g o v e r n m e n t & policy
BIOSAFETY TREATY STALLS Talks to craft a treaty to regulate trade in genetically engineered organisms break down over agricultural commodities
Bette Hileman C&EN Washington
After 10 days of talks in Cartagena, Colombia, delegates from 138 countries failed to reach agree
ment on a treaty to regulate international trade in genetically modified products.
The agreement, called the Biosafety Protocol to the United Nations Convention on Biological Diversity, aims to protect biological diversity of species from dangers posed by cross-border movements of transgenic seeds, plants, fish, and other organisms. If approved, it would have required an exporting country to obtain permission from an importing nation before it could make the first shipment of certain categories of transgenic organisms.
The talks were suspended in the early morning of Feb. 24 when the U.S. and five other large agricultural exporters, called the "Miami group," rejected a compromise proposal supported by nearly ev-
U.S., Argentina, and Canada are the major producers of transgenic crops
Note: In 1998, Spain, France, and South Africa produced minor amounts of transgenic crops; China produced an unknown amount, a Estimate. Source: International Service for the Acquisition of Agri-Biotech Applications
ery other nation. The meeting was to be the last in a series of six negotiating sessions that started in 1996. This was the first environmental treaty in at least 16 years in which an agreement was not
reached by the scheduled deadline, said Michael Williams, a spokesman for the UN Environment Program. Talks may resume sometime before May 2000.
The Cartagena talks stalled over three major issues. One was whether genetically modified agricultural commodities— those intended for food, feed, or processing—should be included under the scope of the protocol. That is, delegates could not agree about whether to require a permit from an importing country before a genetically modified commodity, such as soybeans or cotton, could be exported for the first time.
Another issue was labeling of the products. Some countries wanted all bio-engineered organisms, including agricultural commodities, to be clearly labeled.
A third contentious issue concerned the relationship of this protocol to other international treaties, especially those negotiated under the World Trade Organization (WTO). Most developing nations and the European Union (EU) wanted the biosafety protocol to take precedence over WTO rulings if a transgenic organism poses a serious danger to biological diversity. The Miami group—the U.S., Canada, Australia, Argentina, Chile, and Uruguay—wanted the WTO rulings to be at least equal to, or perhaps superior to, rulings under the biosafety protocol. (The Miami group is named after a meeting the countries held in Miami in 1997, where they worked out a common policy.)
The highly polarized meeting did not technically end on the final day but was
Biosafety protocol traces origin to 1992 Rio meeting The efforts to negotiate a biosafety protocol began at the Earth Summit in Rio de Janeiro in 1992. There, governments from around the world signed the United Nations Convention on Biological Diversity. The goal of this convention is the conservation of biodiversity. Currently, 175 parties have ratified the convention. The U.S. signed it, but has not ratified it.
Negotiations for a separate biosafety protocol were set up at a second conference of the parties to the Biodiversity Convention in Jakarta, Indonesia, in November 1995. At this meeting, delegates decided on what is called the Jakarta mandate, which states that the future biosafety protocol would specifically focus on "the transboundary movement of any living modified organism resulting from modern biotechnology that may have adverse effects
on the sustainable use of biological diversity."
A series of six working group meetings was planned to fashion a protocol. At the first meeting, in Aarhus, Denmark, in 1996, governments listed elements for a protocol and outlined the information required to guide their work.
By the end of the third working group meeting in 1997, the delegates produced a consolidated draft text to serve as a basis for negotiation. They addressed issues including socioeconomic considerations, liability and compensation, illegal traffic in transgenic organisms, and trade with nonparties to the protocol. However, consensus was not reached on any issue.
At the fifth working group meeting in Montreal in 1998, the delegates reduced the draft text from 45 to 40 articles. Thirteen articles remained entirely
bracketed, however, indicating that delegates had not agreed on the key elements of a protocol, let alone the articles' contents. Polarized positions were taken over the protocol's scope. Countries were lining up on opposing sides concerning whether the products of transgenic organisms and bulk agricultural commodities would be covered under the scope of the protocol.
The sixth working group meeting was held Feb. 14-21 in Cartagena, Colombia, and was followed by a conference of the parties to the Convention on Biological Diversity. These meetings stalled over the issues of whether permits would be required for bulk shipments of transgenic agricultural commodities and over the relationship of the biosafety protocol to other international agreements, such as those under the World Trade Organization. Biosafety negotiations were suspended until sometime before May 2000.
