November 29, 2004 (ENS): The lower house of
the German Parliament has approved a new law that protects
consumers and farmers against the risks of genetically
modified (GM) foods and crops. Led by the Social Democratic
and Green parties, the legislators adopted a measure
based on the principle that growers of transgenic crops
are financially liable for economic damage caused if
their crops contaminate organic or conventionally grown
The new law, passed on Friday, provides that when organic
or conventional farmers cannot sell their products due
to the presence of GM material, the neighboring farmers
growing GM crops are liable.
The measure now must pass the upper house of parliament.
The parliamentary procedure is likely to be completed
by the end of 2004, the German Agriculture Ministry
Growers of genetically modified crops have an obligation
to take precautionary action to prevent "material
negative effects" of of their crops, in particular
compliance with "good farming practice" in
the cultivation of GM crops, the law provides.
A "material negative effect" arises, the law
- products cannot be placed on the market because
of cross-contamination with genetically modified organisms
(GMOs). This situation may arise where owing to cross-contamination
with GMOs released, for example, in a field trial,
a neighboring farmer can no longer market his products
because they contain traces of GMOs that have not
been authorized to be placed on the market.
- owing to cross-contamination with GMOs a neighboring
farmer is obliged to label his produce as "genetically
- owing to the presence of GMOs, a neighboring farmer
is no longer able to label his produce as "organic"
or as produced "without genetic modification"
within the meaning of German legislation
Under European Union legislation, all food and feed
containing, consisting of or produced from GMOs must
be labeled "genetically modified." If the
content of genetically modified material amounts to
less than 0.9 percent of the relevant ingredient, labeling
is not mandatory if the presence of the material is
unintended or technically unavoidable.
If it is not clear which farmer has caused the contamination,
the principle of joint liability of all neighboring
GMO farmers will apply. That means a farmer who has
sustained damage will be free to decide which neighbor
to claim compensation from.
A register with precise information about where GM
crops are intended to be released will be publicly available.
The site register will let farmers farmers know exactly
where in their neighborhoods GM crops are being cultivated.
The law limits the area where genetically modified
plants can be grown in Germany.
Farmers planting GM seeds will be required to adhere
to strict regulations, including the requirement that
a minimum distance be kept from non-GM fields. They
must take steps to prevent the spread of pollen from
"In the interest of farmers and consumers, we
do not want genetically altered foods to sneak uncontrolled
and initially unnoticed onto our grocery shelves,"
said Herta Däubler-Gmelin, a parliamentarian from
Conservative opposition politicians and agricultural
interests argue that the restrictions will make it difficult
for any farmers to grow genetically modified crops.
Friends of the Earth says the law's provisions will
give GM farmers and GM operators a strong incentive
not to contaminate neighboring fields, helping to ensure
the freedom of choice for the majority of consumers
in Germany and the European Union who do not want to
eat GM foods.
Geert Ritsema of Friends of the Earth Europe said,
“This law is good news for hundreds of millions
of Europeans who do not wish to participate in the biggest
biological experiment of our time and who want to eat
food that is GM free. This law should now be the benchmark
for similar legislation in other EU member states.”
There are loopholes in the law, including the fact
that it does not really cover damage to the environment
as a result of GM crops. The protection that the law
offers for ecologically sensitive zones is restricted
to Natura 2000 areas, which only form 2.5 percent of
the surface of Germany.
Friends of the Earth is concerned that the European
Commission might want to overrule the German law by
taking Germany to the European Court of Justice. In
a document from July 2004 leaked to the organization,
the Commission hinted that it might consider this type
Copyright Environment News Service (ENS) 2004. All