Most countries have regulations concerning the collection of plants from the wild, including seed. These regulations are likely to prohibit collection from certain protected places, such as national parks, ban the collection of rare or endangered species, and require permits to collect where special protection measures are not in place. In addition there is likely to be an additional permit to export any collected plant material. Travellers are advised of regulations in force at airports and other points of entry to a country. Breach of the regulations will result, as a minimum, in the confiscation of plant material if discovered and any such material brought back to the UK is illegal.
Permits
Countries that agree to let you collect plant material will generally want to know what you plan to collect, how much you want, and what you are going to use it for. There is an international agreement, the Convention on Biological Diversity (CBD) that came into effect on 31 December 1993. One element of this agreement is Access and Benefit Sharing (ABS) which establishes the principle that a country has a right to the biodiversity that it holds, and therefore should receive a share of any benefits arising from the use of that biodiversity. Most countries have signed up to the CBD and have laws in place to implement it.
Anyone wishing to collect plant material will need to contact the National Focal Point of the country to establish Mutually Agreed Terms (MAT) to access the plant material. This will involve letting the country know what you intend to do with the plant material when you have it back in the UK, and agreeing with the country any conditions on its use. If collecting for personal use or research, most countries will require you not to commercialise the material. You will need to keep a copy of the MAT with you when you are in the country.
Also in advance, you need to arrange an export permit for the material you are collecting. This may be issued by the office which issues the MAT document, but more likely it will be issued by a separate authority. Without an export permit you will not be able legally to take the plant material out of the country.
When abroad, you will also need to seek permission from the owner of the land where you are collecting the plant material. This is known as Prior Informed Consent (PIC) and can be in the form of a standard letter issued by you, which the landowner signs, and which lays out what you plan to collect and what you will do with the material. If collecting in a nature reserve or national park, or any other state-designated special area, you will need a separate permit which is usually issued by the management authority.
CITES
Irrespective of any national legislation or the CBD, the Convention on Trade in Endangered Species (CITES) gives protection to species listed in the various Annexes to the Convention. At the highest level (Annex A), export or import of these species is illegal unless for specific purposes and accompanied by the relevant certificates. When planning any collection of wild plants, you need to be aware of whether any of them are listed on the Annexes to CITES.
Nagoya Protocol
This is a supplementary agreement of the CBD which provides a framework for Access and Benefit Sharing. In the UK this is implemented by the European Union Regulation which became law from 12 October 2014, and requires anyone utilising genetic resources (and this does not have to be the collector) from another country, which is a signatory of the Nagoya Protocol, collected after 12 October 2014, to carry out due diligence to ensure that the material was collected in accordance with the Protocol and the CBD.
While the most likely examples of utilisation are the development of new products or medicines from plants, breeding programmes to raise new plants for horticulture would also be covered. Although the burden to prove legitimate use of the genetic resource lies with the person or organisation utilising the genetic resource, anyone providing the source of the genetic resource (such as wild collected plants) will need to be able to provide the relevant paperwork, such as a Mutually Agreed Terms and Prior Informed Consent.
European Habitats Directive
The full implementation of this Directive into UK law in 2007 extended protection to all of the European Protected Species (EPS) listed in the Appendixes of that Directive (these are Appendixes II(b) and IV(b) for plants) whether they are native to the UK or not. This requires a licence for material of any of these species collected in the wild after 1994. These are issued by Natural England (for England), the Natural Resources Wales (for Wales) and Scottish Natural Heritage (for Scotland). The UK authorities issue licences for UK plants. For other EU states a collector would need to contact the relevant national authorities.