Commission staff working document accompanying report from the Commission to the Council and the European Parliament on the coexistence of genetically modified crops with conventional and organic farming Implementation of national measures on the coexistence of GM crops with conventional and organic farming {COM(2009) 153 final} - Document in electronical version only
Date: 2009-04-02
Institutions: European Commission
Subjects: allocation of land, consumer protection, cultivation system, environmental risk prevention, genetically modified organism, national agricultural policy, organic farming

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 2.4.2009 
SEC(2009) 408  

COMMISSION STAFF WORKING DOCUMENT 

accompanying 

REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN 
PARLIAMENT 

on the coexistence of genetically modified crops with conventional and organic farming 

Implementation of national measures on the coexistence of GM crops with conventional 
and organic farming 

{COM(2009) 153 final} 

DOCUMENT IN ELECTRONICAL VERSION ONLY 

EN 

   EN 

 
 
 
  
 
 
 
 
 
 
Table of contents 

1. 

Technical details concerning the national or regional coexistence legislation...... 4 

1.1. 

Information, registration and training procedures...................................................... 4 

1.1.1.  Procedures for the information of public authorities of GM crop cultivation ............. 4 

1.1.2.  Procedures for the information of third parties of GM crop cultivation ...................... 8 

1.1.3. 

Information procedures applying for operators other than farmers dealing with GM 
seeds or harvested material of GM crops (obligations resulting from Community 
legislation are not listed) ............................................................................................ 12 

1.1.4. 

Information on GM crop cultivation made available to the general public or to parties 
with a specific interest................................................................................................ 13 

1.1.5.  Mandatory authorisation or notification procedures for the cultivation of GM crops 

and, if applicable, conditions to be met by farmers to receive authorisation for the 
cultivation of GM crops ............................................................................................. 16 

1.1.6.  Requirements on mandatory training to demonstrate a minimum level of knowledge 

or education for operators dealing with GMOs.......................................................... 19 

1.1.7.  Provisions on record keeping for GM crop growers (this section does not consider 

obligations under Community legislation, notably Regulation (EC) No 1830/2003) 22 

1.2. 

Technical segregation measures ................................................................................ 24 

1.2.1.  Maximum tolerance level of GMO admixture in non-GM production that was taken 
into account to derive the required segregation measures between GM and non-GM 
production .................................................................................................................. 24 

1.2.2.  Spatial segregation measures applying to segregate fields with GM crops from other 

fields or from other areas. .......................................................................................... 26 

1.2.3.  Operators responsible for the implementation of the segregation measures.............. 29 

1.2.4.  Measures required during seed handling, seeding, cultivation (other than spatial 

segregation measures), harvest, post-harvest operations, transport, storage and further 
processing................................................................................................................... 31 

1.2.5.  Application of segregation measures; Agreements between neighbours not to apply 

segregation measures ................................................................................................. 36 

1.3. 

Rules and procedures in cases of GMO admixture and/or damage .......................... 38 

1.3.1.  Notification requirements applicable for operators in cases where GMO presence is 
observed in non-GM products or elsewhere in the environment (labelling 
requirements according to Community legislation are not considered here)............. 38 

1.3.3.  Availability of insurance cover on the market for economic risks related to GMO 

admixture.................................................................................................................... 43 

1.3.4.  Obligatory subscription of an insurance .................................................................... 44 

EN 

2 

   EN 

 
1.4. 

Restrictions for the cultivation of GM crops.............................................................. 45 

1.4.1.  Regions where GM crops may not be grown, or where specific authorisation 

procedures apply ........................................................................................................ 45 

1.4.2.  Designation of regions or zones reserved for the cultivation of GM crops or, 

alternatively, for the cultivation of non-GM crops .................................................... 47 

1.4.3.  Provisions concerning the possibility that coexistence may not be possible in certain 

regions due to difficult farming conditions................................................................ 50 

1.4.4.  Measures concerning the cultivation of GM crops in the framework of the national or 
regional Rural Development Programmes ................................................................. 51 

1.4.5.  Legislative restrictions for the cultivation of GM crops ............................................ 52 

1.4.6.  Agreement of third parties to the cultivation of GM crops........................................ 53 

1.5. 

Administrative provisions........................................................................................... 55 

1.5.1.  Enforcement and monitoring of the provisions by public authorities........................ 55 

1.5.2.  Penalty rates for non-compliance of the coexistence rules ........................................ 58 

2. 

2.1. 

2.2. 

3. 

4. 

4.1. 

4.2. 

4.3. 

5. 

5.1. 

5.2. 

5.3. 

6. 

6.1. 

6.2. 

Monitoring programmes of the co-existence legislation ....................................... 61 

Monitoring programmes established following the adoption of the legislation, and 
their outcome.............................................................................................................. 61 

Indication regarding the appropriateness or inappropriateness of the co-existence 
rules in place .............................................................................................................. 64 

List of national co-existence legislation in force .................................................... 66 

Commercial experience with GM maize cultivation............................................. 68 

Surface of GM maize cultivation and development over time.................................... 68 

Identified problems in relation to commercial GM maize production....................... 70 

Impact of the adopted co-existence legislation on the introduction of GM crops ..... 71 

Cross-border issues .................................................................................................. 72 

Cooperation with neighbouring Member States in order to address the cross-border 
implications of the different national co-existence regimes....................................... 72 

Documented cases of economic damage resulting from cross-border admixture of 
GMOs or other observations of cross-border admixture........................................... 74 

Claims that operators have difficulties implementing co-existence measures in the 
close vicinity to a border............................................................................................ 75 

National research activities on co-existence........................................................... 76 

Relevant supporting research for the development of co-existence measures........... 76 

Coexistence research currently taking place in the Member States .......................... 84 

EN 

3 

   EN 

 
Implementation of national measures on the coexistence of GM crops with conventional 
and organic farming 

This report is mainly based on the information provided by the Member States in response to 
a  questionnaire  circulated  by  the  Commission.  Empty  cells,  where  the  information  made 
available  by  the  Member  States  was  not  sufficient  to  provide  a  detailed  description  of  the 
situation have been deleted. 

1.  Technical details concerning the national or regional coexistence legislation 

1.1. Information, registration and training procedures 

1.1.1. Procedures for the information of public authorities of GM crop cultivation 

The legislation of the regions (Länder) differs in detail. Generally, farmers who 
intend  to  cultivate  GM  crops  have  to  inform  public  authorities  three  months  in 
advance. Information to be provided includes (not necessarily in all regions): the 
land registry designation of the parcel of land concerned with the intended use as 
well as that of the adjacent parcels of land (partly also names and addresses of 
owners  of  adjacent  parcels);  a  proof  of  land  ownership  or  other  right  of  use 
relating to the parcel of land intended to be used; a proof of the agreement of the 
landowner (co-owner) for the intended use for the duration of the application, if 
the notifier is not the sole owner; a description of the size, location and nature of 
the parcel of land that is to be used; details enabling identification of the GMOs 
that  are  to  be  applied  to  the  land  and  of  their  particular  properties  and 
characteristics;  proof  of  the  approval  issued  under  the  genetic  engineering  law, 
including any conditions and instructions provided for thereby; a description of 
the  conditions  of  application  (objectives,  schedule  for  application,  methods  of 
application,  number  of  GMOs,  procedure  for  disposal  or  destruction  of  the 
GMOs)  and  details  of  possible  recipient  plants;  details  of  the  intended 
precautionary  measures;  a  declaration  of  the  farmer  to  possess  appropriate 
knowledge in order to avoid an inappropriate use of GMOs and be able to take 
the necessary preventive measures.  

Flanders  (draft  measures):  Farmers  who  intend  to  cultivate  GM  crops  shall 
inform  the  competent  authority  and  shall  submit  a  certificate  which  shows  that 
training  on  the  cultivation  of  GM  crops  has  been  followed.  The  Flemish 
Government still has to determine the exact content of the information (but the 
farmer’s  name,  address,  exact  location  of  the  crop  field,  type  of  GMO  are 
certainly  needed)  and  the  ultimate  notification  date  (probably  approximately  4 
months before the sowing or planting date). 

Wallonia:  A  registration  is  compulsory.  The  procedure  is  still  to  be  defined. 
Information  to  be  provided:  identity,  location  of  the  crop,  species  that  will  be 
planted,  unique  identifier,  variety  name,  planned  date  of  planting,  result  of 
neighbours’  notification,  declaration  of  notification  to  other  parties  (if  needed: 
owner of the land, farmer using machinery in common), engagement to respect 
specific cultural practices 

4 

   EN 

AT 

BE 

EN 

 
CY 

Measures not yet determined 

Information provided to the Ministry of Agriculture by Bt maize growers before 
sowing (at the latest on 1st March of the growing year for maize and potatoes): 
farmer’s  identification,  identification  of  the  field  (unique  number  according  to 
the  Land  Parcel  Identification  System),  supposed  sowing  date  of  GM  crop  and 
information whether a buffer zone will be implemented, including its extent. 

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. 

Farmers  have  to  inform  public  authorities  about  GM  crop  cultivation  in  the 
coming  summer  and  winter  season  not  later  than  the  21  April  each  year.  The 
requested information is: location of the GM cropping indicated by field number 
and field block number according to national field register, field size, species and 
variety of the GM crop. The information shall be provided on the same form that 
farmers use to apply for subsidies.  

(Draft  measures)  Farmers  intending  to  grow  GM  crops  have  to  notify  the 
competent authority, which registers GM crop growers. 

(Current  situation)  There  is  no  obligation  to  notify  the  public  authorities  about 
the intention of growing GM maize. Seed marketers have the obligation to notify 
farmers  or  seed  distributors  about  the  quantity  of  GM  seeds  marketed  in  each 
agricultural  season.  These  GM  seeds  are  registered  in  the  National  Commune 
Catalogue of Agricultural Species.  

(Draft  measures)  Farmers  will  have  to  notify  the  regional  competent  authority 
information on the plots when they intend to grow GM crops. The information, 
which includes location of the plot, variety of the GM crop and acreage among 
other data, shall be provided in written form and at the latest one month before 
sowing.  

Before  sowing  or  planting  GM  plant  material  the  grower  shall  make  a  written 
notification  to  the  local  authority.  The  notification  shall  be  made  for  each 
growing period before the first day of December preceding the aimed sowing or 
planting  date.  The  notification  shall  contain  contact  information  of  the  grower; 
the identity of the farm, enterprise, community or person; the name of the plant 
variety  and  the  acreage  and  precise  location  of  its  cultivation;  intended  time  of 
starting  the  cultivation;  and  the  name  of  the  person  that  has  passed  the 
examination  enacted  for  GM  crop  cultivation  and  the  date  of  passing  the 
examination. In case of withdrawal of the notified cultivation, entirely or in part, 
a  written  notification  of  withdrawal  shall  be  made  without  delay  to  the  above-
mentioned authority. 

CZ 

DE 

DK 

EE 

ES 

FI 

EN 

5 

   EN 

 
There  is  no  obligation  for  farmers  to  inform  public  authorities  concerning  their 
intent to grow GM crops. GM crop growers must declare the cultivation after the 
sowing. The following information has to be provided: the exact location of the 
field,  the  cadastral  references,  the  surface,  the  date  of  the  sowing,  the  unique 
identifier of the GMO, and the contact details of the farmer. The information has 
to be provided at the latest by 15 May. 

FR 

The sowing of GM seeds shall not be undertaken unless in possession of a valid 
cultivation  consent of the designated authority  (the  Ministry of Agriculture and 
Rural  Development).  Farmers  have  to  ask  for  permission  from  the  competent 
authority to grow GM crops at least 90 days before the foreseen date of sowing. 
The application shall include the following information: the name and company 
name of the grower, the permanent address or legal abode, the client registration 
number, the location of growing, its cadastral number, size, block identification 
numbers of land sections, as well as the plant species intended to be grown, the 
unique identifier, and the GM trait. The farmer also has to provide the competent 
authority  a  certificate,  which  proves  that  he  participated  in  the  coexistence 
course.  After  the  examination  of  the  application,  the  competent  authority  may 
issue  a  preliminary  cultivation  consent  in  which  it  determines  the  isolation 
distance  and  other  cultivation  conditions,  if  necessary.  After  the  receipt  of  the 
preliminary consent, the farmer has to obtain the prior consent in writing of land 
owners within the isolation distance designated in the preliminary consent, and if 
lands within the isolation distance are not being used by the land owner, the prior 
consent  in  writing  of  the  land  user,  and  if  the  notifier  is  not  the  owner  of  land 
where  he  intends  to  grow  GM  plants,  he  shall  also  submit  the  prior  written 
consent  of  the  owner  of  the  land  concerned.  If  the  owner  of  land  within  the 
isolation  distance  is  the  Hungarian  State,  the  prior  written  consent  of  property 
management  organisation,  or  in  the  absence  of  this,  the  organisation  exerting 
ownership  rights  shall  be  submitted.  If  the  neighbours  within  the  isolation 
distance approve the GMO cultivation by written declaration, it also means that 
during  the  validity  of  the  cultivation  consent,  they  give  up  growing  sexually 
compatible  plants.  All  written  approvals  have  to  be  sent  to  the  competent 
authority  no  later  than  20  days  before  the  foreseen  date  of  sowing.  The 
competent authority makes its final decision on the cultivation within 15 days. 

(Draft  measures):  GM  crop  growers  have  to  inform  the  competent  authority 
(Department of Agriculture, Fisheries and Food (DAFF) and provide information 
to following information: Crop, area, temporal separation, training. The deadline 
for notification is 60 days before planting. 

(Draft  measures):  The  guidelines  foresee  that  a  person  having  the  intention  to 
cultivate  GM  crops  has  to  apply  for  an  appropriate  authorisation  by  the  end  of 
November of the previous year and, in any case, at least three months in advance 
before planting GM crops, supplying the following information: Registry office 
of  the  producer;  cultivated  species  and  the  GM  variety;  foreseen  destination  of 
the  product  (food,  feed,  seeds  or  material  of  multiplication,  industrial  products, 
other);  foreseen  period  of  cultivation;  cadastral  reference  of  the  concerned  area 
(ISTAT code, province and municipality, number of map, parcel and sub-parcel); 
reference  of  enabling  licence;  declaration  for  the  communication  made  to  the 
nearest  producers  and  owners  of  the  land.  In  the  case  of  rented  land  the 

HU 

IR 

IT 

EN 

6 

   EN 

 
application  has  to  contain  a  copy  of  the  formal  owner  agreement.  At  the  same 
time, a farm management plan has to be notified. Moreover, the producers have 
to  proceed  to  the  payment  of  the  regional  tariff  per  hectare  of  the  GM  crop 
cultivation  and  to  notify  within  15  days  after  planting,  the  location  of  the  GM 
plant and the date of the actual seeding. 

Farmer  must  at  least  30  days  prior  to  the  planned  date  of  sowing  or  planting, 
inform the Ministry of Agriculture of the Republic of Lithuania and the Ministry 
of Environment of the Republic of Lithuania using the form attached in Annex I 
of  Coexistence  Rules  of  the  intention  to  cultivate  GM  crops.  In  this  form  the 
farmer indicates the municipality, sub-district of the fields where GM crops are 
to  be  cultivated,  land  block  number,  name  of  the  plants  in  GM  crops  and  the 
unique identifier of the GMO. 

Farmers must inform the competent authority (ASTA) two months before sowing 
GM crops of the exact location of these fields. 

GM crop growers shall submit to the State Plant Protection Service a notification 
for their inclusion in the Register of Growers not later than three months prior to 
the commencement of the activity, and during the subsequent years shall inform 
the  State  Plant  Protection  Service  in  writing  regarding  any  changes.  The 
following information shall be indicated in the notification: 1. the date and place 
of  the  notification  submission;  2.  the  notifier's  given  name,  surname,  personal 
identity  number,  firm  name,  registration  number  and  date  in  the  Enterprise 
Register, address and telephone number; and 3. species, variety, area of the field, 
the location of the field (address) and the purpose of the cultivation of the GM 
crops to be cultivated. 

Per the 1st of February GM crop growers have to inform the public  authorities, 
especially the DR (Service of Rules and Regulations). They have to provide the 
type of crop and exact location.  

Measures not yet determined 

Farmers  must  submit  the  GM  crop  cultivation  notification  form  20  days  before 
the  anticipated  date  of  sowing  at  the  latest  to  the  farmers'  organisation  or  the 
Regional  Agricultural  Service.  Requested 
information:  Name,  Address, 
attendance of training course, species, variety, seed lot number, plot number, area 
to be sown, probable date of sowing/planting, coexistence measures. 

Farmers using seed produced by third parties or from own production shall apply 
for an authorisation, subsequently recorded in the County Register at the latest by 
the  1st  of  May  every  year,  to  the  county  office  of  the  Ministry  of  Agriculture 
(Agricultural  and  Rural  Development  Directorate-  ARDD).  In  case  of  winter 
crops, the authorisation request shall be submitted at the latest 1st of July.  

LT 

LU 

LV 

NL 

PL 

PT 

In  order  to  be  authorised,  the  farmers  have  to  annually  file  an  application  with 
the respective county. The application comes together with a file containing the 
following  documents:  a) 
identification  documents:  for  natural  persons: 
photocopy  of  the  ID  bulletin  /  card;  for  legal  persons:  photocopies  of  the 
registration certificate and fiscal registration certificate; b) documents certifying 

RO 

EN 

7 

   EN 

 
the registration in the Farm Register; c) a statement of the applicant, concerning 
the area operated and the compliance with the GMO legislation (the application 
form and statement are presented in legislation).  

(Draft measures) A notification shall be submitted by the head of an agricultural 
holding  who  intends  to  cultivate  GM  crops  submitted  to  the  Ministry  not  later 
than 60 days prior to the planned cultivation of these GM crops. The head of an 
agricultural  holding  shall  give  the  following  information  in  the  application:  (a) 
information  on  the  applicant  (company  or  personal  name  and  head  office  or 
address; ID number from the business register or citizen’s uniform ID number); 
(b)  specification  of  agricultural  holding  (KMG-MID  number  assigned  to  them 
under  the  act  governing  agriculture);  area,  registered  in  the  Register  of 
Agricultural  Holdings  (RAH),  where  GM  crops  are  intended  to  be  grown 
(GERK-PID  or  part  of  GERK,  actual  area of  crop);  (c)  GM  crops  intended  for 
cultivation  (species  and  variety  of  agricultural  plant,  and  unique  identifier  for 
GMOs  and  type  of  processing  (open  field  or  protected  area);  (d)  measures 
envisaged for ensuring coexistence and the location and the area of agricultural  
land,  where  this  measures  will  be  taken  (for  areas  registered  in  RAH:  GERK-
PID;  for  other  areas:  cadastral  municipality  and  the  parcel  number);  (e) 
responsible person for the cultivation of GM crops that is professionally qualified 
for  the  management  of  GM  crops  (name  and  address;  ID  number;  number  and 
date of the valid examination certificate); (f) written agreement regarding a joint 
implementation  of  measures  for  ensuring  co-existence  between  GM  crop 
producers and the heads of agricultural holdings. If the applicant can  assure all 
measures on his own area registered in Register of Agricultural holdings or the 
on the land located in a specific area around an individual piece of land or area 
(the isolation distance) the written agreement is not required. 

Cultivation  of  GM  crops  shall  be  notified  to  the  Central  Control  and  Testing 
Institute of Agriculture (UKSUP), providing the following information: Name of 
locality,  maps  of  locality  with  place  of  production  and  a  declaration  that  the 
farmer  attended  a  training  course  in  the  handling  with  GM  crops.  Every  year 
before  the  cultivation  the  farmer  shall  inform  the  UKSUP  and  add  a  statement 
that  the  neighbouring  field  users  have  been  informed.  Technical  plans  for  the 
GM crop cultivation shall be added. 

GM crop growers must inform the Swedish board of agriculture, SBA, about the 
cultivation of GM crops. Only actual cultivation is to be reported to the SBA, not 
intentions  to  cultivate.  A  form  is  made  available  and  shall  be  sent  to  the  SBA 
within two weeks from sowing. The form contains questions on: name, telephone 
number and a customer number; crop, variety name, identity of the field and if 
there has been made an agreement with a neighbour farmer (see point 1.2.5). 

1.1.2. Procedures for the information of third parties of GM crop cultivation 

The regional legislation varies. In most regions (Länder), GM crop growers have 
to  inform  owners  or  users  of  adjacent  areas  (in  some  cases  excluding  those  of 
roadways) and areas only separated by roadways without delay and must be able 
to demonstrate proof of this notification. In some regions, information about the 

SI 

SK 

SV 

AT 

EN 

8 

   EN 

 
 
cultivation of GM crops must be published in the newsletter of the Chamber of 
Agriculture and/or in a daily newspaper that is widely distributed in the region. 
In  other  regions,  proof  of  notification  of  neighbours  has  to  be  presented  to  the 
Chamber of Agriculture. No such information requirements exist in one region. 

Flanders:  Farmers  intending  to  cultivate  GM  crops  shall  inform  by  means  of  a 
statement  of  intention  all  farmers  working  on  plots  with  boundaries  that  are 
either  wholly  or  partly  within  the  notification  distance  (to  be  determined  per 
plant  species)  and,  additionally,  the  person  who  agreed  the  cultivation  contract 
for  the  plot  on  which  the  farmer  intends  to  cultivate  the  GM  crop.  The  exact 
information  to  be  provided  has  not  been  defined  yet.  Probably  the  notification 
period will be approximately three months before the sowing or planting date, to 
give neighbouring farmers the opportunity to appeal. 

Wallonia: A notification to neighbours is compulsory. The procedure is still to be 
defined. 

Measures not yet determined  

GM  crop  growers  are  obliged  to  inform  the  users  of  land  parcels  which  are 
located in a crop specific distance (for maize 70 m to conventional and 200 m to 
organic  farmers)  at  the  latest  by  1st  March  of  the  growing  year  for  maize  and 
potatoes. 

GM  crop  growers  shall  notify  the  neighbours  of  the  following  information  no 
later than three months prior to sowing or growing: 1. name and address; 2. the 
plot of land  to be  cultivated and the size of the area of cultivation; 3. the plant 
species and the name and the unique identifier. Any changes to this information 
shall  be  notified  without  delay.  Where  GM  crop  growers  are  unaware  of  the 
identity  of  a  neighbour  they  may  give  notification  to  the  owner  of  the  area  in 
question whilst asking the said owner to pass the information on to the farmer in 
question. If, within one month of the owner receiving notification, the grower has 
not received any response, the grower may assume that the owner is the farmer 
of the area in question. 

