|
|
AEBC/03/04
CONSUMER CHOICE AND COEXISTENCE
NOTE ON EMERGING ISSUES
1. The draft of the report of the Consumer Choice and Coexistence Sub-Group is still at an early stage. To help in its work, the sub-group would welcome views on some of the issues which are emerging for decision, as outlined in this note.
ISSUE 1 CONTEXT AND SCOPE OF THE REPORT
2. The purpose of this report is to examine the importance to people of the diversity of agricultural production systems in the United Kingdom, considering how far it would be practicable for existing systems to co-exist with the commercial production of genetically modified (GM) crops. This is potentially an extremely wide area.
3. The sub-group is conscious of the pressure of time. The GM public debate will get underway next month. Decisions on the commercial production of GM crops in the UK are imminent:
- In the UK, the present voluntary agreement between the Government and SCIMAC that there would be no “general unrestricted cultivation” of GM crops applies until the results from Farm-Scale Evaluations are available (which is likely to be late summer this year). The T25 GM variety of maize already has Part ‘C’ clearance and seems likely to be listed on the national seed register soon, and subject to clearance of use of the associated herbicide under the pesticide regulations, there will be no legal impediment to UK farmers planting it in spring 2004.
- At EU level, there is pressure to end the current de facto moratorium, not least through the WTO. There could be a shift to allowing some policy decisions to be made by Member States: discussion is beginning on allowing them to possibly introduce at national level “farm management measures for the purpose of reducing the economic consequences that can result from the coexistence of different farming systems”; and economic liability is being considered at Member State level. Meanwhile new thresholds are being agreed or considered for adventitious presence in non-GM food, feed, and seeds.
So this report is needed quickly, as one input to the wider picture – which includes the work of the AEBC liability sub-group, the three-strand public dialogue (the public debate, the review of science around GM, and the economic study). The sub-group therefore proposes to define the scope of this report as follows:
- It will build on the AEBC’s previous work on fundamental attitudes towards GM crops rather than re-visiting those issues, while explaining that the possible coexistence of GM and other crops represents only one aspect of consumer interest in GM crops.
- It will consider briefly what is involved in offering a true choice to consumers, while noting that farmers also claim the right to choose what crops to grow and in what way, and recognising that choice is only one factor in consumer decision-making and that delivering consumer choice goes wider than coexistence.
- It will restrict its detailed analysis to the first generation of GM crops which might be commercially grown in the UK (maize, sugar and fodder beet, and oil seed rape). It will recommend that a similar analysis should be undertaken later for other crops (for example GM wheat and GM crops grown for pharmaceutical uses).
- It will concentrate on the possible effects of coexistence on present farming patterns in the UK, while recognising that these may change in future irrespective of the decision on GM crops.
- It will focus on agricultural production as far the point of delivery of the crop to its immediate buyer.
4. As previously agreed by the Commission, the report will be published simultaneously with the liability report, with the reports having complementary conclusions and recommendations.
5. The sub-group would welcome views on the proposed scope of the report.
ISSUE 2 IS COEXISTENCE TECHNICALLY POSSIBLE?
6. The EU has established thresholds above which foods must be labelled as containing or being produced from a GMO. Present proposals would require such labelling if the food contains or is produced from products with an adventitious presence of GMOs exceeding 0.9% (whether or not there is DNA or protein of GM origin in the final product). At present, no threshold has been set at EU level for food to be described as organic; the ideal of the UK organic licensing bodies would be zero GM content; in practice 0.1% is generally recognised as the lowest detectable level. And UK supermarkets are said to be operating a de facto 0.1% threshold not merely for products described as organic, but for a wide range of their “non-GM” own products. There are also thresholds (actual or proposed) for animal feed and for seed.
7. The adventitious presence of GM plants in a non-GM crop may cause an end-product intended to be sold as non-GM or as organic to fail to meet the relevant threshold. In order to ensure that adventitious presence remains below the desired level when the farmer delivers the crop to the buyer, attention must be given to:
- adventitious presence of GM seed in non-GM seed;
- geneflow through cross-pollination between GM and non-GM crops;
- volunteer populations of GM plants in non-GM crops;
- product integrity up to the point of delivery.
The report will consider how these elements would have to be managed in order to maintain consumer choice if the commercial production of GM crops were to be permitted in the UK.
8. On the farm, the management measures could include – depending on the crop - separation distances between GM and non-GM crops, cleaning machinery, control of volunteers, crop rotation, separate storage of seeds and crops, buffer zones or pollen-barriers. (It is important to note that separation distances are not the only or necessarily the most important possible measure.)
9. The sub-group is assembling information on these issues for the three crops being considered, in order to highlight for each the critical control points for maintaining separation between GM and non-GM material. The preliminary results appear to suggest that:
- Coexistence of GM sugar beet and fodder beet with conventional and non-GM agriculture would probably be relatively straightforward, provided good farming practice was adhered to and the necessary control of bolters and weed beet was performed (farmers remove both bolters and weed beet in any case because they degrade the value of the crop and weed beet in particular affects the profitability of succeeding crops).
