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New German law will help to keep Europe GMO free
Brussels, 26 November. Friends of the Earth Europe today welcomed the adoption by the German Parliament (Bundestag) of a new law that protects
consumers and farmers against the risks of genetically modified (GM) foods and crops. The law introduces the principle that GM farmers and GM
operators are financially liable for economic damage caused if their crops contaminate non-GM products.
The most important provisions of the law are:
- In 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 the contamination the
principle of joint liability of all neighbouring GMO farmers will
apply. That means a farmer who has sustained damage will be free to
decide which neighbour to claim compensation from.
- A register with precise information about where GM crops are
intended to be released will be publicly available.
Friends of the Earth believe that these provisions will give GM farmers
and GM operators a strong incentive not to contaminate neighbouring
fields, thus helping to ensure the freedom of choice for the
overwhelming majority of German and EU consumers that do not want to eat
GM foods.
Geert Ritsema of Friends of the Earth Europe said: " This law is good
news for hundreds of millions of Europeans who do not wish to
participate in the biggest biological experiment of our time and who
want to eat food that is GM-free. This law should now be the benchmark
for similar legislation in other EU member states."
Nevertheless, the German law also contains loopholes and could still be
improved. Most importantly, the law hardly covers damage to the
environment as a result of GM crops. In effect, the protection that the
law offers for ecologically sensitive zones is restricted to Natura 2000
areas, which only form 2,5 % of the surface of Germany. Field trials,
the use and handling of GM crops in such areas are only allowed if GMOs
donīt damage the environment. An open question is how a competent
authority can proof that GMOs threaten the environment in a way that a
ban in a special area is justified.
Friends of the Earth is concerned that the European Commission might
want to overrule the German law by taking Germany to the European Court
of Justice. In a leaked document (available from Friends of the Earth)
from July 2004 the Commission already hinted in this direction. Friends
of the Earth firmly believes that the European Commission should not
threaten the protective measures and civil rights that the German
Parliament has put in place.
Contact: Geert Ritsema, Friends of the Earth Europe: mobile 00 31 (0)6
290 05 908
Heike Moldenhauer: BUND/Friends of the Earth Germany: 00 49 (0)30-275 86
456 or +49-(0)179-8138088 (mobile)
An English summary of the German law is available from this website of
the German Federal Ministry of Consumer protection and Agriculture:
http://www.verbraucherministerium.de/index-000265812B89107E9DEC6521C0A8D816.html
Friends of the Earth
Europe campaigns for sustainable and fair societies and for the
protection of the environment,
unites more than 30 national organisations with thousands of local
groups
and is part of the world's largest grassroots environmental network,
Friends of the Earth International.