GM  crop  growers  have  to  inform  owners  and  users  of  fields  located  within  a 
certain distance of their GM field. The information includes species and location. 
The information shall be given not later than 1st February for spring crops and 1st 
July  for  winter  crops.  Farmers  are  also  obliged  to  inform  agricultural  supply 
service agencies  and transport companies they order to handle or transport GM 
crops that the crop is GM. 

GM  crop  growers  have  a  duty  to  inform  owners  and  users  of  fields  situated 
within  the  isolation  distances  (GM  maize:  300  m)  three  months  before  the 
intended cultivation of a GM crop. They have to provide information about the 
species of the crop. They also have to provide, in writing, information about the 
intention  to  grow  GM  crops  to  beekeepers,  whose  beehives  are  situated  up  to 
three kilometres away from the field, where GM crops are planned to be grown. 
In case of the sale, farming out, leasing or other form of transfer of land on which 
GM crops have been cultivated, the transferor shall notify the acquirer of this fact 

BE 

CY 

CZ 

DE 

DK 

EE 

EN 

9 

   EN 

 
in writing. 

(Current situation) There are no mandatory information requirements. 

(Draft  measures)  Farmers  must  inform  in  writing  their  adjacent  neighbours  as 
well  as  those  farmers  whose  crop  fields  fall  within  the  required  isolation 
distances, about their intention to grow GM crops one month before the sowing 
date at the latest.  

Information on forthcoming GM crop cultivation has to be notified in the register 
(about 5 to 6 months) in advance. General information on GM crop cultivation is 
published  by  the  registration  authorities  separate  for  each  commune.  More 
detailed  information  on  the  plans  for  forthcoming  GM  crop  cultivation  in  each 
locality can be obtained by interested third parties from the register authorities. 
GM  crop  growers  must  inform  other  actors  who  commonly  use  machinery, 
equipment,  transport  equipment  or  facilities  with  him  about  the  GM  crop 
cultivation. 

(Draft measures) Farmers must inform their neighbours about their intent to grow 
GM crops before the sowing. The conditions will be described in an Order.  

After the receipt of the preliminary consent, a GM crop grower has to obtain a 
written  approval  from  the  neighbours  (farmers/field  owners),  which  operate 
within  the  isolation  distance  (For  more  details  see  point  1.1.1).  After  the 
competent authority issued the final consent for the cultivation, it publishes data 
included in the application as well as all relevant information on the conditions 
of the cultivation in the national database without delay. 

(Draft  measures)  GM  crop  growers  have  to  inform  all  other  farmers  within  the 
isolation distance, providing information about the crop species, sowing date, etc. 
The deadlines are not specified as yet but must be available on application to the 
Department of Agriculture and Food. 

(Draft  measures)  The  guidelines  foresee  that  a  person  who  has  the  intention  to 
cultivate  GM  crops  has  to  inform  the  nearest  farms  in  conformity  with 
procedures established by the Region using an official regional form. A deadline 
is  not  foreseen.  In  the  case  of  rented  land,  the  person  has  to  inform  the  land 
owner in order to get a formal agreement for the cultivation of GM crops, which 
is to be attached to the application.  

Farmer  must,  prior  to  the  declaration  of  GM  crops,  in  writing,  using  the  form 
attached  to  the  coexistence  rules,  inform  the  owners  of  holdings  located  at  the 
minimum isolation distance and beekeepers keeping apiaries within a distance of 
5  km  of  the  cultivation  of  GM  crops  providing  the  copies  of  plans  for  crop 
rotation and cultivation of plants in GM crops. In this form the farmer indicates 
the municipality, sub-district of the fields where GM crops are to be cultivated, 
land block number, name of the plants in GM crops and unique identifier of the 
GMO. 

The  exact  location  of  the  fields  where  GM  crops  are  intended  for  growing  is 
immediately  communicated  to  the  public  through  a  national  register  on  GM 

ES 

FI 

FR 

HU 

IR 

IT 

LT 

LU 

EN 

10 

   EN 

 
crops. 

GM  crop  growers  shall:  1.  inform  in  writing  bee-keepers  regarding  the 
cultivation  of  such  GM  crops  which  are  nectar  plants;  2.  inform  the  owners  or 
users of the neighbouring fields in writing regarding the cultivation of GM crops 
and shall append information on the species of the GM crop, as well as a copy of 
a  land  border  plan  (with  the  cadastre  number  of  the  land  unit),  on  which  the 
boundaries  and  area  of  the  field  of  GM  crop  are  indicated.  Deadlines  have  not 
been set. Farmers must do this before registration in the GMO register. 

Farmers  have  to  inform  neighbouring  farmers  by  the  1st  of  February  of  their 
intention to grow GM crops. 

Measures not yet determined 

GM crop growers must inform in writing neighbouring farmers, and farmers that 
they  are  sharing  agricultural  machinery  with  (such  as  sowing  or  harvesting 
machinery),  of  their intention to cultivate  GM  crops,  within  20  days before the 
planned date for sowing at the latest. 

GM  crop  growers  have  to  inform  about  their  intention  to  grow  GM  crops,  in 
written  form,  both  the  legal  owners  of  the  land  and  the  landowners  in  the 
neighbourhood  within  the  isolation  distances  provided  in  the  specific  rules  and 
norms  related  to  the  seed  production,  as  well  as  the  town-hall  under  whose 
jurisdiction  the  land  plots  fall.  The  owners  of  the  lands  neighbouring  the  GM 
crops, within the isolation distances, can submit an appeal, in written form, both 
to  the  grower  and  to  the  county  Directorate  for  Agriculture  and  Rural 
Development (ARDD) competent in the area where the land is located, within 10 
days  after  receipt  of  this  information.  Informing  the  landowners  in  the 
neighbourhood about the intention to grow GM crops should be made before the 
authorisation process.  

(Draft  measures)  Farmers  have  to  inform  the  heads  of  agricultural  holdings  or 
owners  of  land  located  within  the  isolation  distance  of  their  intention  to  grow 
GM crops. By written agreement to the intended cultivation of GM crops, these 
heads  of  agricultural  holdings  and  other  owners  of  land  within  this  distance 
assume a responsibility to take a number of measures to prevent the adventitious 
presence of GM crops in other agricultural plants and products. If the producer of 
GM crop can assure all necessary measurement by himself, no other information 
procedure  is  necessary.  The  draft  of  the  Act  does  not  determine  the  content  of 
such written agreements.  

GM  crop  growers  shall  inform  neighbouring  field  users  within  the  isolation 
distance about the intention to cultivate GM crops and its maturity class. 

GM crop growers must provide written information to economic operators who 
use  agricultural  land  within  100  meters  from  the  intended  GM  field.  The 
information shall be given no later than 1st of November and contain information 
that cultivation of GM crop is planned, which crop species and the location of the 
cultivation. 

LV 

NL 

PL 

PT 

RO 

SI 

SK 

SV 

EN 

11 

   EN 

 
1.1.3. Information procedures applying for operators other than farmers dealing with 
GM  seeds  or  harvested  material  of  GM  crops  (obligations  resulting  from 
Community legislation are not listed) 

Flanders and Wallonia: No further requirements 

Measures not yet determined  

No further requirements 

No further requirements 

Owners  or  users  of  vehicles,  machinery  and  equipment,  transport  facilities  etc. 
that have been used to handle GM seeds or GM crops have to inform about that 
handling to the next customer or user, if this is a conventional or organic farmer. 
There is a corresponding information obligation for owners and users of storage 
facilities. There is also an information duty in relation to the sale, leasing, rental 
or  other  forms  of  transfer  of  areas  of  land  that  have  been  cultivated  with  GM 
crops. There is also an information obligation in connection with sale, rental or 
other  forms  of  transfer  of  machinery,  storerooms,  etc.  that  have  been  used  to 
handle or store GM seeds or GM crops. 

No further requirements 

GM  seed  producers  and  distributors  have  to  provide,  in  writing,  farmers  with 
information  needed  to  ensure  the  compliance  with  co-existence,  labelling  and 
traceability  measures.  GM  seed  marketers  have  to  notify  to  the  competent 
authority  how  many  seeds  they  sold  on  a  yearly  basis.  This  information  is  also 
provided to seed distributors and farmers.  

(Draft measures) No further requirements 

(Draft measures) No further requirements 

Seed distributors have to keep record on GM seed sales and have to notify to the 
competent authority how many seeds they sold on a yearly basis. They also have 
to  inform  buyers  that  GM  seeds  can  only  be  sowed  if  they  possess  a  valid 
cultivation consent. 

(Draft measures) Seed suppliers must furnish records 

(Draft  measures)  Operators  have  the  obligation  (a)  to  ask  the  Region  for 
inclusion  into  a  specific  register,  supplying  information  on  the  operations 
regarding the use of GM crops; (b) to keep records of the necessary information 
to identify the operator of the request, of the machines used, the production lines, 
equipments,  the  factories  and  stores  related  to  the  different  operations,  which 
have  to  be  reserved  only  for  the  transgenic  cultivations  and  their  products;  c) 
employees responsible for the use of GMOs have to obtain a Licence of Service 
Ability,  delivered  by  each  Region  in  which  the  activity  is  conducted,  except  in 

BE 

CY 

CZ 

DE 

DK 

EE 

ES 

FI 

FR 

HU 

IR 

IT 

EN 

12 

   EN 

 
 
cases  of  mutual  recognition,  following  the  participation  of  training  courses 
related to the separation of GM and non-GM production chains; d) to implement 
the  measures  of  precaution  in  their  own  competence  indicated  in  the  GMO 
specific technical forms approved by the Region; e) to proceed to the payment of 
the  annual  regional  tariff  of  registration;  f)  to  subscribe  before  the  service 
payment  an  insurance  policy  or  a  guaranty  to  cover  the  potential  damages 
caused. 

No further requirements 

The import of GM seeds must be declared to the competent authority 

A  person  wishing  to  store,  prepare  and  to  pack  GM  crops  shall  submit  to  the 
State  Plant  Protection  Service  a  notification  for  its  inclusion  in  the  Register  of 
Growers  prior  to  the  commencement  of  activity,  and,  during  the  subsequent 
years,  shall  inform  the  State  Plant  Protection  Service  in  writing  regarding  any 
changes. The following information shall be indicated in the notification: 1. the 
date  and  place  of  the  notification  submission;  2.  the  notifier’s  given  name, 
surname,  personal  identity  number,  firm  name,  registration  number  and  date  in 
the Enterprise register, address and telephone number. 3. the species and variety 
of  the  crop,  the  location  of  the  material  and  technical  basis,  its  owners  and  the 
co-operation partners in performance of the activities with GM crops. 

(Draft  measures)  A  compulsory  course  for  GM  crop  growers  and  operators  is 
under currently construction. 

(Draft  measures)  Detailed  information  procedures  to  be  applied  by  operators 
other than farmers will be provided by Seeds Legislation, which is already also 
under preparation.  

Seed  companies  must  provide  to  the  regional  services  of  agriculture  the  list  of 
farmers  having  purchased  from  them  seed  of  GM  varieties  in  each  agricultural 
season. 

No further requirements 

No further requirements 

No further requirements 

No further requirements 

1.1.4. Information on GM crop cultivation made available to the general public or to 

parties with a specific interest 

A public register is available in all regions (Länder). Certain differences exist as 
regards  the  detailed  information  made  available.  The  minimal  information 
provided includes the name of the commune, in which GM crops are cultivated, 
cultivation surface in hectares, species and variety of GM crops, unique identifier 

LT 

LU 

LV 

NL 

PL 

PT 

RO 

SI 

SK 

SV 

AT 

EN 

13 

   EN 

 
 
of the GMO, name and address of the owner of the parcels on which GM crops 
are cultivated and of the GM crop grower. Registry of the parcels, on which GM 
crops are cultivated. Not all of this information may be necessarily accessible in 
electronic form.  

In some regions, more comprehensive information is made available: in the case 
of natural persons, name, place of residence and delivery address, in the case of 
legal  persons  and  unincorporated  firms  under  mercantile  law,  legal  form, 
company registration number and head office; the land registry designation of the 
parcel  of  land  concerned  with  the  intended  use  as  well  as  that  of  the  adjacent 
parcels  of  land;  proof  of  land  ownership  or  other  right  of  use  relating  to  the 
parcel of land intended to be used; proof of the agreement of the landowner (co-
owner) for the intended use for the duration of the application, if the notifier is 
not  the  sole  owner;  description  of  the  size,  location  and  nature  of  the  parcel  of 
land that is to be used; details enabling identification of the GMOs that are to be 
applied  to  the  land;  a  description  of  the  conditions  of  application  (objectives, 
schedule  for  application,  methods  of  application,  number  of  GMOs,  procedure 
for disposal or destruction of the GMOs) and details of possible recipient plants; 
details  of  the  intended  precautionary  measures;  a  written  declaration  about 
sufficient knowledge to prevent an inappropriate use of GMOs and to apply the 
necessary precautionary measures. 

In some regions the details as regards the information made available are not yet 
determined. 

Flanders:  (Draft  measures)  The  Flemish  Government  still  has  to  decide  on  the 
accessibility  of  the  information  in  the  register;  it  will  be  minimally  the 
information  as  foreseen  in  Royal  decree  of  21  February  2005  (Belgian 
transposition of Directive 2001/18), the type of GMO and the municipality where 
the plot is located. 

BE 

Wallonia: (Draft measures) To be decided – but the decree gives the possibility 
to publish the location of individual fields.  

(Draft  measures)  The  following  information  is  made  available  to  the  general 
public:  all  applications,  all  authorizations,  all  supplementary  information,  all 
notifications,  the  specific  location  of  the  cultivation  and  all  convictions,  where 
these apply.  

The  Ministry  of  Agriculture  does  not  provide  the  exact  locations  of  Bt  maize 
fields to the general public. Persons interested in knowing these locations have to 
send  a  written  request  to  the  Ministry  of  Environment,  which  is  also  notified 
about the locations directly by farmers. 

All  plantings  of  GMOs,  including  field  trials  and  commercial  cultivation,  must 
be entered into a public register. 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. 

CY 

CZ 

DE 

EN 

14 

   EN 

 
The location of fields cultivated with GM crops is published on the internet site 
of  the  Danish  Plant  Directorate  http://gmomark.pdir.dk/  each  year  in  the 
beginning of May. It is also possible to see GM crop cultivation locations from 
earlier years. The internet site contains a dynamic map of Denmark with location 
and size of GM fields. 

(Draft measures) All available data, except personal data. 

(Draft  measures)  The  regional  competent  authority  will  keep  records  of  the 
information provided by farmers in an ad-hoc register. The competent authority 
has to notify this information to the Ministry of the Environment and Rural and 
Marine  Affairs  within  a  month  after  receiving  the  data  from  the  farmers.  This 
Ministry will keep the information in a central register. Although the location of 
the  plots  is  part  of  the  information  notified  by  farmers,  it  is  not  planned  to 
disseminate it to the general public.    

(Draft measures) Information on the register is public except for certain personal 
data or confidential business data.  

Up to now, the information on the location of GM crop fields was given to the 
public at the level of the canton. According to the new law, the exact references 
of the fields will be published on the internet. 

After receiving the application from a farmer who intends to crop GM plants, the 
content  of  the  application  (e.g.  name  of  the  notifier,  location,  size  of  the  plots, 
plant species/variety intended for sowing, plot number) will be published in the 
central database without delay. Furthermore, all data included in the application 
as well as relevant information on the cultivation conditions will be published in 
the national database immediately after the authorization of the GMO cultivation.

(Draft measures) General location and crop species  

(Draft measures) The guidelines foresee keeping a regional register, composed of 
different sections (areas of the GM crop cultivations, authorizations to cultivate 
GM crops, licences of ability, operators of the agri-food chain) with the purpose 
of keeping all information regarding operators within the food production chain 
that are connected to the GM crop cultivation. The register, while respecting the 
rules for the protection of personal data, is publically available and can also be 
consulted electronically. 

General  statistical  data  of  GM  crop  cultivation  (genus,  variety,  GMO  unique 
identifier, area) will be available on the internet as soon as GM crop cultivation 
will  be  declared.  Data  on  the  cultivation  of  GM  plant  propagating  material 
(municipality, species, variety, category, field plots) is available on the internet 
site of the State Seed and Grain Service under the Ministry of Agriculture. 

The exact location of the fields where GM crops are intended for cultivation is 
immediately  communicated  to  the  public  through  a  national  register  on  GM 
crops. 

DK 

EE 

ES 

FI 

FR 

HU 

IR 

IT 

LT 

LU 

EN 

15 

   EN 

 
The  State  Plant  Protection  Service  shall  ensure  all  activities  indicated  in  the 
national regulations that relate to the development and managing of the Register 
of Growers, storage and publication of information. 

Information provided by the GM crop grower is made public by a GMO register 
at  provided  by  the  Ministry  of  Housing,  Spatial  Ordening  and  Environment 
through  an  internet  site  and  at  the  Ministry  itself.  Exact  locations  are  made 
public, but not linked to the names of the farmers or ownership of the locations. 

Measures not yet determined 

The  regional  services  of  agriculture  and  the  DGADR  make  available  through 
their internet sites the following information per notification: farm name, if any; 
variety sown; estimated sowing date; coexistence measure applied. Additionally, 
the  DGADR  also  submits  all  information  concerning  the  notifications  for 
cultivation  of  GM  crops  to  the  Portuguese  Environment  Agency  of  the 
Environmental  Ministry,  which  is  the  responsible  entity  for  recording  the 
cultivation  of  GM  varieties  in  accordance  with  Directive  2001/18.  Also,  this 
entity  makes  available  to  the  public  some  of  the  above-mentioned  information. 
All information is protected according to legislation on personal data protection. 

The  information  made  available  to  the  general  public  is  the  total  area  planted 
with GM crops, and, if requested, also the area per counties. Individual locations 
are not made available for the general public.  

(Draft  measures)  All  data  (i.e.  the  location  and  area,  where  GM  crops  are 
cultivated, isolation distances, the area for cultivation of GM crops on the basis 
of  mutual  agreements  among  neighbours,  GMO-free  areas  on  the  basis  of 
agreements (will be available in maps), the species of GM crop, and measures for 
the  coexistence)  shall  be  accessible  to  the  public  and  will  be  published  on  the 
Ministry internet site, except data protected by the Personal Data Protection Act, 
or confidential business information, or tax secrets. 

UKSUP forwards the information about GM crop cultivation to the Ministry of 
Agriculture. The following information will be published: the number of farmers, 
species and acreage of GM crops in a region, the number of locations with GM 
crops, the yield and the holdings. 

The SBA will provide information on the internet, such as the type of GM crop 
grown, and in which municipality and parish. Closer information on the location 
could be released upon request. 

LV 

NL 

PL 

PT 

RO 

SI 

SK 

SV 

1.1.5. Mandatory authorisation or notification procedures1 for the cultivation of GM 
crops  and,  if  applicable,  conditions  to  be  met  by  farmers  to  receive 
authorisation for the cultivation of GM crops 

1  

Authorisation  procedure  for  each  field  means  that  cultivation  of  GM  crops  is  not  allowed  prior  to 
receiving  authorisation  by  a  local  authority  following  an  application  by  the  farmer.  In  the  case  of  a 

EN 

16 

   EN 

 
 
                                                 
Depending  on  the  region  (Land),  either  an  authorisation  procedure  or  a 
notification  procedure  applies:  farmers  intending  to  grow  GM  crops  have  to 
inform/apply  at  the  competent  authority,  providing  the  information  listed  under 
1.1.1., including a proposal on segregation measures (guidance may be provided 
by  the  authorities,  but  is  not  yet  available).  An  authorisation  will  be  granted 
provided  that  the  foreseen  segregation  measures  will  prevent  contamination  of 
non-GM fields. Further coexistence measures may be required. Insurance cover 
or,  alternatively,  comparable  financial  guarantees  may  be  requested  in  some 
Länder. In the case of a notification procedure approval must not be awaited by 
the GM crop grower, but the competent authority may prohibit the cultivation or 
require  specific  condition  to  the  cultivation  of  GM  crops  within  a  specified 
period of time. 

Flanders:  There  is  a  mandatory  notification  procedure.  If  it  is  not  followed, 
administrative  fines  are  foreseen.  The  cultivation  of  the  GM  crop  is,  however, 
never prohibited. Farmers not complying with the legislation are, in addition to 
administrative fines, held individually responsible for all  resulting damage, and 
the compensation fund will not intervene. 

Wallonia:  Registration  of  the  GM  crop  to  the  control  authorities  is  mandatory. 
No possibility for the authorities to prohibit cultivation if the required documents 
are provided by the GM crop grower. An applying farmer has the possibility the 
complete  his  dossier  in  a  given  period,  to  be  determined  by  crop  according  to 
cultivation practices. 

(Draft legislation) Until now, the rules for experimental releases of GMOs also 
apply for commercial production of GM crops. Thus, the following information 
need  to  be  submitted  to  the  Scientific  Committee:  a  technical  dossier  which 
includes a risk assessment study concerning the environment and human health, a 
description  of  the  methods  to  be  implemented  for  the  GM  crop  cultivation, 
references  to  bibliography,  a  monitoring  programme,  information  concerning 
prior  applications  or  authorisations.  The  dossier  is  evaluated  by  a  Scientific 
Committee  that  submits  a  reasoned  opinion  to  the  Minister  of  Agriculture, 
Natural Resources and Environment for a decision within 90 days.   

No mandatory authorisation or notification procedure beyond what is listed under 
point 1.1.1. 

No mandatory authorisation or notification procedure beyond what is listed under 
point 1.1.1. 

Farmers have to report the cultivation of GM crops to the authorities. In addition, 
the farmers must pay 100 Danish kroner (~ € 13) per hectare with GM crops as a 
contribution to the compensation fund. There is no further authorisation involved 
in  this  procedure  and  the  public.  Authorities  cannot  prohibit  the  GM  crop 
cultivation. But farmers who want to grow GM crops have to be educated before 

AT 

BE 

CY 

CZ 

DE 

DK 

notification procedure cultivation of GM crops is allowed provided that public authorities are informed. 
Please indicate whether public authorities have the possibility to prohibit the cultivation within a certain 
time period after notification. 

EN 

17 

   EN 

 
                                                                                                                                                         
they can be approved to grow them (see point 1.1.6). 

EE 

(Draft measures) Notification procedure, and obligatory training 

ES 

No mandatory authorisation is needed and no mandatory notification procedure 
beyond what is listed under point 1.1.1. 

