ENGLISH VERSION

EU legislation on GMOs: Proposal of the European Commission to modify the authorization process provided by the Regulation (EC)

1829/2003

POSITION PAPER ARGENTINA

• Introduction of GMOs for cultivation led to an extraordinary leap in Argentine production of soybeans, corn and cotton, while the agricultural frontier has expanded to outlying regions. As a result, Argentina, a country of 40 million habitants, can feed 400 million people.

• Benefits for farmers due to the use of biotechnology make them reluctant to reverse to conventional cultures. GMOs have higher yields than any other conventional seed and also require less agrochemical applications due to their special resistance to pests.

• Argentina is one of the most competitive countries in production of soy meal and soybean pellets. Biotechnology, coupled with no-till farming, make soybean growing in Argentina one of the most efficient farming in terms of gas emissions saving. Good agricultural practices and closeness of main production areas to ports located on the waterway Parana-Paraguay further improves cost and emissions savings.

• Soy protein content is approximately 40%, a higher percentage than any other plant meal replacement. Soybean based animal meal, with no non-vegetable protein, prevents the inter species transmission of spongiform encephalopathies like BSE or "mad cow disease". These benefits make soybean and soybean meal an irreplaceable input for animal feed in Europe.

• Argentina -along with the US, Canada and Brazil- is part of a group of large producers of GMO grains, defending their right to use modern biotechnology in their agricultural production.

Argentina:

• Wishes to express its concern on the new EC legislative proposal amend the approval system for GMOs set for in Regulation (EC)1829/2003 in order to allow Member States to restrict or prohibit the use of GMOs for food or feed purposes in their territory or in part of it, even being these GMOs already authorized at EU level.

• Notes that, today EU Member States are entitled to ban or restrict national marketing and import of biotech products when they consider that they pose risks to public health or to the environment, subject to the obligation of presenting scientific evidence that proves these circumstances (art. 23 of Directive 18/2001). The EU already has rules on labeling of GMO products or products containing GMOs, addressing consumers who do not want these products. Therefore, Argentina does not see the need for this new legislative proposal.

• Expresses its concern on the adverse impact on the provision of feed to the European Union. Coping with growing international demand for feed requires use of modern biotechnology for production.

• Expresses its concern on allowing Member States to prohibit or restrict the use of GMOs for feed or food for reasons unrelated to health or environmental risks, other than those already assessed by the European Food Safety Authority (EFSA). Reasons of public order cannot be invoked just to circumvent applicable international obligations in this field (as the WTO-SPS Agreement).

• Recognizes the right of third countries to establish an appropriate higher level of SPS protection in GMOs, provided that this level of protection is justified by a science based risk assessment and taking into account the objective of minimizing negative effects on trade, as established by WTO rules.

• Recalls that the EU and its Member States have tried in the past to justify its restrictions on the use of GMOs on grounds of scientific findings without any success. Remembers, that a WTO panel (“EC-Measures affecting the approval and marketing of biotech products ") found such restrictions incompatible with the Agreement on Sanitary and Phytosanitary Measures (WTO/SPS Agreement).

• It therefore considers that the new draft proposal that enables EU Member States to implement measures to restrict or prohibit GMOs use is also incompatible with WTO rules. First, it would create unnecessary obstacles to international trade. Second, it would lack any proportionality by restricting trade more than necessary to achieve the objectives that may be seeking to achieve.

• Finally, if a proposal of this kind is approved, it would bring great unpredictability to international commodity markets, and unfairly affect both EU producers and third countries suppliers like Argentina (which is the second largest supplier of soybean meal and pellets to the EU).

• For the above mentioned reasons, it is noted that Argentina will continue to monitor the evolution of the European Commission proposal to modify the authorization process under Regulation (EC) 1829/2003 for the approval of genetically modified food and feed, which was placed before the Parliament and the European Council in April 2015 and requests Hungary to intercede with the European Commission so the proposal is withdrawn.