Berlin, Germany
February 12, 2009
USDA/FAS GAIN report GM 9005
http://www.fas.usda.gov/gainfiles/200902/146327219.pdf
Report Highlights:
Several German states have
implemented at least 800-meter separation requirements
between biotech corn fields and recognized “environmentally
sensitive areas”. Farmers who want to plant biotech corn
within this new protection area are requested to provide an
environment impact report assuring that no endangered
species will be at risk. These statelevel requirements are
connected to the German Nature Protection Law and not the
Genetech law. Farmers have taken the requirement to court.
No similar restrictions exist for other plant protection
technologies These state-level requirements are connected to
the German Nature Protection Law and not the Genetech Law.
Farmers have filed taken the requirement to court. No
similar restric tions exist for other plant protection
technologies.
Biotech corn cultivated near
environmentally sensitive areas
Summary: In several German
states, farmers interested in planting MON810 corn varieties are
facing new opposition from regional environmental protection
agencies. Environmentalists particularly in States of
Brandenburg and Sachsen claim that the cultivation of biotech
corn varieties may damage endangered species in protected
environmentally sensitive areas. As a result, they have been
successful in establishing a new requirement for a 800-meter
separation zone between biotech corn fields neighboring
“environmentally sensitive areas”. The authorities have
based this new separation requirement on the regulations of the
German nature protection law. It is possible that other German
Laender (State) authorities may follow the Brandenburg/Sachsen
example.
Background: Over the past two years, German
environmentalists have demanded that state authorities implement
separation distances between biotech corn fields and
“environmentally sensitive areas”, such as Flora-Fauna-Habitats
(FFH). These groups have been successful in Brandenburg, which
implemented a minimum 800-meter distance, and in Sachsen, which
implemented a 1000-meter distance.
Brandenburg
Specifically, the Brandenburg Ministry of Agriculture and
Environment (a Social Democrats run office) argues that the EU
biotech approval does not generally supersede national or state
nature protection laws. These are two separate unconnected sets
of law. The Brandenburg Ministry of Agriculture and Environment
contends that the established separation distance to allow
coexistence of different farming systems (150 and 300 meters in
Germany) is not providing sufficient protection for ecologically
sensitive areas. The local nature protection offices in the
state are responsible for managing this requirement directly
with farmers. Farmers have been sent letters indicating that if
they wants to plant biotech corn closer than 800 meters to an
‘environmentally sensitive area, they must provide an
environment impact report assuring that no endangered species
will be at risk. In the letter to individual farmers, the
regional nature protection office in Brandenburg indicates that
the Bt toxin is a biocide active agent which is approved for use
as an insecticide. It goes on to say that since tests have
proven that corn pollen containing the Bt toxin can travel
longer distances, it is not guaranteed that the cultivation of
Bt corn within the protection zone of 800 meters is not harmful
to the neighboring ecologically sensitive system.
The criteria and contents of the required impact report have not
yet been determined by the Brandenburg authorities. There is no
indication when it will be made available and how any
information provided will be evaluated. Since farmers are not in
the position to provide the required scientific impact report
cultivation of Bt corn within the 800 meter zone is not
possible.
Farmers in Brandenburg have taken legal action against the
restrictive 800 meter rule. A decision about the distance
requirement is expected for late spring or early summer 2009,
too late for 2009 corn planting. The farmers receive support
from biotech companies active in Germany.
Sachsen
The State of Sachsen implemented a protection zone of 1000
meters but it has different requirements from Brandenburg.
Sachsen authorities will look at each farmer’s intention to
plant Bt corn within the 1000-meter zone on a case-by-case
scenario. The Sachsen environment protection offices first will
do their own pre-impact check to determine whether a specific
endangered species is resident in the environmentally sensitive
area. If no
endangered species are identified, the farmer may be allowed to
plant Bt corn in the direct neighborhood of the environmentally
sensitive area. If an endangered species is identified, farmers
will be required to submit an impact report.
Different Treatment between Bt Corn, Plant Protection
Products, and Organic Bt Pesticides
These German states do not have specific rules covering the use
of other plant protection chemicals within the 800-meter
protection zone. However, there are case-by-case limitations
established by the EU depending on the active chemical substance
and the topography of the agricultural cropland and the
neighboring environment.
Special distance requirements for Bt insecticides used by
organic farmers within the separation zone of 800 or 1,000
meters do not exist. Bt insecticides are allowed to be sprayed
in direct neighborhood to environmentally sensitive areas.
The EU risk assessment for the approval of the biotech event
considers potential risks to sensitive areas. However, this does
not seem to satisfy the Brandenburg and Sachsen authorities.
Because these environmental regulations are developed and
implemented at the state level, the German Federal Government
has little control over their development or consistency with EU
regulation. |
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