Fischer Boel delays GM-crop co-existence law

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Series Details Vol.12, No.9, 9.3.06
Publication Date 09/03/2006
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Date: 09/03/06

The European Commission has again pulled back from legislating on the best way to grow biotech and conventional crops side-by-side, according to a report the EU executive is to issue on Friday (10 March).

Mariann Fischer Boel, the agriculture commissioner, said early last year that she was considering "framework legislation" on the problem, known as co-existence, signalling a shift from the hands-off position of her predecessor Franz Fischler.

But a new Commission report on national co-existence measures says Europe will have to wait at least another couple of years.

"The limited experience and the need to conclude the process of implementing national co-existence measures do not seem to justify the development of a dedicated harmonised legislative approach at the present time," the report concludes.

Instead, the Commission now suggests publishing a second report on national co-existence measures in 2008.

Opponents of genetically modified (GM) crops say conventional crops are at risk of contamination without tough EU-level laws preventing accidental crossover with gene-altered seeds. GM advocates are also unhappy with the current patchwork of - frequently anti-biotech - national rules.

The Commission will also this year start putting together "best practice" guidelines for different types of GM crop and a study of the various liability rules currently used in member states.

A spokesman said there was "no deadline" for concrete action. "There is nothing hard or fast. We think the member states should [introduce co-existence rules] and should do it sooner rather than later, but there is no carrot or stick," he said.

Although commissioner Fischer Boel "came into office talking about a legislative framework", the spokesman admitted this was no longer the case.

Europe remains wary of GM cultivation, unlike the US and several developing countries.

Only two GM crops have so far been authorised for growing in the EU and only Spain has so far started to grow them on any significant scale (12% of maize cultivation).

Germany, Denmark, Portugal and Austria are the only four member states to have adopted laws on co-existence.

And Austria's legislation is currently being challenged in the EU courts for effectively banning GM cultivation.

Adrian Bebb of Friends of the Earth Europe, a conservation group, said Brussels was putting industry interests before consumer demands. "The report clearly shows the Commission has decided to first contaminate and then legislate," he added.

Bebb said he was convinced however the Commission would have to legislate on co-existence in the end: "It is quite clear from the report analysis that things are not working at the moment - half the co-existence proposals put forward so far were rejected for breaking internal trade rules. [The Commission] will have to legislate at some moment."

But Darren Abrahams, a lawyer at the Brussels office of US firm Steptoe & Johnson, warned against seeing co-existence as a one-size-fits-all issue. "Co-existence is a local issue - by definition - so using the hammer of EU-wide legislation to crack the co-existence nut would offer little comfort to the industry," he said.

Article reports that the European Commission delayed earlier plans to legislate on the co-existence of genetically modified crops with conventional and organic farming. The Commission on 9 March 2006 adopted a report looking into this matter and decided that more evidence was needed. This should lead to the drafting of a second report, on national co-existence measures, in 2008.

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Related Links
European Commission: PreLex: COM(2006) 104, Communication ... Report on the implementation of national measures on the coexistence of genetically modified crops with conventional and organic farming, 9.3.06 http://ec.europa.eu/prelex/detail_dossier.cfm?CL=en&ReqId=0&DocType=COM&DocYear=2006&DocNum=0104
European Commission: Press Release: IP/06/293, Commission reports on national measures to ensure co-existence of genetically modified crops with conventional and organic farming, 9.3.06 http://europa.eu/rapid/pressReleasesAction.do?reference=IP/06/293&format=HTML&aged=0&language=EN&guiLanguage=en

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