Agriculture and Environment Biotechnology Commission: Twenty-Sixth

Progress on co-existence measures in other Member States

Overview

We are aware of three EU member states which have issued detailed proposals on co-existence. These are Denmark, Germany and Luxembourg. In each case their proposals can be characterised as primary legislation which will then enable more detailed co-existence measures to be set in subsequent regulations.

While each EU Member State is responsible for developing its own proposals national co-existence measures are still subject to scrutiny by the European Commission. It is therefore not yet clear what final form the proposed legislation will take.

We understand that other Member States are in the process of developing proposals but the details of these are not yet confirmed. For example we are aware that a national co-existence plan has recently been presented to the Dutch Government by a Commission established by the Government for this purpose. This appears to propose an industry led voluntary approach to co-existence.

Detail by Member State if required

Denmark
The Danish Parliament passed legislation on national co-existence measures in June 2004. This provides for the Danish Government to set statutory rules on co-existence and liability.

In particular it allows for rules to be set that would:

only allow ‘approved growers’ to cultivate GM crops; and for those approved growers to have to undertake training.
require the GM growers to register, and for this information to be made public
set notification rules and crop specific measures to minimise GM transfer such as separation distances
provide for compensation to be paid to non-GM growers with a GM presence in their crop above a threshold to be set by the Danish Government. This compensation would be funded by a levy on each hectare of GM crop cultivation.

Germany
The German parliament has recently passed primary legislation on GMOs. This not only implements Directive 2001/18/EC but also provides for statutory co-existence measures.

In particular:

Establishes a public register of GM crop locations
Amends the German code of civil law to give the right to conventional or organic farmers to claim against neighbouring farmers growing GM crops in the event they have a GM presence in their crop.
Detailed crop specific co-existence measures are still being developed.

Luxembourg
Luxembourg has published a draft act on national co-existence measures which provides for statutory measures to be set in subsequent regulations.

In particular:

A two month notification period before sowing
3km separation distances for oilseed rape and beet, 800m for maize
Each GM grower will be required to take out a civil liability insurance contract.

Netherlands
A Commission, specifically established by the Government for this purpose, presented proposals for co-existence measures to the Dutch Government in November. These envisage an industry led voluntary approach

In particular:

Crop specific co-existence measures, including a notification rule and separation distances. Two sets of separation distances are proposed, a larger distance for GM crops near to those in ‘GM-free’ production chains and a shorter distance for the rest. For example the proposed distances for maize are 250m and 25m respectively.
Co-existence measures will be included in existing certified Good Agricultural Practice schemes. Membership of an appropriate scheme will be mandatory for GM growers.
On redress a GM grower will be liable if shown to be negligent in applying co-existence measures. In other circumstances a fund will be established supported by contributions from all sectors of the industry (not just GM).
A GM public register has already been established.

France
Nothing as yet definite but they have previously indicated their preference for a statutory approach and indeed that this would be modelled on the German legislation.

Italy
A draft law on co-existence was adopted in November. This delegates responsibility for detailed co-existence measures to the regions who will have until 31 December 2005 to submit their plans. GM crop cultivation is prohibited until 1 Jan 2006.

Austria
Action on co-existence appears to have been devolved to the regions. The Salzburg, Tyrol and Carinthia regions have each proposed draft legislation. In each case this would provide for detailed statutory measures on co-existence.