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| International Reporter, Volume 16 Number 26 Wednesday, June 30, 1999 EU Environment Ministers Strengthen De Facto Ban on GMOs Pending New Law LUXEMBOURG-- European Union environment ministers, while making a breakthrough on revising legislation regulating the release of genetically modified organisms into the environment, June 25 all but ruled out the approval of any new GMO applications until the new legislation becomes law, a process likely to take at least two years. At an all-night session of the Council of Environment Ministers, some countries, led by France and Greece, tried unsuccessfully to have the EU declare an outright moratorium on GMOs. Instead, German Environment Minister Ju`rgen Trittin, whose country holds the EU presidency until July 1, said no GMOs would likely be approved until the final version of the revised EEC/90/220 directive is approved by the European Parliament and implemented in the 15 member states. Some of the important changes to the EEC/90/220 directive (On Deliberate Release of Genetically Modified Organisms) approved by the ministers included a mandatory labeling scheme and a maximum time limit of 10 years on the approval of a GMO product. However, member states can approve a GMO for less time if they want. "There was a political consensus that everything should be done to avoid authorizations [of GMOs] under the existing rules," Trittin said. "So it is rather unlikely there will be any new GMOs approved until this [new] legislation is put in place." When the ministers emerged after more than five hours of talks over a possible moratorium, two different declarations emerged. One, signed by France, Luxembourg, Denmark, Italy, and Greece, said they would not approve any new GMOs until a GMO-labeling regime is established and stricter measures are in place to trace GMOs from the time they are planted to the time they are integrated into processed foods. In the second declaration, Belgium, Sweden, Austria, Portugal, the Netherlands, Finland, and Germany emphasized the need to apply the precautionary principle. This more moderate declaration states that the onus would be on companies to prove that no environmental risk is posed by GMO products. "[N]o authorization ... would take place until it is demonstrated that there is no adverse effect on the environment and human health," the declaration said. According to a Commission official attending the meeting, the combination of the two declarations means that a moratorium "is in place and will be for some time ... probably two or three years." U.K. Speaks Against Declarations The United Kingdom and the Netherlands rejected the moratorium call because of legal and trade implications. The United Kingdom was the country most opposed to the French proposal. "We don't see the need for any of these declarations now that we have reached a common position on the revision of the [EEC] 90/220 regulatory directive," said British Environment Minister Michael Meacher. "After all, that is what this whole process is about." Currently there are approximately 16 GMOs already approved in the EU, the Commission said. There are another 11 applications waiting for approval, including four that have been approved by EU scientific committees but have been rejected by member states. Before the declarations were agreed to, European Environment Commissioner Ritt Bjerregaard criticized France and other countries that favored a moratorium. "Some of the same countries that are pushing for a ban have continued to send applications for GMO approval," Bjerregaard said. The European biotechnology industry has vehemently opposed any time limit on GMO approvals. The industry will also be disappointed because the so-called "fast-track" approval process for some GMOs--seen to pose little controversy or environmental risk--was dropped. Liability Payments Rejected The Council of Environmental Ministers also declined to consider any liability scheme for companies that sell GMO products. That poses a possible conflict with the European Parliament, which earlier this year held its first reading of legislation and called for a mandatory scheme forcing companies to pay for any damage their product might cause. The Parliament is due to hold its second reading in the autumn, and differences with the Council of Ministers will have to be worked out in a special conciliation committee. The Council of Ministers did, however, call on the Commission to cover any GMO liability concerns in its White Paper on environmental liability, which is expected this fall. Despite changes to the legislation to allay public concerns about health and environmental risks posed by GMOs, Trittin said the call for a moratorium was justified because by scientific evidence proving the uncertainties and environmental risk posed by GMOs. When asked why all GMOs should not be restricted, if new information was the basis for a moratorium, Trittin said: "The problem with the current regulatory legislation is that we are stuck with them once they are approved." Seeds of WTO Conflict Concerning the possibility that the EU's leading trade partners, including the United States and Canada, would challenge the EU on a moratorium at the World Trade Organization, Trittin said, "The issue of trade and the environment will be on the Millennium Round [of comprehensive WTO negotiations], and we will be able to deal with these issues then." U.S. Trade Representative Charlene Barshefsky June 24 testified to the effect that the EU approval process was broken. Barshefsky also indicated that the United States was considering WTO action (see related report, this issue ). Bjerregaard said she believed the EU would win any challenge by the United States or Canada at the WTO. The EU and the United States agreed earlier to set up a pilot program for simultaneous study and approval of each new GMO to avoid conflicts on both sides of the Atlantic (16 ITR 1049, 6/25/99). |
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