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spacer.gif (842 bytes) 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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