with active engagement & considered submission from UK horticultural industry etc before going any further.