USDA/FAS GAIN report E35204

European Union: Imports of GM rapeseed and rapeseed oil for biodiesel

REPORT HIGHLIGHTS

Imports of Genetically Modified (GM) organisms and products of GM organisms are strictly regulated in the European Union (EU).  However, the biotech regulations for food and feed do not apply for products used for direct technical use, such as biofuels.

REPORT

Imports to the European Union of genetically modified (GM) rapeseed to produce rapeseed oil for the production of biofuels are possible. However, the import and transformation of rapeseed and all the products that go into the food and feed chain are subject to the GM regulations.

The GM rapeseed varieties, that can be imported and processed and which products can go into feed use with the proper labeling are Topas 19/2, MS1/RF1, MS1/RF2 and GT73.  Only refined oil can go into food use. 

All other GM rapeseeds are currently considered to be unauthorized varieties with a zero tolerance.  According to the EU Oil and Protein industry (Fediol), EU rules and regulations stipulate that the presence of even a small amount of non-authorized GM rapeseed in a cargo will result in rejection of the entire shipment.

It is possible to import rapeseed oil produced from GM rapeseed varieties into the European Union.  The biotech regulations for food and feed do not apply for direct technical use, such as biofuels.  Though, the keyword here is “direct”.

This would mean that it is possible to import GM rapeseed oil for biofuels, as it does not fall under the food and feed regulations.  However any byproduct of the transformation process of rapeseed oil into biofuel, such as for example glycerin, that would go into the food and feed chain would have to be governed by the GM food and feed regulation.  This includes labeling rules, non-authorized varieties etc.

There is currently no specific customs classification for biodiesel imported to the EU. Therefore the classification and hence the import conditions may vary.  For biodiesel in the form of FAME (fatty acid methyl ester) classified in CN code 3824 90 99 in the case of the USA, currently a third country duty of 6.5 percent applies.  There are no quantitative restrictions. 

According to the European Commission it is possible and advisable to apply for a Binding Tariff Information (BTI), which is issued by customs authorities.  A BTI ensures uniform treatment of the respective product in all EU Member States.  More about BTI and how to apply for them can be found at: http://europa.eu.int/comm/taxation_customs/common/databases/ebti/index_en.htm

The related regulations for imports of GM into the EU are:

Regulation (EC) No 258/1997 Novel Food Regulation

Directive 2001/18/EC on the deliberate release of genetically modified organisms into the environment

Regulation (EC) no 1829/2003 Regulation on GM food and feed

Regulation (EC) No 1830/2003 Regulation concerning traceability and labeling of GMOs and food and feed products produced from GMOs

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