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27 February 2004
Friends of the Earth renewed its call for tough GM liability legislation in the UK, following agreement earlier today on a framework for an international liability regime at the first meeting of the parties to the Biosafety Protocol - the global agreement on genetically modified organisms - in Kuala Lumpur.
The UK Government is expected to announce its GM policy shortly, including commercial approval for GM maize, but as a Party to the Biosafety Protocol they are bound by any international agreements made under the Protocol. This will provide a framework for the regulation of international trade in GM seed with any agreement under the Protocol affecting imports of GM contaminated seeds to the UK.
Friends of the Earth GM Campaigner Clare Oxborrow said:
"This is a positive step towards an international liability regime for GM. We hope Europe will take this opportunity to build on this to establish a comprehensive legal framework that counters genetic contamination. This is urgently needed, especially in the area of liability, where rules to make polluters pay for damage caused by GMs are practically non-existent."
The three key decisions made in Kuala Lumpur were:
No international liability regime for GM damage exists, but a Working Group on liability with a strong and clear mandate to complete the international rules and procedures for liability and redress by 2007 has been created. The US strongly objected to the text, but as a Non-Party their demands were not taken into consideration by the chair.
Crucial compliance measures have been agreed. A 15 person committee on Compliance has been created and will be effective immediately. The fight was won to ensure that cases of non compliance can be reported by other parties and will not just be reliant on self reporting. Measures that can be taken to address non-compliance include both providing assistance to countries with genuine capacity difficulties and issuing cautions and publishing cases. For persistent offenders even stronger measures could still be agreed on the basis of consensus in future meetings. The EU fought for strong compliance rules.
The rules to develop and implement clear identification of GM will not please lobbyists from the biotechnology industry. While the likes of the International Grain Trade Coalition were pressing for many loopholes to be included, but the EU, India and China, opted for stronger requirements which mean that countries can require exporters to provide clear detailed information about exactly what GM is involved and to refuse the shipment if this is not provided. This would represent a huge improvement on many current trading practices.
The UK Government is due to launch a public consultation on coexistence of GM and non-GM crops following a major GM policy announcement due shortly following a report on Coexistence and Liability by their GM policy advisers the AEBC [1]. A Private Member's Bill is being taken forward to address short falls in the legal framework on liability and measures to prevent GM contamination taking place [2].
Friends of the Earth International GM campaigner Juan Lopez Villar, in Kuala Lumpur, said:
"Governments committed to biosafety have risen above the attempts of the USA coalition to undermine the right of consumers, farmers and citizens to choose non genetically modified crops and food. GMOs pose a real present danger to the environment, and the health and livelihoods of people around the world. Now we are a up and running towards making biotechnology corporations liable for any GMO damage they cause."
[1] www.aebc.gov.uk/aebc/reports/coexistence_liability.shtml
[2] The Bill, being taken forward by Gregory Barker MP and supported by Friends of the Earth, would introduce separation distances and times between GM crops and other crops and a strict liability for all harm on GMO consent holders and a compensation fund to cover claims where those for responsible for harm cannot be identified so that those affected can be reimbursed for their losses. It is due to be debated in Parliament on 26th March 2004.
More information on GM crops is available at www.foei.org
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