Home > Press releases > 2004 > New German Law Will Help Keep Europe GM Free
Nov 26 2004
Friends of the Earth today welcomed the adoption by the German Parliament of a new law that will help protect consumers and farmers against the risks of genetically modified (GM) foods and crops [1]. The news comes as the UK Government looks set to allow widespread GM contamination of crops and food - of up to nine times the detection limit [2] - even though a consultation on the issue is yet to be launched.
The German law introduces the principle that GM farmers and operators are financially liable for economic damage caused if their crops contaminate non-GM crops. The most important provisions are:
In the case of economic damage (e.g. when organic or conventional farmers cannot sell their products due to the presence of GM material), the neighbouring farmers growing GM crops are liable.
If it is not clear which farmer has caused GM contamination, the principle of joint and several liability will apply, where all neighbouring GM farmers who could have been responsible for the contamination will be liable.
A publicly available site register will be set up, which will contain precise information about where GM crops are intended to be grown.
Friends of the Earth's GM Campaigner Clare Oxborrow said:
"This law gives GM growers and operators a strong incentive not to contaminate neighbouring fields, helping to protect the freedom of choice for consumers and farmers. It should provide a benchmark for similar moves in the UK and across Europe. If the UK Government is determined to grow GM crops in the UK, it must introduce tough new laws to prevent GM contamination of our crops and food".
Friends of the Earth said they were however concerned by weaknesses in the German law which virtually ignores damage to the environment from GM crops. Protection for Ecologically Sensitive areas is restricted to "Natura 2000" sites, which form a mere 2.5 per cent of land in Germany.
Friends of the Earth is also concerned that the European Commission may already be planning to attempt to overrule the law by taking Germany to the European Court of Justice. The Commission has already hinted at this in a leaked document from July 2004 [3]. Friends of the Earth firmly believes that the European Commission should not threaten the protective measures and civil rights put in place by member state Governments.
[1] An English summary of the German law is available
www.foeeurope.org/GMOs/gmofree/Coexistence.htm
[2] The UK Government is planning to consult on practical measures designed to allow up to 0.9 per cent GM contamination of non-GM crops. "Defra will consult on: a proposal that farmers growing GM crops should comply with a code of practice on co-existence which has statutory backing, with the aim of ensuring that unwanted GM presence in non-GM crops is within the 0.9% labelling threshold adopted by the EU. www.defra.gov.uk/news/2004/040716a.htm. The current limit of detection for GM contamination is agreed to be 0.1 per cent.
[3] Hard copy (in German) available from Geert Ritsema
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