April 8, 2004
by Dr. Willy De Greef
Director, International Biotechnology Regulatory Services (IBRS)
AgBioView via
Agnet April
9/04
The recent BioVision meeting in
Alexandria (http://www.bibalex.org)
once again showcase the astonishing range of GM crops in the
pipeline. Much emphasis was put on work done by public goods
research institutions on crops and traits of interest to
resource poor farmers and countries. A fascinating glimpse of
the potential future was on offer, with proof of concept
demonstrated for a range of disease resistant crops and, even
more importantly, for improved abiotic stress tolerance.
Technically, we seem to be for abiotic stress where we were in
1986-1987 for Bt and for herbicide tolerance. We know it works
in some species. We see early stage results in the contained
environment and even in some early field trials, and Proof of
Concept, that vast watershed which divided blue sky research
from applied technology and product oriented projects is very
close. Technically, we should be able to make a difference in
the hands of the farmer with regard to drought tolerance between
2010 and 2015. I said, technically, because in practice, larger
hurdles than the still daunting task of translating all that
promise into stress tolerant tropical varieties of key staple
crops loom, and they have to be addressed soon, if we are not to
let those target dates slip. The hurdles come in two forms.
First is the need to agree rapidly on formats and experimental
approaches for a rational environmental risk assessment of these
crop-trait combinations. For insect resistance and herbicide
tolerance, these issues were intensively debated and rapidly
agreed upon in a dialogue between the technology developers and
key regulators in the late eighties, and the remarkable safety
record of GM crops in the field is a tribute to the quality of
the work done in that period.
Today, the regulatory environment is far more complex and
hostile. It is not certain that technology developers would be
able to find the regulators as open and willing to help us
analyse the issues an create a high quality and science based
approach to risk assessment for the new classes of traits. A
quite different issue is that the technology leaders for the
current batch of traits are mostly public research institutions,
most of which do not have much previous experience with the
regulatory and biosafety environment in which their material
will soon be evaluated.
The second, and more intractable, issue is the cost of
regulatory release and compliance, which is already the most
important roadblock for public goods research projects in this
field. Almost all regulatory compliance work for ag-biotech at
the scale of commercial release and international trade is done
in the regulatory affairs departments of the big technology
companies. They have seen the costs of regulatory compliance
soar over the past decade. The cost of obtaining regulatory
clearance for, say, a new Bt maize event, grown in the U.S.,
Canada and Argentina, and registered in the main export markets
of these countries for food and feed use, has been estimated by
different companies as between 7 and 15 million $ and rising. On
top of the very considerable financial burden this poses for the
developers (a rule of thumb is that regulatory clearance of GM
crops absorbs about half of the total product development
investment), comes the certain knowledge that this is not the
full picture.
As more countries set national regulations for GM crops and
their products, technology developers have to keep registering
their products in ever more markets. The Cartagena Protocol
should, in principle, lead to a significant reduction of that
burden, because it allows importing countries to accept new GM
events without additional requirements. Unfortunately, it is
rather the refusal of biosafety assessment data of exporters in
favour of massive duplication of data gathering that seems to be
the rule today. As a result, regulatory clearance has become a
major component of life cycle management of GM crops.
The core biosafty assessment of a GM crop is only a fraction of
the total regulatory cost. It has been estimated at between
800000$ and 2 million $ by various teams. The rest is mainly
attributable to two factors: duplication and administrative
burden.
In many countries, the duplication of biosafety assessments for
regulatory submissions has become a sizable industry, which in
many cases provides more jobs than actual product development.
In many developing countries, in the absence of a biotechnology
strategy, and in the absence of sufficient belief in the future
of their own biotechnology programmes, authorities redirect
donor funding for biotechnology towards me-to biosafety
assessments, most of which are only intended to confirm in other
hands what was already demonstrated in the core regulatory
package.
