Greenpeace gives Government seven day deadline before court action
Greenpeace today wrote to Deputy Prime Minister John Prescott and Agriculture Minister Nick Brown advising them that any sale of the genetically modified (GM) contaminated rape released by Advanta would constitute an illegal act under UK and European GM regulations.
Greenpeace has set a seven day deadline for the Government to inform affected farmers of the illegality of selling the contaminated rape, after which Greenpeace will take the UK Government to court.
The letter provides legal opinion that any marketing of the GM polluted rape crop would constitute an offence under EU directive 90/220 since there is no 'marketing consent' for the Monsanto GM rape in question.
Since the crop cannot be legally sold, Greenpeace believes the Government should follow the lead of the Swedish Government who yesterday advised that the crops should be destroyed.
Peter Melchett, Executive Director of Greenpeace UK said: "The Government has bungled this GM contamination outbreak for over a month. Enough is enough. Decisive action is well overdue. If the Government don't act within seven days, Greenpeace will act against them."
He continued: "Relevant European and national legislation is clear that any sale of unapproved GM crops such as the GM oilseed rape is illegal. Governments must ensure that all these crops are destroyed and that the farmers are fully compensated."
Meanwhile in Germany, Greenpeace today also started legal action against the Dutch seed company Advanta and the German Government to enforce the immediate destruction of oilseed rape fields contaminated with GM rape seed varieties from Canada.
A copy of the letter to John Prescott
Dear Deputy Prime Minister,
On the 17 May the Minister for Agriculture, Fisheries and Food, Nick Brown MP, informed the House of Commons that a consignment of rape seed had entered the UK agricultural market contaminated with GM oil seed rape (RT73). The seed was imported and supplied by Canadian company, Advanta.
Greenpeace understands that around 9,000 hectares were sown with affected stocks last year and about 4,700 hectares were sown this spring. We understand that this year's crop planted from the contaminated seed is likely to be harvested in July/August.
Greenpeace is advised that all products containing or consisting of GMO's that are placed on the market require a consent under Part C EC Directive 90/220 as implemented by s.111(1) EPA 1990 and regulation 10 (1) (Deliberate Release) Regulations 1992 (as amended). Greenpeace understands that those farmers in receipt of the contaminated seed planted their crop this spring and will harvest their crop sometime in July/August. The resultant crop (a seed) will constitute a 'product' within the terms of the above legislative regime. We understand that the normal practice of farmers is to harvest their crops for the purposes of sale to grain merchants and manufacturers throughout the European market-place for the purposes of being crushed and turned into oil used as an ingredient in food and for cake used as animal feed. Whilst imports of oil containing the GM line RT73 have obtained a novel food consent there are currently no consents granted within the European Union for the marketing of the seed (the crop) for the purposes of processing into oil. In addition, there is no consent for the marketing and supply of this crop for the purposes of being used as an animal feed.
Greenpeace considers that any supply or making available by farmers of their contaminated crops will be unlawful unless a consent to market their harvest has been applied for and authorised by the European Commission. Before these crops can be sold to third parties they need to comply with other product legislation, such as compliance with the Seeds (National Lists of Varieties) Regulations 1982 and Pesticides legislation.
We note that Advanta has supplied farmers with an Information Sheet advising that no breach of any regulation has occurred and that: "This view is confirmed by the government". This advice is clearly wrong.
Given the urgency of the situation please inform us whether you intend to clarify the legal situation by informing affected farmers that any sale or supply of this year's harvest of contaminated spring oil seed rape will require a marketing consent. You should warn them that such failure to obtain such a consent will mean that any sale will be unlawful and may lead to criminal prosecution. It would then be incumbent upon the Government and other authorities to take appropriate enforcement action.
In addition, Advanta is advising farmers that there is no need to manage its crop any differently this season. We note that English Nature are reportedly of the view that a small amount of the offspring from this year's crop may be fertile. This may lead to such plants flowering and spreading their pollen and breeding with a limited number of other species of plants. Part B of Directive 90/220 imposes requirements for consents before a deliberate release of a GMO takes place. The flowering of the crop and release of pollen into the environment is a release within Part B. Since it is now known that the crops in question contain GM seed and constitute the risks identified by English Nature then, if this is permitted to happen without provision for containment (see Article 2(3)) it would constitute a deliberate release without consent contrary to the provisions of Part B.
Moreover, under Article 4 of Directive 90/220 Member States have an obligation to ensure that appropriate inspections and other control measures are in place to avoid adverse effects on human health and the environment. Please assure us that the Government will direct the relevant agencies or its inspectorate to take steps to ensure that farmers take all relevant steps to avoid the further release into the environment of GM RT73 oil seed rape from the harvesting of their crops.
If we do not hear from you with a satisfactory response in the next seven days we shall consider applying to the High Court by way of judicial review.
Yours sincerely
Solicitor Greenpeace Ltd
