Ghent, Belgium
December 30, 2008
The Council of State has consigned
the federal ministers Magnette and Onkelinx’ decision to refuse
a permit for a field trial with genetically modified poplars to
the wastepaper basket. These poplars are intended for the
sustainable production of biofuels. The Council of State rules
that the refusal causes severe damage to VIB as an institute,
and that the arguments used are not legal. The refusal has now
been suspended, awaiting a verdict to all intents and purposes.
In its fight against the wrong suffered,
VIB feels very much reinforced
by the ruling of the Council of State, Belgium’s highest
juridical court. However, this does not mean that the modified
poplars can now be moved to the field. The suspension of the
decision is an important step in the legal battle. VIB reckons
that the next step will indeed be the nullification of the
refusal. The ministers then will be forced to come up with a new
decision, taking into account the Council of State’s verdicts.
The concerned poplars possess a modified wood composition, which
makes them more suitable for the production of bio-ethanol.
Bio-ethanol can play an important role in the battle against
climate warming. When they are grown in a greenhouse, they yield
up to 50% more bio-ethanol than non-modified poplars. VIB
requested a permit for a field trial, but this request was
denied. The field trial, however, is necessary to investigate
whether the poplars, when cultivated in realistic practical
circumstances – exposed to the seasons, weather and wind,
insects and plagues, a genuine soil – will also yield wood that
can be converted more easily into bio-ethanol. VIB has an
international reputation to defend in this field of research. At
the exact time the field trial was blocked by the Belgian
ministers, VIB received 1.6 million dollars from the American
Global Climate and Energy Project, managed by Stanford
University, for further research.
Arguments rebutted
The ministers had used three arguments for their refusal. First:
the file contains no specific assessment protocol for the effect
on microbes in the ground, and for the risks of the poplars
reacting strangely to diseases and climate stress. The Council
of State replies that the experts of the Biosafety Council
explicitly have stated to have enough data to assess the riscs
involved. Secundly, the ministers argue that in the development
of the trees, a 'marker gene' is introduced for resistance
against an antibiotic. This would be an infringement of the
legal requirement to extinguish the use of such genes by the end
of 2008. Here too, the Council of State follows the Biosafety
Council, which explicitly said that the gene involved poses no
risk to public health nor environment. Thirdly, the ministers
stated they could not grant permission while there is a public
discussion on the relevance of biofuels. This argument has
nothing to do with safety, replies the Council of State.
The Council of State adds that the refusal of the filed tests
“can endanger the further financing and even existence of VIB”,
that the investment in ten years of top research “treatens to
become nullified”, and that the refusal of the field test can
have negative consequences for the Belgian biotech-sector and
for the investments in that sector.
Flemish Poplars Abroad
In the mean time, in spite of the Council of State’s ruling,
VIB still does not have a permit for the field trial. Already a
whole year has been lost. Nevertheless, VIB would like to ensure
that the trial is launched for the 2009 growth season. More than
anything, it would like to do so in Flanders, close to the
related research centre, as was originally planned. This,
however, requires the ministers’ willingness to come round and
revert their decision.
VIB’s minister of tutelage, Patricia Ceysens, Minister of
Science and of Economical Affairs, has ordered to avoid the
research being wasted. VIB has, by way of guarantee, started off
on two alternative paths. Recently, VIB has also filed a permit
request for the field trial in the Netherlands. It already got a
positive advice of the Dutch Commission on Genetic Modification,
and is following its normal administrative course. When this
request will be granted – and VIB cannot think of any reason why
this should not be the case – it will again demonstrate the
controversial nature of the Belgian decision to deny such a
permit. In the meantime, the trees VIB had cultivated for the
2008 growth season have already been placed in open air in
Germany. In Germany, there was visibly no problem whatsoever
with putting the trees outside. Evidently, strict safety
procedures have been followed, as these would have been followed
in Flanders.
BACKGROUND
VIB has put up a website with an extensive background file on
the matter. There, you can find more information on
biotechnology, biofuels, genetically modified poplars,
legislation on genetically modified plants, as well as on the
chronology of the poplar file’s calvary up till now.
www.vib.be/poplar
Wout Boerjan is leading the research on the molecularly
improved poplars. He is head of the research group Bio-Energy in
the VIB Department of Plants Systems Biology, UGent – which is
managed by Dirk Inzé.
VIB is a not-for-profit research institute conducting
pioneering research in the life sciences. About 1100 scientists
and technicians carry out fundamental research into the
molecular mechanisms that see to the functioning of the human
body, plants, and micro-organisms.
Thanks to a close partnership with the four Flemish universities
of Ghent, Louvain, Antwerp and Brussels, and a solid investment
program, VIB unites the forces of 65 research groups into one
institute. The goal of their research is to push out the
frontiers of our knowledge in a fundamental way. Through its
technology transfer activities, VIB aims to convert research
results in products that benefit consumer and patient. VIB
develops and distributes a broad range of scientifically sound
information about all aspects of biotechnology. For more
information, please visit www.vib.be.
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