Jun 15, 2005

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No compromise in mediation committee

Genetic Engineering Act remains incomplete

(15 June 2005) The second Genetic Engineering Act has collapsed. Fundamental differences of opinion between the red-green ruling coalition in Berlin and the CDU/CSU-led majority in the Bundesrat (upper house) have prevented a compromise from being reached. Following the failure of the responsible working group to produce a result on Monday, the mediation committee will today abandon its conciliation attempts. After the planned re-election of the Bundestag, the legislative process will have to begin again at the beginning. Until it is completed, the Genetic Engineering Act passed by the red-green coalition will remain in force.

The Genetic Engineering Act has collapsed, the election campaign has begun.
Michael Müller (SPD): “The welfare of consumers plays only a subordinate role for the CDU and FDP. They and a few big businesses think they know what consumers should want.”

Ulrike Höfken (B90/ Greens): “If they win the election, Mrs Merkel has already announced that she intends to open the floodgates to agro genetic engineering – against the will of the majority of consumers. … Countless jobs in organic farming and in conventional production will be destroyed.”

Helmut Heiderich (CDU): “For years Minister Künast has prevented the development and application of genetic engineering, a promising technology of the new century. Highly qualified scientific research projects were banned by the minister in person.”

Christel Happach-Kasan (FDP): The FDP emphatically insists on a fundamental revision of genetic engineering law. Cosmetic alterations to the second Genetic Engineering Act alone won’t create jobs or keep scientists in Germany.

The second amending law on the Genetic Engineering Act contains only regulations that concern the federal states and which therefore require the approval of the Bundesrat. Most of the provisions concern the assignment of official responsibilities, especially for the approval and monitoring of genetic engineering facilities. The opinions of the two political camps are not all that divided in this area.

The contentious regulations are primarily those dealing with the cultivation of GM crops, particularly liability in the event of loss as a result of outcrossing, and with the site register. These amendments of the Genetic Engineering Act were passed by the red-green ruling coalition with a chancellor’s majority in the Bundestag. Although the CDU/CSU-run states vehemently rejected these new provisions, they could not prevent the new Genetic Engineering Act, which bears the stamp of Consumer Protection Minister Künast, from entering into force at the beginning of February 2005.

Using its majority in the Bundesrat the Berlin opposition parties attempted to modify the red-green Genetic Engineering Act retrospectively. The majority of the federal states wanted to agree to the second amending law only if the first part were re-examined as well. They were particularly keen for the rigorous liability rules to be relaxed and replaced with a practical coexistence concept based on the Dutch model.

Red-green Genetic Engineering Act continues in force

With the collapse of the compromise attempts in the mediation committee, the legislative procedure has ended without a result. This means that the current Genetic Engineering Act continues in force.

For the time being, all fields on which GM plants are released or cultivated must be entered in a site register. Restrictions on the publicly accessible part of the register, which had already been agreed by a majority in the Bundestag, will not enter into force.

Farmers who cultivate GM plants are liable for economic loss caused by GMO outcrossings – even if they have not contravened the coexistence regulations. Because of the unclear legal situation, these liability risks are uninsurable.

The relaxations for the approval of genetic engineering production facilities provided for in the second package of amendments will not enter into force for the time being.

EU requirements: only half implemented

The reason for the comprehensive amendment of the Genetic Engineering Act was several EU directives that should have been written into national law by 2002. Without the second amending law, the implementation in Germany is incomplete. The European Commission has already referred Germany to the European Court of Justice for failure to fulfil its obligations. If it comes to a decision, Germany must expect a hefty fine.

Long path to a new law

If there is a change of government in Berlin, the CDU/CSU and FDP parties want to revise the existing Genetic Engineering Act. However, after the re-election of the Bundestag the whole complicated legislative procedure will have to start from the beginning again. It is doubtful whether it will be possible to have an amended Genetic Engineering Act in force in time to make things easier for the cultivation of GM crops in the 2006 sowing season.

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