- Meeting the threshold of 0.9% which will be required by EU legislation for “non-GM” food should not present too much difficulty in practice for maize or fully-fertile oilseed rape (varietal associations and partially-restored hybrids of rape were harder to predict, but we understand that these comprise less than 5% of the annual crop planted in England, possibly a little more in Scotland), subject to having separation distances of up to 200m (possibly less) and some other on-farm measures.
- Meeting the de facto threshold of 0.1% likely to be required for products to be described as “organic” (and perhaps to meet the “non-GM” criterion for supermarkets’ own brands) for rape and maize would sometimes be difficult and in some places impossible to guarantee by using separation distances and other changes in agricultural practice. Very little organic oilseed rape is grown at present in the UK; fodder maize and sweetcorn production are more important organic crops.
10. Changes in agricultural practice are likely to have associated costs. So will the increased need for testing (depending on the rate of take-up of GM crops), which may also place a strain on existing testing resources. The report will attempt to estimate these costs and consider where they might fall, liaising with the Prime Minister’s Strategy Unit and drawing on its analysis where possible.
11. The sub-group will also seek further information on the degrees of confidence one can have that particular separation distances will deliver a particular threshold – combined with other measures as necessary. It will do so to the extent required to make judgements about the practicability of delivering particular thresholds and the likely extent of breaches of thresholds; and consider whether any further research on this would be justified.
12. The sub-group would welcome comments on this approach.
ISSUE 3 POSSIBLE OPTIONS
13. No recommendations on the way forward can be formulated until more information has been analysed. But in the meanwhile the sub-group has been considering the range within which the recommendations might fall, and has identified a number of options for discussion. It is searching for arrangements which could:
- preserve choice
- command broad support
- be achievable within the constraints (actual or potential) of EU legislation
- be practicable in terms of farming practice
- be economically viable
14. The following options seem unlikely to meet the criteria outlined above:
- Pressing for higher EU thresholds for non-GM food crops to make coexistence more easily achievable (not welcome to large sectors of the public; Council has only recently reached its decision and is unlikely to reopen the issue).
- Allowing commercial production of GM crops in the UK without any sort of “coexistence regime” (effects not yet clear, pending results of analysis, but seems likely to make ensuring coexistence even between GM and conventional non-GM impossible or very difficult for at least some crops and so would restrict choice for consumers and farmers; liability sub-group have concluded that a coexistence regime much better than reliance on the law to deal with possible disputes; disputes between farmers more likely if commercialisation went ahead).
- Banning all commercial production of GM crops in the UK (would restrict choice for consumers and farmers; would require revisiting EC legislative framework; would not necessarily ensure thresholds met because of possible adventitious presence in non-GM seed).
- Introducing compulsory regional zoning of GM/organic crops (would contravene farmers’ freedom of choice; would require buffer zones and monitoring of volunteers and of unauthorised growing within the ‘GM-free’ zone; contrary to EC law).
15. A more promising approach seems likely to be a series of crop-based protocols for coexistence, possibly overseen by the British Society of Plant Breeders (BSPB) or some other body, within the existing framework for seed crops. The requirements included in the protocols would be based on the information referred to above. They should probably apply UK-wide, but allow for relevant regional differences, for example in farming practices or volunteer persistence. It might be possible to use the existing seed production statutory framework, so that the BSPB could on the instructions of the agricultural biotechnology companies stipulate that the GM crop seed was sold only to farmers who would be contractually obligated to the terms of the protocol. A key concern would be ensuring compliance. Since commercial production of GM crops, if it goes ahead, would seem likely to increase slowly, the protocols could be introduced on a trial basis with a commitment to adjust them if necessary in the light of experience. The evidence so far available suggests that this approach could be successful in achieving coexistence between GM and non-GM products, meeting the threshold of 0.9% of adventitious presence. There would be a question of who should pay for independent monitoring of the extent of adventitious presence and compliance with protocols.
16. For organic products a de facto threshold of 0.1% of adventitious presence is currently used in the United Kingdom. It seems that for some crops the sort of measures which might reasonably be included in protocols could not achieve that level. So the protocol approach alone seems unlikely to ensure coexistence between GM and organic products for all crops in all places. The sub-group is considering whether there are other feasible solutions to preserve this choice. Imaginative thinking may be required.
17. There is a question of whether any protocols should be voluntary or statutory. It is not clear that Member States would be free to legislate in this area outside an EC framework.
18. The liability sub-group is considering options to deal with the case where there is no evidence that protocols have not been followed but an adventitious presence threshold is breached with a consequent economic loss (cost lies where it falls; insurance; an industry or Government fund to deal with ‘rare’ cases of this sort).
19. The sub-group would welcome views both on the criteria by which options should be judged and on the individual options suggested.
Future activities of the sub-group
20. The sub-group and secretariat will attend the EU round-table on coexistence on 24 April. The sub-group is holding a stakeholder seminar on 28 April to test out its emerging thinking where it will test with farmers the practicability of protocols and how they could be enforced; explore how best to deal with a 0.1% threshold for oilseed rape and maize; seek retailers’ views on the thresholds they expect to use; and possible wider environmental goals that could be achieved through protocols. It will bring a draft report to the May AEBC meeting supplemented as required by an oral report from the stakeholder seminar.
AEBC Secretariat
March 2003
|
 |