Scottish Government

This item was published during the term of a previous administration that ended in April 2007

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Proposals to control GM presence

01/08/2002

New proposals were published today which should strengthen regulations to control the levels of GM elements found in conventional seeds.

These European Commission proposals include maximum thresholds for the presence of GM material in conventional seed and requirements to minimise, monitor and test for such occurrence.

Today's consultation seeks views of interested parties in Scotland to so that these can be taken into account before the UK votes on the EC proposals.

The Scottish Executive has previously consulted on the Commission's earlier draft proposals. Today's proposals are expected to be the final version.

Following the discovery in 2000 that oilseed rape imported into the Community from Canada contained a GM presence, it was agreed that there was a need for the EU regulatory framework to be clarified and strengthened to deal with such cases.

The European Commission published interim measures in October 2000 and brought forward draft proposals for legislation in January 2001. The proposals have undergone considerable revision as regards their detail and previous versions have been the subject of consultation in January and June of 2001.

The comments received on these occasions helped frame the UK's position in the Brussels discussions. These latest proposals in the form of a draft Directive amending the various seeds marketing Directives are likely to be the final opportunity for interested organisations to comment before these are voted upon.

The main elements of the revised proposals are:

1. Introduce maximum thresholds for the unintended presence of approved GMOs in non-GM seeds. The thresholds would be set at levels such that crops produced from these seeds should not contain GMOs in excess of the 1 per cent labelling threshold for food and feed. The proposed thresholds are:

2. - 0.3 per cent for seeds of oilseed rape

   - 0.5 per cent for seeds of beet, maize, cotton, tomato and chicory

   - 0.7 per cent for seeds of soya bean

3. Allow the marketing of seeds above these thresholds, providing the seeds have been labelled as exceeding the thresholds and that the label indicates the original transformation event(s) of any genetically modified seeds.
4. Require good practice for seed production to minimise admixtures and undesirable gene flow through the whole seed production chain.
5. Require seed producers to supply evidence to satisfy national authorities that they have taken appropriate steps to avoid the presence of GMOs, since the threshold is only applicable where GM presence is unintended.
6. Require seed to be tested in accordance with a Commission Regulation (not yet available) on a protocol for the sampling and testing of seed lots of non-genetically modified varieties for the presence of genetically modified seed.
7. Require national authorities to carry out these tests in all cases where there is reason to believe the requirements may not have been satisfied. The tests need not be carried out where the authorities determine that routine testing need not apply (e.g. in areas where GM crops are not grown) provided that checks are carried out on a targeted basis.
8. Require genetically modified varieties (i.e. varieties that have been deliberately genetically modified) to be labelled with the words 'genetically modified variety' together with information that specifies the original transformation event.

The Commission had considered placing an upper limit on the marketing of seeds (appropriately labelled) that exceeded the thresholds of 0.3 per cent, 0.5 per cent and 0.7 per cent for individual species and tentatively suggested that this should be set at 5 per cent.

Some Member States could accept an upper limit no higher than 1 per cent but the Commission maintained that an upper limit of 1 per cent itself would be too close statistically to the thresholds of 0.7 per cent and 0.5 per cent.

The expert statistical advice was that for seeds with a true adventitious presence between 0.7 per cent and 1 per cent, the decision on whether or not to label or to prohibit marketing would be inaccurate in 50 per cent of the cases.

The comparable position for the 0.5 per cent threshold was a decision error rate of 24 per cent. Consequently, the Commission has made no proposals for an upper limit in its proposals.

Copies of the Consultation letter, outlining the Commission's proposals can be viewed on the Scottish Executive website or viewed on the open file kept in the library at Saughton House. A copy is also available at the Parliamentary Library.

If you wish to comment on the Commission's proposals would you please do so in writing and either post, fax or email to:

Mrs Helen Stanley

Plants Horticulture & Potatoes
Scottish Executive Environment & Rural Affairs Department
Room 127
Pentland House
47 Robb's Loan
Edinburgh
EH14 1TY

fax: 0131 244 6509 or 0131 244 6539
email: helen.stanley@scotland.gsi.gov.uk

Comments on the proposals are required by 12 September 2002.