Press Release from the Institute for Agriculture and Trade Policy
September 11, 2003
Contact: Ben Lilliston, 301-270-4787, in Cancun 044-998-860-6632, blilliston@iatp.org
New UN GMO Treaty Conflicts With U.S. WTO Challenge
Global Treaty Should Over-ride WTO
A new United Nations treaty goes into effect today which stresses the precautionary
principle in regulating genetically modified (GM) crops. The treaty reinforces the
European Union regulatory system for GM crops and runs into direct conflict with
another international institution - the World Trade Organization (WTO).
Earlier this year, the U.S. filed a legal challenge before the WTO contesting Europe's
right to place a moratorium on some GMO food crops. The Biosafety Protocol reaffirms
the right of Europe, and other countries, to set their own regulations for biotech crops.
"The precautionary approach taken by this treaty will help participating countries to
utilize appropriate labeling requirements as well as environmental and health safeguards
when addressing GMO foods," said Mark Ritchie, President of the Institute for
Agriculture and Trade Policy. "Instead of working through the UN to set an international
floor of minimum standards that must be met around the world, the U.S. is pushing for a
ceiling at the WTO, which would restrict nations from setting more rigorous safety
standards. The UN treaty should now become the international standard for regulating
GMOs – and the U.S. WTO challenge should be immediately dropped."
The treaty is the first legally binding international agreement governing the movement of
living modified organisms (LMOs), including genetically modified foods, across national
borders. The Protocol, agreed to by 131 countries in Montreal in 2000, establishes the
rights of national governments to regulate all GMOs, while developing countries may use
the Protocol to regulate commodities even before national policies are in place.
Environmental, human health and socio-economic factors are recognized as valid
considerations in determining whether to accept or reject GMO imports.
The passage of the Biosafety Protocol could have a major impact on U.S. exports to
nation's participating in the treaty. Although the U.S. is not a party to the treaty,
participating nations can still enforce the treaty when handling imports from nonparticipating countries.
The treaty will likely require all U.S. shipments to participating countries of certain crops
that have GMO varieties, like corn and soybeans, to be labeled as ‘may contain” GMOs.
It also give those nation's the right to reject that shipment if those GMOs have not been
approved in that country. The U.S. does not currently have an effective segregation
system between GMO and non-GMO - so it is unclear how this new treaty will be
implemented by U.S. shippers and importing countries.
On September 11, 2003, certain provisions of the Treaty will take effect immediately:
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Countries shipping LMOs for intentional introduction into the environment will
have to give prior notification of the first shipment to an importing country that is
a party to the Protocol under what is referred to as the "Advance Informed
Agreement" procedure. Sufficient information will have to be provided to enable
importing countries to make informed decisions on whether to accept the
shipment.
Member countries of the Protocol will also be required to use the Biosafety
Clearinghouse (BCH) to fulfill a number of specific obligations. The BCH is a
largely Internet-based facility established under the Protocol to ease
communications and exchange of information between the Parties.
All shipments containing LMOs for intentional introduction into the environment
will be clearly identified as such in the accompanying documentation which must
specify the identity and characteristics of the specific LMOs contained in each
shipment.
The Institute for Agriculture and Trade Policy promotes resilient family farms, rural
communities and ecosystems around the world through research and education, science
and technology, and advocacy.
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