Nov 11, 2004

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Netherlands

Coexistence rules - consensus

In the Netherlands, agricultural, plant-breeding and consumer umbrella organisations have agreed on rules for the cultivation of genetically modified plants. Unlike in Germany, there will be a liability fund, from which compensation can be paid for financial losses caused by GMO outcrossing. Even the organic farmers’ association has agreed to the decision.

Both the Dutch farmers’ association LTO and Biologica, the umbrella organisation of organic farming associations, have worked together on the coexistence agreement. They were joined by Plantum NL (the plant-breeders’ association) and the soil, farmers and consumers platform, Platform ABC. On presentation of the “coexistence primary production” report to the minister for agriculture, the members of the “Van Dijk Committee”, named after its chairman, declared themselves happy with the result. The jointly produced guidelines were, they said, appropriate for keeping unwanted mixing of genetically modified, conventional and organic harvest products to an absolute minimum. Coexistence and freedom of choice for the consumer were assured.

The committee’s recommendations are now to be turned into binding regulations for the Dutch agricultural sector. It has been agreed that these will then be reviewed after three years to see if they need to be adapted.

Register

Farmers who want to plant GM plants must enter the fields in a national register before sowing, by 1 February each year at the latest, so that neighbours who may be affected can plan accordingly.

Separation distances

The Van Dijk Committee has set separation distances for potatoes, sugar beet and maize, which must be respected between genetically modified and conventional crops. These apply only to GM plants that are authorised in the EU and which have been assessed as safe for humans, animals and the environment.

The separation distances are:

• Potatoes: three metres from conventional crops, ten metres from organic crops;
• Sugar beet: 1.5 metres from conventional crops, three metres from organic crops;
• Maize: 25 metres from conventional crops, 250 metres from organic crops.
• The committee made no recommendations for oilseed rape. The reasons given for this were its complicated outcrossing behaviour and its limited commercial importance for Dutch farming.

Good farming practice

The Van Dijk Committe proposes developing a certifiable catalogue of measures for “good farming practice” (GFP). This would set out rules for each type of crop, which would cover all phases from cultivation to processing and would be designed to prevent any cross-contamination of production streams. Monitoring will be carried out to see whether the GFP rules are respected and are effective. The rules specify regular sampling and analyses. Fields with GM sugar beet must be checked for bolters. For potatoes, farmers need to check the following year that no GM potatoes are left in the field that will appear as potato volunteers a year later.

Liability fund and fault-based liability

Liability fund and fault-based liability. Farmers who plant GM crops are liable for financial losses incurred by their neighbours – but only if they have failed to observe the coexistence rules. Only claims for which there is no culpable responsible party will receive compensation from a liability fund. The fund receives payments from agro-biotech companies, plant-breeders, farmers, including organic farmers, recipients of GM agricultural products and, in the start-up phase, the state.

The Biologica association in particular found it difficult to agree to the negotiated coexistence rules. The association claims that it stands by its fundamental rejection of genetically modified plants but, since their cultivation is permitted in the Netherlands, there is a need for clear rules.

The environmental protection organisation Friends of the Earth and the international umbrella organisation for organic farming (IFOAM) criticised the recommendations of the Van Dijk Committee and Biologica’s consent.