Archived press release

European Commission objects to anti GM contamination policies from 10 member states

10 March 2006

The European Commission is opposing legal measures aimed at protecting their conventional crops from GM contamination by 10 member states because they "create obstacles to the free movement of goods", an official EC report reveals today [1].

The report summarises progress made by European Member States in putting in place measures to control GM contamination of conventional and organic crops - so called `coexistence' - and details the European Commission's response.

EU law allows countries in Europe to put in place their own laws, such as separation distances between GM and non-GM crops, but the Commission has objected to half of the 20 legal proposals submitted by Member States, claiming they "create obstacles to the free movement of goods". The EC has asked that they be re-submitted with weaker proposals. At the same time the report says that EU-wide legislation does not seem to be justified at present - a move that could lead to the irreversible GM contamination of Europe's food, seeds and environment.

Friends of the Earth says that the EC report highlights the increasing tension between the unelected body and the majority of European governments and citizens. The environmental campaign group welcomed a call by European Environment Ministers on Thursday (8 March) calling for a shake-up of decision making over GM crops and foods.

The UK is expected to launch a public consultation on coexistence imminently [2]. It is likely that the UK proposals will follow the restrictive EC position, which has been criticised by independent legal opinion as "fundamentally flawed" and "wrong in law" [3]. Although the majority of Environment Ministers expressed criticisms of EU decision making over GM crops and foods in a debate yesterday during their Council meeting, UK Minister Elliot Morley is reported to have supported the current system [4].

Friends of the Earth GM Campaigner, Clare Oxborrow said:

"It is outrageous that the unelected European Commissions is trying to prevent member states taking steps to protect their food, farming and environment from GM contamination. Most European governments and citizens want their food and crops to be GM-free. European lawmakers should not put the interests of the big biotech firms ahead of the interests of European citizens and their environment."

"Unfortunately the UK Government looks set to follow the Commission's lead and publish a flawed consultation paper where the decision to allow widespread contamination has already been taken. It is time that the UK Government and European Commission stopped pandering to GM industry and listened to what consumers want - GM-free food produced in an environmentally sustainable way."

Notes

[1] Report on the implementation of national measures on the coexistence of genetically modified crops with conventional and organic farming.

The EU report looks at current measures by EU member states to protect farming from contamination:

The Commission threatens countries or regions with legal action if they try to prohibit the growing of GM crops. Currently 172 European regions have expressed their desire to be GM free. [5]

The Commission considers that a half of all the legislative coexistence proposals by EU member states "create obstacles to the free movement of goods".

Coexistence measures that ban the growing of GM crops in "protected or ecologically sensitive regions" are not permitted, despite existing legislation which allows this for individual GMOs.

Schemes that require GM growers to obtain insurance against contamination should not be mandatory as this type of insurance cover is not available in the EU and this would "make the cultivation of GM crops impossible."

The Commission is not however threatening to take countries to court if they set a threshold for contamination lower than the Commission's recommended 0.9%. This confirms independent legal advice that the Commission's use of the labeling threshold for coexistence is "legally flawed" (3).

Friends of the Earth briefing on the Commission report (PDF)

[2] Advice - In the matter of Co-existence, traceability and labelling of GMOs. K.P.E. Lasok QC and Rebecca Haynes, 21 January 2005.
www.gmfreescarecrows.org

[3] A briefing on the legal situation of coexistence (PDF†)

[4] Ministers urge more change for GM crop rules, Environment Daily 2055, 09/03/06

[5] www.gmofree-europe.org/

†To view PDF files you will need to download Adobe Acrobat Reader. Visually impaired users can get extra help with these documents from access.adobe.com.

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Published by Friends of the Earth Trust