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European Parliament: GMOs and conventional crops: the battle over "coexistence"
European Parliament wants strict EU-wide rules for co-existence
Strasbourg, France
December 18, 2003

from European Parliament

GMOs and conventional crops: the battle over "coexistence"

Friedrich- Wilhelm GRAEFE zu BARINGDORF (Greens/EFA, D)
Report on coexistence between genetically modified crops and conventional and organic crops
2003/2098(INI))
Doc.: A5-0465/2003
Procedure : Own-initiative
Vote : 18.12.2003 (Rule 110a)

Vote

MEPs focussed on the difficulties of separating genetically modified organisms (GMOs) from conventional organisms in food and animal feed, when they adopted a highly contested own-initiative report by Friedrich-Wilhelm GRAEFE zu BARINGDORF (Greens/EFA, D). In general terms, MEPs are demanding stricter and more effective protection for organic and conventional farmers against accidental contamination of their crops and seeds. They highlight the need for EU common regulations on coexistence (instead of leaving the issue under subsidiarity rules, as the Commission suggested recently) and argue that GMO producers should have some kind of civil liability for any contamination of organic and conventional products.

The House calls "for rules to be established without delay at Community level on the coexistence of genetically modified crops and non-genetically modified crops". MEPs also ask for the European Parliament to be included in this process under the codecision procedure. The resolution adds that Member States should have the free choice to restrict GMO cultivation in certain geographical areas if they wish.

GMOs in seed production
A new EU directive of June 2003 introduced a tolerance level of 0.9% of accidental GMOs in conventional crops. Should this threshold be exceeded, the producer will have to indicate it on the product label. MEPs support this measure but also share one of the main concerns among farmers: the potential presence of minute traces of GMOs in conventional seeds, which makes it practically impossible today to achieve 100% non-genetically modified crops. The European Commission has recently drafted guidelines suggesting a tolerance level for the adventitious presence of GMOs in seeds (between 0.3% and 0.7%, depending on the type of seed). In the text adopted, MEPs say that a limit value for the labelling of GMO impurities in seed should be set and they "call on the Commission to stipulate the labelling of GMOs in seed at the technically reliable detection threshold".

Civil liability
MEPs also urge the Commission to bring forward "a proposal on Community-wide civil liability and insurance in respect of possible financial damage in connection with coexistence". Another recommendation adopted by the House "calls on the Commission and the Member States to include workable and legally enforceable civil liability provisions for sufficient insurance cover on the part of the applicant as a component of the authorisation procedure for placing GMOs on the market, so that claims by persons affected can be dealt with adequately and quickly in the event of damage".


European Parliament wants strict EU-wide rules for co-existence

From EurActiv via Checkbiotech.org

In short:
MEPs have adopted an own-initiative report on the co-existence of GM and conventional crops, calling for stricter rules and lower thresholds to control and limit the accidental contamination of crops.

Background:
The EU Directive on genetically modified food and feed from July 2003 stipulates that any products containing more than 0.9 per cent GMOs have to be labelled (see EurActiv, 23 July 2003). To ensure this threshold can be complied with, additional rules are necessary concerning the purity and labelling of the seeds that food products are derived from.

As it is today practically impossible for farmers to achieve 100 per cent non-genetically modified products, the Commission recently published guidelines suggesting a tolerance level of 0.3 and 0.7 per cent of the adventitious [accidental] or technically unavoidable presence of GMOs in crops, depending on the variety. However, according to the Commission, the responsibility for setting conditions for the co-existence of crops should lie with the individual Member States (see EurActiv, 24 July 2003).

The Parliament's Agriculture Committee on 2 December adopted an own-initiative report on this issue to evaluate whether the Commission's approach is realistic and practicable, especially in light of next year's EU enlargement. The report, drafted by Friedrich-Wilhelm Graefe zu Baringdorf (Greens, Germany) addresses issues such as civil liability, cost sharing and the practical implementation of the co-existence rules.

Issues:
The Parliament's own-initiative report was adopted in the plenary session on 18 December. It demands a more effective and stricter protection for organic and conventional farmers against the accidental contamination of their products.

Opposing the Commission's approach to leave the final decision up to the Member States, MEPs think that there is an urgent need for EU-wide regulations on co-existence. Moreover, the report says that GMO producers should have civil liability for any cross-contamination of non-GMO products. Member States wishing to restrict GMO cultivation in certain geographical areas should have the right to do so.

The EP also considered that the thresholds of 0.3 and 0.7 per cent for the 'adventitious' [accidental] presence of GMOs in seeds was set too high, saying that a limit value for the labelling of GM impurities in seeds should be set "at the technically measurable and reliable detection threshold".

Positions:
During a hearing at the European Parliament on 11 September 2003, several experts from national agriculture institutes agreed with the Commission's stance that the Member States should set their own thresholds. They argued that this was necessary because the risk of contamination depended on various local factors, such as climate, type of crops and machinery used (see EurActiv 16 October 2003).

In its debate on 29 September, the Agriculture Council revealed the wide range of attitudes on co-existence in the various Member States. Opinions ranged from Austria's call for a solid EU-wide framework on co-existence to a more liberal French and British position demanding maximum flexibility. The most controversial issues in this debate included GMO thresholds in organic produce, civil responsibility, thresholds for GMO in seeds and the possibility of setting up GM-free zones.

Greenpeace, Friends of the Earth Europe and the European Environmental Bureau have condemned the Commission's recommendations, criticising its advice to allow genetic contamination of organic products by applying the same labelling threshold to conventional and organic farming. However, environmental pressure groups welcomed the Commission's recommendation that measures of a regional dimension could be considered to prevent GM contamination, as they felt this would open the door to regional bans of GM crops.

EuroCommerce, the European trade representation of the Retail, Wholesale and International Trade has also attacked the draft directive, stating that it would lead to growing GMO contamination of the whole food and animal feed supply chain and reduce the consumers' freedom of choice between GM and non-GM food.

EuropaBio, representing the biotech industry, has welcomed the Commission's initiative, saying that the guidelines would help widen the choice of farmers, processors and consumers. However, the industry maintains that no special legislation for civil liability is needed, as existing national laws provide sufficient possibilities to seek compensation for economic loss.

Next steps:
The Council is currently awaiting a new proposal by the Commission after the executive had decided to change the legal basis for the proposal (see EurActiv 24 October 2003). The Council will then take up the debate again in 2004.

Links:

Official documents:

EU Actors' positions:

EuropaBio: Commission U-turns on Seeds Directive (24 October 2003)

European Parliament news release
EurActiv via Checkbiotech.org

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