Italian GMO ban could spread

URL: http://www.nature.com/cgi-taf/DynaPage.taf?file=/nbt/journal/v18/n11/full/nbt1100_1137.html

Nature Biotech, November 2000 Volume 18 Number 11 pp 1137 - 1138

Anna Meldolesi                  

Anna Meldolesi is a freelance writer working in Rome.

                  The European Commission is under renewed pressure to

                  reverse unjustified bans on GM products following Italy's

                  rejection of GM maize produced by Monsanto, Novartis,

                  AgrEvo, and Pioneer. In the first case of its kind, Italy is

                  challenging the definition of "substantial equivalence" in

                  boycotting GM products. If the Commission fails to act and

                  unblock the regulatory impasse that has dogged the reversal of

                  previous unjustified bans, it could be opening the doors to a

                  new wave of embargoes that could be far more widespread.

 

                  The European Commission's Standing Committee on

                  Foodstuffs is currently reviewing Italy's ban of the GM maize.

                  The UK Advisory Committee on Novel Foods and Processes

                  found the products to be substantially equivalent to conventional

                  products between 1995 and 1997 and the Commission,

                  therefore, approved them for EU-wide commercialization

                  without the need for special safety testing. In a first for the EU,

                  the Instituto Superiore di Sanita (Italian National Institute of

                  Health) has challenged this ruling, claiming the products are not

                  substantially equivalent to unengineered products because they

                  contain traces of foreign Bt protein. As a result, the Italian

                  government has banned the products, citing article 12 of the

                  European regulation 258/97 covering novel foods and

                  ingredients. According to article 12, an EU member state may

                  ban a product if it has new reasons to believe the food

                  endangers human health or the environment.

 

                  Paola Picotto, who is a member of Italy's Committee on

                  Biotechnology, says "We have found [the products] present a

                  level of foreign proteins between 0.04 and 30 parts per million.

                  So according to a strict interpretation of the substantial

                  equivalence rule, they can't be commercialized without

                  undergoing a full authorization procedure."

                  Until now, the banning of the sale and use of GM products by

                  individual EU member states has focussed on article 16 of the

                  European directive 90/220 covering the deliberate release of

                  GMOs into the environment. This clause allows a country to

                  temporarily ban a product if there are "justifiable reasons" for

                  doing so—basically, new scientific evidence that the product

                  constitutes a risk to human health or the environment. Following

                  invocation of article 16, the European Commission's scientific

                  committees review the evidence. If the committees cannot

                  justify a ban scientifically, a reversal of the ban requires a

                  majority vote from the Regulatory Committee, which comprises

                  EU state representatives. If the Regulatory Committee fails to

                  reach a majority decision by a deadline set by the Chair, the

                  Commission is supposed to provide a draft of proposals (in line

                  with its scientific committees' findings) to the Council of

                  Ministers, which comprises environment ministers from EU

                  member states. If a majority decision by the Council of Ministers

                  is not reached within three months, then the Commission is

                  supposed to make a definitive ruling by adopting the proposals

                  it came up with after reviewing the scientific committees'

                  findings. This process is supposed to ensure the reversal of

                  unjustified bans.

 

                  However, the reality is very different. There are currently 8 such

                  bans (from 5 countries) outstanding (see Table 1). Countries

                  have cited such concerns as Bt-resistance, negative affects of

                  Bt pollen on non-target organisms, and outcrossing of GM

                  plants with wild relatives. While the two most recent

                  cases—Novartis's Bt corn in Germany and AgrEvo's GM maize

                  in Austria—are still under review, the European Commission's

                  scientific committees have found none of the others justifiable

                  (http://europa.eu.int/comm/food/fs/sc/scp/index_en.html). But

                  rather than being actively reversed, the bans remain; Austria's

                  and Luxemborg's ban of Novartis' Bt maize, for instance, are

                  still in place after three years.

 

                  The problem is that there is a political block at the points where

                  a majority vote is required from member states—at the

                  Regulatory Committee and at the Council of Ministers. For

                  instance, the environment ministers of France, Italy, Austria,

                  Luxembourg, and Denmark have agreed not to vote on matters

                  concerning GM products at least until 90/220 has been revised,

                  effectively preventing the Council of Ministers from being able to

                  gain a majority vote (Nat. Biotechnol. 18, 589;MEDLINE).

                  Moreover, the European Commission has made no attempt to

                  take charge of the situation, resulting in a regulatory impasse

                  whereby not only are unjustified bans not reversed, but there

                  have been no new approvals for GM products since October

                  1998. Article 16 of 90/220 has, in effect, become a political

                  instrument for arbitrary bans.

 

                  The fear now is that Italy's case will go the same way, opening

                  up article 12 of 258/97 to abuse. In September, the

                  Commissions' Scientific Committee on Food found Italy's

                  invocation of article 12 not scientifically justifiable. The

                  Commission's Standing Committee on Foodstuffs, like the

                  Regulatory Committee in the 90/220 cases, is now required to

                  come up with a majority vote. If it fails to do so, as in the 90/220

                  cases, the matter will fall to the Council of Ministers. Failure of

                  the Commission to act if there is a deadlock would be

                  particularly grave because banning of the four types of GM corn

                  would extend to thousands of food products that contain them

                  as ingredients.

 

                  Meanwhile, the Council of Ministers is currently considering a

                  revised 90/220 and is expected to vote by the end of this year.