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9-Misc: Stakes high in U.S./EU genetically modified crops dispute at WTO

------------------------------- GENET-news -------------------------------

TITLE:  Stakes High in U.S./EU Genetically Modified Crops Dispute at WTO
SOURCE: The Institute for Agriculture and Trade Policy, USA, Press Release
DATE:   15 Sep 2005

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Stakes High in U.S./EU Genetically Modified Crops Dispute at WTO
New Backgrounder Outlines Key Issues - Ruling Expected Soon

Minneapolis - In the next month, the World Trade Organization (WTO) is
scheduled to rule on a highly anticipated case that will directly impact
how countries around the world regulate genetically modified (GM) crops
and food. The Institute for Agriculture and Trade Policy (IATP) has
outlined the key issues in a new backgrounder on the trade dispute
between the primary plaintiff, the United States (joined by Canada and
Argentina), and the European Communities (EC). The backgrounder can be
found at:

In addition to ruling directly on the EC's regulatory system for GM
crops, the WTO ruling will set a precedent on food safety, public health
and environmental health measures applied to internationally traded goods
and services. The U.S. is the world's largest user of GM crops. Most
corn, soybeans and cotton grown in the U.S. are genetically modified. As
of 2002, the U.S. State Department claimed at least $300 million in lost
sales of GM corn and soy products to the EU.

"This case is about whether WTO members may use precaution when
scientific uncertainties preclude regulators from assessing the risks not
only of GM crops but also other new technologies," said Steve Suppan,
IATP's Director of Research and author of the backgrounder. "U.S.
regulators allow biotech firms to determine when biotech product risks
merit regulatory concern. Now, the U.S. wants to export its deregulatory
model to other WTO Members through this decision."

The U.S. charges that by not approving a single new GM crop from 1996
through 2001, the EC regulatory system imposed a WTO illegal moratorium
on new approvals without scientific basis. The EU countered it was
developing a regulatory system during this period and that there is
significant scientific uncertainty related to the health and
environmental consequences of GM crops. The EC subsequently put in place
a regulatory system for biotech products that has approved several new GM

A ruling in favor of the U.S. would undermine the ability of regulators
to consider broader regulatory objectives cited in the EC arguments, such
as biodiversity conservation, and the EC's ability to do independent
assessment of biotech product claims and data. Developing countries, many
of which have yet to establish regulatory regimes for GMO crops, will be
particularly affected by this decision. Aspects of the ruling could also
be applied to a threatened U.S. case against a draft EC regulatory plan
to regulate more rigorously certain industrial chemicals for public
health purposes.

The backgrounder identifies four central questions in the case:

1 - Will the EC and other WTO members be able to develop and maintain a
regulatory system for GM crops that allows for the use of precautionary
measures to protect consumer, animal and/or plant health when there is
insufficient scientific evidence to assess the risks?

2 - Will the WTO agree that some of the EC's regulatory objectives for GM
crops fall outside of the WTO and are instead covered by other
international agreements such as the Cartagena Protocol to Biosafety,
which allow for a more precautionary approach?

3 - How will the panel document its use of expert opinion in determining
the factual matters in the dispute?

4 - How will the panel use previous WTO dispute panel and appellate body
rulings on "scientific uncertainty" to justify its ruling?

The backgrounder on the case can be found at:

The Institute for Agriculture and Trade Policy works globally to promote
resilient family farms, communities and ecosystems through research and
education, science and technology, and advocacy.


European NGO Network on Genetic Engineering

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