"I ordered the competent Federal Office of Consumer Protection and Food Safety (BVL) to invoke a safeguard clause under Section 20 of the Genetic Engineering Act and Article 23 of Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms," Federal Minister of Food, Agriculture and Consumer Protection Ilse Aigner said at a press conference in Berlin "This means that the cultivation of MON810 in Germany is prohibited."
The invoking of the safeguard clause by the BVL against the Monsanto company suspends the approval of MON810. This makes any cultivation and any further sale of maize seeds from the MON810 line illegal. "The federal states will be immediately informed about this measure and will monitor compliance with this ban," Minister Aigner said.
The Federal Minister had asked for an in-depth assessment of the results of the observation programme on the cultivation of MON810 presented by Monsanto at the end of March and for an examination of potential new aspects with regard to the environmental impact of MON810. The assessment by the federal authorities (Federal Office of Consumer Protection and Food Safety, Julius Kühn Institute - Federal Research Centre for Cultivated Plants, Federal Agency for Nature Conservation) did not give a uniform picture.
Federal Minister Ilse Aigner’s decision also took into account the fact that five Member States of the European Union have already taken corresponding legally effective safeguard measures with regard to MON810 maize. The most recent of these was Luxembourg which invoked the safeguard clause at the end of March.
"I conclude that there are justified grounds for supposing that the genetically modified maize of the MON810 line constitutes a danger to the environment," Aigner said. This view was also confirmed by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.
"Contrary to other assertions, my decision is not political," Aigner said. "It is a technical decision and is moreover required to be so for legal reasons."
The approval of MON810 was granted in 1998 at European level and this approval remains valid until a decision on re-approval is taken at European level.
"I would like to emphasise that this is not a fundamental decision on our future attitude towards agrobiotechnology," Federal Minister Aigner explained. "It is a decision relating to one specific case where the pros and cons have been carefully considered and a decision taken on scientific grounds." According to Aigner, the many unresolved questions regarding the only genetically modified organism currently approved in Europe for commercial cultivation make it clear that more safety research is required.
"What is particularly needed is safety research in the field of agrobiotechnology. The basic principles governing the practical use of agrobiotechnology must include the assurance that this technology is completely safe for humans, animals, plants and the environment," Aigner said.
The Federal Minister of Agriculture mandated her ministry to prepare a strategy paper on how genetic engineering issues are to be approached in future. It is important that independent experts are involved in this process. It is planned to conduct a programme on safety research and to prepare guidelines for the future authorisation process. The programme is also intended to answer questions relating to the designation of voluntarily established GMO-free regions.