(Draft  measures)  The  GM  crop  growers  shall  give  a  prior  notification  of  their 
plans for GM crop cultivation. Formally, there is no authorization required, but 
there  is  an  obligatory  training  requirement.  Authorities  cannot  delay  or 
temporarily prohibit the GM crop cultivation, provided the legal requirements are 
fulfilled by the notifying grower. 

No mandatory authorisation or notification procedure beyond what is listed under 
point 1.1.1. 

An authorisation procedure applies. Farmers have to ask for permission from the 
competent authority to grow GM crops at least 90 days before the foreseen date 
of  sowing.  They  also  have  to  provide  the  certificate,  which  proves  that  they 
participated in the coexistence course. After the examination of the application, 
the competent authority may issue a preliminary cultivation consent in which it 
determines  the  isolation  distance  and  other  cultivation  conditions,  if  necessary. 
After  the  receipt  of  the  preliminary  consent,  the  farmer  has  to  obtain  written 
declarations  of  all  neighbours  within  the  isolation  distance  on  approval  of  the 
GMO  cultivation.  All  written  approvals  have  to  be  sent  to  the  competent 
authority  no  later  than  20  days  before  the  foreseen  date  of  sowing.  The 
competent authority makes its final decision on the cultivation within 15 days. In 
the absence of declarations, no cultivation consent may be granted. 

(Draft  measures)  An  authorisation  procedure  applies.  GM  crop  growers  must 
receive approval by the DAFF. Framers have to provide a written agreement in 
cases  of  shared  isolation  distances,  verification  of  rotation  and  evidence  of 
formal training 

(Draft measures) An authorisation procedure applies (see point 1.1.1.).  

An  authorisation  procedure  applies. Conditions  to  meet  to  obtain  an  approval: 
attendance to a special  training  course, registration  of  the agricultural and rural 
holding  in  the  Agricultural  and  Rural  Business  Register  of  the  Republic  of 
Lithuania,  information  of  ministries  (see  above),  coordination  of  the  plans  for 
crop  rotation  and  cultivation  of  GM  crops  with  control  bodies  (State  Seed  and 
Grain Service under the Ministry of Agriculture, State Plant Protection Service). 

No mandatory authorisation or notification procedure beyond what is listed under 
point 1.1.1. 

An  authorisation  procedure  applies,  dependent  on  the  following  conditions:  1. 
acquisition of at least vocational initial education in agriculture; 2. acquisition of 
the  training  programme  for  GM  crops;  3.  completion  of  a  course  regarding  the 
requirements  specified  in  the  regulatory  enactments  of  Latvia  and  the  EU  with 
regard to GMOs and coexistence, if a training programme has been acquired in 

FI 

FR 

HU 

IR 

IT 

LT 

LU 

LV 

EN 

18 

   EN 

 
another  Member  State;  4.  registration  in  the  Register  of  GM  crop  growers;  5. 
non-conviction for breaching regulatory enactments regarding the cultivation of 
GM  crops  in  the  two  previous  years  prior  to  commencement  of  GM  crop 
cultivation. 

No mandatory authorisation or notification procedure beyond what is listed under 
point 1.1.1. 

Measures not yet determined 

No mandatory authorisation or notification procedure beyond what is listed under 
point 1.1.1. 

An  authorisation  procedure  applies.  GM  crops  can  only  be  grown  by  farmers 
authorised  by  the  Ministry  of  Agriculture  and  Rural  Development  through  the 
county  ARDD.  The  documents  which  should  be  submitted  are  described  under 
point 1.1.1.  

(Draft  measures)  An  authorisation  procedure  applies.  If  the  producer  of  GM 
crops (according to the data submitted with the application) meets all necessary 
measures for coexistence, he is inscribed into the register of GM crops producer 
by Ministry of Agriculture, Food and Forestry. 

A notification procedure applies. Farmers who intend to grow GM crops have to 
inform  the  UKSUP  on  prescribed  form  providing  the  information  listed  under 
point  1.1.1.  The  farmer  will  be  listed  in  a  database.  In  the  year  of  GM  crop 
production  the  farmer  has  to  inform,  by  a  certain  date,  UKSUP  and  the 
neighbouring field users about his intention to cultivate GM crops. A statement 
about  the  information  of  neighbours  and  a  technical  plan  for  the  cultivation  of 
GM crops shall be added to the notification. 

No mandatory authorisation or notification procedure beyond what is listed under 
point 1.1.1. 

1.1.6. Requirements  on  mandatory  training  to  demonstrate  a  minimum  level  of 

knowledge or education for operators dealing with GMOs 

In  some  regions  (Länder),  no  such  requirements  exist.  In  one  region,  GM  crop 
growers  have  to  provide  a  written  declaration  about  sufficient  knowledge  to 
prevent an inappropriate use of GMOs and to apply the necessary precautionary 
measures. In other regions, public authorities may request a proof of professional 
expertise in using GM crops in order to grant an authorisation for the cultivation 
of GM crops. 

Flanders: GM crop growers need to prove education by adding an acknowledged 
certificate  with  its  mandatory  notification  to  the  authority.  Contractors  shall 
prove  education  by  means  of  an  acknowledged  certificate  to  the  delegating 
(commissioning) farmer. The Flemish Government will determine the minimum 
period and content of the training and the validity of the training certificate. 

NL 

PL 

PT 

RO 

SI 

SK 

SV 

AT 

BE 

EN 

19 

   EN 

 
 
Wallonia: No specific requirements 

No such requirements 

No such requirements 

No  such  requirements.  However,  farmers  or  other  people  who  deal  with  GM 
plants are generally required to have suitable knowledge. 

Farmers  who  want  to  cultivate  GM  crops  must  be  educated  specifically  in 
coexistence rules and methods how to prevent the spreading of GM seeds, pollen 
and  crops.  The  education  shall  be  given  by  an  education  provider  that  is 
approved  by  the  Danish  Plant  Directorate.  When  the  training  is  completed  the 
farmer will receive an official approval. The training is a one day course. Also, 
employees  on  a  farm  and  owners  or  employees  on  agricultural  supply  service 
agencies  and  transport  companies  that  handle  GM  seeds  or  GM  crops  must  be 
educated.  After  completion  of  the  training  the  handler  will  receive  a  certificate 
from the Danish Plant Directorate. The course will typically last half a day and 
contain information about coexistence rules and cleaning of equipment in order 
to prevent spreading of GM seeds, pollen and crops.  

(Draft measures) The person in charge of handling GM crops and the employer 
of  an  enterprise  dealing with  the  handling  of  GM  crops  have  to  pass  a  training 
about handling GM crops and they have to have a certificate to prove passing the 
training. 

(Draft  measures)  The  public  authorities  will  promote  non-mandatory  training 
courses  and  advice  farmers  on  GM  crops,  co-existence  measures,  labelling  and 
traceability.  

(Draft measures) The GM crop grower or the person responsible for the GM crop 
cultivation  has  to  pass  an  examination  organized  by  the  Finnish  Food  Safety 
Authority Evira. In the examination, safe and appropriate command of GM crop 
cultivation and knowledge of the statutory requirements are to be demonstrated.  

No such requirements 

There  is  a  mandatory  training  for  farmers  who  intend  to  cultivate  GMOs.  The 
training  is  an  accredited  course.  The  certificate  which  proves  that  the  farmer 
participated  in  the  coexistence  course  should  also  be  sent  to  the  competent 
authority when applying for cultivation of GM crops. There is further mandatory 
education every 5 years in order to provide farmers with updated information on 
coexistence. 

(Draft  measures)  GM  crop  growers  must  obtain  formal  training.  Training  for 
other  parties  is  voluntary.  The  training  programme  is  to  be  formulated  by 
extension services. 

(Draft measures) GM crop growers and operators of the food chain using GMOs 
have to obtain a licence delivered by the Region, which can be received after the 

CY 

CZ 

DE 

DK 

EE 

ES 

FI 

FR 

HU 

IR 

IT 

EN 

20 

   EN 

 
participation to a course on coexistence measures. 

GM  crop  growers  must  attend  the  special  training  course  and  keep  the  issued 
certificate of the established form. 

 No such requirements 

GM  crop  growers  must  1.  have  acquired  at  least  vocational  initial  education  in 
agriculture;  2.  have  acquired  the  training  programme  for  GM  crops;  3.  have 
completed  a  course  regarding  the  requirements  specified  in  the  regulatory 
enactments  of  Latvia  and  the  EU  with  regard  to  GMOs  and  coexistence,  if  a 
training programme has been acquired in another Member State.  

(Draft  measures)  A  compulsory  course  for  GM  crop  growers  and  operators  is 
currently under construction. 

(Draft legislation) Obligatory training for farmers is not foreseen. 

Farmers must attend a training course before starting to cultivate GM crops for 
the  first  time,  which  covers  general  information  about  GMOs,  the  national 
regulation  on  coexistence,  and  the  EU  legislation  regarding  traceability  and 
labeling.  DGADR  conducts  training  and  certification  to  prepare  trainers 
belonging  to  farmers'  organizations  or  seed  companies.  Between  2005,  when 
these training classes were started, and December 2007, a total of 154 technicians 
have been trained and certified to act as trainers for the farmers. These training 
sessions  can  be  organised  by  the  seed  companies,  or  by  the  farmers 
organisations.  

The  legislation  does  not  provide  for  mandatory  training  of  GM  crop  growers. 
However, as a need to train farmers in order to observe the GMO legislation, has 
been  seen  in  practice,  the  Ministry  of  Agriculture  and  Rural  Development 
expects the ARRD county office to provide the farmers with training concerning 
these aspects when authorising them to plant GM crops. There is also a mutual 
agreement between the Ministry of Agriculture and Rural Development and the 
seed companies in order to provide stewardship together with the products they 
deliver. These concern the main provisions of the GMO legislation and technical 
segregation measures.  

(Draft  measures)  The  Act  demands  special  professional  training  for  GM  crop 
grower  that  will  be  performed  by  providers  appointed  pursuant  to  the  Act. 
Professional training  for  a  GM crop grower shall be implemented  by a training 
provider  according  to  a  programme  that  encompasses  a  course  and  a  written 
examination  in  the  field  of  GMO  management  and  coexistence.  The  training 
must be renewed every five years. 

Farmers responsible for growing GM crops have to attend a training course in the 
handling of GM crops before registration and receive a training certificate. 

No such requirements 

LT 

LU 

LV 

NL 

PL 

PT 

RO 

SI 

SK 

SV 

EN 

21 

   EN 

 
 
1.1.7. Provisions  on  record  keeping  for  GM  crop  growers  (this  section  does  not 
consider  obligations  under  Community  legislation,  notably  Regulation  (EC) 
No 1830/2003) 

AT 

No specific provisions on record keeping 

Flanders: Farmers shall keep data as to be laid down by the Flemish Government 
for  the  cultivated  varieties,  the  cultivation  process  and  the  transport  to  the  first 
storage. The farmer shall make this data available at the request of the competent 
authority for a period still to be laid down by the Flemish Government. 

Wallonia:  Not  yet  defined.  But  the  decree  gives  the  possibility  to  establish  an 
obligation  to  keep  record  of  any  information  that  can  be  useful  for  coexistence 
management.  

(Draft measures) No specific provisions on record keeping 

GM  crop  growers  have  to  keep  information  about  the  crop  (species,  variety, 
unique  identification  code  of  GMO),  the  field  (identification  number,  area, 
plotting of GM crop in the map at a scale of 1:10 000 or at a scale more detailed 
in case that the area of GM crop is not identical with the land block, information 
about the fact, if the buffer zone was carried out, including its extent), the timing 
(sowing  date,  harvesting  date),  the  quantity  (purchased  seed,  sown  seed, 
harvested  product),  the  supplier  (identification  of  the  seed  seller),  and  the 
handling  with  the  final  product  (place  of  the  storage,  date  and  quantity  of  the 
purchase of harvested product (incl. identification of the purchaser), data on the 
way of use of the product which has not been sold). 

GM  crop  growers  shall  keep  records  regarding  the  variety  of  the  GM  seed  or 
planting  material,  the  types  of  operation,  the  application  of  certain  substances, 
the plant husbandry measures and the species-specific requirements of the Annex 
to the Act. Records have to be kept for at least five years and shall be submitted 
to the competent authority under the law of the Land in question on demand.  

GM  crop  growers  shall  keep  records  in  order  to  prove  that  the  obligation  of 
informing  the  neighbours  about  the  GM  cropping  is  fulfilled.  If  the  GM  crop 
grower has made an agreement with his neighbour to cultivate GM crops closer 
to  the  neighbouring  field  than  laid  down  in  the  coexistence  rules,  he  needs  to 
record the agreement. Regarding the sale of areas, on which GM crops have been 
cultivated  and  equipment,  which  has  been  used  to  handle  GM  crops  the  seller 
should be able to prove that he has informed the buyer about the GMO activities. 

(Draft measures) The Plant Production Inspectorate keeps a record of GM crop 
growers. The data of given certificates and documents forming the basis of those 
certificates are kept by the supervisory authority for ten years. The handler keeps 
a  precise  record  about  fulfilling  handling  requirements.  Documents  regarding 
handling and the provision of information will be kept for ten years. 

(Current situation) GM crop growers have to keep the labels of the seed bags and 
packages for a period of 5 years and inform, in written, the operator buying the 
harvest  about  the  species,  the  variety,  the  genetic  modification  and  the  unique 

BE 

CY 

CZ 

DE 

DK 

EE 

ES 

EN 

22 

   EN 

 
identifier of the GM seed. 

(Draft  measures)  GM  crop  growers  have  to  keep  records  of  the  information 
necessary  for  verifying  that  the  measures  for  general  diligence  and  appropriate 
technical  requirements  asked  for  in  the  draft  coexistence  law  have  been  duly 
obeyed.  Such  records  shall  contain  adequate  information  on  the  cultivation  and 
storage of GM plant materials, acquisitions and deliveries. The records shall be 
retained for five years. 

There are no specific provisions on record keeping for GM crop growers in the 
law. This may be considered in the Order. 

GM crop growers should keep record on cultivation measures such as the date of 
the  sowing/harvesting,  crop  rotation,  and  on  yields.  Information  should  be  kept 
on transporting as well as on storage. All measures in order to prevent admixture 
including  crop  rotation,  cleaning  of  the  machinery/stock  should  be  registered. 
The records should be kept for 5 years. 

(Draft  measures)  All  records  are  to  be  retained  and  available  for  inspection  for 
five years. 

(Draft measures) No specific provisions on record keeping 

GM  crop  growers  must  keep  a  strict  register  on  GM  crop  maintenance, 
transportation and storage, which must be kept for 6 years. 

No specific provisions on record keeping 

GM crop growers shall (1) maintain a field history regarding all fields (including 
the leased) used in agricultural production; (2) maintain documentation regarding 
the origin, variety, category, quality and quantity of the used seeds; and (3) keep 
all  documentation  and  notes  regarding  the  cultivation  of  GM  crops  and  the 
circulation of the obtained products for six years. 

No specific provisions on record keeping 

 Measures not yet determined 

GM  crop  growers  must  keep,  besides  the  copy  of  the  notification  form  sent  to 
official services, an official seed label of each seed lot of the GM variety sown in 
is farm and also a copy of the document used to ensure the correct labelling and 
traceability of the product.  

GM  crop  growers  have  to  keep  the  Authorisation  Certificate  and  a  copy  of  the 
statement submitted to the ARDD concerning the cultivated surface, seed origin, 
and  used  varieties  for  five  years.  After  harvesting,  they  are  obliged  to  fill  in  a 
two-copy statement concerning the obtained production and its destination. One 
copy shall be submitted to the ARDD until 1th December, and the other shall be 
kept in the same file mentioned above. GM crop growers are obliged to establish, 
at their place of residence or headquarters, a register concerning the seeds' origin 
and  production  destination  resulting  from  GM  plants;  in  this  register  all 

FI 

FR 

HU 

IR 

IT 

LT 

LU 

LV 

NL 

PL 

PT 

RO 

EN 

23 

   EN 

 
information shall be kept for 5 years. 

GM  crop  growers  must  keep  records  of  GM  crop  cultivation  in  a  specific 
cultivation  period,  which  must  contain  the  cultivation  plan,  with  the  buffer, 
retention  and  refuge  zones  marked,  and  data  on:  (a)  the  propagating  material 
used for the cultivation of GM crops (species, variety, unique identifier, quantity 
of  purchased  and  used  propagating  material),  and  its  origin  (distributor  that 
supplied  the  propagating  material);  (b)  the  quantity  of  unused  propagating 
material (quantity, eventual storage, the return of unused seed to the distributor, 
methods used to destroy it); (c) the actual surface area on which GM crops were 
cultivated,  and  the  surface  area  of  any  refuge  zone;  (d)  the  date  of  sowing, 
planting  or  transplanting  of  GM  crops;  (e)  the  work  done  with  the  machinery, 
device, equipment, transport or other means, which are not in his property or use 
(type    and  date  of  work,  property  of  machinery  and  equipment)  (f)  special 
features of GM crop cultivation during growth; (g) the date of harvesting of the 
product and the product quantity; (h) the method used to store, use or dispose of 
the GM crop product. A GM crop producer must keep the data from the records, 
proofs of purchase of seed material, and the official labels used to label GM crop 
propagating material for at least five years from the year the records were created 
or  proof  obtained,  and  in  the  case  of  GM  crops  that  are  perennial  agricultural 
plants, for at least five years from the year that they ceased to cultivate these GM 
crops. 

GM  crop  growers  are  obliged  to  keep  records  in  a  prescribed  form  on  the 
following  information:  amount  of  propagating  material  purchased,  amount  of 
propagating  material  used  for  cultivation,  yield,  handling  procedure  with  the 
harvested  material,  amount  of  un-used  propagating  material.  This  information, 
together with the technical plan for the cultivation of GM crops, has to be kept 
for 5 years. 

No specific provisions on record keeping 

SI 

SK 

SV 

1.2. Technical segregation measures 

1.2.1. Maximum tolerance level of GMO admixture in non-GM production that was 
taken  into  account  to  derive  the  required  segregation  measures  between  GM 
and non-GM production 

So far, technical guidelines have not yet been developed. 

Flanders: 0.9 %  

Wallonia: Not yet defined.  

In  order  to  ensure  that  the  labelling  threshold  at  the  level  of  0.9  %  is  not 
exceeded  throughout  the  entire  food  and  feed  processing  chain,  segregation 
measures at farm level were defined to limit GMO admixture to a maximum of 

AT 

BE 

CZ 

EN 

24 

   EN 

 
 
 
 
about 0.5 %, taking account of the possibility of further post-harvest admixture. 

DE 

0.9 % 

DK 

EE 

ES 

FI 

FR 

HU 

IR 

IT 

LT 

LU 

LV 

NL 

PL 

PT 

RO 

SI 

SK 

SV 

0.9  %  for  crop  production.  For  seed  production  the  tolerance  levels  originally 
proposed by the Standing Committee of Seed were used. 

0.9 % for crop production. For seed production 0 %.  

0.9 % 

Not yet defined 

0.9 % 

Coexistence measures and rules should be able to prevent any contamination or 
commingling of GM plants with plants grown by conventional and/or ecological 
farming methods.  

(Draft measures) Oilseed rape = 0.3 %; Maize = 0.5 %; Potatoes = 0.5 % 

(Draft measures) For maize two levels of tolerance apply: < 0.01% to guarantee 
the absence of GMO contamination and 0.9 % to guarantee compliance with the 
law on conventional production. For soya only one level applies: < 0.01%. The 
Regions  may  choose  the  areas  where  to  apply  the  different  levels  of  tolerance 
and the corresponding segregation measures. 

0.9 % 

Not specified 

0.9 % 

0.9 % 

Not yet defined 

The aim of the technical measures is to reduce the adventitious presence of GMO 
to  the  lowest  possible  level.  But  for  obtaining  compensation  for  economic 
damage due to  the adventitious presence of GMOs the threshold is  fixed at 0.9 
%. 

0.9 % 

The specific measures for individual plant species will be provided in secondary 
legislation.  The  specialized  drafts  of  individual  regulations  will  be  prepared 
considering the maximum tolerance level of GMO admixture is 0.9 %. 

0.9 % 

0.9 %. It was assumed that the seed for sowing could consist of 0.5 % GMOs. 

EN 

25 

   EN 

 
1.2.2. Spatial segregation measures applying to segregate fields with GM crops from 

other fields or from other areas.  

AT 

Not yet defined 

BE 

Flanders and Wallonia: Not yet defined 

Isolation  distances  and/or  buffer  zones  are  requested.  Other  parameters  (as 
different flowering times) can be voluntary used by farmers. Isolation distances 
for  maize  are  70  m  towards  non-GM  conventional  and  200  m  towards  organic 
maize fields. Buffer strips of one row of conventional maize (around Bt maize) 
replace 2 m of isolation distance. The maize in the buffer strip must be handled 
as  a  GM  crop.  For  potatoes,  isolation  distances  are  between  three  m  and  10  m 
(depending on the orientation of the cultivation lines) towards conventional and 
20 m towards organic potato fields.  

For  GM  maize  a  minimum  isolation  distance  of  150  m  towards  non-GM 
conventional  maize  fields  and  of  300  m  towards  organic  maize  fields.  The 
grower shall take appropriate measures to prevent the significant impairment of 
areas on which maize is cultivated that is not GM and is intended to be used for 
seed. No environmental or other parameters are taken into account. 

Segregation  is  based  on  isolation  distances.  No  environmental  or  other 
parameters are taken into account. Segregation measures to segregate fields with 
GM  crops  from  fields  with  conventional  and  organic  crops  are  identical. 
However,  measures  for  GM  crop  production  and  for  GM  seed  production  are 
different. Isolation distances to crop fields are for maize: 150 m; for potato: 10 
m; and for beet 20 m. 

(Draft  measures)  Segregation  will  be  based  on  isolation  distances  and  buffer 
zones.  

Not yet defined 

(Draft measures) Spatial segregation is principally based on isolation distance. If 
further  technical  measures  prove  useful  for  certain  species,  more  detailed 
requirements  can  be  given  species-specifically.  Possible  adaptations  to  local 
conditions can be introduced by ministerial decree for any given species. 

(Draft  measures)  The  cultivation  of  GMOs  is  subject  to  technical  conditions, 
including  isolation  distances.  The  technical  conditions  will  be  established  in  a 
Ministerial Order. 

