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Second EU report on coexistence

Coexistence measures to remain the responsibility of member states

In recent years member states have made considerable progress in drawing up legislation on coexistence. Fifteen EU countries have now passed coexistence legislation. However, there are still no plans for EU-wide legislation on the coexistence of genetically modified and conventional crops. The European Commission, in cooperation with member states, is currently working on recommendations for best practice segregation measures for individual crops.

EU Commissioner for Agriculture and Rural Development Mariann Fischer Boel: “The member states are in a better position than the EU to identify effective and efficient coexistence measures.”

Following a preliminary report in 2006, the Commission published a second report in April 2009 on the implementation of national coexistence measures. Back in May 2006, EU Commissioner for Agriculture and Rural Development, Mariann Fischer Boel, announced plans to abandon the idea of common EU coexistence legislation on the grounds that the growing conditions varied too much from country to country to achieve harmonised segregation measures. In this latest report, the Commission reiterates once again its belief that the abandonment of EU-wide legislation is the right decision, since member states are in a better position than the EU to identify effective and efficient coexistence measures.

In 2003 the Commission merely adopted a recommendation on guidelines relating to coexistence. This recommendation states that coexistence measures should not go beyond what is necessary to ensure that adventitious traces of GMOs remain below the EU labelling Threshold value of 0.9 per cent. The Commission believes that over-restrictive cultivation regulations are just as irreconcilable with EU law as regional bans on the cultivation of genetically modified (GM) plants.

Coexistence legislation in 15 member states

So far Germany, Denmark, France, Portugal, the Netherlands, Belgium, Austria and some Eastern European countries have legislated on coexistence. Other countries have submitted draft proposals or are still working out concepts. Some member states are not planning to develop coexistence legislation in the near future because they believe that it is highly unlikely that GM crops will be cultivated in their country.

Coexistence measures can vary considerably from one country to another, with regional differences in agriculture, for example field size or climate, cited as the reason for this. Six member states (Germany, the Czech Republic, Ireland, the Netherlands, Portugal and Slovakia) have applied more stringent measures to the segregation of GM fields and organic fields than to the segregation of GM fields and conventional fields. Some member states prescribe special measures for the cultivation of GM crops close to nature reserves (e.g. Natura 2000 sites), or prohibit the cultivation of GM crops in these areas altogether. Since these special regulations are not linked to the concept of coexistence, in the view of the Commission the legal position still remains unclear.

So far no economic losses as a result of GMO contamination

In economic terms, GMO contamination can reduce the value of GM-free products, resulting in economic losses for the producers. According to information from the member states, there are no specific indications that European farmers have had to deal with problems of this nature as a result of the introduction of GM crops. However, this assessment is based on the limited commercial experience currently available. Germany in particular has expressed concerns about whether national coexistence measures will permit GM-free honey production.

European Coexistence Bureau to develop best practice measures

The Commission has set up a European Coexistence Bureau (EcoB) with the aim of increasing the effectiveness of technical coexistence measures. Together with member states and stakeholders, the bureau is currently developing recommendations for crop-specific segregation measures. A preliminary document on best practice for maize cultivation will be published in 2010.

Follow-up report in 2011

The Commission will continue to support the implementation of coexistence measures. In particular, it intends to continue promoting a practical, scientific approach to segregation measures. Attention will also focus on the impact on farmers’ ability to compete with one another on the one hand, and freedom of choice for the consumer on the other. The Commission’s third report is due to be published in 2011.