A widely traded GM crop such as maize will have to be cleared in
well over twenty markets now, from Argentina through China and
the EU to Russia. Each of these jurisdictions requires
applicants to follow their national regulatory pathways. Even
though the actual technical questions, the elements of the risk
assessment, are usually very similar, authorities have almost
systematically attempted to differentiate their approaches by
different regulatory file format requirements, distribution of
authorising responsibility and approval procedures. A task such
as translating regulatory files, which can run up to a thousand
pages or more, into dozens of languages, is by itself a major
challenge and a significant cost.
If we are to see some of the public goods research breakthroughs
making it to resource poor farmers, these non-technical hurdles
have to be addressed urgently. It is not likely that donor
agencies which are currently paying for the research, will be
willing to foot the bill for this massive undertaking. That
leaves two options: cut the losses and forget about things like
Golden Rice (not really an option…), or working to reform a
system of regulatory review that has spiralled out of control.
This reform is as much a priority for the biotechnology
community as the continued scientific work. There are several
avenues for rapid improvement.
The first is to tackle the duplication of data gathering
requirements, document it as a source of waste of biosafety
assessment money and therefore probably a negative biosafety
impact. The default approach of any authority should be Mutual
Acceptance of Data. Duplication of experiments (especially the
baseless requirement in some countries to duplicate generation
of compositional data for imported crops, based on trials in the
receiving country) should be the exception, and based on a
scientific rationale.
The second immediate need is to promote the use of a uniform set
of application formats, and to accept a limited need for
translation of technical files. This would increase biosafety.
Translation of highly technical filings in widely different
languages is a challenging task, and companies achieve it
reliably only at massive cost. Public sector institutions are
unlikely to have the resources for the necessary quality
control, and may therefore be working with files that have
different meanings for the applicant and the regulator, a recipe
for disaster. A uniform format already exists. It is found in
the different guidelines developed by OECD between 1986 and
1995, which are the technical basis for the annexes of almost
every regulatory system in the world today.
A third burden which has to be challenged urgently is the “time
limited permit”. This system, in which countries approve GM
crops only for a limited period of time (e.g. in the EU for ten
years), leads to a nightmare of complexity. Applications for
product approval extensions have to start several years before
the actual end of the approval period. During that time, which
in the EU is typically 3-4 years, developers shoulder massive
risks in their product development pipeline, since permit
renewal cannot be taken for granted and large breeding and seed
production programmes may well have to be abandoned at the last
moment. The institutionalised inability of many regulatory
authorities to respect their own official timelines for
reviewing files adds to the uncertainty.
It is hard enough for herbicide tolerant and insect resistant
crops to survive in this hostile regulatory environment.
Applications such as Golden Rice, CMV resistant cassava or
drought tolerant wheat can not possibly reach their potential
under these constraints. We urgently need a strategic review of
the regulatory maze in the light of the coming generation of
public goods GM crops, in a setting where the actual science of
the regulatory system can again be a major part of the
discussion.
There are not many policy platforms left where this is possible.
That observation by itself is a sad reflection for how far we
have lost contact with scientific and farming reality in the
biotechnology debate. Much of the science based framework for
risk assessment which proved itself so well in the field over
the past decade was agreed upon in a Group of National Experts
of OECD, working between 1983 and the mid-90s. Given the current
political environment around biotech, the chances are slim that
a similar group of experts could be brought together to do a
reasonably politics-free job today. It is impossible to imagine
this happening in the Cartagena Protocol, where science is
systematically discredited as a source of decision making on
safety.
The scientific community urgently has to ask policy makers about
where they think they are heading with the current approach for
biotechnology regulation. It is vastly inefficient in terms of
biosafety assessment. It is also actively undermining the
sustainability policies of the international community, and a
major cause for the delays in reaching the global objectives for
poverty eradication and for improvement of the sustainability of
agriculture. Not being able to achieve food security and a
reduction of the environmental footprint by lack of
technological or other resources is one thing. Not being able to
do so because we cannot get the policies set up to translate our
proven capacities into decisive change is entirely unacceptable. |