ngin - Norfolk Genetic Information Network

25 March 2002

HOSTILE RECEPTION TO LIABILITY MEANS CONTINUED MORATORIUM/AVENTIS $9 MILLION PAY OUT

"France and Italy are among the most influential of the group of six member states that imposed the block on GMO approvals, and have repeatedly stated that they will not lift it until liability laws are in place. The negative reaction at this week's Council therefore augers badly for biotechnology companies hoping to place new products on the market."

1. Frosty reception for GM liability proposal
2. Aventis Settles StarLink Lawsuit

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1. Frosty reception for GM liability proposal

European Policy News
Agra, Europe, March 8, 2002

European Commission proposals to make polluters pay for damage to the environment met with a hostile reception from EU environment ministers assembled in Brussels on Monday. The plans to make industry subject to so-called 'environmental liability' were criticised by ministers, who expressed concern that EU governments would be exposed to any claims which were dodged by industry.

Echoing claims by environmental groups that the proposals were not sufficiently comprehensive, a large majority of ministers declared themselves against the plans. None spoke in defence of the Commission.

New GM releases

Among the more prominent dissenting voices were the French, Portuguese and Italians. Their opposition is crucial because this legislation is essential to the lifting of the EU's de facto moratorium on commercial release of new Genetically Modified Organisms (GMOs). France and Italy are among the most influential of the group of six member states that imposed the block on GMO approvals, and have repeatedly stated that they will not lift it until liability laws are in place. The negative reaction at this week's Council therefore augers badly for biotechnology companies hoping to place new products on the market.

Greens, industry join forces Environmental campaigners and business representatives joined forces in an unlikely alliance to attack the proposals, for directly opposing reasons. 'Green' groups such as Friends of the Earth agree with the view taken by ministers that too many loopholes have been left in the legislation that would allow companies to escape their responsibilities (and leave governments to pick up the tab). EU business federation UNICE, meanwhile, led a chorus of industry criticism, claiming that the extra burdens imposed on industry would lead to numerous bankruptcies.

Good balance?

EU environment Commissioner Margot Wallstrom appeared unfazed by the attacks on her handiwork, suggesting to journalists that "maybe we've struck a good balance."

In light of the conflicting reasons for such vociferous opposition to her plans, she may be right, but the Commissioner will certainly face an uphill struggle to see the legislation approved.

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2. Aventis Settles StarLink Lawsuit

Chemical Week March 20, 2002
NEIL FRANZ

Aventis CropScience and several food manufacturers have agreed to pay a total of $ 9 million to settle a class-action lawsuit brought by consumers, who allege that genetically modified StarLink corn caused allergic reactions. StarLink, which is approved only for animal feed and nonfood industrial uses, was discovered in late 2000 in taco shells and other corn food products. Starlink produces a controversial protein called Cry9C, which EPA says is a potential human allergen (CW, Aug. 8, 2001, p. 32). Aventis CropScience, which Bayer is acquiring, argues that StarLink does not pose a human health risk, and denies liability for the claims of the lawsuit. But settling the case is "the best possible way to move forward," says Aventis. Other companies involved in the settlement are Kraft Foods (Northfield, IL), Azteca Foods (Summit-Argo, IL), and AstraZeneca affiliate Garst Seed Co. (Slater, IA). Aventis is facing separate lawsuits brought by farmers, who are demanding reimbursement for losses caused by the StarLink mix-up.

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