Does the EU seed law undermine farmers’ rights?

The European Union has adopted new rules on plant reproductive material that, for the first time, explicitly recognise farmer-to-farmer seed exchange. Yet the final Regulation still falls short of implementing the farmers' rights recognised under the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP).

The reform of the EU legislation on plant reproductive material (PRM) raises important questions about whether the European Union's international human rights commitments are fully reflected in its agricultural legislation. The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP) recognises farmers' rights to save, use, exchange and develop seeds as an essential component of the right to food, biodiversity and resilient agricultural systems.

The right to exchange seeds remains restricted

Although the newly introduced obligations for professional operators (traceability, record-keeping, monitoring) will not apply to farmer seed exchange, “the new Regulation should provide farmers with greater legal certainty and freedom”says Stefan Doeblin, president of the non-profit association Lebende Samen – Living Seeds e.V. While the regulation introduces, for the first time, an explicit legal framework for farmer-to-farmer exchange of plant reproductive material across the EU, it shows significant limitations:

  • exclusion of certain crops, such as potatoes, vine, hemp, poppy and citrus
  • prohibition of monetary compensation
  • limitation of seed exchanges to small quantities within a locally defined area

“Farmer-to-farmer seed exchange must stay free from unnecessary administrative burdens and disproportionate geographical restrictions” says Doeblin. Limiting exchanges to local areas fails to recognise that similar growing conditions often extend across regions and national borders, particularly in marginal areas and niche farming systems that rely on farmer-managed seed systems. While plant health concerns are frequently raised, existing plant health legislation already applies. There is therefore no need to introduce broad restrictions on seed movements beyond these existing safeguards. Doeblin concludes: “Rather than legally restricting farmers’ rights, the EU should lead by example in implementing human rights commitments, including the right to food.”

Seed sovereignty is a global issue

The debate is not limited to Europe. According to Colin Todhunter ("Seeds of Surveillance: The Track and Trace Playbook", OffGuardian, 24 June 2026), similar debates are taking place around India's Seed Act 2026. While the Indian government maintains that the Act regulates only the commercial seed trade and explicitly protects farmers’ rights to save, sow, exchange and share seed within their communities, farmers’ organisations fear that these reforms could gradually undermine seed and food sovereignty. Similar developments have also been reported in parts of Latin America.

We have already reported that a Kenyan court relied on UNDROP principles to restrict proposed changes to national seed legislation. The EU continues to focus primarily on high-tech breeding and intellectual property as drivers of innovation, while giving insufficient attention to social and environmental impacts. Yet innovation also emerges from farmers, communities and nature itself. Stefan Doeblin’s prospect is: . “Farmers are innovative if they have the freedom to invent and build local seed communities. Especially in the organic seed sector, Europe holds a leading position.” “Much of the future conservation and development of plant genetic resources is likely to be driven by initiatives in Africa, Asia and Latin America, where movements defending farmers’ rights under UNDROP continue to grow.”

Publishing date: 14 July 2026
Photos: Matej Marjanović