Jun 23, 2008

News

Send

EU presidency:

France plans to overhaul approval procedures for GMOs

With both chambers of the French parliament having approved a new genetic engineering act at the end of May and as it prepares to take up the EU presidency on 1 July, France is now seeking to reopen discussions on approval procedures for genetically modified organisms at European level.

In June the French environment minister, Jean Louis Borloo, made clear to his 26 EU counterparts what direction the French initiative would take during its EU presidency starting on 1 July. France intends to push for more comprehensive testing of genetically modified organisms (GMOs) for possible effects on humans and the environment, and for greater consideration to be given to the opinions of EU member states in the scientific advice provided by the European Food Safety Authority (EFSA). At the same time, France plans to breathe new life into discussions, gridlocked for years, on the labelling threshold for GM presence in seed. It also proposes giving member states the option of restricting the cultivation of GM varieties that have already been approved in their respective countries to take into account particular ecosystems, agricultural practices and geographic conditions.

How France actually intends to implement its demands remains unclear. Any attempt to amend existing laws would set in motion a lengthy legislative process with an uncertain outcome. Historically, a qualified majority of EU member states for or against the approval of specific genetically modified crops has never been achieved. The European Commission has always had to decide on its own approval proposals on the basis of the EU Deliberate Release Directive and the Regulation on Genetically Modified Food and Feed. However, it is clear that fewer and fewer EU member states agree with the current approval procedure for genetically modified organisms.

EFSA’s working methods have also been increasingly questioned in recent months. The German agricultural minister, Horst Seehofer, had warned that the authority would have to become more independent, following the example of the European Medicines Agency (EMEA). It is also thought that the European Commissioner for the Environment, Stavros Dimas, may well await the new fundamental debate on approval requirements for GMOs before coming to a final decision on the GM industrial potato, Amflora, the approval of which has been delayed for months.

Effects on the environment to be given greater consideration

In a background paper, the French government has already set out the direction in which it aims to steer European policy on genetic engineering. The assessment of insect-resistant and herbicide-tolerant crops, including the impact of their cultivation on non-target organisms, should be brought more closely into line with the assessment criteria for crop protection products. In addition, France believes that the risk assessment of GMOs should also take into account economic criteria, agronomic effects and the effects on different production systems and that a method of assessing the benefits of GMOs should be developed. The key criterion for approving GMOs should continue to be health and environmental protection.

Genetic engineering act: general provisions for coexistence

Following months of controversial debate, both chambers of the French parliament finally approved the national genetic engineering act at the end of May. The act is not in favour of or against the cultivation of genetically modified crops, said French environment minister, Jean-Louis Borloo. It allows for the continued development of biotechnology whilst at the same time “maintaining respect for public health, the environment and French agriculture”.

The provisions of the French genetic engineering act include allowing genetically modified crops to be grown only if they are in keeping with the environment, public health and the ecosystem that prevails on the cultivation site. Farmers planning to cultivate GM crops must inform neighbouring farmers and notify the relevant authorities of the location of the fields. The authorities keep a site register, available for public scrutiny, which lists all cultivation sites.

Like the German genetic engineering act, the French act also contains general provisions for the coexistence of genetically modified and conventional crops. The Ministry of Agriculture plans to issue more concrete, crop-specific cultivation rules, such as minimum separation distances, in the form of decrees. Separation distances are to be set in such a way as to ensure that any adventitious presence of GM crops in conventional harvests remains below the 0.9% EU threshold; products containing GM components above this level must be labelled as such. However, if the harvest products of a neighbouring non-GM farmer contain GMO levels above 0.9% and so require labelling, the GM farmer must accept liability for any resulting loss of income. Any farmer planning to grow GM crops must take out some form of financial protection beforehand, such as liability insurance.

The act also requires that the production and marketing of products with the special designation “GMO-free” should continue to be possible. Since there is currently no definition of the term GMO-free at European level, France is to create its own threshold for GM components in products labelled in this way.

Protection of regional products with AOC seal

The act also enables restrictions to be placed on the cultivation of GM varieties in areas where regional products with AOC certification (Appellation d’origine controllée: the French “controlled origin” label) are grown. The AOC label is widely used in France, with around 400 wines bearing the seal, accounting for approximately 40% of French winegrowing areas. GMO cultivation in national and regional parks can also be prohibited.

Part of the act also makes crop destruction a criminal offence. In future, destroying or damaging GM crops will be punishable with a prison sentence of up to two years and a 75,000 euro fine.

On 19 June, the French constitutional court overruled the main points of an objection to the act submitted by the opposition parties. This means that it will shortly be published in the official journal and will come into force.

Despite the amendment to the genetic engineering act, the current French cultivation ban on MON810 will remain in place initially. Since the EFSA risk assessment demanded by France has not yet been submitted, France is said to upholding the precautionary principle and the safeguard clause enshrined in the EU Deliberate Release Directive. No decision on the cultivation ban is expected before the end of 2008.

In 2007 only GM maize was grown commercially in France on an area of around 21,000 hectares. An area of 40,000 square metres was approved for scientific trials - mainly involving GM maize, but also poplars, tobacco and wine.