GMOs: EU faces international pressure to lift restrictions on GM products, September 2003

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Series Details 8.9.03
Publication Date 08/09/2003
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Background and reporting on the main issues in the European Union and the wider Europe

The United States, Argentina and Canada have stepped up the pressure on the European Union to end its five year moratorium on genetically modified (GM) products by launching a case against the EU's GM restrictions at the World Trade Organisation.

The complainants argue that the EU rules are illegal because they are not based on scientific evidence of risk to health and the environment. The three countries are also contesting bans by six EU Member States on some already approved genetically modified organisms (GMOs).

Background

The request by the United States, backed by Canada and Argentina, for a WTO dispute panel [DS291, DS292, DS 293] is not unexpected. It follows an announcement from the US trade representative, Robert Zoellick, on 13 May 2003 that the United States was filing a case against the EU at the WTO after months of negotiations between the two sides failed to resolve the issue [see earlier European Sources Online: In Focus].

From the American standpoint, the EU's moratorium on GM products has become increasingly frustrating since there is no scientific evidence to suggest that GM products cause problems for human health. In the meantime the EU ban is estimated to cost US farmers and the biotechnology industry $300m a year in lost exports.

More recently, American frustrations have grown amidst fears that the EU reaction to GM products is leading to negative press about GM crops on the African continent. In 2002 a number of African countries refused to accept shipments of American food aid on the grounds that they may contain GM crops and in June 2003 the President of the United States, George Bush, accused the European Union of indirectly contributing to the famine in Africa by discouraging African nations from investing in biotechnology [see earlier European Sources Online: In Focus].

But the EU's Member States are clear that they want to ensure a strict framework governing the use of GM products in food is in place in case of any risks to human health. Indeed, they are backed up by the attitudes of European consumers who have been reluctant to purchase GM derived food.

New EU rules on GMOs

The European Commission is also frustrated at the timing of the WTO dispute panel. After months of debate the European Parliament and the Council of the European Union finally adopted a new regulatory system for GMOs in July 2003. The new legislation governs the labelling and traceability of GMOs in the food chain and introduces a number of new measures:

  • principles for environmental risk assessments
  • mandatory post-market monitoring requirements, including on long-term effects associated with the interaction with other GMOs and the environment
  • mandatory information to the public
  • a requirement for Member States to ensure labelling and traceability at all stages of the placing on the market
  • first approvals for the release of GMOs to be limited to a maximum of ten years
  • the consultation of the Scientific Committee(s) to be obligatory
  • an obligation to consult the European Parliament on decisions to authorise the release of GMOs
  • the possibility for Council of Ministers to adopt or reject a Commission proposal for authorisation of a GMO by qualified majority.

The European Commission believes that the new framework will give consumers confidence that those GM product that reach shop shelves are safe and will therefore lead to an increase in sales.

As David Byrne, the European Commissioner for Health and Consumer Protection explained,

'Clear labelling and traceability rules are essential to help restore consumer confidence in GMOs in Europe. Unless consumers see that the authorisation process is up to date and takes into account all legitimate concerns, consumers will continue to remain sceptical of GM products'.
European Commission Press Release: IP/03/1165

The EU also argues that now the new rules are in place the European Commission should be able to make progress on a number of applications for marketing of GMOs in the EU and that therefore the 'de fact' moratorium could soon be lifted.

However this has failed to satisfy the WTO complainants. US farmers claim that the new rules on traceability, which effectively require GM crops to be segregated from non-biotech crops will be hugely costly to implement.

WTO dispute process

The United States' request for a WTO dispute panel on 18 August 2003 is the final step in the WTO dispute settlement process. A panel is only established if consultations between the parties in the two months prior to the request have failed to settle the dispute.

The European Union immediately blocked the panel. However, the WTO was obliged to establish one at the second time of asking on 29 August 2003. Once the three judges are nominated, the United States will have between three and six weeks to file its first written submission and the EU will have a further two to three weeks to respond. Two oral hearings and a second written submission will follow. On average a panel procedure takes a year but this can be extended if one of the parties appeals - a process which can take up to three months. In this case the need for evidence from scientific experts may extend the case even longer, with few commentators expecting the results before 2005, by which time the European Commission may have approved many new GM products for marketing in the EU.

The EU has recently shown that is not completely 'anti-GMO' when it refused to grant a request from Austria to ban the use of GMOs in the region of Upper Austria for a three year period; it is clearly just keen to ensure that a strict regulatory framework is in place.

European Commissioner for Trade, Pascal Lamy, has already expressed his regret at the US decision to request a WTO panel, saying,

'We regret this move to unnecessary litigation. The EU's regulatory system for GMOs is clear, transparent, reasonable and non-discriminatory. We are confident that the WTO will confirm that the EU fully respects its obligations'.
European Commission Press Release: IP/03/1165

Friends of the Earth Europe supported the EU stance saying,

“The US decision to attack the right of countries to regulate the trade in GMOs is disgraceful. With this step the corporate-led US administration wants to forcefeed GMOs onto Europe and the rest of the world. The WTO is not the right place to decide what people should eat. Environmentalists and consumers around the world will resist the Bush administration and the WTO”.

