Summary: Following the European Union’s update of its policy on genetically engineered crops in March, Scotland and Germany became the first member states to use the policy to ban further cultivation of genetically engineered crops within their borders. With more member states likely to join Scotland and Germany in the wake of their bans, these new policies demonstrate a shift in how countries are thinking about the environmental effects of genetically engineered crops.

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By Andrew Minikowski

This past March, following years of delay and internal debate, the European Union updated its formal policy regarding genetically engineered crops. Under the updated policy, any genetically engineered crop strains must be approved for safety by a European Union review board before they may be grown within the individual member states. As a compromise, the updated policy contains a provision whereby member states may opt out of growing genetically engineered crops—even if they have been approved for cultivation by the European Union itself. Thus, the opt out provision essentially allows member states to individually ban the cultivation of genetically engineered crops within their respective territories.

In early August, Scotland became the first member state to officially use the opt out provision to halt future cultivation of genetically engineered crop varieties by Scottish agriculturalists. The ban was met with resounding applause by anti-genetic engineering advocates, even if many commentators saw the ban as merely a way for Edinburgh to further distance itself politically from London. Indeed, the rest of Great Britain has vigorously embraced the growth of genetically engineered crops since the March policy update, despite significant domestic resistance. However, several weeks after Scotland’s band, Germany followed suit and announced a domestic ban. Given Germany’s prominent role in the European Union and status as a global economic powerhouse, the German ban is likely to be influential in other member states and beyond. But what is it that drove Scotland and Germany to adopt a full ban on the growth of genetically engineered crops?

Genetically engineered crops—particularly strains of corn, soybeans, and wheat—have proliferated wildly since their introduction in the 1990s. Many agriculturists were attracted to the crops given their higher yields, lower water requirements, and greater resilience to weeds and other pests. However, there has been strong resistance to genetically engineered crops since their initial introduction. Often erroneously referred to as “genetically modified organisms” or “GMOs,” a crop is genetically engineered when humans insert foreign genetic material into the crop’s genetic structure in order to achieve particular traits that would not be possible to achieve through traditional crop breeding. Conversely, genetic modification is the process by which humans cross-breed particular strains of a crop to achieve desired traits and has been utilized by mankind since the dawn of agriculture.

Though the science on the health effects of genetically engineered crops and food byproducts is inconclusive at best, the consensus on the environmental effects of cultivating genetically engineered crop strains is firmly established. Genetically engineered crops decrease biodiversity, negatively impact local plant species, cross-pollinate (or, perhaps, cross-contaminate) with heirloom and organic crops, and contribute to greater use of herbicides and pesticides that can severely damage local flora and fauna. Due to the environmental and ethical objections of many citizens, 64 countries—including major international players such as Japan, Russia, and China—require the labeling of food products containing genetically engineered material. Of these 64 countries, 28 are European Union member states. In its typical lag behind the rest of the industrialized world, the United States requires no labeling of such products, though three states have enacted legislation to do so. The laws in Connecticut and Maine currently remain dormant under their trigger clauses and will only become operative when a requisite number of other states enact similar legislation. Vermont’s labeling law is slatedto go into effect in 2016 but is currently under heavy assault in federal court by the Grocery Manufacturers Association and its industry allies.

Interestingly, the bans in Scotland and Germany seem to have been prompted primarily by the environmental effects of genetically engineered crop cultivation, rather than ethical or consumer protection reasons. Whereas many individual citizens and Internet “slacktivism” are overwhelmingly focused on the perceived health impacts of genetically engineered crops, national governments seem to be preoccupied with the environmental repercussions of growing such crops. Indeed, this was apparent in the statements of Scottish and German officials when announcing the respective bans.

Richard Lochhead, the Scottish Secretary of Rural Affairs, noted that the ban was prompted by Scotland’s concern for its “beautiful natural environment” and that banning the crops would help cultivate the country’s “clean, green status.” Several members of Scotland’s Parliament voiced support for the ban, commenting on the potential for the crops to harm Scotland’s environment. When Christian Schmidt, the German Agriculture Minister, announced Germany’s ban, the Scottish National Party praised Germany’s decision and noted that “the German government recognizes the importance of…keeping its environment clean and green.”

Thus, the rhetoric accompanying the Scottish and German bans demonstrates that national governments have begun to think about genetically engineered crops from a primarily environmental perspective, rather than in response to potentially unfounded consumer concerns or purely economic motivators. That governments are willing to listen to environmentally motivated arguments should encourage advocacy groups and individuals to petition their own governments froman environmental angle. Indeed, these concerns have surfaced in the United States as well, as the statement accompanying Vermont’s labeling bill specifically noted the threats that genetically engineered crops pose to biodiversity and ecological health.

This shift in thinking about genetically engineered crops bodes well for activists, as the studies evaluating the environmental effects of genetically engineered crops are much more scientifically established than those regarding human health effects. Additionally, given the international influence of Scotland and particularly Germany, it is likely than many other countries may follow their example in the coming months. As for other European Union member states, the individual countries have until October to act under the opt out provisions of the March policy update.

  Andrew W. Minikowski graduated summa cum laude from Vermont Law School in 2015. While at Vermont Law, he served as Editor-in-Chief of the Vermont Journal of Environmental Law , competed as a member of the Pace National Environmental Law Moot Court Competition team, and worked on Vermont’s labeling bill lawsuit as a student clinician in the Environmental and Natural Resources Law Clinic. He is currently serving as a judicial law clerk on the Connecticut Supreme Court. In his spare time he enjoys reading, botanizing, and backpacking.

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