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Olga Michalik-Rutkowska1, Bozena Wojtyra2 ©
1 Ministry of Agriculture and Rural Development 2 Warsaw Agricultural University
BAN ON GENETICALLY MODIFIED FEED IN POLAND
Abstract:
In accordance with the article 15 section 1 point 4 of the Act of 22 July 2006 on feeds (O.J. No 144, item 1045) there is a ban on manufacturing, putting into circulation and use of genetically modified feeds and genetically modified organisms destined for feeds. However, in the article 65 of above mentioned Act, this provision will enter into force after 24 months from the date of its' publication - 12th of August 2008.
The above mentioned ban is not consistent with the Law of the EU, in particular with the Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feeds (OJ L 268, 18.10.2003, p. 1). It may have an effect on free circulation of the officially registered GMO intended for production of feeds, and consequently on the labour market, internal and outer economical competitiveness and the overall regional situation.
Key words: the Law on animal feeds, ban on genetically modified feeds, the Court of Justice of the European Communities (ETS)
Introduction:
Problems concerning GMO are very popular issues among scientists, biotechnologists, stakeholders as well as typical farmers and consumers. In 2003 the prohibition of using of meat-bound meals was introduced. This ban scale has a large influence on breeders attention, especially those who use a high protein soy, mainly the GM soy, which has been imported from Argentina, Brazil or USA and is 15% cheaper than soy GMO-free (3). Low price of GM feeds is a result of the method of growing of the GM plants, in which fertilizers, herbicides, pesticides and heavy machinery are used. That is why this type of production is cheaper for farmers and farmers prefer this kind of cultivation (1).
On 25th of August 2006 the Act of 22 July 2006 on feeds (O.J. No 144, item 1045) had entered into force and introduced the ban on manufacturing, putting into circulation and use of the genetically modified feeds and the genetically modified organisms destined for feeds. Even though this ban will enter into force after two years from the date of publication of the above mentioned Act, is the one of the most controversial questions concerning GMO in Poland. This issue causes many misgivings and not favourable economic forecasts for the breeding and feeds sectors.
EC Regulations on GM feeds
The provision of the Act on feeds, which forbids using the genetically modified fodder is an infringement of the EU law, particularly of the Regulation (EC)
© Olga Michalik-Rutkowska, Bozena Wojtyra, 2008
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No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feeds (OJ L 268, 18.10.2003, p. 1).
The EC Regulation on the GM feeds in detail shows guidelines concerning such feeds. GMOs for feeds use, feeds containing or consisting of GMOs or feeds produced from GMOs must not have adverse effects on human health, animal health or the environment, mislead the user, harm or mislead the consumer by impairing the distinctive features of the animal products, differ from feeds which it is intended to replace to such an extent that its normal consumption would be nutritionally disadvantageous for animals or humans. Moreover, such feeds should have an authorization granted under the procedures set out in appropriate legislation relating to GM feeds (6).
Because the EC regulation on the GM feeds shall be binding in its entirety and directly applicable in all Member States, none of these Members could not forbid, limited or hinder placing on the market GMO for feeds, especially if such feeds meet regulations in this scope (6).
An exception to this rule may be the case, where it is evident that products authorized according to the EC Regulations are likely to constitute a serious risk to human health, animal health or the environment. In such situation so-called "emergency measures", shall be taken under the procedures provided for regulation of food legislation (5,6).
Where it is evident that feeds originating in the Community or imported from a third country is likely to constitute a serious risk to human health, animal health or the environment, and that such risk cannot be contained satisfactorily by means of measures taken by the Member States concerned, the Commission, acting in accordance with the appropriate procedures set out in the EC legislation on requirements of food law on its own initiative or at the request of a Member State, shall immediately adopt one or more of the following measures, depending on the gravity of the situation:
1) in the case of feeds of the Community origin:
- suspension of the placing on the market or use of the food in question,
- suspension of the placing on the market or use of the feeds in question,
- laying down special conditions for the food or feeds in question,
- any other appropriate interim measure;
2) in the case of feeds imported from a third country:
- suspension of imports of the food or feeds in question from all or part of the third country concerned and, where applicable, from the third country of transit,
- laying down special conditions for the feeds in question from all or part of the third country concerned;
- any other appropriate interim measure (5).
Apart from above mentioned measures, there are so-called "other emergency measures" which apply where a Member State officially informs the Commission of the need to take emergency measures, and where the Commission has not acted in this scope. In this event, the Member State may adopt interim protective measures and it shall immediately inform the other Member States and the Commission. In
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such course of events interim protective measures is studied by Standing Committee on the Food Chain and Animal Health, that decide to widen, modified or repeal such measure (5).
Because of above, the possibility of suspended, refused or revoked exist only in case submit of appropriate procedures set out in EC legislation on GM feeds (6).
A Polish position on GM feeds
In March the Polish Council of Ministers accepted „The Polish position concerning the general outline on GMO", which takes into consideration the Treaty commitments of Poland on implementation EU provisions into the Polish law, as well as a clear aversion the Polish society towards GMO. In the above mentioned document the Polish Government has been against putting into circulation of the GM feeds. However, this document allows the possibility of the importation of the GM foods, as long as the GM food is well labelled and is not intended for further processing. The aim of this position of the Polish Government is to obtain the status of a country free from GMO (10).