3 6 MARCH 15,1999 C&EN
Millions of acres
U.S. Argentina Canada Australia Mexico
TOTAL
1997
20.0 3.5 3.2 0.2 0.2a
27.1
1998
50.6 10.6 6.9 0.2 0.2
68.5
Burrows: seeds versus commodities
suspended until some time before the Conference of the Parties to the Convention of Biological Diversity convenes in May 2000. Under UN rules, terminating the meeting would have made it much more difficult to resume negotiations and build on progress achieved in Cartagena.
The countries plan to meet again to try to complete a biodiversity protocol, if they can find some common ground beforehand. "We will see through some informal meetings whether there is any basis for reconvening," said Rafe Pom-erance, deputy assistant to the secretary of state and alternate head of the U.S. delegation.
The conflicts in Cartagena stemmed in part from radically different views of genetically modified organisms (GMOs). The Miami group considers GMOs essentially the same as conventional crops. It believes that very few transgenic organisms would pose dangers to biodiversity and that virtually none would threaten human health.
The rest of the world, including most developing nations and the EU, believes it is very likely that some GMOs will become biological time bombs, causing serious damage to biodiversity or human health.
At previous negotiations over the protocol, countries tended to split into two camps over most issues—developed nations versus developing. But in Cartagena, the power struggle was essentially trilateral, with the Miami group on one side, most developing countries on the other, and the EU in the center, trying to broker a middle ground between the opposing sides.
Both industry and environmental
groups played major roles at the meeting. A global industry coalition representing 2,200 firms—agricultural commodities, food processors and retailers, and research companies—decided on a unified position concerning GMOs and sent a number of representatives. The coalition's positions on most issues were virtually identical to the views of the Miami group. Environmental groups, represented by dozens of people, held views similar to the most extreme opinions of developing nations.
The handling of exported agricultural commodities was by far the largest sticking point in the negotiations. At the start of the meeting, the EU and a bloc of developing nations—which included all of them except for those in the Miami group—wanted these commodities explicitly included under the protocol. The protocol would then require a permit from the importing nation before a commodity could be shipped for the first time under a system called advanced informed agreement (ALA). The ALA process would involve doing a risk assessment on the commodity and labeling it clearly as genetically modified.
The eventual draft protocol, which the Miami group rejected on Feb. 24, explicitly included under the ΑΙΑ procedure only organisms, such as seeds, fish, and microbes, that are intended to be introduced into the environment. But another provision in the draft protocol allowed a nation to decide with domestic legislation that a particular commodity must require an ΑΙΑ "It had a loop-back where you could declare additional products into the ΑΙΑ in a unilateral manner," Pomerance said.
Environmental groups at the conference said they wanted commodities under the scope of the protocol partly be-
Margulls: genetic transfers will be rapid
cause commodities can spill and thus be transferred into the environment, and some commodities end up being used as seed even if that was not the original intention. "With those kinds of categories, how do you differentiate between seeds and commodities?" asked Beth Burrows, director of the Edmonds Institute in Edmonds, Wash., a public interest group devoted to the sustainability of ecosystems.
Burrows conceded that, in the short run, it would be expensive to separate transgenic crops from conventional crops in commodity shipments and to require an ΑΙΑ for the first shipment to each country. "But in the long run, it will be cost-effective to do this, because the confidence it will bring to the industry may result in more business," she claimed. She compared instituting an ΑΙΑ procedure for commodities to the government regulation that required railroads to switch to standard-sized tracks. "In the first few years, that may have been pretty brutal to some owners," she said. Similarly, with transgenic commodities, separating, labeling, and requiring an ΑΙΑ procedure might at first "feel like a huge cost to little avail," she explained.
Some environmental groups also worry that transgenic genes from commodities—especially those that end up being sold as seed—will flow into conventional agricultural species and into closely related wild plants. This could create super-weeds if the genes for herbicide or insect resistance flow into wild plants, the groups contend, or it could permanently change the wild species that are now used as a gene bank for creating new varieties. "Genetic transfers will be rapid,
MARCH 15,1999 C&EN 3 7
Soybeans and corn dominate the transgenic crop market
Millions of acres
Soybean Corn Cotton Canola
TOTAL
1997
12.6 7.9 3.5 3.0
27.0
1998
35.8 20.5
6.2 5.9
67.4
Note: Transgenic potatoes also play a minor role in the market. Source: International Service for the Acquisition of Agri-Biotech Applications
g o v e r n m e n t & policy even into nonagricultural species," said Charles Margulis, genetic engineering campaigner for Greenpeace.