But the United States maintain that the EU is in breach of global trade rules. The US Agriculture Secretary Ann M. Veneman said,

'For five years, the EU has kept in place a ban on biotech approvals - a ban which is unsupported even by the EU's own scientific studies. This trade barrier harms farmers and consumers around the world by denying them the benefits of productive, nutritious and environmentally friendly biotech products. We have been extremely patient for almost five years. We have had exhaustive discussions with the Europeans and it now is time to let the dispute settlement process work'.
US Trade Representative Press Release

EU-US Trade War?

The establishment of the WTO dispute panel threatens to escalate trade tensions between the EU and US, just a month ahead of the Fifth WTO Ministerial Conference in Cancun, Mexico. While the Doha Development Agenda is supposed to be the key focus of the agenda, many observers believe that the row over GM crops will overshadow proceedings, along with differences between the EU and US over agricultural subsidies.

Further information within European Sources Online:

European Sources Online: Topic Guides

Food Safety in the European Union

European Sources Online: In Focus

European Parliament votes on GMOs, July 2002
GMOs: Compromise deal reached on labelling of genetically modified food and feed
GMOs: EU ratifies the Cartagena Protocol on biosafety, June 2002
European Parliament and Council reach agreement on transboundary movement of GMOs, June 2003
US launches WTO case against EU moratorium on genetically modified organisms (GMOs), May 2003
President Bush calls on EU to end its ban on GM food, June 2003

European Sources Online: Financial Times

24.06.03: Bush steps up pressure on EU over biotech food
25.07.03: EU hits back at Bush GM food claims
02.07.03: Two laws set to clear way for GM products
02.07.03: Genetic code
03.07.03: Laws clear way for Europe to lift GM moratorium
19.08.03: US fires first shot at EU biotech policy

European Sources Online: European Voice

26.06.03: Union hits back at American criticism of GMO position
26.06.03: EU to adopt GMO 'co-existence' guidelines
03.07.03: GM laws to pave the way for lifting of EU approvals ban
10.07.03: Lawyer calls on consumers to hold fast in face of GM pressure

Further information can be seen in these external links:
(long-term access cannot be guaranteed)

EU Institutions

European Commission

DG Press and Communication
Press Releases:
  20.06.03: WTO consultation over GMO's: EU reiterates its authorisation system is in accordance with WTO rules [IP/03/859]
  02.07.03: Wallström and Byrne welcome EP acceptance of a trustworthy and safe approach to GMOs and GM food and feed [IP/03/935]
  15.07.03: Genetically Modified Organisms: Commission takes Court action against eleven Member States [IP/03/1007]
  22.07.03: European legislative framework for GMOs is now in place [IP/03/1056]
  23.07.03: GMOs: Commission publishes recommendations to ensure co-existence of GM and non-GM crops [IP/03/1096]
  18.08.03: European Commission regrets the request for a WTO panel on GMOs [IP/03/1165]
  02.09.03: Commission rejects request to establish a temporary ban on the use of GMOs in Upper Austria [IP/03/1194]
 
DG Trade
  The EU and the WTO
WTO dispute settlement
Cases launched against the EC
 
DG Health and Consumer Protection
Food safety: GMOs
Questions & Answers on the regulation of GMOs in the EU
List of authorised GMOs
 
DG Environment
Biotechnology

International Organisations

World Trade Organisation

Homepage
Disputes

Codex Alimentarius

Homepage
Report from the Ad Hoc Intergovernmental Task Force on Food Derived from Biotechnonlogy

National Organisations

Office of the United States Trade Representative

Homepage
Press Releases:
  07.08.03: United States Requests Dispute Panel in WTO Challenge to EU Biotech Moratorium
USTR Biotechnology: Resources
The EU Moratorium on Agricultural Biotech Products: Claims and Facts
Five years of US patience, five years of European delays

Miscellaneous Organisations

Friends of the Earth Europe

Homepage
Press Releases:
  20.06.03: EU-US GM dispute: US decision to request WTO dispute panel greeted with horror
  15.08.03: US to launch full-scale GMO trade war
  18.08.03: US launches full-scale GMO trade war but Europe fights back
  29.08.03: US-EU trade war to get green light: WTO told to clear out vested interests

The European Consumers Organisation

Homepage

Europabio

Homepage
Press Releases:
  02.07.03: EU moratorium can be lifted as European Parliament votes yes to new GM rules
  23.07.03: Co-existing with GM crops - European Commission publishes guidelines
  29.07.03: EuropaBio publishes EU industry guidance documents on the safety assessment for GM crops
  02.09.03: Europabio welcomes Commission decision to uphold choice on GM crops
Safety Assesment of Foods from Genetically Modified Crops: Module 1
Safety of Genetically Modified Food: Module 2

News Organisations

BBC News Online

  23.06.03: US in new global GM push
  25.06.03: US escalates GM trade war
  08.08.03: EU 'regrets' US action on GM crops
  29.08.03: WTO to probe Europe's GMO policy

Helen Bower

8 September 2003

The United States, with the backing of Canada and Argentina, has called for a WTO dispute panel to be established to investigate the European Union's 'de fact' moratorium on GMOs.

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