MEMORANDUM SUBMITTED BY THE MINISTRY OF
AGRICULTURE, FISHERIES AND FOOD AND THE DEPARTMENT OF THE ENVIRONMENT,
TRANSPORT AND THE REGIONS (G 11)
EVENTS LEADING
UP TO
17 MAY ANNOUNCEMENT
1. The possibility that some conventional
oilseed rape seed containing genetically modified seed might have
been sold and sown in the UK was first notified to Government
officials by Advanta on 17 April, following Advanta's request
to DETR and MAFF officials for a meeting. The record of that meeting
has been published and is attached at Annex A (not printed). In
summary, the information provided by Advanta at that meeting was
that:
(i) conventional seed of a hybrid oilseed
rape variety (Hyola) imported into Germany from Canada had been
found by a German state authority to contain GM seed;
(ii) it was possible but not certain that
seed imported into the UK also contained GM material;
(iii) early indications were that the GM
material was present at low levels, possibly 0.1 per cent;
(iv) it was not yet known which Hyola line
or lines were affected, nor in which year(s) affected seed had
been produced (possibly 1998 and/or 1999);
(v) the type of genetic modification or modifications
in question had not been confirmed but were believed by Advanta
most likely to be a modification conferring tolerance to the herbicide
glufosinate-ammonium or possibly the herbicide glyphosate;
(vi) Advanta had ceased supplying further
seed of the varieties concerned;
(vii) in Advanta's opinion, most of the seed
of the variety concerned already supplied in the UK in 2000 would
already have been sown.
Advanta undertook to provide more information
as soon as this was available from their investigations and tests
in Canada.
2. As the department with lead responsibility
for releases of GM into the environment DETR officials informed
Mr Meacher of the position on 18 April by means of a written submission.
MAFF officials briefed Baroness Hayman orally the same day and
by copy of a written note on 19 April. Officials in the Cabinet
Office and Food Standards Agency (FSA) were informed on 18 April.
Dr Mowlam, as Chair of the relevant Cabinet Committee, was informed
on 19 April.
3. Officials proposed, and Ministers agreed,
that officials should seek further information, and legal and
technical advice on the possible position, before advising Ministers
on what action might be necessary.
4. Further information was supplied by Advanta
to DETR by telephone as follows:
(i) 19 April: tests in Canada suggested that
only seed produced in 1998 was affected; the most probable cause
of the GM presence was cross-pollination in the field; and as
a consequence, plants resulting from the seed were likely to be
effectively male sterile.
(ii) 25 April: tests in Canada confirmed
that only the Hyola seed produced in 1998 was affected. The level
of GM presence in the seed was just below one per cent. One GM
line accounted for the majority of the GM presence. This was identified
as a GM oilseed rape line that is tolerant to glyphosate herbicides
(RT73) with a possible trace presence from another GM oilseed
rape line tolerant to glufosinate ammonium herbicides (Liberty).
5. Between 18 April and 9 May, as more relevant
information was supplied by Advanta, officials:
(i) sought legal advice on the issues raised
by the supply and sowing of the affected rapeseed, in particular
whether any offence might have been committed under the relevant
legislation on release of GMs;
(ii) sought the information necessary to
enable a thorough consideration of the implications of the incident
for the environment and human health. Detailed information on
the RT73 line was obtained, and the case prepared for scrutiny
by the Advisory Committee on Releases to the Environment (ACRE);
(iii) considered what measures were necessary
to provide suitable safeguards if another such incident occurred
in future and to avoid such incidents in the future.
6. On the basis of Advanta's initial suggestion,
subsequently confirmed, that oil from the GM line implicated had
already been approved for food use within the EU, and considered
by the Advisory Committee on Novel Foods and Processes in 1995,
the FSA advised on 18 April that the oil was as safe for food
use as that obtained from conventional crops (Annex B [not printed]).
ACRE requested comments from the Advisory Committee on Animal
Feedingstuffs (ACAF) on 11 May. In the light of the information
then available, the FSA consulted ACAF on 12 May. ACAF's interim
advice was received on 26 May. By 6 July ACAF had considered a
full technical dossier on the RT73 line and confirmed that its
presence, at the levels reported, did not pose a risk to humans
or animals via use in animal feed (Annex C [not printed]).
7. It took until 10 May to obtain and analyse
detailed information on RT73 which ACRE could use to give considered
advice. ACRE was formally consulted through correspondence with
the DETR on 10 May (the information provided to them at this stage
is at Annex D [not printed]. This is normal procedure for seeking
their views on issues outside their normal meeting schedule. Their
advice was clear on 17 May, prior to the Government's announcement,
and ratified at their meeting on 25 May (copy at Annex E [not
printed]). ACRE's advice was that risks to human health and the
environment posed by the presence of GM seed are very low. ACRE
stated that there is no evidence from previous trials or related
research studies that herbicide tolerant GM rape is any more persistent,
invasive or otherwise environmentally damaging than conventional
oilseed rape in similar circumstances.