A paper published in Nature last year [395,25 (1998)] shows that transgenic genes flow 20 times more readily than genes that are part of a plant's original genome. This finding indicates that gene transfer may be much more of a problem than most scientists originally thought, says Philip L Bereano, representative of the Council for Responsible Genetics, a public interest advocacy group concerned with the social and environmental effects of biotechnology.
Environmental groups are also concerned that unless transgenic commodities are labeled, people could develop allergies to the novel proteins in the crops and have no idea what they are reacting to. There are no standard allergen tests for these novel proteins because people have not consumed them until recently, said Beatrix Tappeser of Forum Environment & Development, Freiburg, Germany, a nonprofit group concerned with the relationship between environment and development. 'That is one of the concerns of the European public," she said.
Tappeser also worries that the antibiotic-resistance marker genes used in 95% of the transgenic crop species will be transferred to microbes in the guts of humans or animals and create antibiotic-resistant microbes. During development of a transgenic crop, marker genes are used to verify that the transgene of interest actually has been transferred into the seed. Transgenic corn is a special problem because it has ampicillin-resistance marker genes, Tappeser said, and ampi-cillin is commonly used as an antibiotic in humans. Marker genes can be removed during seed development, but doing so is expensive.
In contrast, the Miami group and industry organizations insisted that agricultural commodities cannot be included under the protocol without huge disruptions to trade. "Ifs just a fact that there is no way to apply the ΑΙΑ procedures... to trade in bulk commodities without seriously disrupting commodity trade and fundamentally changing the way it takes place," said David B. Hegwood, who is a consultant working for a number of commodity organizations.
First, there is no easy way to tell whafs in any particular shipment because bulk commodities are commingled, Hegwood said. "You can always tell through testing, but that is a very expensive and time-consuming process," he noted.
Also, Hegwood added, "there is no way to track what's in a particular shipment." For example, he said, "let's say the EU had approved GMO-A and Brazil had approved GMO-B, but not GMO-A. There would be no way of guaranteeing that either the EU or Brazil would not get the particular GMO it had banned."
L. Val Giddings, vice president for food and agriculture at the Biotechnology Industry Organization, Washington, D.C., described the problem this way: "Commodity shipments very often pass through multiple hands on the way from farmer to consumer. Multiple varieties are commingled and mixed at various steps along the way, and very often the ultimate destination of these commodities is determined in transit. Container ships full of the stuff heading across the Atlantic often don't know if they are going to ports in Rotterdam, London, or Spain until they are halfway across the ocean." Requiring AIAs for commodities "is a prescription for absolute utter chaos," he said.
Furthermore, Giddings said, there is no reason to require AIAs for commodities because "no one has put forth a credible argument that they pose any risk to biodiversity. Native wild species, such as wild species of corn in Central America, are more at risk from a wandering cow than they are from varieties grown by farmers, whether transgenic or conventional," he claimed.
"The main threats to biodiversity come from clear-cutting forests and replacing them with agriculture," Giddings said. Transgenic crops are making positive contributions to biodiversity, he ar-
Hegwood: no way to track
Bereano: much more of a problem
gued, because they are increasing yields, thus reducing the acres of forest that are cut for farmland. They are also reducing the volumes of pesticides that must be used on cropland, resulting in less pesticide runoff to water bodies, he noted.
Commodities probably would not have been such a hotly contested issue if the market for transgenic crops were not rising almost exponentially. Global sales of transgenic crops estimated at $75 million in 1995 increased almost 20-fold to $1.2 billion and to $1.5 billion by 1998. Nine countries were growing transgenic crops in 1998, and 20 to 25 are expected to be producing such crops in 2000.
At the outset of the meeting, some countries were also pushing for inclusion of processed products—such as canola oil made from genetically engineered canola—in the ΑΙΑ procedure under the protocol. Also, early on, some nations advocated the inclusion of pharmaceuticals made from transgenic organisms and transgenic organisms intended for use in laboratories or closed industrial facilities. But all of these categories were eventually excluded from ΑΙΑ procedures.
