A vote took place at the European Union Environment Council meeting on 24 June to decide on proposals to overturn safeguard actions taken by a number of Member States on certain approved GMOs.

The result of the vote was that the eight proposals were rejected by a qualified majority of EU Environment Ministers. The UK voted in favour of the Commission’s proposals. Following the vote EU Environment Ministers have asked the European Commission to gather further evidence on the GMOs in question and further assess whether the measures taken by Member States aimed at suspending as a temporary precautionary measure their placing on the market are justified. A note of the meeting of the Environment Council, 24 June 2005 can be found on the Environment Council website

Many people, inspired by a campaign run by Friends of the Earth, wrote to Defra Ministers and officials encouraging the UK to vote against the proposals put forward by the European Commission. Defra provided the following statement to Friends of the Earth in response:

Many people have written to Elliot Morley, Minister of State for Environment, regarding the vote, at the Environment Council meeting on 24 June, on the Commission’s proposal to overturn the safeguard actions taken by a number of Member States on certain approved GMOs.

As these e-mails were initiated by a campaign on your website we are responding to you directly and we would be happy for you to circulate this response to your members who have responded to your campaign. We will also be putting a statement on our website - www.defra.gov.uk

The Government strongly supports the agreed EU procedure (set out in EC Directive 2001/18), for making decisions on specific GM products. This legislation is fully compatible with the Cartagena Protocol on Biosafety. Each GM application must be assessed by Member States on a case-by-case basis and decisions should be taken on the scientific assessment of the potential risks against the criteria in the Directive.

New evidence may come to light which might warrant a reassessment of the decision making process by which a GMO was approved, including the environmental risk assessment. On presenting such new information to the European Commission a Member State can legitimately prohibit or restrict the use, in their countries, of the GMO while the new information is being considered. Austria, Luxembourg, Germany, France and Greece have taken actions which they consider to be justified under the EC legislation.

Further information about the GMOs subject to actions by Member States can now be found on our website including a brief description of the GMOs in question and the extent to which they are used in the EU. [see table, below]

The UK’s position on GMOs is to assess each GM crop on a case-by-case basis taking account of the scientific evidence. With regard to the vote at the Env Council on 24 June the key issue was whether evidence had been presented in support of the actions taken by the Member States and whether any such evidence met the requirements of the directive. The UK Advisory Committee on Releases to the Environment agreed with the European Food Safety Authority that no such evidence had been provided. The UK therefore had no other option but to support the Commission decisions calling for the safeguard actions invoked under Article 23 of Directive 2001/18 to be repealed.

The Deliberate Release Directive allows the EU to choose whether GMOs are placed on the market based on scientific evidence. If the safety assessment raised significant concerns then a GMO would not be approved in the EU.

USA, Argentina and Canada filed a complaint with the World Trade Organisation against the procedures regulating the import and marketing of GMOs in the European Union. The focus of the complaints is that the EU has allegedly not been operating its own approvals system for GM products since 1998. The UK Government has expressed its disappointment that this action has been taken which we regard as unjustified, and we are working with our EU partners to defend the case and find a solution. As with any WTO dispute we will be bound by the ruling, which will be reached after due consideration of the evidence. The UK agrees with the European Commission that existing EU legislation on GMOs is compatible with trade rules.

Status and current usage of GMOs subject to safeguard action under Directive 2001/18 in some EU member states – July 2005

Notes:

* all these GM traits also approved for use as processed products in food
**  information provided by the company concerned
ha = hectares