The competent authority defines the isolation distance as well as other cultivation 
conditions if necessary, including separate field margin harvesting or sowing of 
conventional  border  rows.  The  minimum  isolation  distance  for  maize  is  400 
meters.  There  are  no  separate  isolation  distances  for  conventional  or  organic 

CZ 

DE 

DK 

EE 

ES 

FI 

FR 

HU 

EN 

26 

   EN 

 
 
farming  or  for  non-GM  seed  production.  The  minimum  isolation  distance  is 
legally defined. However, the competent authority may – based on local natural, 
geographical and other particularities influencing the cultivation activity – at its 
sole discretion, establish an isolation distance exceeding the minimum.  

(Draft  measures)  Segregation  is  based  on  isolation  distances  only.  Proposed 
isolation  distances:  Oilseed  rape:  not  yet  specified.  Maize:  50  m  towards 
conventional  and  75  m  towards  organic  maize  fields.  Potatoes:  20-40  m 
depending on the category. No environmental or other parameters are taken into 
account. Isolation distances to organic fields are increased by 50 % compared to 
conventional production and those to seed production fields are doubled.  

(Draft  measures)  Spatial  segregation  measures  consist  in:  compulsory  border 
rows with non-GM crop, isolation distances, and possible additional border rows 
with  a  consequent  reduction  of  the  isolation  distance.  For  insect  resistant  GM 
crops 20 % of the cultivated area has to be planted with non-GM as refuge-areas. 
Regions  may  consider  areas  with  particular  climatic  conditions  (windy  or 
extreme and cyclical weather conditions), where the distances can be tripled, or 
only  doubled  if  there  are  suitable  wind-breaks  or  other  measures  to  reduce  the 
wind speed and the dispersion of GM material. 

A  buffer  zone  of  three  meters  must  be  established  around  GM  crops  where 
conventional  plants  of  the  same  species  as  the  GM  crops  are  cultivated  and 
maintained in the same way as the GM crops. Isolation distances are set for sugar 
beet (50 m), fodder beet (50 m), wheat (50 m), maize (200 m), potatoes (20 m), 
rapeseed  (4000  m),  and  cross-fertilizing  grain  (500  m).  For  fodder  beet  the 
isolation distance towards non-GM seed fields is 1000 m.  

Segregation  is  based  on  isolation  distances  only.  The  following  isolation 
distances apply: maize: 600 m; potato: 50 m; beet: 100 m towards non-GM crop 
fields and 2000 m towards non-GM seed production fields. 

Segregation  measures  consist  of  isolation  distances  and  buffer  zones.  Isolation 
distances  are  the  following:  maize:  200  m;  beet:  200  m  to  non-GM  crop  fields 
and  1000  m  to  non-GM  seed  production  fields;  potatoes:  50  m;  oilseed  rape: 
4000 m. In addition, the following buffer zones apply: maize: 1.8 m; beet: 2 m; 
potatoes: 1.3 m; oilseed rape: 3 m. Furthermore, it must be ensured that the seeds 
of GM crops do not mix with the seeds for organic and conventional farming in 
the  process  of  preparation  and  packing  of  seeds.  No  environmental  or  other 
parameters are taken into account. 

The  following  isolation  distances  apply  towards  non-GM  conventional  fields: 
potato:  3  m;  sugar  beet:  1.5  m;  maize:  25  m.  The  following  isolation  distances 
apply towards GMO-free fields (i.e. organic fields and production under contract 
for GMO absence): potato: 10 m; sugar beet: 3 m; maize: 250 m. 

 Measures not yet determined 

Segregation  measures  include  minimum  isolation  distances  (maize:  200  m 
towards conventional maize fields or 300 metres towards organic maize fields or 
where products must comply with certain specific and contractually established 

IR 

IT 

LT 

LU 

LV 

NL 

PL 

PT 

EN 

27 

   EN 

 
conditions with regard to the thresholds of unintended presence of GMOs). These 
distances  may  be  replaced  completely  by  border  rows  of  at  least  24  rows 
(towards conventional fields) or, to a minimum of 50 metres by border rows of at 
least  28  rows  (towards  organic  fields).  For  insect  tolerant  GM  variety  refuge 
areas must be established that are sown with conventional varieties and cover at 
least  20  %  of  the  total  area  sown  with  the  GM  variety.  This  band  may  be  also 
used as a buffer zone. The product obtained from the borders must be included in 
the product from the GM variety and be labelled as such. The variety to be used 
in the border must have the same plant cycle as the GM variety. 

Use  of  different  plant  cycles  and/or  staggered  sowing:  Staggered  sowing  or 
varieties of different FAO classes may be used: If the varieties of maize of the 
same  FAO  class  are  sown  at  a  minimum  interval  of  20  days;  and/or  if  the 
varieties of maize are sown simultaneously, the difference between the respective 
plant cycles must be at least two FAO classes. 

Measures  to  minimise  the  unintended  presence  of  mechanical  mixtures:  Seed 
packaging: When preparing for sowing and when sowing, the seed packaging of 
different varieties must be clearly separated and located in different areas of the 
store,  particularly  for  GM  varieties;  at  the  end  of  the  season,  unused  seed 
packaging  which  has  been  opened  must  be  sealed  and  identified.  Use  of  seed 
drill,  combine  harvester,  dryer  and  other  equipment:  All  equipment  must 
preferably be used by farmers dedicated to the same production system; in order 
to  avoid  the  dispersal  and  mixture  of  grain  from  the  previous  operation,  where 
different production systems are used, seed drills, combine harvesters, dryers and 
other  equipment  used  must  be  carefully  cleaned  after  being  used  in  fields 
cultivated  with  GM  varieties.  Combine  harvesters,  when  shared  with  other 
farmers dedicated to other production systems or when used by the same farmer 
to harvest conventional varieties, must, after harvesting a field cultivated with a 
GM variety, harvest at least an area of 2 000 m2 of a conventional variety whose 
production will be labelled as GM.  

Storage,  transport  and  identification  of  products  produced:  The  farmer  must 
guarantee  the  physical  separation  of  maize  lots  produced  using  different 
production  systems,  from  their  harvesting  to  their  storage  or  delivery  to  the 
marketing  or  processing  installations;  Maize  lots  of  GM  varieties  must  refer  to 
the variety and unique identifier.  

Farmers  may  be  exempted  from  having  to  apply  the  measures  to  minimise  the 
unintended  presence  of  pollen  or  mechanical  mixtures  if  they  voluntarily  join 
together  to  create  production  areas  exclusively  dedicated  to  the  cultivation  of 
GM  varieties  deriving  from  the  same  GMO;  or  when  agricultural  products 
produced on a particular farm or in a particular region, both from GM varieties, 
whether  or  not  deriving  from  the  same  GMO,  and  from  conventional  varieties, 
are  intended  to  be  mixed  in  lots  to  be  labelled  as  GM.  In  areas  bordering  a 
production area, farmers cultivating GM varieties must comply with the technical 
measures established in the legislation. 

RO 

Minimum  isolation  distances  have  to  be  respected  (for  maize:  200  m).  Further 
measures include the creation of a buffer area and staggered sowing time.  

EN 

28 

   EN 

 
During  crop  harvest,  transport,  storage  and  conditioning  of  GM  production, 
operators shall take all necessary measures to prevent the physical mixture of the 
GM products with non-GM production: separate storage, cleaning of sowing and 
conditioning  machines,  means  of  transport,  according  to  standards  for  seed 
production. 

The isolation distances and buffer zones are foreseen by the legislation in place. 
Details will be defined in secondary legislation. Farmers may also choose to use 
other  measures  in  cultivating  GM  crops.  There  are  no  different  segregation 
measures  planned  to  segregate  fields  with  GM  crops  from  fields  with  non-GM 
crops and non-GM seeds. The possibility to have different isolation distances and 
buffer zones towards organic and conventional farming is still a matter of debate. 

Isolation  distances  have  to  be  respected  to  non-GM  fields  of  the  same  species, 
which  are  for  maize  200  m  towards  conventional  crops  and  300  m  towards 
organic crops. Isolation distances can be replaced by buffer strips. For maize, 1 
line  of  buffer  strips  (non-GM  maize)  replace  2  m  of  isolation  distance.  Buffer 
strips must consist of 6 lines as a minimum. The buffers trip is harvested together 
with  GM  production  and  marked  as  GM.  For  maize,  it  is  also  possible  to  use 
different maturity classes in agreement with the neighbour. 

Detailed  segregation  measures  have  only  been  set  for  maize  and  potatoes. 
Isolation  distance  to  non-GM  fields  of  the  same  species  have  to  be  respected 
(Potatoes: 3 m, maize: 50 m). The SBA can grant exceptions from the distances 
if  there  would  be  e.g.  geographical  or  other  aspects  that  could  be  found 
reasonable. For seed production, the general seed production rules apply. 

1.2.3. Operators responsible for the implementation of the segregation measures 

GM crop growers have the responsibility for the implementation of segregation 
measures. No specific rules have been defined for non-GM seed production. 

Flanders  and  Wallonia:  Primarily,  the  GM  crop  grower  is  responsible  for  the 
implementation of the segregation measures. Secondly, also contractors will have 
certain obligations. Non-GM crop growers also have limited obligations 

GM  crop  growers  are  responsible  for  applying  segregation  measures.  Seed 
producers  (according  to  seed  legislation)  are  responsible  for  segregation 
measures for the production of seeds. 

GM crop growers are responsible for implementing segregation measures. In the 
case  of  non-GM  seed  production  the  seed  producers  are  responsible  for 
implementation of appropriate additional measures. 

Generally, the producers of GM crops are responsible. In a coexistence situation 
with non-GM seed production it would still be the responsibility of the GM crop 
producer to implement the coexistence rules, whereas the non-GM seed producer 
would be responsible for adhering to the general seed production rules as usual. 

SI 

SK 

SV 

AT 

BE 

CZ 

DE 

DK 

EN 

29 

   EN 

 
 
(Draft measures) Any person, who commercially cultivates, handles or transports 
GM crops, shall ensure that vehicles, machinery, materials, etc. used for sowing, 
harvesting,  transporting,  etc.  GM  crops  are  cleaned  so  that  no  dispersal  to 
conventional  or  organic  crops  can  take  place.  Storage  facilities  that  have  been 
used to store GM crops shall be cleaned before being used to store conventional 
or organic crops. 

EE 

(Current  situation)  GM  crop  growers  are  not  obliged  to  implement  mandatory 
segregation  measures.  However,  GM  crop  growers  have  to  use  certified  seeds 
and  must  apply  the  good  agricultural  practices  and  recommendations  given  by 
the seed providers. Farmers wishing to obtain a GMO-free harvest have to adopt 
the  appropriate  segregation  measures.  Seed  producers  are  responsible  to 
implement  measures  to  comply  with  the  varietal  and  GM  impurities.  The 
isolation  distances  stipulated  in  the  seeds  Directives  are  considered  to  be 
sufficient to comply with seed thresholds if they were set at levels different from 
zero.  

ES 

(Draft  measures)  GM  crop  growers  will  be  responsible  for  implementing 
segregation measures.  

(Draft measures) The GM crop grower is the sole actor responsible for fulfilling 
the  statutory  isolation  distances.  All  actors  involved  in  the  actions  within  the 
scope  of  the  draft  law  shall  fulfil  the  general  requirements  of  diligence, 
segregation, cleaning etc in the handling, storage and transportation of GM plant 
materials, as imposed in the draft law. In general, seed producers are not treated 
differently from other growers in the draft law (however, see point 1.4.1).  

GM  crop  growers  are  responsible  for  the  implementation  of  the  segregation 
measures.  The  rules  concerning  the  non-GM  seed  production  are  unchanged. 
There are no specific rules in case of seed coexistence with a GM crop grower. 

GM  crop  growers  are  responsible  for  the  implementation  of  the  segregation 
measures. If the isolation distance extends the GM crop grower's field, a written 
declaration  is  required  from  the  neighbours  to  agree  with  the  GM  crop 
cultivation. In this case, neighbours are also responsible for not growing sexually 
compatible plants during the validity of the GM crop cultivation consent. 

(Draft measures) GM crop growers are responsible for the implementation of the 
segregation  measures.  In  a  coexistence  situation  with  non-GM  seed  production 
both  the  seed  grower  (standard  certification  requirements)  and  the  GM  crop 
grower are responsible. 

(Draft measures) Farmers and other operators mentioned in the coexistence plan 
are obliged to respect the measures contained therein.  

GM  crop  growers  are  responsible  for  compliance  with  isolation  distances  and 
have the responsibility in a coexistence situation with non-GM seed production 
as well. 

GM  crop  growers  are  responsible  for  the  implementation  of  the  segregation 

FI 

FR 

HU 

IR 

IT 

LT 

LU 

EN 

30 

   EN 

 
measures. 

GM  crop  growers  are  responsible  for  the  implementation  of  segregation 
measures. 

GM  crop  growers  are  responsible  for  the  implementation  of  the  segregation 
measures, also in the case of coexistence with seed production. 

Measures not yet determined 

The  GM  crop  grower  is  responsible  for  the  implementation  of  the  segregation 
measures. In case of seed production is up to the seed producer to fulfil the seed 
requirements rules in conjunction with the farmer cultivating GM varieties.  

GM  crop  growers  are  responsible  for  the  implementation  of  segregation 
measures. 

(Draft measures) The GM crop grower is responsible for the implementation of 
the segregation measures. The isolation distance between GM crops and non-GM 
seed  production  will  be  identical  to  the  distance  between  crop  fields  and  fields 
for seed production.  

GM  crop  growers  are  responsible  for  the  implementation  of  segregation 
measures. 

The  coexistence  legislation  is  directed  towards  operators  that  is  or  will  grow 
and/or  handle  GM  crops.  According  to  Regulation  (EC)  No  1829/2003,  to 
determine  GMO  admixture  to  be  adventitious  or  technically  unavoidable, 
operators  must  be  in  a  position  to  supply  evidence  to  satisfy  the  competent 
authority that they have taken appropriate steps to avoid presence of GM material 
above  the  threshold  of  0.9  %.  This  means,  for  example,  that  farmers  or  other 
operators  have  the  responsibility  to  be  cautious  when,  for  example,  sharing 
equipment or storage fascilities.  

1.2.4. Measures  required  during  seed  handling,  seeding,  cultivation  (other  than 
spatial  segregation  measures),  harvest,  post-harvest  operations,  transport, 
storage and further processing  

Measures not yet determined 

Flanders: Measures not yet determined 

Wallonia: Measures not yet determined 

LV 

NL 

PL 

PT 

RO 

SI 

SK 

SV 

AT 

BE 

CZ 

No specific coexistence measures apply.  

In  order  to  protect  against  dispersal  into  external  plots  of  land,  especially  by 
means of the effects of the weather or conveyance by animals, the grower shall 
store  (1)  GM  seed  or  planting  material  in  sealed  or  thoroughly  well  covered 
containers and separate from non-GM seed or planting material of the same kind, 

DE 

EN 

31 

   EN 

 
 
 
(2)  harvested  produce  of  GM  plants  –  where  these  contain  parts  capable  of  re-
production – in sealed storerooms or such that they are thoroughly well covered. 
The  containers  and  storerooms  shall  be  labelled.  If  the  harvested  produce  is 
stored  on  a  plot  of  land  registered  in  the  federal  site  register  for  GMOs,  the 
labelling is not obligatory. 

Transport:  In  order  to  protect  against  dispersal  into  external  plots  of  land, 
especially by means of dispersal by wind, the grower shall transport (1) GM seed 
and planting material in sealed containers, (2) harvested produce of GM plants – 
where these contain parts capable of re-production – in sealed vehicles or, when 
transported  on  vehicles  with  open  loading  areas,  such  that  they  are  thoroughly 
well  covered.  If  GM  seed,  planting  material  or  harvested  produce  are  spilled 
during  loading  or  transport  it  must  be  added  back  to  the  same  seed,  planting 
material or harvested produce, separately utilised or destroyed. 

Cultivation  measures:  In  the  course  of  all  cultivation  measures,  including 
harvesting,  a  suitable  technique  shall  be used  to  keep  dispersal  of  GM  produce 
into external plots of land to the minimum possible level.  

Objects  employed:  The  GM  crop  grower  shall  diligently  clean  facilities, 
machinery  and  equipment  employed  in  the  sowing,  harvesting,  processing  or 
transport  of  seed,  planting  material  or  harvested  produce  that  has  been  GM 
before they are used for seed, planting material or harvested produce that has not 
been GM. 

DK 

No specific measures between GM crops, but cultivation intervals between GM 
and non-GM crops and volunteer and bolter control for certain crops. 

(Draft measures) See point 1.2.3. A party, who acquires or otherwise takes over 
the  right  to  use  land,  on  which  GM  crops  have  been  cultivated,  shall  assume 
responsibility  for  control  of  volunteers  and  the  duty  to  maintain  the  cultivation 
intervals laid down for the crop concerned. 

EE 

(Current situation) GM crop growers have to use certified seeds to guarantee the 
purity  and  quality  of  the  harvest.  Farmer  must  apply  the  good  agricultural 
practices  and  recommendations  given  by  the  seed  marketers.  The  technical 
guidelines agreed with the seed producers association (APROSE) and distributed 
amongst  farmers  recommend  growing  conventional  maize  refuges  for  Bt  maize 
fields  larger  than  5  hectares  (prevention  of  resistance  against  Bt  maize),  and 
measures to control adventitious plants.  

(Draft  measures)  It  is  planned,  amongst  others,  to  request  GM  crop  growers  to 
implement  the  following  measures:  (a)  during  cultivation:  isolation  distances, 
buffer  zones,  refuge  zones,  pollen  barriers,  appropriate  crop  rotation,  volunteer 
control, programme of the crop production cycle, soil tillage to reduce GM seed 
banks,  use  of  varieties  with  reduced  pollen  production  or  with  sterility,  sowing 
machinery cleaning before and after being used by GM growers, careful sorting, 
processing, packaging, labelling and segregated storage of GM seeds; (b) during 
harvest:  machinery  cleaning  before  and  after  harvesting,  sharing  of  harvesting 
machinery  between  farmers  cultivating  the  same  production  type,  reducing 
harvesting  losses  (e.g.  maize  grains);  (c)  during  transport  and  storage: 

32 

   EN 

ES 

EN 

 
segregation during transport and storage of GM and non-GM harvest.   

(Draft  measures)  General  measures  for  segregation  in  storage,  cleaning  of 
equipment and facilities in common use etc. are given in the draft law. Measures 
to be followed after GM crop cultivation (e.g. ways of tilling, weed and volunteer 
control,  time  interval  required  before  non-GM  crop  cultivation  with  the  same 
species is allowed) are dependent on the plant species and shall be determined at 
the level of species-specific Decrees. 

(Draft measures) According to the law, harvest, transport and storage of GMOs 
will  be  subjected  to  technical  conditions.  These  conditions  will  be  defined  in  a 
Ministerial Order. 

FI 

FR 

Growers  with  a  licence  to  grow  GM  plants  must  comply  with  the  following 
provisions  regarding  the  production  of  GM  crops:  (a)  application  of  crop 
rotation,  (b)  co-ordination  of  production  cycle  with  neighbouring  growers,  (c) 
elimination of volunteers, in the year or years following the production cycle on 
cases  where  it  can  cause  economical  damage,  (d)  the  roads,  sides,  ditches 
bordering  the  field,  the  floor  areas  and  storage  places  must  be  kept  clean  and 
tidy, (e) in order to prevent any admixture between the conventional and organic 
crops with GM crops, the machinery and tools used for growing and harvesting 
must  be  kept  clean,  and  special  attention  must  be  given  to  clean  the  tools  after 
they were used to work with GM crops, including the disposal of cleaning waste. 

The grower and those who are involved in storage and delivery must (a) in the 
case  of  storing  GM  crops,  prevent  any  admixture  with  other  crops  or  products, 
and by doing so, in particular, arrange a physical separation from other crops and 
thoroughly  clean  the  warehouses,  bins,  and  other  storage  places  used  for  GM 
crops  after  the  product  was  removed,  including  the  disposal  of  cleaning  waste, 
(b)  in  the  case  of  the  delivery  of  GM  crops,  prevent  losses,  leakage,  and 
admixture with other products, and by doing so, in particular, arrange a physical 
separation from other products and thoroughly clean the vehicles or tanks used to 
deliver GM crops, including the disposal of cleaning waste. 

(Draft  measures)  All  of  the  above  is  to  be  carried  out  to  a  Code  of  Good 
Agricultural Practice 

(Draft measures) The following measures apply: (1) GM seeds have to be stored 
in separated rooms and in whole packages and appropriately labelled. GM seeds 
have  to  be  transported  in  closed  transporters.  (2)  Seed-drills  and  harvesting 
machinery  used  for  GM  crop  cultivation  have  to  be  cleaned  immediately  and 
carefully  after  the  seeding  or  harvesting  operations  and  must  be  identifiable  in 
specific registers. In the case of shared use among several farmers the machinery 
can, within the same season, not be used for non-GM seeds. (3) GM and non-GM 
products have to be kept separate during transport, storage, processing and other 
operations carried out with GM products up to the first point of sale and with the 
use  of  machines  seasonally  reserved  for  either  type  of  production  and  clearly 
identifiable by specific registers. 

HU 

IR 

IT 

Where two sexually compatible GM events are cultivated on the same farm or on 
neighbouring  farms  at  the  same  moment,  to  minimize  the  risk  of  generating  a 

EN 

33 

   EN 

 
descendant  which  has  an  increased  rate  of  the  transgenic  protein  and/or  a 
combination  of  events  not  authorized,  the  Region  or  the  Autonomous  Province 
will  be  able  to  establish  mandatory  isolation  distances  between  corresponding 
fields.  Damage  originating  from  the  intrusion  of  wild  animals  into  GM  crop 
fields, where part of the production (including non-mature production) has been 
removed,  has  to  be  communicated  immediately  to  the  Region  as  competent 
authority. Residues or other material remaining from GM production may not be 
removed  or  collected  by  non-authorized  operators.  The  responsible  for  the  GM 
crop cultivation has to take all useful precaution to avoid intrusion into the GM 
field. Isolation distances have to be observed between GM crops and closed areas 
specifically created for the production of sexually compatible non-GM seeds. 

Sowing: Agricultural machinery and implements used for sowing GM crops must 
be cleaned when further used for sowing non-GM crops. GM seed in a package 
that was not used, but that may be used for other sowing seasons, must be sealed 
and entered into a register. In the register the GM crop growers must specify the 
sowing date, purpose of GM crop harvest, precise amount of the seed sowed, the 
area sowed and the amount of unused seed.  

