GMO UPDATE: BT 11 APPROVAL; BELGIAN GM RAPE REJECTION

Europe Takes First Step Towards Removing De Facto Biotech Ban

The European Commission at its 28 January meeting approved a proposal to authorise Syngenta's genetically modified Bt-11 corn for food use. The Commission's approval will now be forwarded to EU member states for a decision within 90 days. If they fail to reach an agreement, the Commission would be able to authorise the transgenic maize under its own initiative. A decision to authorise the maize would put an end to the ongoing de facto moratorium on the approval of new genetically modified organisms (GMO) -- at least for biotech foods -- which is currently being challenged in the WTO by the US, Canada and Argentina (see BRIDGES Trade BioRes, 25 August 2003). The Commission further agreed to submit a draft authorisation for Monsanto's GM maize NK603 to the Regulatory Committee for a decision in February.

Also at the meeting, the Commission stressed that a blanket ban of all GMOs that have been authorised in the EU would not be justified as necessary to protect human health or the environment, but conceded that GM-free zones were possible if farmers decided to produce without GMOs on a voluntary basis. It has thereby provided tentative backing for the decision of various European regions to remain GM-free (see BRIDGES Trade BioRes, 11 November 2003).

Belgium Rejects Bayer Application To Grow GM-Rape

On 2 February the Belgian government rejected an application from Bayer CropScience to grow genetically modified oilseed rape. The decision, which currently only applies to spring rape seed as the application for winter rape seed is still under consideration, is based on an expert report concluding that growing GM oilseed rape could have negative effects on biodiversity. The report from the Belgian biosafety advisory committee stated in particular that the GM crop could mix with non-GM wild varieties by vertical gene-flow, following similar conclusions of a recent field trial report commissioned by the UK government (see BRIDGES Trade BioRes, 22 January, 2004). The Belgian report also concludes that although control measures could be taken to reduce the crop's impact on the environment, these would be "impracticable, hardly workable and hard to control in current agricultural circumstances". Although the Belgian government rejected growing GM rape, they allowed for the processing and import of the crop in Europe.

Bayer CropScience expressed disappointment with the Belgian decision claiming that it was based on politics rather than on scientific findings. The company furthermore stated that the cultivation of GM rapeseed would not be harmful to the environment if sufficient control measures were put in place. Friends of the Earth and Greenpeace, on the other hand, applauded the decision as an important precedent for any future applications to grow GM rape in Europe. However, they criticised Belgium's decision to allow processing and import of the crop as inconsistent, pointing out that the growing of GM rape would harm the environment no matter where it was grown. The decision to allow for the import and processing of GM rape will now be forwarded to the European Council for a decision.

Bayer CropScience has also filed similar applications with the German government in an effort to obtain EU-wide growing licenses. Once an application has passed the risk assessment of a single Member State, it will be forward to the European Council for a final decision. If no objections are raised by other member states, the product can be marketed throughout the EU.

"GMOs: Commission takes stock of progress," EUROPEAN COMMISSION, 28 January 2004; "Belgian authorities accused of making political decision on GM rape," EURACTIV, 4 February 2004; "Europe closer to banning modified oilseed rape," FOE, 2 February 2004; "EU on line to prohibit GM oilseed rape crops," GUARDIAN, 3 February 2004; "GM oilseed rape could harm the environment," FT, 28 January 2004.