EUROPEAN AG AND ENVIRONMENT COUNCILS AGREE ON GMO REGULATIONS
The European Councils of Agriculture and Environment Ministers, meeting on 28 November and 9 December respectively, reached political agreement on the European Commission’s proposed labelling and traceability regulations, despite objections by Luxembourg, the UK, Austria and the Netherlands. Specifically, Ministers agreed on a 0.5 percent threshold for the adventitious presence of genetically modified organisms (GMOs) that are unauthorised but have nevertheless been assessed as risk-free. The European Commission had proposed a threshold of one percent, which was amended to 0.5 percent by the European Parliament during the regulations’ first reading (see BRIDGES Trade BioRes, 11 July 2002). In addition, Ministers agreed on a minimum threshold of 0.9 percent below which GMOs would be exempted from labelling requirements. Once the text has been finalised, a Common Position will be adopted at the forthcoming Council sessions. The Position will then be forwarded to the European Parliament for the second reading.
In related developments, a decision on whether to challenge the continued EU de facto moratorium on the approval of new GMOs — in place since 1998 — will reportedly be taken at the next US cabinet-level meeting. While some US officials believe that the Bush administration has a strong legal basis for a WTO challenge, others fear a possible consumer backlash in Europe and have expressed doubt that a ruling against the moratorium would result in a change in EU policy.
ICTSD reporting.
CHINA’S EXTENDS TRANSITION PERIOD FOR GMO IMPORT REGULATIONS
China has postponed entry into force of its import regulations for genetically modified organisms until 20 September 2003. The regulations were originally scheduled to come into effect on 21 December 2002. During the transition period, imports will still be required to obtain preliminary safety approvals. The application for such permits will need to be accompanied by a safety certificate from the country of origin rather than from a third country as under the previous temporary rules. This new requirement could create difficulties for Brazilian soybean importers, as the South American country has not yet approved the use of the GM soybeans and will not certify local exporters. Despite the moratorium, illegally planted GMO soy is thought to be becoming increasingly widespread, in particular in Brazil’s South due to smuggling of seeds from Argentina.
“China says unaware of GMO soy deal with Brazil,” REUTERS, 3 December 2002.
DOLPHINS MIGHT STILL BE THREATENED BY TUNA FISHING, REPORT CONCLUDES
Dolphins in the Pacific are not recovering as quickly as could be expected given significant reductions in reported mortality associated with yellowfish tuna fishing, according to a report prepared by the Southwest Fisheries Science Center, NOAA Fisheries and the National Oceanic and Atmospheric Administration. Three hypotheses are identified to explain this finding, i.e. environmental changes, a lag period before recovery begins, and effects of purse-seine fishery (used for catching tuna) beyond the reported bycatch. The report, dated 23 August 2002 but not officially released to the public, comes just weeks before the US Department of Commerce has to decide on whether to weaken rules for labelling "dolphin safe" tuna. In 1991, Mexico had challenged the US regulations related to tuna fishing as incompatible with the national treatment requirement in GATT. While the dolphin-safe label was found to be compatible with the GATT, the Mexican government has continued to lobby for changes to the labelling requirements that would give its industry better access to the US market.
"Tuna still deadly to dolphins, U.S. agency find," ENS, 6 December 2002.
MEGADIVERSE COUNTRIES SET UP WORKING GROUP ON BENEFIT-SHARING
State Ministers and high-ranking representatives from the Group of Like-minded Megadiverse Countries at their meeting on 29 November in Cusco, Peru, agreed to establish an ad-hoc working group to develop a proposal for submission to the next meeting of the Group in Malaysia (2003) containing mechanisms to guarantee the fair and equitable sharing of benefits derived from the use of biological resources and associated traditional knowledge. These mechanisms should take into account, inter alia, the need to provide proof of prior informed consent of the country of origin of the genetic resources and/or traditional knowledge when submitting a patent application. This work is aimed at developing joint proposals by the Group in international forums, including the WTO, WIPO and the negations of an international regime on benefit-sharing as called for the in the Plan of Implementation adopted at the World Summit on Sustainable Development.
The Group of Like-Minded Megadiverse Countries is a consultation and cooperation mechanism that aims to promote the countries’ common interests and priorities related to conservation and sustainable use of biological diversity. It includes Bolivia, Brazil, China, Colombia, Costa Rica, Ecuador, the Philippines, India, Indonesia, Kenya, Malaysia, Mexico, Peru, South African and Venezuela.
ICTSD reporting.