Cultivation:  farmers  may  not  in  the  same  year  cultivate  within  the  minimum 
isolation  distance  from  the  GM  plants  non-GM  rapeseed  or  other  plants  of  the 
cruciferous family of the same family, genus or species as the GM crop and non-
GM cereals and beetroot of the same genus and species, and non-GM potatoes, 
maize, soy and beetroot of the same species (these requirements shall not apply if 
the conventional plants mentioned therein are cultivated and maintained as GM 
crops). Non-GM plants may be sowed within the minimum isolation distance not 
earlier than before a crop-specific time interval. Buffer zones (planted with non-
GM crops of the same species) of at least three meters in width must be planted 
around  GM  crop  fields.  GM  crops  may  not  be  cultivated  within  a  5-km  radius 
around apiaries. 

Harvest: Agricultural machinery and implements used for GM crop maintenance 
and GM crop harvesting must be cleaned. GM crops and their buffer zones must 
be  carefully  maintained  and  cleared  of  weeds.  Fields  where  GM  plants  were 
cultivated  must  be  monitored  during  a  specified  minimum  period,  removing  all 
sprouts. 

Transport:  Vehicles  used  for  transportation  of  GM  harvests  must  be  cleaned 
carefully  after  transportation  of  the  said  harvest  when  further  used  for 
transportation  of  non-GM  crop  harvests  to  remove  all  residual  soil,  seeds  and 
plants. GM harvests must be transported so as to avoid spillage and the like and 
using special closed type vehicles for this purpose. 

Storage: GM harvests must be stored separately from non-GM products. 

Processing: Purifying, drying, loading and packing equipment should be used for 
processing  of  GM  harvests  exclusively,  otherwise  it  must  be  cleaned.  When 
loaded into or unloaded from storage, GM harvests must be monitored to avoid 
spillage  or  damage  to  packages  (if  any),  in  the  case  of  which  the  area  must  be 
cleaned  thoroughly.  After  the  disposal  of  GM  harvests,  the  premises  must  be 
cleaned thoroughly if further used for storage of non-GM products. 

34 

   EN 

LT 

EN 

 
LU 

Sowing and harvesting machines must be cleaned. 

Volunteers of GM crops must be controlled if there is a risk of their out-crossing 
with  non-GM  crops,  except  for  the  cases  when  the  owners  or  users  of  the 
neighbouring fields provide a written co-ordination document stating that they do 
not object to an accidental admixture of GM crops. 

(Draft measures) Good agricultural practices and monitoring 

Measures not yet determined 

See  point  1.2.2.  At  present,  only  technical  measures  for  maize  are  established, 
and  for  this  species  no  specific  measures  for  temporal  cultivation  intervals  or 
post harvest operations are required. 

During harvest, transport, storage and conditioning of GM crop production GM 
crop growers shall take all necessary measures to prevent the physical mixture of 
the  GM  products  with  non-GM  production:  separate  storage,  cleaning  of  the 
sowing  machines,  of  the  conditioning  machines,  means  of  transportation.  Seed 
legislation  applies  for  the  production  of  seed.  Companies  provide  complex 
stewardship  programs  in  view  of  complying  with  traceability  rules  (seed  bag 
labelling,  storage,  technical  guides).  Farmers  growing  GM  crops  shall  use 
certified seeds only. 

(Draft measures) If a GM crop producer also cultivates on the same agricultural 
holding non-GM plants of the same species as the GM crop, he must ensure that 
the  GM  crop  propagating  material  is  physically  separated  from  the  products  of 
the non-GM plants before and during sowing or planting, and that the GM crop 
products are physically separated from the products of the non-GM plants during 
harvesting,  transport,  storage  and  processing,  or  that  all  non-GM  plants  of  this 
species,  and  their  products,  are  labelled  in  accordance  with  the  regulations 
governing  the  labelling  of  GMOs.  For  the  harvest,  transport,  storage  or 
processing  of  GM  crops,  a  producer  must  use  machinery,  installations, 
equipment  and  transport  and  other  means  other  than  those  used  for  non-GM 
agricultural  plants,  or  must,  after  each  instance  of  their  use  with  GM  crops, 
subject  them  to  deep  cleaning.  The  GM  crop  producers  must  take  into  the 
consideration  the  crop  rotation  and  destroy  volunteer  plants,  if  such  measures 
will be provided in a regulatory Act. 

GM  crop  growers  are  obliged  to  observe  the  isolation  distances,  destroy 
volunteers around the production field, and ensure the cleaning of all equipment, 
which  was  used  in  connection  with  GM  seeds  and  GM  production.  Separate 
storage is required for GM seeds and production and non-GM material, as well as 
separate  treatment  and  processing..  Two  years  after  cultivation  farmers  have  to 
monitor the vicinity of fields and destroy the living GM plants. Non-GM plants 
of  the  same  species  cannot  be  grown  for  two  years  on  plots,  where  GM  crops 
were cultivated. 

If GM potatoes have been cultivated on a field this information has to be passed 
on to any other farmer who will use that field within the next two years. If the 

LV 

NL 

PL 

PT 

RO 

SI 

SK 

SV 

EN 

35 

   EN 

 
next  farmer  is  not  known,  the  owner  of  the  land  has  to  be  informed.  Measures 
should be taken when transporting a GM crop or product to ensure that there is 
no  risk  of  GMOs  being  spread  to  non-GM  crops,  which  could  cause  economic 
damage as a result of labelling the affected products as GM. For the same reason 
vehicles,  machinery,  sorting  equipment,  tools  etc.  must  be  cleaned  prior  to  use 
with non-GM crops or products. 

1.2.5. Application  of  segregation  measures;  Agreements  between  neighbours  not  to 

apply segregation measures 

Flanders:  GM  crop  growers  are  also  given  the  opportunity  to  agree  with 
neighbouring  farmers  within  the  notification  distance  (being  larger  than  the 
technical  isolation  distance)  to  commit  to  a  buy  up  of  contaminated  fields. 
Neighbouring operators can, under the condition that they did not appeal after the 
GM crop grower’s notification, agree not to apply segregation measures, but only 
at  their  own  risk  and  expense.  If  they  appealed,  based  on  a  reasoned  economic 
interest, and the appeal was accepted by the committee (evaluating the ‘reasoned 
economic  interest’),  the  risk  and  compensation  for  any  possible  damage  due  to 
the cultivation within the isolation distance is for the GM crop grower 

Wallonia: Neighbouring operators can decide not to apply segregation measures. 
The  neighbouring  non-GM  crop  has,  however,  to  be  labelled  as  GM,  whatever 
the  level  of  contamination,  as  this  contamination  is  no  more  "adventitious  or 
technically unavoidable". 

Segregation measures are obligatory. 

GM-crop growers do not have to observe the coexistence obligations towards a 
third party if the said third party has agreed in writing to renounce his protection 
or has not provided, on request, the information necessary for his protection and 
the obligation serves in that particular case solely to protect that third party. The 
deviation  from  the  principles  of  good  farming  practice  shall  be  declared  to  the 
competent authority in good time before sowing or planting. 

Neighbouring operators may jointly decide not to apply the otherwise mandatory 
isolation  distances.  In  such  events  they  must  sign  a  written  agreement  before 
sowing of the GM crop.  

(Draft  measures)  Requirements  concerning  the  isolation  distances  may  be 
deviated from if there is a written agreement with the party or parties concerned, 
which  is  to  be  signed  before  the  GM  crop  is  sown.  A  party  which  acquires  or 
otherwise  takes  over  the  right  to  use  land  on  which  GM  crops  have  been 
cultivated shall assume responsibility for the control of volunteers and the duty to 
maintain the cultivation intervals laid down for the crop concerned.  

(Draft  measures)  Neighbouring  operators  can  decide  not  to  observe  isolation 
distances although they should still comply with other requested measures.  

(Draft measures) GM crop growers may deviate from the obligatory isolation if 

BE 

CZ 

DE 

DK 

EE 

ES 

FI 

EN 

36 

   EN 

 
 
this has been agreed with the neighbour. In such cases, however, compensation 
of possible economic losses due to GMO admixture shall not be compensated on 
the ground of this draft law.  

FR 

Measures not yet determined 

The  application  of  segregation  measures  is  obligatory.  However,  farmers  are 
allowed  to  submit  an  application  for  GMO  cultivation  jointly  providing  if  the 
fields where they intend to grow GMOs are next to each other. In this case the 
competent authority treats the fields as one entity and one decision will be issued 
– therefore, segregation measures between the fields of the joint farmers are not 
necessary. Procedures, segregation measures are presented under point 1.2.2. 

(Draft measures) Segregation measures are obligatory. 

(Draft measures) Segregation measures are obligatory. 

GM crop growers may not observe the minimum isolation distances if GM plants 
are cultivated in adjoining fields or the harvest of crops cultivated by neighbours 
is not intended to be placed on the market, or it will be labelled as GM. In this 
case,  the  GM  crop  grower  must  inform  neighbours  about  the  coexistence 
requirements,  providing  them  the  copies  of  the  crops  plans,  and  obtain  the 
consent of the neighbours in writing. 

Segregation measures are obligatory. 

Neighbouring  operators  may  jointly  decide  not  to  apply  segregation  measures, 
when the owners or users of the neighbouring fields give a written co-ordination 
document stating that they do not object to an accidental admixture of GM crops. 

Segregation measures are obligatory. 

 Measures not yet determined  

See point 1.2.2. 

HU 

IR 

IT 

LT 

LU 

LV 

NL 

PL 

PT 

RO 

Segregation measures are obligatory. 

GM  crop  growers  and  their  neighbouring  farmers  may  jointly  decide  which 
measures will be applied before an application  for  GM  crop cultivation  will  be 
submitted. The segregation measures listed in the application are then obligatory. 

Farmers have the responsibility to observe all duties of the coexistence law. 

The  purpose  of  the  regulation  is  to  prevent  a  non-GM  crop  grower  to  suffer 
economic damage deriving from having to label a product as GM. Neighbouring 
farms that both grow GM crops do not need to maintain safety measures between 
them. A GM crop  grower can agree  with a neighbouring farmer not to observe 
the isolation distances between their fields. In that case any admixture in the non-
GM  product  could  not  be  considered  adventitious  or  technically  unavoidable. 
Similarly, a GM crop grower does not have to implement segregation measures 

SI 

SK 

SV 

EN 

37 

   EN 

 
within his own farm. 

1.3. Rules and procedures in cases of GMO admixture and/or damage  

1.3.1. Notification  requirements  applicable  for  operators  in  cases  where  GMO 
presence  is  observed  in  non-GM  products  or  elsewhere  in  the  environment 
(labelling requirements according to Community legislation are not considered 
here) 

No such requirements exist in some regions. In others, owners or users of areas, 
on which GM  crops are not cultivated, are obliged to report suspected cases of 
contamination with GMOs to the public authorities. 

Flanders  and  Wallonia:  No  specific  notification  requirements.  However,  a  GM 
crop grower has to notified any unexpected or abnormal event occurring within a 
GM-crop or in the neighbouring environment 

No specific notification requirements  

No  specific  notification  requirements.  The  coexistence  monitoring  in  general  is 
exercised by the holder of the authorisation for placing the GMO on the market 
and the state authorities. 

No specific notification requirements 

No specific notification requirements 

(Draft  measures)  Farmers  will  have  to  notify  the  regional  competent  authority 
any  problem  or  difficulty  in  applying  the  coexistence  measures,  or  any  other 
conflict that may be derived from co-existence.  

(Draft measures) No specific notification requirements 

No specific notification requirements. However, in application of the rural code, 
any  abnormal  event  or  negative  effect  which  could  be  linked  to  the  release  of 
GMOs shall be reported to the plant protection services.  

Should  a  consent  holder  acquire  important  new  data  relating  to  the  GMO  or  to 
the  gene  technological  activity  for  which  its  consent  has  been  granted,  it  shall 
inform the relevant gene technology authority without delay. 

No specific notification requirements 

No specific notification requirements 

In  the  case  of  mixing  or  cross-breeding  of  GM  plants  with  conventional  and 
organic  plants  or  in  the  case  of  spillage  of  GM  plants  or  their  products,  when 
GMO  presence  exceeds  0.9  %,  competent  national  supervisory  bodies  must  be 

AT 

BE 

CZ 

DE 

DK 

EE 

ES 

FI 

FR 

HU 

IR 

IT 

LT 

EN 

38 

   EN 

 
 
 
informed of the incident.  

No specific notification requirements  

No specific notification requirements  

No specific notification requirements  

(Draft  measures)  If  the  presence  of  GMOs  is  observed  in  official  controls  the 
inspectors must inform the competent authority.  

No specific notification requirements 

LU 

LV 

NL 

PL 

PT 

RO 

No special notification requirements 

The Inspection Service for Agriculture, Forestry and Food should be informed if 
an  authorised  GMO  is  present  in  non-GM  products.  The  inspector  will  decide 
whether  the  crop  is  considered  damaged  or  not  (and  if  the  damage  is 
unintentional  or  not).  If  GM  crops  are  found  elsewhere  in  the  environment  the 
Inspection for Environment should be informed. 

No special notification requirements 

No special notification requirements 

SI 

SK 

SV 

1.3.2. Rules applying in relation to the compensation of economic damage that may 

result from GMO admixture 

Some regions (Länder) have no specific provisions on compensation.  

Other  regions  stipulate  that  GM  crop  growers  have  to  grant  compensation  in 
cases  of  illegal  cultivation.  The  damage  has  to  be  calculated  according  to  the 
market value of non-GM crops. To the extent that damaged products can still be 
used, the resulting revenue has to be deducted. A limitation of the market value 
of the damaged product that would have resulted from other factors, in particular 
climatic  conditions,  has  to  be  deducted.  Should  it  become  necessary  to  plough 
the  land  and  re-plant  it  with  other  crops,  the  associated  costs  have  to  be 
compensated.  The  damaged  party  has  to  complain  within  two  months  from 
obtaining knowledge of the damage. 

In  some  regions,  public  authorities  may  implement  necessary  emergency 
measures  to  prevent  out-crossing  with  GM  crops  in  the  cases  of  illegal  or 
inappropriate cultivation. The resulting costs have to be compensated by the GM 
crop grower.  

In  one  region,  in  cases  of  contamination  of  products  with  GMOs,  where  the 
responsible  for  the  contamination  cannot  be  determined,  damaged  parties  may 
receive compensation by the regional Government. 

Flanders:  A  compensation  fund  is  fed  by  contributions  from  GM  crop  growers 

39 

   EN 

AT 

BE 

EN 

 
 
(amount still to be determined). Farmers having experienced economic loss due 
to  GMO  admixture  above  0.9  %  can  apply  for  a  compensation,  but  several 
conditions  have  to  be  met:  (1)  principally  only  damage  outside  the  isolation 
distance (exception foreseen when an appeal of a non-GM crop grower inside the 
isolation  distance  was  overruled);  (2)  application  for  compensation  is  restricted 
in  time  (before  30  June  of  second  calendar  year  after  the  harvest);  (3)  the 
applicant  may  not  cultivate  himself  GM  varieties  of  the  same  damaged  plant 
species; (4) the damaged plant species has to be the same as the plant species on 
the  GM  crop  field  within  the  notification  distance;  (5)  if  hard  evidence  was 
provided that the damage could not be  caused by the GM crop field within the 
notification  distance  (for  example  other  GM  event);  (6)  the  applicant  himself 
needs to comply with all the legislation and may not be negligent. The fund may 
also  recover  paid  compensations  at  a  later  stage  if  new  evidence  comes  up. 
Applications for compensation are dealt with by a committee of administration, 
scientists  and  experts.  The  overall  civil  liability  legislation  still  applies  in  all 
(other) cases. 

to 

legal 

labelling 

is  defined 

Wallonia:  (Draft  measures)  A  compensation  fund  is  in  place  to  compensate 
economic  damage  resulting  from  GMO  admixture  of  the  harvested  product. 
thresholds 
relatively 
Economic  damage 
(conventional or organic farming). The procedure is still to be defined. There are 
no specific requirements for compensation, except if the GM and non-GM crop 
of the same species are grown by the same operator. In that case compensation 
applies  only  if  the  operator  can  prove  that  GM  crop  was  grown  in  accordance 
with the legal prescriptions. The level of compensation will be decided by an ad-
hoc  commission,  on  a  case-by-case  basis.  The  right  of  a  farmer  suffering 
contamination  of  his  harvest  to  proceed  to  the  tribunal  is  maintained.  If  an 
operator  is  found  responsible  for  any  fault,  the  expenses  of  the  compensation 
fund will be reclaimed.  

When  a  deliberate  release  into  the  environment  of  GMOs  occurs  and  causes 
damage into the environment, public health, or private property the operator can 
be  charged  with  an  offence.  The  court  can  also  order  the  submission  of  all 
expenses for damage restoration. 

In relation to GM crop cultivation the general civil liability legislation applies. 

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 % 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 admixture.  

Specific  liability  and  compensation  legislation  has  been  established  for  farmers 
who  suffer  an  economic  loss  due  to  GMO  admixture.  In  order  to  receive 
compensation the GM field must be cultivated within a certain distance from the 
non-GM  field  and  in  the  same  growing  season,  which  is  greater  than  the  crop-
specific  isolation  distances.  Also  the  GMO  trait  that  has  been  identified  in  the 
non-GM crop must be identical to the cultivated GM crop. The content of GMO 

CY 

CZ 

DE 

DK 

EN 

40 

   EN 

 
in the non-GM crop must exceed 0.9 % on a whole field basis. Organic farmers 
can  also  receive  compensation  if  they  suffer  a  loss  even  though  their  field  is 
outside the compensation distance. That is if the seeds they sowed contained GM 
seeds.  Farmers  must  send  their  compensation  claims  to  the  Danish  Plant 
Directorate  no  later  that  14  days  after  the  GMO  presence  in  non-GM  products 
was discovered. Claims received after 1 August the year after the harvesting year 
will not be accepted. The fund is financed by the GM crop growers through the 
cultivation fee (13 Euro per hectare with GM crops). 

Losses  caused  by  illegal  introduction  of  GMOs  to  the  environment,  illegal 
marketing of GMOs or products, failing to fulfil the obligation of notification or 
failing  to  comply  with  the  rules  of  handling  GM  crops  will  be  compensated 
according to the Law of Obligations Act. 

The general civil liability legislation applies. Furthermore, if adventitious GMO 
presence  is  found  in  non-GM  fields,  the  corresponding  regional  administrative 
law  will  apply.  For  any  claims,  operators  must  provide  legally  acceptable 
evidence.     

(Draft  measures)  Losses  caused  by  admixture  of  GM  plant  materials  with  non-
GM  plant  varieties  in  conventional  or  organic  production  may  be  compensated 
by the State on certain preconditions: if it is likely that the damage results from 
the  cultivation  of  GM  crops  and  does  not  result  from  the  acts  of  the  party 
suffering  the  damage.  Damage  is  compensated  if  the  GMO  admixture  exceeds 
the limits imposed on such products of cultivation (or the products made thereof) 
in  EC  product  legislation  with  the  consequence  that  the  products  either  are  not 
permitted to be marketed at all or can only be marketed labelled as GM products. 
Additionally,  costs  of  the  necessary  investigations,  sampling  etc.  shall  be 
compensated for the conventional or organic grower in question. For an organic 
grower  also  costs  of  the  actions  necessary  for  restoring  the  genetically  mixed 
plantation to the condition stated in community legislation on organic agriculture 
shall  be  compensated,  as  well  as  costs  caused  by  the  reversion  of  his  plant 
cultivations or animal production to the conversion period defined in Regulation 
(EEC) No. 2092/91. The compensation can be applied for from the Finnish Food 
Safety Authority Evira within one year after harvesting the damaged yield, and 
the  application  should  present  sufficient  clarification  of  the  damages.  If  the 
damage has been caused by the GM crop grower due to neglect or omission (i.e. 
as  the  result  of  not  complying  with  the  measures  stated  in  the  draft  law),  the 
Finnish state has a right of recourse towards the GM crop grower. Provided gene 
flow  from  other  growers'  GM  fields  has  changed  seed  to  an  extent  that  the 
statutory  seed  thresholds  are  exceeded  and  the  harvested  seed  cannot  any  more 
be  used  for  sowing  seed,  the  economic  losses  caused  thereby  for  the  seed 
producer are included in the compensation regime in the draft law. 

The GM crop grower is responsible in case of economic damage even if no fault 
has been made. Economic damage is defined to occur when the EU threshold of 
0.9 % is exceeded in a production obtained on a field located close to a GM crop 
field  and  grown  in  the  same  year.  The  damage  is  defined  as  the  difference 
between the price of the GM product and the price of the non-GM product. The 
conditions and procedure will be defined in a decree. The GM crop grower must 
subscribe a financial guarantee. The general civil liability legislation applies for 

EE 

ES 

FI 

FR 

EN 

41 

   EN 

 
other kinds of damages. 

The liability rules for damage resulting from activities involving increased risk of 
the  Hungarian  Civil  Code  should  be  applied  for  damage  occurring  from  the 
cultivation  of  GM  crops,  unless  the  aggrieved  party  has  given  its  prior  written 
consent to the GMO cultivation, in which case the general liability rules of the 
Civil Code shall be applied. The aggrieved party can also claim compensation for 
non financial loss. The proof of actual admixture is required; therefore the loss of 
a farmer whose customers only fear that his products are no longer GMO-free is 
not  recognized  as  compensable.  A  compensation  fund  compensating  harm 
resulting from GMOs is not foreseen. 

Measures not yet determined 

(Draft measures) Damage originating from non-compliance with the coexistence 
plan has to be compensated. Specific rules apply for the compensation of damage 
resulting  from  a  mixture  that  can  not  be  charged  to  individual  responsibilities. 
Specific  insurance  instruments  from  producers  are  considered  to  cover  costs 
resulting from  the responsibilities and damages caused. A producer is excluded 
from  any  responsibilities  if  using  certified  non-GM  seeds.  Furthermore  the 
guidelines  foresee  the  creation  of  a  specific  fund  for  the  compensating  of 
economic damage resulting from the presence of GM material in other products 
or soils that cannot be compensated under civil liability rules. The claimant has 
to prove economic damage by the presence of GM material in his own product or 
his own soil. The following losses can be compensated: (a) price reduction of the 
agricultural  product  due  to  the  presence  of  GM  material  (the  amount  of  the 
compensation is limited to the difference of the market price between the product 
which  has  to  be  labelled  as  GM  and  a  non-labelled  product),  (b)  test  costs  and 
indirect losses resulting from the change of market channels.  

