Country Reports Coexistence in Germany

The German Genetic Engineering Act addresses some aspects of coexistence. The current version of the act, however, lacks specific, practical measures for coexistence such as prescribed separation distances. Among the topics covered include:

Site registration

All plantings of GMOs, including field trials and commercial cultivation, must be entered into a public register. Notifications must be received three months in advance for commercial cultivation, or three days in advance for a field trial. The entry in the register must specify the name and the unique identifier of the GMO, its novel trait(s), site location and size, and the name and address of the farmer or scientist. Personal information is withheld from the public unless it is of personal interest to an inquirer, e.g. if a farmer wants information on who is growing GM crops in the immediate vicinity.

Liability

In Germany, farmers growing GM plants are liable for all economic losses incurred on neighbouring farms due to unwanted admixture regardless of whether or not a direct link can be ascertained. An economic loss occurs when a neighbouring farmer’s harvest exceeds the 0.9 percent threshold for GM content that makes it illegal to sell the harvest without a GMO label.

Farmers growing GM crops are still liable even if they followed the codes of good agricultural practice designed to prevent out-crossing and admixing. Codes of good agricultural practice for coexistence still have yet to be finalised. The current, general guidelines request farmers to maintain distance between GM and non GM plantings, select varieties with different flowering times, and set up barriers to intercept pollen flow. Farmers growing GM crops should be vigilant of volunteers the following year and take care to avoid mixing of GM and non-GM goods during storage and transport. Workers that deal with GM plants are required to have suitable training, and seed companies are asked to provide cultivation and handling recommendations to farmers.

The government's recommendations for farmers growing GM crops are therefore only general guidelines, which were based on the results of the maize test plantings in Germany during 2004 and 2005 (Erprobungsanbau). The test plantings concluded that 20 metres can be considered sufficient for keeping out-crossing below the 0.9 percent labelling threshold.

The German government announced that it would revise coexistence regulations in 2006. The changes are planned for liability and may also include more detailed guidelines for good agricultural practice. The update is not expected to have relevance until the 2007 growing season.

See also on GMO-Compass:

• Coexistence: Different Agricultural Systems Working Side by Side