Taking into consideration existing variance between the Polish and European regulations on feeds, as well as unavoidable intervention of the European Commission concerning infringement of the EU provisions, introducing the ban on producing, putting into circulation and use of the GM feeds, the Polish Government probably will be forced to conduct the studies on the effects on the putting into circulation of the GM feeds.
Independently of the above mentioned, in connection with misgivings of the negative impact of using the GMO in food and feed as well as the negative impact on environment the National Veterinary Research Institute in Pulawy already conducts the risk analysis. This analysis is mainly focused on soy and maize. According to this research, there are no differences in the content of the basic alimentary ingredients of the GM soy and maize in comparison with the natural (unmodified) ones. The main element of the risk analysis of the GM feeds usage is the horizontal transfer of genes, particularly the possibility of transferring modified DNA genes from the plant into bacterial flora of the animals alimentary canal. There were no results indicating on the presence of the transgenes from the GM plants in the cells and tissues of animals. It is safe to say that presence of the transgenic DNA in animals as a result of the feeding animals GM feeds, had not been proved (11). As well as the hazard of usage GM feeds for the Heath of humans or animals.
Summary
The prohibition of use of the GM feeds can have negative impact on the Polish economy. One tone of available on the Polish market GM soy is up to 150 zl cheaper than soy produced in traditional way. It means that a high protein compound feeds intended for poultry, based on soy free from GMO can be more expensive (about 50 zl) than the same compound feeds based on GM soy (8).
The poultry breeding in the light of the use of GM soy might become not enough profitable. Poultry produced in Poland is competitive on the European market
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because it is the cheapest. If the ban on usage the genetically modified soy in feeds is introduced, it may result in prices increase of compound feeds. That will cause a lost of competitiveness of the Polish poultry production, including the possibilities of exportation - a stimulator of the domestic poultry sector. Moreover, it is probable, that consumption of the poultry in Poland will decrease. Such situation may cause total collapse of the poultry breeding in Poland (8). The Polish Government is willing to create zone free from GMO in Poland, that is an oasis of the better and healthier food, because of the lack of access to cheaper feeds can severely hurt especially the breeders (4). The ban on feeds based on GMO may also have an influence on the domestic red meat market because of the possibility of the inflow of the inexpensive raw material, based on the GMO feeds, form the other Member States (8).
This ban can also cause a loses by virtue of breaking by feeds entrepreneurs of long-term agreement concluded with importers of GM feeds. The feeds companies, which import the GM soy on the basis of the licenses valid through 10 consecutive years issued by the Minister of Environment, declare that if those licenses are withdrawn they will bring the case into the court, and apart form compensations they will fight for an annulment of the decisions in the EU courts (9).
Introduction of the ban will probably result in high fines, which will have to be bare by the State, as a result of the complaint submitted to the ETS by the European Commission.
If the decision of the ETS is not fulfilled the case will be once again considered by ETS and also the fine will be imposed. The fines imposed by the ETS are very high and there is also an obligation to pay interests for each day of delay caused by the not fulfilment of the decision (verdict).
Referring to the above, the ban on GMO feeds infringes on the rule of free circulation of goods authorized by the European Commission, established in the EU Treaty. This ban can have an extend influence on the enterprises' management in the terms of competitiveness in Poland, the more so as - according to the rule of the free circulation many goods, including feeds authorized on the basis of the Regulation (EC) No 1829/2003, could be placed on the Polish market (2,10).
References
(1) CORDIS news, Sixth Framework Programme of European Community -Specific programme 2002-2006 for research, technological development and demonstration to be carried out by means of direct actions by the Joint Research Centre (JRC). 21 of December 2006. "JRC report weighs up economic benefits of GM crops".
(2) http://ec.europa.eu/food/dyna/gm register/index en.cfm.
(3) Korol W., Kwiatek K. 2006. The quality and safety of animal feeds - the actual state, requirements, needs. Industrial Animal Feeds No 10. The Institute of Animal Science in Krakow - National Feed Laboratory, Lublin.
(4) Lisiecki P. 2006. The New Act on feeds. Sano, No 6. Sano-Modern Animal Feeding Inc., S^kowo.
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(5) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p.1).
(6) Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (OJ L 268, 18.10.2003, p. 1).
(7) The Act of 22 July 2006 on feeds (O.J. No 144, item 1045).
(8) The Economic Aspect of GMO Issue. 2006. AgroTrendy - reports, October. Top Consulting Sp. z o.o., Warsaw.
(9) The First Agricultural Portal. The article of 19 April 2006 r. Soy Embargo generates a protest.
(10) The Polish position concerning the general outline on GMO - 3 of April 2006.
(11) Walczak M., Sieradzki Z, Kwiatek K. The Legal and Economic Aspects of GMO in Animal Feeding. The Industrial Animal Feeds No 10. Institute of Animal Science in Krakow - National Feed Laboratory, Lublin.
Cmammx nadiurnna do peda^i'i 14.04.2008
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