Farmers  shall  be  liable  for  non-compliance  with  the  coexistence  rules.  No 
specific rules or mechanisms for compensation have been defined in relation to 
GM crop cultivation. 

GM crop growers are responsible for any economic damage that may occur from 
their GM crops. General civil liability applies. 

GM crop growers shall compensate the incurred economic losses to the amount 
specified by the court if these have arisen from non-compliance with coexistence 
requirements. 

(Draft measures) A fund covering residual damage is under construction. 

The general civil code applies. 

Compensation  will  be  granted  by  a  fund  for  economic  damage  arising  from 
accidental  contamination  due 
the  cultivation  of  GM  varieties.  This 
compensation fund applies to agricultural products, not transformed, in the first 
phase  of  market  placement,  which  have  been  verifiably  mixed,  in  levels  above 
0.9 %, with the same GMOs that are contained in the cultivated GM varieties. 

to 

HU 

IR 

IT 

LT 

LU 

LV 

NL 

PL 

PT 

EN 

42 

   EN 

 
RO 

There  are  no  specific  provisions  concerning  the  compensation  of  economic 
damage that may result from GMO admixture. The general civil code applies. 

If the person who has damaged the crop is known, the general civil liability law 
is applied. Otherwise the  Republic of Slovenia takes over the responsibility for 
damage,  on  the  basis  of  the  notification  of  a  farmer  suffering  damage.  The 
amount of the damage is determined as the price difference (GM versus non-GM 
products) and other costs related to farming where GMOs are not allowed. The 
Committee  at  the  Ministry  of  Agriculture,  Food  and  Forestry  determines  the 
amount  of  compensation.  If  there  is  no  consensus,  the  court  for  civil  matter  is 
involved. 

There  are  no  specific  provisions  concerning  the  compensation  of  economic 
damage that may result from GMO admixture. The general civil code applies.  

The general civil code applies. 

1.3.3. Availability  of  insurance  cover  on  the  market  for  economic  risks  related  to 

GMO admixture  

Flanders and Wallonia: No insurance available 

No insurance available 

No information available on such insurance 

No insurance available 

insurance  available.  Until 

the  Danish 
No 
compensation  fund  will  pay  for  economic  losses  due  to  GMO  admixture  if  the 
specific compensation rules are complied with.  

insurance  will  be  available 

No insurance available 

No information available on such insurance 

No insurance available 

Insurance cover is not yet available on the market but some insurance companies 
are preparing insurance products. 

No insurance available 

No insurance available 

No insurance available 

No insurance available 

SI 

SK 

SV 

BE 

CY 

CZ 

DE 

DK 

EE 

ES 

FI 

FR 

HU 

IR 

IT 

LT 

EN 

43 

   EN 

 
 
LV 

NL 

PL 

PT 

No insurance available 

No insurance available 

No insurance available 

No insurance available 

RO 

No insurance available 

SI 

SK 

SV 

No insurance available 

No insurance available 

No insurance available 

1.3.4. Obligatory subscription of an insurance  

Insurance cover can be requested by the competent authority in some regions as a 
condition  to  grant  authorisation  for  the  cultivation  of  GM  crops.  Where  no 
insurance cover is available, sufficient financial guarantee may be requested. In 
other regions, such requirements do not exist. 

Flanders and Wallonia: Subscription of an insurance is not obligatory 

(Draft measures) Subscription of an insurance is not obligatory 

Subscription of an insurance is not obligatory 

Subscription of an insurance is not obligatory 

AT 

BE 

CY 

CZ 

DE 

DK 

Subscription of an insurance is not obligatory 

EE 

ES 

FI 

FR 

HU 

IR 

IT 

(Draft measures) Subscription of an insurance is not obligatory 

(Draft measures) Subscription of an insurance is not obligatory 

(Draft measures) Subscription of an insurance is not obligatory 

The  subscription  to  a  financial  guarantee  is  mandatory.  This  can  include  an 
insurance  but  also  other  types  of  financial  guarantee.  A  decree  will  define  the 
different possibilities. 

Subscription of an insurance is not obligatory 

(Draft measures) Subscription of an insurance is not obligatory 

(Draft  measures)  The  guidelines  foresee  the  obligation  to  contract  a  policy  of 
insurance or a guarantee before seeding. 

EN 

44 

   EN 

 
 
LT 

LU 

LV 

NL 

PL 

PT 

Subscription of an insurance is not obligatory 

Subscription to insurance or special compensation fund is mandatory. 

Subscription of an insurance is not obligatory 

Subscription of an insurance is not obligatory 

(Draft measures) Subscription of an insurance is not obligatory 

Subscription of an insurance is not obligatory 

RO 

Subscription of an insurance is not obligatory 

SI 

SK 

SV 

(Draft measures) Subscription of an insurance is not obligatory 

Subscription of an insurance is not obligatory 

Subscription of an insurance is not obligatory 

1.4. Restrictions for the cultivation of GM crops  

1.4.1. Regions  where  GM  crops  may  not  be  grown,  or  where  specific  authorisation 

procedures apply 

In  regions  (Länder)  requiring  an  authorisation  for  the  cultivation  of  GM  crops, 
such  authorisation  will  only  be  granted  by  the  competent  regional  authority  in 
certain protected areas if the aim of protection of these areas is guaranteed and/or 
wild  animals  and  plants  as  well  as  natural  habitats  are  not  damaged.  In  some 
regions, specific protection is provided for certain protected areas, including the 
alpine  region  and/or  mountain  pastures,  glaciers  and  their  catchment  areas, 
swamps,  reed  and  riverside  forest  areas,  areas  managed  under  contract  nature 
protection schemes, will only be granted by the competent regional authority if 
the aim of protection of these areas is guaranteed. In some cases, the cultivation 
of  GM  crops  requires  in  specific  authorisation  in  certain  protected  regions. 
Cultivation is not allowed in areas of organic farming, and in areas where a risk 
of  out-crossing  with  non-GM  production  exists.  In  some  regions,  public 
authorities  may  designate  regions,  where,  according  to  the  current  scientific 
knowledge  appropriate  segregation  measures  cannot  prevent  out-crossing  with 
GMOs. Only two regions do not have specific procedures for different regions. 

Flanders and Wallonia: no specific procedures for different regions 

GM crops may not be grown in Natura 2000 areas and Specially Protected Areas 
(SPAs) 

no specific procedures for different regions 

no specific procedures for different regions 

AT 

BE 

CY 

CZ 

DE 

EN 

45 

   EN 

 
 
DK 

EE 

ES 

FI 

FR 

HU 

IR 

IT 

no specific procedures for different regions  

no specific procedures for different regions  

There are no specific procedures for different regions, however, the Autonomous 
Regions  may  adapt  the  general  co-existence  measures  according  to  their 
particularities,  including  the  possibility  for  more  restrictive  measures  or  bans, 
provided this is in compliance with the EU legislation. 

Cultivation  of  GM  plant  material  of  a  certain  plant  species  or  variety  can  be 
restricted  or  prohibited  within  a  geographically  restricted  area  important  for  its 
seed production, provided that the purity requirements for seed production in the 
Finnish  Seed  Trade  Act  cannot  be  reached  by  other  measures  provided  in  the 
present  draft  law.  Restriction  or  prohibition  will  be  enacted  by  a  ministerial 
decree by the Ministry of Agriculture and Forestry. 

The natural parks can exclude the cultivation of GM crops with the unanimous 
agreement  of  the  concerned  farmers,  and  if  this  possibility  is  included  in  their 
charter. 

taking 

into  account 

to  define  cultivation  conditions 

Applications  to  grow  GM  crops  will  be  assessed,  amongst  others,  according  to 
regional  criteria.  Goal  of  the  authorisation  process  is  to  enable  competent 
authorities 
local 
circumstances  as  well  as  special  characteristics  of  the  plant  species:  (a)  cross-
pollination of specific species and varieties (if there are similar species/varieties 
from  taxonomical  aspect  in  the  vicinity  of  the  field  used  to  grow  genetically 
modified plants), (b) the purpose of the utilisation, (c) the vegetation period, (d) 
propagation biological characteristics; inclination for interspecific cross-breeding 
with  non-GM  species,  (e)  following  regional  characteristics:  (1)  the  prevalence 
of  the  genetically  modified  species/varieties  to  be  grown,  the  size  of  acreage 
compared with non-GM plants in the actual region, (2) the shape and size of the 
field (compared to what is characteristic in the region), (3) characteristic climatic 
conditions of the region, (4) characteristic topographic features of the region, (5) 
factors influencing pollination and the gene flow via pollen, (6) the distance from 
protected  and  sensitive  natural  areas  and  those  of  the  Natura  2000  areas.  The 
nature  conservation  authority  may  suggest  isolation  distances  towards  areas 
under  environmental  protection,  environmental  sensitive  areas  or  Natura  2000 
areas. These isolation distances can be wider than the ones to non-GM crop fields 
but  shall  not  exceed  the  double  of  those.  Furthermore,  the  nature  conservation 
authority  may  suggest  special  cultivation  conditions  in  order  to  ensure 
compliance with the EC legislation on the conservation of natural habitats and of 
wild  fauna  and  flora  and  on  the  conservation  of  wild  birds  as  well  as  with  the 
rules  included  in  national  legislation  on  designation  of  protected  areas  and  on 
environmental  sensitive  areas.  The  granting  of  the  consent  for  cultivation  can 
only be refused if compliance with the above mentioned rules can not be ensured 
even by such special cultivation conditions. 

no specific procedures for different regions 

(Draft  measures)  The  cultivation  of  GM  crops  is  excluded  from  the  following 

EN 

46 

   EN 

 
areas: protected areas, Natura 2000 areas: SAC – Special Areas of Conservation, 
SCI  –  Sites  of  Community  Importance,  areas  for  the  protection  of  biodiversity, 
sites of conservation of agronomic biodiversity identified within the meaning of 
the  regional  laws  or  rules,  and,  where  existent,  the  summer  dike  basins.  GM 
crops that are sexually compatible cannot be grown in areas focussing on quality 
production  (PDO,  PGI,  VQPRD,  etc.)  of  certain  crops,  except  for  those  where 
production  rules  explicitly  allow  the  use  of  GMOs.  GM  crops  cannot  be 
cultivated  in  homogenous  areas  of  organic  and  integrated  farming  according  to 
the regional laws or rules. The Regions and Autonomous Provinces can foresee a 
specific  protection  of  the  areas  for  the  propagation  and  reproduction  of  plants, 
including the creation of closed areas where GM crops will be banned.  

(Draft revision of the Law on Protected Areas). Specific protected areas will be 
established where GM crops may not be grown. 

no specific procedures for different regions 

The  cultivation  of  GM  crops  in  protected  nature  territories  of  European 
significance  (Natura  2000  places)  is  permitted  only  if  specially  protected 
biotopes,  species  and  existence  of  specially  protected  habitats  of  species  of 
limited  use  are  not  threatened.  GM  crop  growers  shall  receive  technical 
regulations in the regional office of the State Environmental Service. 

no specific procedures for different regions 

(Draft  measures):  There  will  be  rules  introduced  on  establishing  GMO-free 
regions in Poland. Up to now all woiewodeship announced themselves as GMO-
free regions, but their declaration is not legally binding.  

No specific authorisation procedure is established at regional level or for specific 
regions. The general principle is: if a GM variety is authorised according to the 
EU legislation, it can be cultivated if the national coexistence rules are fulfilled. 
Although  this  principle  exists,  is  possible  to  officially  recognise  a  GMO-free 
zone  for  the  cultivation  of  a  particular  plant  species,  following  a  voluntary 
decision made by a group of farmers.  

The regions where GM crops may not be grown are the natural protected areas 
(as Biosfera Delta Dunarii and others) and the Natura 2000 national reserves.  

The cultivation of GM crops is prohibited in regions established on a voluntary 
basis as described under point 1.4.2. 

no specific procedures for different regions 

no specific procedures for different regions 

LT 

LU 

LV 

NL 

PL 

PT 

RO 

SI 

SK 

SV 

1.4.2. Designation  of  regions  or  zones  reserved  for  the  cultivation  of  GM  crops  or, 

alternatively, for the cultivation of non-GM crops 

EN 

47 

   EN 

 
 
AT 

All declarations of the regions (Länder) within the network of GMO-free regions 
are of a political nature; there do not exist any legally binding provisions.  

Flanders: GMO-free zones can be declared only with the full written support and 
on a complete voluntary basis of all the farmers concerned. The GMO-free zones 
will have to have a minimum area (not yet determined) and can only be declared 
for plant species of which already GM varieties exist on the European market. 

Wallonia:  There  is  the  possibility  to  designate  GMO-free  zones  for  a  given 
species on voluntary base of the farmers concerned. The procedure still has to be 
defined. 

No such regions or zones foreseen 

 No such regions or zones foreseen 

No such regions or zones foreseen 

No such regions or zones foreseen 

No such regions or zones foreseen 

There is the possibility to grow within certain zones exclusively GM or non-GM 
crops on a voluntary base by the all farmers concerned. There have already been 
agreements  between  GM  crop  growers  and  organic  farmers  to  segregate  both 
types of crop using either spatial or temporal segregation. 

Without formal restrictions, any grower can always enter into an agreement with 
another grower of not using any of the statutory (but not compulsory) production 
methods. However, such agreements do not bind any grower who has not signed 
the agreement. There is not yet any cultivation of GM varieties in Finland, and 
thus no practical experience of the use of such agreements. 

The  natural  parks  can  exclude  the  cultivation  of  GMOs,  with  the  unanimous 
agreement  of  the  concerned  farmers,  and  if  this  possibility  is  included  in  their 
charter. There is not any experience yet. 

Zones  for  the  cultivation  of  GM  or  non-GM  crops  have  not  been  set  up  in  the 
legislation  yet.  However,  several  farmers  can  jointly  apply  for  the  cultivation 
consent  if  they  possess  neighbouring  fields.  In  that  case  the  gene  technological 
authority handles those fields as one entity and issues only one decision on the 
cultivation. Farmers can decide to designate areas for the cultivation of non-GM 
crops on the basis of voluntary civil law agreements.  

No such regions or zones foreseen  

(Draft  measures)  Areas  for  an  exclusion  of  the  cultivation  of  GM  crops  can  be 
identified by regional legislation on the basis of the following criteria: the agro-
environmental  condition  of  the  regional  territory,  specific  measures  for  the 
protection of the environment, biodiversity, socio-economic aspects, and on the 
basis  of  technical  criteria,  if  GMO  admixture  could  not  be  prevented  to 

BE 

CY 

CZ 

DE 

DK 

EE 

ES 

FI 

FR 

HU 

IR 

IT 

EN 

48 

   EN 

 
 
conventional, organic and integrated production on the basis of measures defined 
at  farm  level.  Some  restrictions  can  also  be  introduced  in  areas,  where  there  is 
agricultural production under quality schemes, or permanent rearing of bees, or 
the production of seeds and other reproductive material. The guidelines foresee a 
system of legal recognition of the voluntary agreements with the ratification by 
the  Municipal  Authorities,  when  these  agreements  are  directed  to  exclude  the 
cultivation of GM crops and where it is possible to reach a quorum of 50 % + 1 
of the farmers. 

LT 

(Draft  measures)  According  to  the  draft  of  the  Law  on  Protected  Areas  all 
protected areas in Lithuania should be without GMOs. 

Cultivation of GM crops may be prohibited in particular territories, in which, in 
accordance  with  scientific  evidence,  the  cultivation  of  GM  crops  may  cause 
substantial  losses  to  the  economy  and  hinder  its  development,  cause  harm  to 
human and animal health or to the environment. The European Commission shall 
be  informed  regarding  such  prohibition.  Local  governments,  associations  and 
foundations  may  submit  to  the  Ministry  of  Agriculture  recommendations  for 
declaration of a particular territory as free from the cultivation of GM crops if, in 
accordance  with  scientific  evidence,  the  cultivation  of  GM  crops  may  cause 
substantial  losses  to  the  economy  or  hinder  its  development,  cause  harm  to 
human and animal health or to the environment. Local governments, associations 
and foundations may submit to the Ministry of Agriculture recommendations for 
declaration of a particular territory as free from the cultivation of GM crops if, in 
accordance with scientific substantiation, the cultivation of GM crops may cause 
substantial  losses  to  the  economy  or  hinder  its  development,  cause  harm  to 
human  and  animal  health  or  to  the  environment.  Natural  protected  zones  have 
been  defined  as  potential  future  GMO-free  zones,  if  there  is  evidence  that 
growing  of  GM  crops  could,  despite  of  coexistence  measures,  have  a  negative 
impact on the biodiversity of the natural protected zones. 

No such regions or zones foreseen  

No such regions or zones foreseen  

LV 

NL 

PL 

GMO-free  zones:  In  accordance  with  the  national  legislation,  the  initiative  to 
request the establishment of a GMO-free zone can result from the direct initiative 
of  the  interested  farmers  or  of  the  townships,  which  can,  by  means  of  their 
Municipality Assembly, deliberate on the request for a GMO-free zone from the 
cultivation  of  a  certain  plant  species.  This  possibility  granted 
the 
municipalities  does  not  exempt  them  from  having  to,  first,  consult  with  their 
respective farmers associations and obtaining their favorable opinion, as it is the 
right of the individual farmer or owner of agricultural endeavor of not having his 
or her agricultural production included in a GMO-free zone. As a result of this 
legal  possibility  and  as  the  legal  requisites  have  been  met,  the  Municipality  of 
Lagos was officially recognized as a GMO-free zone from the cultivation of GM 
varieties of maize. 

to 

PT 

GMO production zones: During 2007, 11 GMO production zones were registered 
with  the  Ministry  of  Agriculture,  spread  throughout  the  regions  North,  Center, 
Lisbon & Tejo Valley, and Alentejo, which, altogether, represent 43,5 % of the 

EN 

49 

   EN 

 
area  planted  with  GM  maize.  In  2008,  important  increases  in  the  number  of 
GMO production zones have been noted, in particular in the centre and north of 
the country were the land parcels are very small.  

RO 

No such regions or zones foreseen 

(Draft measures) The Act allows heads of agricultural holdings to establish, on a 
voluntary basis (i.e. by written agreement), an area in which GM crops will not 
be  cultivated.  The  valid  period  for  such  an  agreement  may  not  exceed  5  years. 
The  Ministry  will  take  a  written  agreement  signed  in  accordance  with  the  Act 
into  account  when  making  a  decision  on  whether  to  grant  an  authorisation  to 
cultivate  GM  crops.  In  these  regions  the  cultivation  of  GM  crops  is  then  not 
possible. The establishment of GM crop production zones is also provided in the 
Act.  Municipal  councils  are 
taking  decisions  setting  up  GMO-free 
Municipalities.  In  these  decisions  the  cultivation  of  GMO  crops  is  prohibited 
only on the land, which is the property of the Municipal. 

No such regions or zones foreseen 

Farmers in an area have the possibility to come to an agreement on the method of 
cultivation. That would then be on a voluntary basis and is not a regulative issue. 

SI 

SK 

SV 

1.4.3. Provisions  concerning  the  possibility  that  coexistence  may  not  be  possible  in 

certain regions due to difficult farming conditions  

Flanders:  No  specific  provisions  have  been  set  in  the  decree  (framework 
legislation). Species specific measures will be adopted for maize instantly and as 
new species with GM varieties will come on the European market. It will then be 
discussed whether for the concerned plant species, coexistence will be possible, 
taking account of the small and fragmented fields in Flanders. 

BE 

Wallonia: None 

In Cyprus the majority of parcels are small and fragmented and this is considered 
a major difficulty in GM crop cultivations. No specific provisions are in place for 
this. 

None 

None 

CY 

CZ 

DE 

DK 

None 

EE 

ES 

FI 

None 

None 

None 

EN 

50 

   EN 

 
 
FR 

HU 

IR 

IT 

LT 

LU 

LV 

NL 

PL 

PT 

None 

None 

None 

(Draft measures) The guidelines foresee the definition of areas for an exclusion 
of  GM  crop  cultivation  on  the  basis  of  the  environmental  and  socio-economic 
characteristics and on the basis of the voluntary agreements. 

None 

Yes 

None 

None 

Not yet decided 

None  

RO 

None 

SI 

SK 

SV 

BE 

CY 

CZ 

DE 

None 

None 

None 

1.4.4. Measures  concerning  the  cultivation  of  GM  crops  in  the  framework  of  the 

national or regional Rural Development Programmes 

Flanders and Wallonia: None 

None 

None 

None 

DK 

None 

EE 

ES 

FI 

FR 

None 

None 

None 

None 

EN 

51 

   EN 

 
 
HU 

None 

IR 

IT 

LT 

LU 

LV 

NL 

PL 

PT 

RO 

SI 

SK 

SV 

AT 

BE 

CY 

CZ 

DE 

DK 

EE 

None 

None 

None 

None 

None 

None 

None 

Farmers participating in the support scheme for integrated production under the 
national  Rural  Development  Programme  are  not  allowed  to  use  GM  crops. 
However, GM crops are not generally prohibited in integrated production.  

None 

The issue of the coexistence of GM crop has been addressed in the Action Plan 
for  the  Development  of  Organic  Farming  in  Slovenia  to  2015  and  in  the 
Resolution on the National Environmental Protection Programme 2005-2012. 

None 

None 

1.4.5. Legislative restrictions for the cultivation of GM crops  

Cultivation of MON810 is impossible due to a prohibition established at federal 
level. 

Flanders and Wallonia: None 

GM crops may not be grown in Natura 2000 and SPA areas. Also, no GM crop 
cultivation  can  take  place  when  the  GMO  has  relative  species  as  endemic  or 
native in Cyprus. 

None 

None 

None 

None 

EN 

52 

   EN 

 
 
ES 

FI 

FR 

HU 

IR 

IT 

LT 

LU 

LV 

NL 

PL 

PT 

RO 

SI 

SK 

SV 

None 

None 

The cultivation of maize MON810 is forbidden on all the French territory, until a 
decision  is  taken  concerning  the  renewal  of  the  authorisation  of  the  maize 
MON810. 

Hungary applies a temporary prohibition on the cultivation of MON810 varieties 
since  2005  based  on  the  safeguard  clause  of  Directive  2001/18/EC  on  the 
deliberate release of GMOs. 