8. In the light of the information then
available, DETR officials in consultation with MAFF officials
submitted advice to Mr Meacher on 8 May. This summarised the available
information, indicated that this was not considered to be a safety
issue, provided a summary of preliminary legal advice, and suggested
a number of options for action which might be pursued.
9. In view of the fact that the developing
package of measures concerned seed purity issues, it was agreed
on 9 May that MAFF Ministers would make an announcement on this
incident. On 12 May, Baroness Hayman wrote to MISC6 colleagues
to clear the terms of an announcement, including measures to safeguard
against the possibility of a further such incident occurring.
Ministers agreed this course of action on 15 May.
10. Officials in the Scottish Executive
were briefed on 5 May. The devolved administrations were formally
notified of the position and the proposed announcement on 15 May.
Ministers have apologised to the devolved administrations for
the delay in notifying and consulting them.
11. The announcement was made on 17 May
(copy at Annex F [not printed]. The Minister of Agriculture made
a further statement on 18 May (copy at Annex G [not printed].
DEVELOPMENTS SINCE
18 MAY
Options for affected farmers
12. At the time of the announcement on 18
May, the implications of the incident for farmers who had sown
the affected seed remained unclear. Further legal advice was received
on 24 May on whether, in the light of the advice from the FSA
and ACRE, the powers available to Ministers to require the destruction
of crops containing a GM for which no release consent had been
given could be exercised in this instance. This indicated that
there were no grounds to exercise these powers because no danger
to public health of the environment has been identified.
13. This legal advice also confirmed that,
as the GM concerned is not authorised for commercial marketing
in the EU, farmers could not sell the affected crops once harvested.
Whilst the Government took, and continues to take, the view that
any losses incurred by farmers as a result of the inadvertent
sowing of GM seed is a matter to be resolved between the farmer
and the supplier of the seed, Ministers nonetheless considered
that it was important to offer farmers guidance, and as much flexibility
as possible, for dealing with the situation. Two derogations from
the normal rules of the EU Arable Area Payments Scheme were therefore
negotiated:
(i) (as announced on 26 May) at the EU Cereals
Management Committee meting on 25 May the deadline for sowing
a crop on which crop subsidy payment could be claimed was extended
to 15 June, offering farmers in a position to do so the option
to destroy the affected crop and plant another whilst retaining
eligibility for area payments and set-aside;
(ii) (as announced on 8 June) at the EU Cereals
Management Committee meeting on 8 June the requirement to maintain
a crop until 30 June was relaxed for crops grown from the affected
seed, enabling farmers to destroy the crop, without replanting
and retain eligibility for area payments and set-aside.
14. The Government welcomed both Advanta's
initial announcement of their intention to make compensation available
to farmers who have incurred losses as a result of this incident
and the compensation arrangements subsequently announced by Advanta.
Monitoring and enforcement of the prohibition
on marketing the affected crops
15. Enforcement action in respect of the
prohibition on marketing the affected crops is being taken, including:
(i) warning all farmers who may have sown
the affected seed in writing that they may not market affected
crops;
(ii) an audit by the Central Science Laboratory
(CSL), who carry out the Government's GMO inspection functions
in this area, of Advanta's arrangements for tracing and checking
farmers claiming compensation;
(iii) further checks by CSL, in co-operation
with the buyers and processors of oilseeds, that affected crops
are not being marketed.
Investigations in Canada
16. A MAFF official visited Canada on 26
May to undertake a preliminary study of the situation in Canada
in respect of the affected seed stocks. Investigations are being
carried out by the Canadian authorities and MAFF is continuing
to liaise closely with them.
Measures on seed purity
17. A series of measures relating to seed
purity were announced on 17 May:
— a MAFF study into seed sourcing and
the possibility that GM presence may occur. This study has been
completed and was published on 8 June. It can be found on the
MAFF website (www.maff.gov.uk).
— An enforcement regime has been introduced
by DETR on seed imports as part of its GMO inspection and enforcement
functions. The CSL has been commissioned to establish a mechanism
for the inspection of seed importers to audit their procedures
to ensure that imported seed does not contain GM seed. Seed samples
will be taken and analysed to confirm that the procedures in place
work effectively. CSL undertook an inspection of a site in Cambridge
where the Hyola seed had been grown on 7 July. The Hyola oilseed
rape had been destroyed with herbicides, but CSL checked the site
for survivors and took seed samples for analysis. A more substantial
protocol for the inspection regime for seed imports is being prepared.
DETR officials wrote to grain and seed importers on 5 July to
remind them of their statutory responsibilities under the European
Directive 90/220/EEC and to inform them of the inspection regime
being established by CSL to ensure compliance with the legislation.
— development of an industry wide code
of practice. MAFF and DETR officials have held further discussions
with the UK seeds sector. The industry is providing guidance to
its members and will keep them updated on developments.
— international measures on the presence
of GM in non GM seed. Discussions are underway within the EU and
the OECD on seed purity standards for non GM seed, including on
interim measures to apply within the EU until agreement on appropriate
legislation is reached.
14 July 2000
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