Voluntary Report - Public distribution

**Date:** 7/9/2007

**GAIN Report Number:** GM7042

GM7042

**Germany**

**Biotechnology**

**Biotech Traces in German Rapeseed Seeds**

**2007**

**Approved by:**

![](media/image1.wmf)Bobby Richey Jr.

U.S. Embassy Berlin

**Prepared by:**

Dietmar Achilles

**Report Highlights:**

Traces of an EU unapproved biotech event were found in a conventional
rapeseed variety in Germany. Farmers who already planted the seeds are
now ordered to destroy the plants. A replanting of the destroyed fields
with rapeseedis prohibited for 2007 and 2008.

Includes PSD Changes: No

Includes Trade Matrix: No

Annual Report

Berlin \[GM1\]

\[GM\]

SUMMARY: Farmers across Germany are under threat to destroy about 1500
hectares of recently sown rapeseed because it was recently discovered
that the seed contained trace amounts of an EU-unapproved biotech event.
Prior to planting, the seed in question had been tested negative for
biotech content several times. Legal actions are pending.

REPORT

In Germany, it is common practice to test rapeseed for EU-unapproved
biotech events prior to sell the seed to farmers. This summer after two
sets of negative test results, a German seed company sold rapeseed for
planting of approximately 1500 hectares to farmers across several German
states. A third test sample was submitted to authorities in the state of
Nordrhein-Westfalen (NRW) for official testing. However, this sample was
not tested until after the seed had been sold and planted. However, the
official results of the test indicated that the seed tested positive for
0.03 percent content of the EU-unapproved biotech event GS4090. (Note:
The reliable level of detection in the test method used is reportedly
0.1 percent.)

Once this rest result was made public, the seed company and the German
Plant Breeders Association requested that the NRW lab run a second test
to avoid any possibility of a false positive; however, the lab declined
because the original test was conducted by a certified lab and using a
validated method.

Based on the NRW test result, the Agricultural Minister in the State of
Mecklenburg-Vorpommern (MV) announced that fields sown with seed that
had tested positive for EU-unapproved biotech events must be destroyed.
In addition, the Minister announced restrictions that will prevent
farmers from re-sowing these fields in rapeseed in 2007 and 2008.
Similar decisions are expected also for other German states where these
seeds have been planted.

The financial damage for the affected farmers may total one million
Euros, which appears to be covered by the seed company\'s insurance
company. It is also reported that several of the farmers are considering
a class action suit against the Ministry of Agriculture in MV based upon
the fact that only one test was found to be positive which has taken
precedent over numerous other negative test results.

The seed company involved in this situation is a locally owned German
seed company that has ties to several international partners both in
other EU member states and in North America. A company source has
confirmed that the seed under question was multiplied in Germany during
that past growing season. Seed multiplication was done in a region,
which is more than 130 kilometers distant from the location of a
previous biotech rapeseed field release.

As expected, the press reaction has been critical. The Green Party and
anti-biotech NGO\'s are pointing to this as another example of how
agricultural biotechnology cannot be controlled and is a danger to the
environment.