None 

(Draft  measures)  The  cultivation  of  GM  crops  is  subject  to  a  Ministerial 
Authorisation.  Some  Regions  have  prohibited  the  cultivation  of  GM  crops  on 
their territory for different periods, which will be removed after the approval of 
regional provisions of coexistence, on the basis of the inter-regional guidelines. 
The guidelines foresee the prohibition of cultivation of the GM rapeseed on the 
whole national territory. 

None 

None 

The  cultivation  of  GM  crops  in  the  protected  nature  territories  of  European 
significance  (Natura  2000  places)  is  permitted  only  if  specially  protected 
biotopes,  species  and  existence  of  specially  protected  habitats  of  species  of 
limited use are not threatened. 

None 

None 

None 

It  is  forbidden  to  plant  GM  crops  on  compact  plots  smaller  than  2  hectares, 
except for those set up for scientific purposes.  

None 

None 

None 

1.4.6. Agreement of third parties to the cultivation of GM crops  

AT 

In  most  regions  (Länder),  no  agreement  by  third  parties  is  required.  In  one 
region,  neighbours  and  GM  crop  growers  are  parties  to  the  consulted  by  the 

EN 

53 

   EN 

 
 
competent authority in order to grant an authorisation for the cultivation of GM 
crops.  

Flanders:  Within  the  isolation  distance,  neighbouring  farmers  (no  hobbyists  or 
other citizens) can register objections (appeals) to the cultivation of the GM crop, 
based  on  their  own  reasoned  economic  interest.  Owners  do  not  have  any 
involvement in the agreement; they will only be formally informed. Other third 
parties are not involved. 

Wallonia: None, except if the isolation distance is totally or partially occupied by 
the  neighbouring  farmer.  In  this  case  this  neighbouring  framer  can  prevent  the 
establishment of a GM crop, if he intends to grow within the isolation distance a 
crop compatible with the GM crop and that he intends to harvest as conventional 
or organic. 

 None 

 None 

 None 

BE 

CY 

CZ 

DE 

DK 

 None 

EE 

ES 

FI 

FR 

None 

None 

None 

None 

HU 

Yes, if the isolation distance extends over the neighbouring field(s). 

IR 

IT 

LT 

LU 

LV 

NL 

PL 

PT 

(Draft  measures)  Only  where  part  of  the  isolation  distance  is  within  the 
ownership of the third party. 

(Draft  measures)  An  agreement  is  required  among  third  parties  in  areas,  where 
the cultivation of GM crops is otherwise excluded.  

A consent of the land owner is required  

A consent of the land owner is required  

Yes,  cultivation  is  dependent  on  the  agreement  of  third  parties  (land  owners, 
neighbours). 

None 

Not yet decided 

None 

EN 

54 

   EN 

 
RO 

None 

SI 

SK 

SV 

Yes,  if  the  producer  can  not  assure  all  necessary  measures  for  coexistence  by 
himself. 

An  agreement  of  neighbour  field  owner  or  user  is  not  necessary.  The  isolation 
distance shall be observed by GM crop growers, not by their neighbours. 

None 

1.5. Administrative provisions 

1.5.1. Enforcement and monitoring of the provisions by public authorities 

In lack of experience details regarding the enforcement and monitoring cannot be 
provided.  The  regions  (Länder)  have  to  take  the  initiative  in  the  case  of 
applications. They have their own regional authorities (according to the national 
Constitution) being in charge for such matters. 

AT 

Flanders: Supervision is provided by officials from the public authority. Within 
the framework of their duties they may, in particular: (1) question people about 
facts  that  are  relevant  for  carrying  out  supervision;  (2)  access  all  books  and 
documents that are required for completing their task; (3) take samples of crops 
with a view to analysing them; (4) take samples or have samples taken other than 
those  referred  to  in  point  3  with  a  view  to  dissecting  them;  (5)  freely  walk  the 
land; (6) take the necessary preservation measures. The officials are authorised, 
in  the  event  of  an  infringement,  to  draw  up  an  assessment  report.  They  shall 
submit  this  report  immediately  to  the  competent  authority.  As  far  as  is  known, 
the  suspected  offender  shall  be  notified  with  a  copy  of  the  assessment  report. 
They  may  give  verbal  or  written  suggestions,  warnings  and  orders  and  take 
samples and have them dissected by an approved laboratory. 

Not yet relevant due to lack of GM crop cultivation 

The Ministry of Agriculture (with a support of regional agricultural agencies and 
the  State  Phytosanitary  Authority)  checks  on  all  notified  fields  with  Bt  maize 
whether farmers observe the isolation distances (and/or buffer zones). On chosen 
fields samples are taken and than analyzed in a competent laboratory. 

 Compliance with coexistence measures is monitored by the relevant authorities 
of the German regions (Länder). The results are discussed at regular meetings of 
the German competent authorities. 

During  the  first  years  of  GM  crop  cultivation  it  is  the  intention  to  control  all 
farms cultivating GM crops for their observance of the coexistence rules. In time 
with an increasing number of farms cultivating GM crops this 100 % control will 
be replaced with spot checks. The control will be performed by authorised field 
inspectors from the Danish Plant Directorate. 

BE 

CY 

CZ 

DE 

DK 

EN 

55 

   EN 

 
 
EE 

The Plant Production Inspectorate takes samples. 

(Draft  measures)  Operators  growing  GM  crops,  following  a  request,  have  to 
collaborate  with  the  competent  authorities  in  taking  samples  and  gathering  the 
information  needed  to  comply  with  the  monitoring  plans  of  those  varieties. 
Regional  competent  authorities  will  inspect  a  percentage  of  GM  crop  fields  in 
order  to  check  whether  co-existence  rules  have  bee  applied  during  the 
cultivation, harvest, transport and storage. The Ministry of the Environment and 
Rural and Marine Affairs will elaborate an annual report on the monitoring and 
evaluation  work  carried  out  by  the  regional  governments.  This  report  will 
include,  amongst  others,  problems  that  may  have  been  experienced  by 
neighbouring  farmers,  as  well  as  data  concerning  the  adventitious  presence  of 
GMOs in non-GM fields and observations on the compliance with the legislation. 
The first report will devote special attention to the potential economic effects of 
co-existence,  analysing  available  compensation  schemes.  The  National 
Commission  on  Bio-vigilance  must  be  notified  by  the  regions  about  relevant 
information on coexistence.    

The general guidance and control of the enforcement of the draft law belongs to 
the  Ministry  of  Agriculture  and  Forestry.  The  Finnish  Food  Safety  Authority 
Evira  is  responsible  for  the  enforcement  of  the  draft  law  and  for  the  control  of 
complying the measures imposed in it on GM agriculture. Evira can also utilize 
certain  regional  authorities  to  help  it  with  its  control  activities.  It  also  makes 
decisions on the applications for compensation. 

There is not yet any experience concerning the application of the new law. 

Authorization  process:  the  competent  authority  (cultivation  authority)  for  the 
authorisation  procedure  is  the  Ministry  of  Agriculture  and  Rural  Development. 
The Ministry of Environment and Water issues an expert opinion regarding the 
size  of  the  isolation  distance  and  special  cultivation  instructions  in  case  of 
proximity of areas under environmental protection, environmental sensitive areas 
or Natura 2000 areas, if necessary. 

Central  database  on  GM  crop  fields:  operation  of  the  national  database  is  the 
duty of the cultivation authority. 

Regular  controls:  respecting  the  provisions  contained  in  the  cultivation  consent 
and in legal regulations shall be supervised by the regional organs of the Central 
Agricultural Office. 

There are specific provisions dealing with the costs associated with sampling and 
testing of GMO presence in other products in ministerial decrees. The offender 
should  pay  the  costs  of  the  official  control  in  the  case  of  justified  fault. 
Authorities  carry  out  sampling  without  recompense.  In  procedures  upon 
the  applicant.  Charges  of  state 
application,  charges  must  be  paid  by 
administrative procedures and administrative services with variable costs have to 
be  determined  in  a  lump  sum.  The  table  of  charges  (and  also  the  rules  of 
collecting,  managing,  recording  and  refunding  charges)  must  be  specified  in  a 
decree  of  the  competent  minister,  issued  with  the  agreement  of  the  Minister  of 
Finance. The extent of charges to be paid must cover all costs connected with the 

56 

   EN 

ES 

FI 

FR 

HU 

EN 

 
procedure or service. 

IR 

(Draft  measures)  All  monitoring  and  enforcement  will  be  carried  out  by  the 
DAFF 

(Draft  measures):  The  GM  crop  grower  must  submit  all  necessary  data  to  the 
regional  inspection  post  of  the  State  Plant  Protection  Service  20  days  prior  to 
sowing  of  GM  crops.  During  30  days  period  after  sowing  of  GM  crops,  the 
inspector carries out an inspection in the field. In the case of non-conformity, the 
farmer is obliged to take all necessary measures to eliminate the crop.  

There  is  an  administrative  control  of  the  notification  of  the  GM  crop  grower, 
followed by a field control in order to check if the segregation requirements have 
been fulfilled. 

State  supervision  and  control  of  the  compliance  with  these  Regulations  in 
conformity  with  their  competence  shall  be  ensured  by:  (1)  the  State  Plant 
Protection  Service,  which  performs  the  control  of  GM  crops  during  the 
cultivation  of  GM  crops,  shall  supervise  and  control  the  seed  circulation  of  the 
varieties of GM crops; (2) the Food and Veterinary Service, which performs the 
control of storage, preparation, packaging and transporting of GM ready products 
(except  for seeds); and (3) the State  Environmental Service, which  controls  the 
observance of isolation distance from the areas of cultivation of GM crops to the 
protected territories of European significance (Natura 2000 areas). 

Enforcement  and  monitoring  is  in  the  duties  of  public  authorities  (Ministry  of 
Environment,  Ministry  of  Agriculture  and  control  bodies).  The  proper 
application  of  legal  provisions  is  controlled  by  occasional  inspections.  In 
particular,  controls  are  performed  on  seed  material.  There  will  be  controls  on 
places of GM crop cultivation and in GMO-free regions.  

It is the duty of the regional agricultural services inspectors to perform activities 
of control and inspection of the cultivation of GM varieties. These activities are 
coordinated  and  supported  technically  by  DGADR.  Inspection  activities  are 
aimed to evaluate the compliance with the Country’s administrative and technical 
regulations  pertaining  to  the  cultivation  of  GM  varieties.  The  control  and 
inspection activities concur with all aspects  of the law, both  administrative  and 
technical,  and  follow  a  harmonized  programme  applied  by  all  Inspectors. 
Generally, each farmer selected to be inspected receives at least two visits of the 
Inspector, one of them during the development of the culture, and the other in the 
final phase and/or after the harvest. During such visits the following aspects are 
checked,  namely:  (a)  confirmation  of  registered  areas  and  varieties;  (b) 
verification of labels on the seed packaging and respective invoices; (c) proof of 
participation of the farmer or the agricultural association’s representative in the 
training; (d) identification of the ‘neighbours’ and verification of the respective 
information;  (e)  verification,  in  the  field,  of  the  application  of  technical 
regulations  for 
the  minimization  of  accidental  presence  by  pollen;  (f) 
verification,  in  the  field,  of  sowing  the  refuge  zones;  (g)  evaluation  of 
compliance  with  the  technical  regulations  for  the  minimization  of  accidental 
presence  by  mechanical  mixtures;  and  (h)  evaluation  of  compliance  with  the 

57 

   EN 

LT 

LU 

LV 

PL 

PT 

EN 

 
labelling and traceability regulations. 

The Ministry of Agriculture has its own control plan which includes controls on 
all GM crop growers. There is also a Protocol signed in 2006 by the authorities 
involved  in  the  GM  production  chain  (National  Sanitary  Veterinary  and  Food 
Safety  Authority,  Ministry  of  Agriculture  and  Rural  Development,  National 
Environmental  Guard  National,  Consumer  Protection  Authority),  which  defines 
the responsibilities of each authority relative to the effective enforcement of the 
domestic biotech legislation (as derived from the acquis). 

(Draft measures) The register of GM crop producers is managed by the Ministry 
of Agriculture, Food and Forestry. The Inspectorate for Agriculture, Forestry and 
Food of the Republic of Slovenia is responsible for supervising. 

UKSUP keeps a register of GM crop growers and GM crop production areas and 
controls compliance with the coexistence law. Controls are done on the farms at 
the  time  of  sowing,  concerning  the  observation  of  isolation  distances,  the 
handling of GM seed and production. One years of cultivation, responsible staff 
inspects GM crop fields takes samples from neighbouring fields. 

The SBA is the responsible authority for control of complience of the legislation. 
There will be both administrative and in-field controls.  

1.5.2. Penalty rates for non-compliance of the coexistence rules 

In most regions (Länder), penalties apply for the cultivation of GM crops without 
approval by the competent authority, for non-compliance with conditions for the 
cultivation consent, for the hindrance of public authorities in measures related to 
controls  and  the  prevention  of  damage  resulting  from  GM  crop  illegal 
cultivation. Upper limits of penalties range from € 2.000 to € 4.000 (and in cases 
of  recurrence  €  8.000)  to  €  15.000  to  €  30.000,  depending  on  the  type  of  non-
compliance, and the region concerned.  

Flanders: Dependent on the infraction (both administrative and/or related to the 
cultivation  itself)  administrative  fines  are  foreseen  between  €  200  and  €  1000, 
possibly augmented with costs for expertise, etc. There are no other penalties. 

RO 

SI 

SK 

SV 

AT 

BE 

Wallonia:  Penalties  and/or  imprisonment  are  applicable  according  to  different 
categories of infractions to the decree. 

When  a  deliberate  release  into  the  environment  of  GMOs  occurs  and  causes 
damage into the environment, public health, or private property the operator can 
be charged with an offence. The penalty could be up to 5 years in prison and / or 
€ 300.000. The court can also order the submission of all expenses for damage 
restoration. 

The Ministry of Agriculture can impose a penalty up to the amount of 500.000 
CZK  (ca  €  21.000)  on  a  GM  crop  grower  who  shall  not  meet  obligations  laid 
down in coexistence rules. 

CY 

CZ 

EN 

58 

   EN 

 
 
If the GM crop grower does not comply with the provisions of the order on good 
farming practice in the cultivation of GM plants the most relevant consequences 
will  be  in  the  field  of  liability.  Furthermore,  those  farmers  may  be  punished 
according to the German administrative law. 

Infringements of the coexistence rules will be punished with fines. In the absence 
of experience with cultivation of GM crops the possible size of fines still has to 
be determined. An approval for cultivation of GM crops may also be withdrawn 
judicially,  if  a  farmer  has  dispersed  GM  material  or  has  given  rise  to  the  risk 
thereof as a result of gross or repeated violation of the provisions of the act or the 
executive order. 

Following a first warning, penalties may be imposed in cases of non-compliance. 
Finally, an operator may be deleted from the register of GM crop handlers. 

(Draft measures) If the GM crop grower does not comply with the draft law or 
decrees based on it, the control authority may order him to fulfil the obligations 
within  a  prescribed  time.  For  preventing  GMO  admixture  the  Finnish  Food 
Safety Authority Evira may also deny GM plant production in a certain area for a 
certain  time  period,  if  plant  production  in  the  said  area  does  not  fulfil  the 
requirements stated in the draft law or the person responsible for cultivation has 
not  passed  the  required  examination.  For  similar  reasons,  Evira  may  also  deny 
handling,  storing  or  transporting  of  GM  plant  materials  in  a  certain  area.  The 
ground for the denial is that the grower does not act in accordance with the above 
order, and that severe economic losses may result. A conditional fine may also be 
prescribed  to  strengthen  the  order.  A  grower  who  on  purpose  or  due  to  gross 
negligence  infringes  certain  central  requirements  imposed  on  him  in  this  draft 
law  shall  be  imposed  a  fine  on  coexistence  delict,  unless  a  more  strict  penalty 
applies on the basis of other legislation.  

The sanctions for infringements of the coexistence rules are up to 2 years prison, 
and € 75.000. 

Penalties can range from 300.000 HUF to 1 million HUF. However, in repeated 
cases it ranges from 1 to 10 million HUF. 

Not yet specified 

(Draft  measures)  The  sanctions  foreseen  are  of  an  administrative  nature  and 
cover all obligations on the GM crop grower. The sanctions go from a minimum 
of  €  500  to  a  maximum  of  €  60.000.  In  the  case  of  repetition  it  is  foreseen  to 
withdraw the licence for growing GM crops. 

The  Code  on  Administrative  Right’s  Violation  is  applied  to  all  persons  who 
evade  the  requirements  set  out  in  EU  and  national  law,  and  who  are  connected 
with  import,  transit  and  export  of  GMOs,  the  deliberate  release  into  the 
environment, and the placing on the market. The value of penalties depends on 
the gravity and times of infringement: for first infringement cases: from 1.000 to 
2.000 Litas, and in repeated cases: from 2.000 Litas to 5.000 Litas. 

DE 

DK 

EE 

FI 

FR 

HU 

IR 

IT 

LT 

EN 

59 

   EN 

 
LU 

LV 

NL 

PL 

PT 

RO 

SI 

Penalties can go up from 8 days to six months of prison and/or from € 251 up to 
€ 750.000. 

For infringement of the requirements for coexistence of GM crops, penalty rates 
are: for individual persons from LVL 50 to LVL 500 and for legal persons from 
LVL 500 to LVL 3000. 

Infringements result in disciplinary action. On the basis of court trial reports of 
the supervisors appointed by the committee, the chairman will bring cases before 
the  disciplinary  tribunal.  The  judicial  process  of  the  disciplinary  enforcement 
procedure  is  provided  for  in  the  Act  on  disciplinary  jurisdiction  within  the 
industrial  organisation  2004  which  entered  into  effect  on  1  April  2004.  The 
disciplinary  measures  that  can  be  taken  in  the  event  of  an  infringement  of  the 
regulation  include:  (a)  reprimands;  (b)  financial  penalties  up  to  €  4.500 
maximum; (c) publication of the ruling at the expense of the party involved; (d) 
putting  stricter  monitoring  in  place  on  the  farm  of  the  party  involved  at  the 
latter’s expense for two years maximum. If the value of the goods involved in the 
infringement,  or  the  value  of  the  unauthorised  benefit  that  has  been  derived, 
either  wholly  or  in  part,  from  the  infringement  exceeds  €  1.135,  a  financial 
penalty can be imposed in the sum of maximum € 11.250. 

Not yet decided 

Non-compliance  with 
the  coexistence  provisions  constitutes  an  offence 
punishable by a fine whose minimum and maximum amounts will be € 250 and € 
3.700, respectively, or € 2.500 and € 44.800 respectively, depending on whether 
the  offender  is  an  individual  or  legal  entity.  Depending  on  the  gravity  of  the 
offence and level of blame of the offender, the following accessory penalties may 
be applied together with the fines: (a) loss of objects belonging to the offender; 
(b)  ban  on  practising  professions  or  activities  which  depend  on  authorisation 
from the public authorities; (c) loss of the right to subsidies or benefits granted 
by public services or bodies; (c) closure of the establishment whose operation is 
subject  to  authorisation  by  the  administrative  authorities;  (d)  suspension  of 
authorisations licences and permits. 

The  legislation  does  not  provide  for  penalties  for  non-compliance  with  the 
coexistence rules in force. 

(Draft measures) Legal persons shall be fined between € 1.000 and € 125.000 for 
an  offence  if  they  (a)  cultivate  GM  crops  without  a  decision  authorising  the 
cultivation  of  GM  crops;  (b)  fail  to  report  the  data  change,  manage  in  the  GM 
crop  register  in  requisite  deadline;  (c)  the  production  of  GM  crop  is  not  in  the 
accordance with the application, on the basis of which the person was registered 
in the Register of GM crop producers; (d) fail to take measures mentioned in the 
application  for  growing  GM  crop,  on  the  basis  of  which  the  legal  person  was 
registered  in  the  Register  of  GM  crop  producers;  (e)  the  undertakings  of  GM 
crop  producers  from  the  Article  9  paragraph,  2,3,4,5,6,  of  the  Act  are  not 
fulfilled; (f) GM crop and non-GM crops, subject to an agreement on the area for 
cultivation  of  GM  crops  with  the  annual  plan  are  not produced;  (g)  fail  to  take 
measures on the area for growing GM crops (h) the undertakings specified in the 

EN 

60 

   EN 

 
written  agreement  on  the  cultivation  of  GM  crops  in  a  specific  area  are  not 
fulfilled by the signatory of the agreement; (i) the data about persons who pass 
the  examination  or  resuming  training  and  about  the  delivery  of  a  certificate  or 
extension  of  a  certificate  of  professional  competence  respectively  are  not 
communicated to the Ministry. 

SK 

SV 

Penalties  for  non-compliance  with  the  coexistence  law  range  from  10.000  to 
1.000.000 SKK. 

Any  infringement  would  be  dealt  with  within  the  justice  system.  There  are  no 
pre-decided penalty rates.  

2.  Monitoring programmes of the co-existence legislation 

2.1.  Monitoring programmes established following the adoption of the legislation, and 

their outcome 

As  there  has  been  no  cultivation  of  GM  crops  the  monitoring  programme  is 
reduced to the production and marketing of certified seed in Austria. It includes 
post control tests  and random tests in order to prevent adventitious presence of 
GMOs in conventional seed and organic seed. 

Not yet applicable 

Not yet applicable  

A monitoring programme applies for the cultivation of Bt maize. Since 2006, the 
Ministry of Agriculture (with a support of regional agricultural agencies and the 
State Phytosanitary  Authority)  has checked on all of the notified fields with Bt 
maize whether farmers observe the mandatory isolation distances (and/or buffer 
zones). On chosen fields samples were taken and than analyzed in a competent 
laboratory.  The  outcome  of  the  controls:  Most  farmers  grow  Bt  maize  on 
locations  where  no  conventional  or  organic  maize  is  cultivated.  In  other  cases, 
farmers use buffer zones to minimise gene-flow.  

The  cultivation  programmes  are  monitored  by  the  German  Länder.  The  results 
are  discussed  at  regular  meetings  of  the  German  competent  authorities.  No 
further recurrent evaluation is foreseen. 

