London (December 22nd, 2005) – The European Commission’s perverse decision to endorse Denmark’s plans for dealing with GM crop co-existence and liability has a distinctly political whiff about it. We should not be surprised – EU Farm Commissioner Marian Fischer Boel was previously Denmark’s Agriculture Minister and in her present role has frequently championed the Danish approach as a blueprint for the rest of Europe.

In rubber-stamping the Danish model, however, the Commission appears to have lost sight of the guiding principles it set out for Member States to follow back in 2003. At the very heart of these recommendations was a requirement for arrangements to be proportionate and non-discriminatory.

Some practical aspects of the Danish co-existence measures have been well thought-out and reflect the guidance that Member States should build on existing arrangements at the farm level. But how on earth can it be considered proportionate and non-discriminatory for Danish farmers wishing to adopt GM crops to be forced to pay an arbitrary tax of €13.40 per hectare to do so? How has that particular figure been arrived at – why not €134.00 or €1.34? What level of price differential does it anticipate between GM and non-GM crops? More importantly, what if there is no price differential?

These are extremely dangerous questions for Government regulators – normally concerned with issues such as protecting human health or food safety – to get themselves embroiled in. Worse still, it sends a green light for other Member States to erect further political barriers to the development of GM technology by imposing an arbitrary tax on its adoption by growers.

Co-existence is essentially an economic and market-related issue. It is not about safety. Quite rightly, all GM crops must undergo rigorous, science-based safety assessment on a case by case basis. Once approved, however, there is no basis to suggest they should be treated any differently from other products.

Where GM crops are being grown on a large scale in other parts of the world we do not see farmers routinely suing each other or claiming compensation. This is because farming takes place in the open air and co-existence is a fact of life.

In Europe, Spain is growing more than 60,000 ha of GM maize without any specific provision for compensation, nor any evidence over the past five or six years to suggest such a regime is necessary.
Within the UK, co-existence in agriculture is not a new concept. Arrangements are in place to support the co-existence of:
• crops for industrial and human food use (e.g. High Erucic Oilseed Rape and food grade oilseed rape);
• certified seed and non-seed crops;
• human food and animal feed crops (e.g. sweet corn & forage maize).

Co-existence between GM and non-GM crops can be delivered through proven systems such as these, which involve mutual co-operation and communication between farmers who share a vested interest in delivering products to meet their customers' requirements. There are no compensation schemes operating in relation to these crops, nor any basis (i.e. farmers routinely taking each other to court) over more than 40 years to suggest any such arrangements would be necessary.

The key to effective co-existence is a sensible, agreed definition of good practice. Such an approach would help to define the boundaries of reasonable and unreasonable behaviour, negligence and due diligence in respect of GM and non-GM crop production. This is the framework for existing principles of liability, and we should not seek to undermine or overturn such important legal precedents to satisfy the whim of prejudice or political expediency.

Source:

EC allows Danes to compensate for GM crop mixing. EU News (23.11.05) (http://www.checkbiotech.org/root/index.cfm?fuseaction=news&doc_id=11706&start=1&control=203&page_start=1&page_nr=101&pg=1)


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  Getting ready for “coexistence”