European Commission to investigate South West GM incident

4.05.00pm BST (GMT +0100) Thu 18th Jun 2009

South West Liberal Democrat MEP Graham Watson has called on the Government to come clean on GM crops being grown in the region. In 2008 GM oil seed rape was accidentally mixed with regular seeds and grown somewhere in South Somerset. The Government is refusing to provide full details of the incident. Following Mr Watson's intervention the European Commission has said it will investigate whether the EU Law has been infringed.

Speaking today Graham Watson commented;

"Many people are concerned about the development of GM crops. These fears are best addressed by honesty and transparency.

The EU has passed legislation to make sure that GM crops are strictly monitored and ensure the public is informed and consulted on GM issues."

In April this year Graham raised the incident in a written Parliamentary Question. Graham has just received a reply from the European Commissioner for the Environment. Commenting on this reply Graham said;

"I am shocked that the British Government has failed to provide information on this incident to either local people or the Commission. There is an endemic culture of secrecy on this issue. It's possible in failing to do so the Government has failed to fulfil its legal obligations. A recent European Court case reiterates that Countries can't just cover these kind of things up."

Editors notes:-

Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms follows the precautionary principle in view of the potential risk to the environment and human health of the release of genetically modified organisms (GMOs). The Directive therefore strengthens the legislative framework improving the efficiency and transparency of the authorisation procedures for such the release and placing on the market of GMOs and introduced mandatory public consultation and GMO labelling.

A Parliamentary Question in the House of Commons by Liberal Democrat MP, Jeremy Browne on 28 January 2009, where the Government confirmed that a trial took place within the boundaries of South Somerset District Council's area. However the Minister stated they did not believe it would be appropriate to disclose the precise location, in part because this would 'not be in the public interest'.

On 17 February in a separate case the European Court of Justice (Commune de Sausheim v Azelvandre (Case C 552/07); [2009] WLR (D) 64, ECJ) clarified that Member States cannot cover up the location of GM sites where genetically modified organisms have been released.

In light of this Graham raised the following written Parliamentary Question, in part to establish if the ECJ case was applicable in his case.

"Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms rightly requires Member States to observe the precautionary principle so as to protect human health and the environment.

In 2008, a new variety of oil seed rape was trialled within my constituency. Within the conventional seed which was trialled, GM seed of a type approved by the EU for food and animal feed, but not for cultivation, was mixed in with the conventional seed which was trialled. The UK authorities have decided not to monitor the local area for cross-pollution contamination in neighbouring areas or farms.

Is the Commission aware of this incident?

The UK Government has announced that the trial took place within the boundaries of South Somerset District Council's area. However Ministers have stated they do not believe it would be appropriate to disclose the precise location, in part because this would 'not be in the public interest'.

In light of the recent case before the ECJ (Commune de Sausheim v Azelvandre (Case C 552/07); [2009] WLR (D) 64, ECJ) which clarifies that Member States cannot cover up the location of sites where genetically modified organisms have been released, will the Commission encourage the UK Government to observe this judgment with regard to this incident?"

On 15.06.09 the Commissioner Stravros Dimas, EU Commissioner for the Environment provided the following response. Graham will now be pressing the Commission for follow up information.

E-3366/09EN In accordance with Article 6(9) of Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms (GMOs), Member States shall ensure that no material derived from GMOs which are deliberately released in accordance with Part B (field trials) is placed on the market. Moreover, in accordance with Article 4(5) of the Directive, in the event of a release of a GMO for which no authorisation is given, the Member State concerned shall ensure that necessary measures are taken to terminate the release or placing on the market, to initiate remedial action if necessary, and to inform its public, the Commission and other Member States.

With regards to the incident mentioned in the written question, the Commission has received no information from the United Kingdom (UK) authorities and is currently investigating with them about the background of the case. Part of the investigation will also concern the issue of the disclosure of the location of the release, in accordance with ruling C-552/07 of the Court of Justice.