Environmental groups at the meeting wanted to include products made from transgenic crops and pharmaceuticals. They complained that 95% of the products that should have been covered by the protocol were excluded and that the only materials that were definitely covered in the final draft protocol were transgenic seeds, plants, and animals intended for introduction into the environment In a statement, the nongovernmental organizations of developing countries complained that the draft protocol is "so filled
3 8 MARCH 15,1999 C&EN
Groote: protect biodiversity
with exclusions that almost nothing would be subject to the protocors procedures."
Another contentious issue was whether human health effects should be considered in the risk assessments done under the protocol. The Miami group and industry representatives said that the mandate for the protocol does not cover human health and that the health effects of foods are well regulated by other international agreements. "The objective of this protocol is to protect biodiversity under the Jakarta mandate of the biodiversity convention," said Joyce Groote of BIOTECanada, an industry association in Canada. The Jakarta mandate, which was a decision the parties to the biodiversity convention reached in Jakarta in 1995, does not include human health, she said.
"We have a body called the Codex Alimentants [under the World Health Organization] which sets food safety standards for international trade," said Melinda Kimble, head of the U.S. delegation and acting assistant secretary at the State Department. "This protocol is not an institution designed to deal with public health or human health issues," the State Department's Pomerance claimed.
In contrast, the EU and most other countries wanted human health risks evaluated with the risk assessments. They do not trust that the codex would take adequate precautions to protect human health from transgenic crops. Eventually, the Miami group compromised, and human health remained a part of the draft protocol.
The relationship between the biosafe-ty protocol and other international agree
ments was also a source of enormous conflict The draft protocol contained "no clause that made sure countries had to operate under this protocol consistent with their obligations under other agreements," Pomerance said. In fact, until the final hours of the meeting when the EU presented its compromise, the protocol contained an article that allowed it to take precedence over other international treaties, such as those under the WTO.
The EU and most developing countries contended that if there is a conflict between trade and threats to biodiversity, the WTO dispute resolution body would likely rule in favor of trade. As a result, they said they wanted the bio-safety protocol to be able to trump the WTO when there are serious threats to biological diversity.
This is all part of the larger issue of how to protect trade and the environment simultaneously that relates to many different international agreements, said Paul Hagen, a director at Beveridge & Diamond, a law firm in Washington, D.C. How international trade agreements, such as the General Agreement on Tariffs & Trade, and multilateral environmental agreements, such as the Basel Convention on the international shipment of hazardous waste and the biosafety protocol, are going to work together has not yet been sorted out, he explained.
One factor that probably made compromise difficult in Cartagena is that the talks were taking place against a background of intense and rising protests against transgenic crops in the U.K., Western Europe, and India. Some European countries, such as Austria and Lux-
Giddlngs: prescription for chaos
embourg, have banned all transgenic commodities, and Norway has banned all crops having antibiotic-resistance marker genes. Public attitude surveys conducted in both Britain and Germany show strong sentiment against bioengi-neered agricultural products. A survey commissioned by Monsanto last year in Britain said "the broad climate is extremely inhospitable to biotechnology acceptance" (C&EN, March 8, page 27). Such strong public aversion to transgenic crops in Europe probably made it extremely difficult for the European delegates to compromise on certain core issues.
The environmental groups at the meeting found the draft protocol presented in the early morning hours of Feb. 24 very flawed, but they hoped it would be accepted. They believed that even a flawed protocol was better than none and might be a stepping stone to a stronger protocol in the future. They blamed the Miami group of agricultural exporters for the failure to reach consensus. 'The text had flaws because the U.S. at every point was attempting to water it down. But if the majority of the countries felt this draft text was the way to move forward, that is what should have happened," said Doreen Stabinsky of the Council for Responsible Genetics.
Some EU delegates say the Cartagena talks were a large setback for international relations because the conflicts were so bitter. But Pomerance countered: "No, on the contrary, rejecting the protocol was quite a constructive step because when you reject a bad, unworkable agreement, that enhances the credibility of the process and makes people a little more careful about what they are doing. The worst thing for the process would have been to conclude the agreement. We were not willing to tie up trade in the world's food supply by a complicated permit regime."
But the developing countries countered that their aim was not to cut back on trade. "It is not true that what we were asking for was to impede trade. We were asking for biosafety," said Joseph Gopo, the delegate from Zimbabwe.
The negotiators say they are now tired of this issue and need time to step back and rethink their positions. They will probably not be trying to find common ground, even informally, for a few months. If the serious gulfs in basic beliefs about bioengineered organisms are not bridged, there indeed may never be a protocol.^
MARCH 15,1999 C&EN 3 9