In  the  agreement  with  the  political  parties  who  adopted  the  law  it  was  decided 
that  the  co-existence  model  should  be  evaluated  two  years  after  coming  into 
force  of  the  law  (2005).  The  evaluation  took  place  in  2007.  Both  the  original 
scientific  working  group  and  the  original  group  of  stake  holders  participated  in 
the work. This process resulted in an update of the co-existence report of 2003 
with the title: “Supplementary Report from the Danish working Group on the Co-
existence of Genetically Modified Crops with Conventional and Organic Crops” 
from  August  2007.  Since  there  has  not  yet  been  any  commercial  cultivation  of 

AT 

BE 

CY 

CZ 

DE 

DK 

EN 

61 

   EN 

 
 
 
GM crops in Denmark (In 2005 GM maize was cultivated on 1.1 ha as a part of a 
research  project)  the  evaluation  was  mostly  based  on  scientific  data  and 
experience  with  GM  cultivation  in  other  EU-countries.  The  outcome  of  the 
evaluation was a reduction of the cultivation distances for the crops included in 
the legislation (maize, beet and potatoes) and, consequently, also a reduction of 
the compensation distances.  

There  is  a  monitoring  plan  covering  the  cultivation  of  GM  maize  varieties 
containing  MON810.  This  plan  was  approved  by  the  former  Ministry  of 
Agriculture  after  a  report  by  the  National  Biosafety  Committee.  This  plan 
includes the following aspects: The minimum duration of the plan is 5 years. The 
plan  should  provide  the  Ministry  of  Environment  and  Rural  and  Maritime 
Affairs, the National Biosafety Committee and the Autonomous Regions with all 
information  concerning  the  distribution  and  sale  of  GM  maize  seeds.  This 
information  has  to  be  provided  at  the  end  of  each  agricultural  season.  The 
monitoring plan also covers environmental effects linked to Bt maize cultivation 
(insufficient  efficiency  of  the  insecticidal  effect;  monitoring  of  resistance  of 
populations of corn borers to the Bt protein; effects on non-target populations).  

 Not  yet  applicable,  however,  a  biosafety  monitoring  has  been  established 
covering oilseed rape.  

 Not yet applicable 

Considering the recent adoption of the law, no monitoring programme has been 
established yet. However, farmers who produced GM crops in 2007 undertook to 
apply co-existence measures on a voluntary basis (50 m or 24 rows of non GM 
maize).  A  monitoring  has  been  carried  out  by  the  Ministry  of  Agriculture  to 
assess the application of these measures and their efficiency. The study included 
148 fields in Midi-Pyrénées and 83 fields in Aquitaine. Samples were taken from 
15  fields  in  Midi-Pyrénées  and  4  fields  in  Aquitaine,  and  were  analysed.  The 
GMO content was below 0.9 % in most of the samples analysed. Two samples 
were  above  0.9  %.  One  of  them  corresponded  to  a  field  where  the  isolation 
measures  recommended  were  not  applied.  The  monitoring  protocol  has  to  be 
improved  to  take  into  account  more  parameters  such  as  the  cleaning  of  the 
seeder. The results are available on: 

 http://www.ogm.gouv.fr/savoir_plus/fiches/pdf/BILAN20072.pdf 

 Not yet applicable  

 Not yet applicable 

The  guidelines  foresee  an  ex-post  monitoring  of  at  least  three  years,  which 
considers  the  risk  of  possible  contamination  from  gene  flow,  as  well  as 
environmental aspects (impact of GM crop cultivation on the soil, possible water 
contamination, 
impact  on  animal  and  plant  biodiversity),  and  possible 
contamination of food and feed and of the overall agri-system. 

Not  yet  applicable.  Generally,  the  State  Plant  Protection  Service  is  responsible 
for the control of GM crops (other than seed crops). A draft Order on monitoring 

ES 

ET 

FI 

FR 

HU 

IR 

IT 

LT 

EN 

62 

   EN 

 
provisions is being prepared. 

LU 

Not yet applicable 

Not  yet  applicable.  Generally,  the  State  Plant  Protection  Service  controls  the 
cultivation of GM crops and the circulation of seeds of GM varieties. The Food 
and  Veterinary  Service  controls  the  storage,  preparation,  packaging  and 
transporting  of  GM  final  products.  The  State  Environmental  Service  controls 
compliance  with  isolation  distances  to  protected  territories  of  European 
significance  (Natura  2000  places).  The  State  Plant  Protection  Service  is 
responsible for the testing of seed lots. Until now GMO  admixture to non-GM 
seeds has not been observed. 

Not yet applicable 

Not yet applicable  

An annual monitoring programme is conducted by DGADR in collaboration with 
the regional agricultural services, including control and inspection activities. This 
programme allows a general evaluation of the level of compliance with the co-
existence  legislation  and  the  occurrence  of  eventual  problems,  either  with  the 
trading  of  products  or  with  third  parties  not  involved  in  the  production  of  GM 
crops. The plan includes questionnaires distributed to GM maize growers and the 
sampling  of  conventional  maize  fields  in  their  neighbourhood,  in  order  to 
evaluate, through laboratory analysis, the adventitious presence of MON810. An 
official monitoring report is published annually since 2005. Reports are available 
at:  www.dgadr.pt.  The  results  of  the  sampling  done  on  the  conventional  maize 
fields  neighbouring  the  GM  maize  fields  have  shown  in  2007  that  38  %  of  the 
samples  did  not  show  any  presence  of  MON810,  and,  overall,  the  presence  of 
this  event  was  quantified  to  be  below  0.9  %.  No  major  problems  have  been 
found,  neither  with  the  implementation  of  the  national  rules  or  with  the 
neighbours cultivating conventional maize.  

The  inspection  and  control  programmes  established  by  the  Directorate  of 
Technical  Inspection  and  Control  of  the  Ministry  of  Agriculture,  included  in 
2007  comprehensive  inspections  at  GM  maize  growers  in  order  to  check 
compliance with the legislation. The following aspects were verified: (a) the seed 
origin; (b) the distances between GM maize and conventional/organic maize;  (c) 
the phasing of the sowing time; (d) separate storage of production; (e) handling 
and delivery of the production. The outcome of these inspections proved that all 
GM maize growers were compliant with the legislation in force. Since 2008, the 
Inspection and Control Programmes also conducts analyses in order to establish 
the level of GMO admixture of conventional production.  

UKSUP, the Department of Seeds and Planting Materials controls GM seed use 
and  GM  crop  cultivation  as  regards  the  sowing,  harvest,  storage,  which  also 
includes  the  sampling  of  neighbouring  fields.  UKSUP,  the  Department  of 
Molecular  Biology NRL performs the  detection  and quantification of GMOs in 
field  samples  of  conventional  and/or  organic  production  adjacent  to  GM  crop 
fields.    

LV 

NL 

PL 

PT 

RO 

SK 

EN 

63 

   EN 

 
 Not  yet  applicable.  (Draft  measures)  The  monitoring  of  unintentional  presence 
of  authorised  GMOs  in  non-GM  crops  is  foreseen  based  on  results  of  random 
sampling and testing of plants and their products, with special attention to areas 
where production of GM crops was notified. 

Not yet applicable 

SL 

SV 

2.2. 

Indication regarding the appropriateness or inappropriateness of the co-existence 
rules in place 

AT 

BE 

CY 

CZ 

DE 

DK 

ES 

ET 

FI 

FR 

HU 

IR 

IT 

LT 

LU 

LV 

Not yet applicable 

Not yet applicable 

Not yet applicable  

To date, court cases due to GMO admixture have not been noted. There was one 
claim  by  an  affected  operator:  an  organic  maize  producer  decided  not  to  grow 
organic maize in a distance of 2 kilometres from a field of Bt maize.  

No negative experience or court cases so far, apart from one court case regarding 
bee keeping. The court criticised that special provisions for coexisting measures 
for bee keeping have not been included in the legislation. 

The  involved  group  of  stake  holders,  which  included  farmers  and  consumers 
organisations, agreed on the outcome of the evaluation. 

See point 4.2 

 Not yet applicable 

 Not yet applicable 

The analyses realised in 2007 showed that the measures recommended (50 m or 
24 rows of non GM maize) are appropriate regarding  the  labelling threshold of 
0.9 %.    

Not yet applicable 

Not yet applicable 

Not yet applicable 

Not yet applicable 

Not yet applicable 

Not yet applicable 

EN 

64 

   EN 

 
 
NL 

PL 

See  point  6.1.  Research  results  indicate  that  the  isolation  distances  chosen  are 
appropriate. 

Not yet applicable 

In 2007, 62 questionnaires were given to farmers who cultivated GM maize, and 
the  most  relevant  conclusions  from  the  answers  received  are:  (1)  76%  of  the 
participating farmers planted GM maize for the first time in 2007 and the main 
reason for their decision to sow this type of variety was the need to control the 
corn  borers  attacks.  (2)  90%  of  the  participating  farmers  mentioned  having 
problems controlling the corn borers attacks, stressing that there is a maximum of 
3  generations  of  this  plague  per  cultivation  cycle  and  an  average  of  1.7 
generations per cultivation cycle.  This situation had required the farmers to use 
pesticide  treatment,  averaging  1.6  treatments  per  cultivation  cycle  and  a 
maximum of 5 treatments per cultivation cycle. (3) In terms of training received, 
95%  of  the  farmers  said  it  was  sufficient;  98%  considered  the  information 
contained  in  the  seed  packaging  was  clarifying  in  regards  to  OGM,  while  73% 
considered  the  information  clarifying  in  regards  to  the  co-existence  regulation, 
and 69% were clarified in regards to the traceability and labeling rules. (4) Only 
8%  of  the  farmers  considered  that,  in  general,  the  national  regulation  on  co-
existence is difficult to follow, stressing the information to neighbors as one of 
the most difficult aspects to perform. (5) All of the participating farmers showed 
understanding  about  the  reason  for  the  implementation  of  the  refuge  zones.  (6) 
Most of the production obtained (61%) was intended to be placed on the market, 
while 25% of the production was used in the farm itself.  In 14% of the cases, the 
production  was  partially  sold  and  partially  used  in  the  farm.  Regarding  the 
agricultural  balance  derived  from  the  use  of  GM  varieties,  the  results  were  the 
following: (1) Ease of cultivation: 37% - Better; 50% - Same; 13% - Worse. (2) 
Pesticide  application:    7%  -  Same  or  more;  86%  -  Less.  (3)  Production:  69%  - 
Higher;  26%  -  Same;  5%  -  Lower,  with  reasons  not  directly  related  to  the 
varieties  (soil  drenching,  late  sowings).  (4)  Quality  of  product  obtained:  86%  - 
Better; 12% - Same; 0% - Worse. As regards the economic balance derived from 
the use of GM varieties, the most important aspects were, on the negative side, a 
higher cost of seed of these varieties and, on the positive side, a smaller number 
of  pesticide  treatments,  an  increase  in  production  and  a  higher  quality  of  the 
products  obtained.  75%  of  the  participating  farmers  indicated  to  continue  the 
cultivation of GM maize, 1.6% do not and 23.4% were not yet decided.  

No  court  cases  had  been  registered  due  to  GMO  admixture  to  non-GM 
production. One court case is still on going related to a non GM- activist group 
destruction action against a GM maize field. 

In 2007, no claims of economic operators, or court cases due to GMO admixture 
to non-GM production were registered. 

Not yet applicable 

Not yet applicable 

PT 

RO 

SL 

SV 

EN 

65 

   EN 

 
 
3.  List of national co-existence legislation in force  

Member 
State 

Title and reference of legislation 

Salzburger Gentechnik-Vorsorgegesetz, LGBl. Nr. 75, dated 10.9.2004  

Kärntner Gentechnik-Vorsorgegesetz, LGBl. Nr. 5, dated 28.1.2005 

Burgenländisches Gentechnik-Vorsorgegesetz, LGBl. Nr. 64, dated 29.07.2005  

Tyroler Gentechnik-Vorsorgegesetz, LGBl. Nr. 36, dated 9.3.2005  

Niederösterreichisches  Gentechnikvorsorgegesetz,  LGBl.  Nr.  81,  dated 
31.8.2005  

Wiener Gentechnik-Vorsorgegesetz, LGBl. Nr. 53, dated 21.9.2005 

Oberösterreichisches  Gentechnik-Vorsorgegesetz,  LGBl.  Nr.  79/2006,  dated 
6.7.2006 

Steiermärkisches  Gentechnik-Vorsorgegesetz,  LGBl.  Nr.  97/2006,  dated 
11.8.2006 

In Vorarlberg the Gesetz über Naturschutz und Landschaftsentwicklung, LGBl. 
Nr. 22/1997, deals with the cultivation of GMO. 

Décret  du  19  juin  2008  relatif  à  la  coexistence  des  cultures  génétiquement 
modifiées  avec  les  cultures  conventionnelles  et  les  cultures  biologiques. 
Moniteur belge du 08/08/2008.  

Act  No.  441/2005  Coll.  on  Agriculture  (amended  Act  No.  252/1997  Coll.  on 
Agriculture) 

AT 

BE 

CZ 

Decree on more detailed requirements for cultivation of GM variety  

Verordnung  über  die  gute  fachliche  Praxis  bei  der  Erzeugung  gentechnisch 
veränderter Pflanzen (Gentechnik-Pflanzenerzeugungsverordnung (Gentechnik-
Pflanzenerzeugungsverordnung vom 7. April 2008 (BGBl. I S. 655))  

DE 

Act on Growing etc. of GM Crops  

Executive Order on the Growing etc. of GM Crops.  

Executive  Order  on  Compensation  for  Losses  due  to  Certain  Occurrences  of 
GM Material.  

Executive Order on the Growing etc. of GM Crops References.  

DK 

Executive  Order  on  Compensation  for  Losses  due  to  Certain  Occurrences  of 

EN 

66 

   EN 

 
 
 
GM Material.  

FR 

Law 2008-595 published in the French Official Journal on 26.08.2008 

 Act  Nr.  CVII.  of  2006  on  the  amendment of  the  Act  Nr.  XXVII.  of  1998  on 
gene technological activity. Official Journal of Hungary Nr. 2006/150 (XII. 7.) 

Regulation of the Ministry of Agriculture and Rural Development Nr. 86/2006. 
(XII.  23.)  on  the  coexistence  of  GM,  conventional  and  ecological  crops. 
Official Journal of Hungary Nr. 2006/161(XII. 23.) 

HU 

Law No 5, of 28/01/2005, conversion in law with modifications of the law by 
decree No 279 of 22 November 2004, providing urgent indications to ensure the 
coexistence  among  the  transgenic  and  conventional  or  organic  agriculture, 
published in the Official Journal No 22 of 28/1/2005. 

The  legislative  competence  in  the  matter  of  coexistence  rules  is  regional,  as 
established  by  the  Constitutional  Court  with  judgement  No  116  delivered  on 
17th March 2006, which on the basis of this opinion has repelled most of the 
law No 5/2005. 

IT 

Order of Minister of Agriculture No 3D-1 Concerning Approval of the Rules on 
GM  Plants  Intended  to  Be  Grown  in  Lithuania  Declaring  and  Information 
Providing. Official Journal „Valstybės žinios“ No 5-236 (2007). 

Order of Minister of Agriculture and Minister of Environment No 3D-504/D1-
608  Concerning  Approval  of  the  Rules  on  Coexistence  of  GM  Crops  with 
Conventional and Organic Crops. Official Journal „Valstybės žinios“ No 121-
4978 (2007). 

Order  of  the  Head  of  State  Seed  and  Grain  Service  under  the  Ministry  of 
Agriculture  No  1A-235  Concerning  the  Rules  on  the  Inspection  of  the  GM 
agricultural  plants  seed  crops,  nurseries  of  propagating  materials  of 
horticultural  and  ornamental  plants.  Annex  of  the  Official  Journal  „Valstybės 
žinios“ No 3-48 (2005). 

Loi du 18 mars 2008 sur la commercialisation des semences et plants ainsi que 
sur  la  coexistence  des  cultures  génétiquement  modifiées,  conventionnelles  et 
biologiques.  Journal Officiel du Grand-Duché de Luxembourg, 27 mars 2008, 
p. 446. 

Règlement grand-ducal du 22 juillet 2008 fixant les distances d’isolement et les 
conditions  techniques  à  respecter  lors  de  la  mise  en  culture  de  semences  et 
plants  génétiquement  modifies.  Journal  Officiel  du  Grand-Duché  de 
Luxembourg, 20 août 2008, p.1824 

Regulation  No.  30,  Adopted  15  January  2008,  Regulation  regarding  the 
Requirements  for  Coexistence  of  GM  Crops,  as  well  as  the  Procedures  for 
Supervision and Control. Ziņotājs No.4, 28.02.2008. 

HPA  Regulation  on  the  coexistence  of  crops  of  the  Commodity  Board  for 

LT 

LU 

LV 

NL 

EN 

67 

   EN 

 
Arable Farming. JBA. No 322. 

Decree-law 160/2006, of 21 September, on national measures on coexistence of 
GM crops with conventional and organic farming published in official journal. 

Order n. º 904/2006, of 3 December, for the establishment of free zones of GM 
crop cultivation 

Order n.º1611/2007, of 20 December 

Decree-Law 387/2007, of 28 November, which creates a compensation fund to 
cover any economic damage, caused by adventitious presence of GMO on non 
GM crops if the labelling threshold (0.9 %) is exceeded. 

PT 

Order  no.  237  of  7  April  2006  on  authorising  economic  agents  to  grow  GM 
crops,  issued  by  the  Minister  of  Agriculture  and  Rural  Development.  Official 
Journal of Romania, Part I, no. 337 from 14 April 2006 

RO 

Order no 471 from 14 July 2006. Official Journal of Romania, Part I, no. 663 
from 2 August 2006. 

Act No. 184/2006 of 16. Marc 2006 on the cultivation of genetically modified 
crops  in  agricultural  production.  Zbierka  zákonov  (National  Journal),  68,  xx. 
7.2007 p.1118 -1121 

Decree  No.  69/2007  of  14  August  2006,  Slovak  Republic  Ministry  of 
Agriculture  implementing  Act  No.  184/2006  Coll.  on  the  cultivation  of 
genetically  modified  crops  in  agricultural  production,  witch  was  notified 
according to article 1 Directive 98/34/EC of the European Parliament and of the 
Council  of  22  June  1998  laying  down  a  procedure  for  the  provision  of 
information in the field of technical standards and regulations. Zbierka zákonov 
(National Journal), 43, xx. 7.2007 p. 494 -495 

Ordinance  on  precautionary  measures  for  the  cultivation  and  transport  etc.,  of 
GM crops (SFS 2007:273). Issued on 10th of May 2007 

Administrative provision of the Swedish Board of Agriculture on precautionary 
measures for  the  cultivation  of  GM crops (SJVFS 2008:34) Issued on 26th of 
June 2008.  

SK 

SV 

4.  Commercial experience with GM maize cultivation 

4.1. Surface of GM maize cultivation and development over time 

AT 

BE 

No cultivation yet 

Flanders: No cultivation yet 

Wallonia: No cultivation yet 

EN 

68 

   EN 

 
 
 
CY 

No cultivation yet 

CZ 

DE 

DK 

EE 

ES 

FI 

FR 

HU 

IR 

IT 

LT 

LU 

LV 

NL 

PL 

PT 

RO 

SI 

SK 

SV 

Commercial cultivation started in 2005. Acreage: 2005: 270 ha; 2006: 1.290 ha; 
2007: 5.000 ha, 2008: 8.400 ha (the acreage for 2008 still to be refined). 

Commercial  cultivation  started  in  2005.  Acreage:  2005:  340  ha;  2006:  946  ha; 
2007: 2.685 ha; 2008: 3.371 ha. 

Apart from 1.1 ha with GM maize in 2005 - cultivated as part of the EU research 
project ECOGEN - there is no commercial cultivation of GM maize in Denmark 
yet. 

No cultivation yet 

Commercial cultivation started in 1998. Percentage of GM maize relative to total 
maize area: 2004: 12.14 %; 2005: 12.50 %; 2006: 14.76 %; 2007: 21.18 %; 2008: 
22.11%. GM maize acreage for 2008: 79.269 ha. 

No cultivation yet 

MON810 is cultivated on significant surfaces since 2005. Acreage: 2005: 500 ha; 
2006: 5.000 ha; 2007: 22.000 ha; 2008: 0 

No cultivation yet 

No cultivation yet 

No cultivation yet 

No cultivation yet 

No cultivation yet 

No cultivation yet 

No cultivation yet 

There are no official data confirming GM maize cultivation.  

Commercial cultivation started in 2005. Acreage: 2005: 772 ha; 2006: 1.254 ha; 
2007: 4.199 ha; 2008: 4.851 ha (surface registered until 25 July 2008) 

GM maize cultivation started in 2007. Acreage: 2007: 331 ha; 2008: 7.146 ha 

No cultivation yet 

Commercial  cultivation  started  in  2006.  Acreage:  2006:  33  ha;  2007:  947  ha; 
2008: 1940 ha. 

No cultivation yet 

EN 

69 

   EN 

 
 
4.2. Identified problems in relation to commercial GM maize production  

AT 

BE 

CY 

CZ 

DE 

DK 

EE 

ES 

FI 

FR 

HU 

IR 

IT 

LT 

LU 

LV 

 Not applicable 

 Flanders and Wallonia: Not applicable 

 Not applicable 

infestation  and  decrease 

The three-year experience of the Czech farmers growing Bt maize in 2005-2007 
appears positive. We can observe a decrease in the European corn borer (Ostrinia 
nubilalis) 
the  Fusarium  (possibly  carrying 
in 
mycotoxins) infestation as a secondary effect in Bt maize. There are also noticed 
higher yields of Bt maize (on average by 10 %), but not in every location. On the 
other hand, Czech farmers identify some problems in relation to commercial GM 
maize production: increased administration (mandatory notification of fields) and 
organization (segregation measures) on farm, increased seed costs, direct (maize) 
and indirect (milk) problems with selling of the final product. 

Commercial  cultivation  provokes  fierce  discussions  in  society  and  sometimes 
even  acts  of  damage  of  property.  A  huge  part  of  the  population  does  not  have 
much faith in the effectiveness of co-existence measures. This is especially true 
for bee keeping. 

Not applicable 

Not applicable 

There  is  no  agreement  between  stakeholders  on  whether  a  regulation  on  co-
existence  is  required  or  not.  There  is  a  general  perception  that  there  have  not 
been  any  significant  problems  among  farmers  as  regards  co-existence.  Organic 
farmers  could  face  some  problems  resulting  from  the  zero  tolerance  for  GMO 
content  in  the  certification  of  organic  products.  However,  the  importance  of 
organic maize in Spain is very limited and, therefore, the issue is at present not 
seen as being very significant.     

Not applicable 

Some farmers or associations are opposed to commercial GM maize production, 
anti-GMO actions including destructions are carried out. 

Not applicable 

Not applicable 

Not applicable 

Not applicable 

Not applicable 

Not applicable 

EN 

70 

   EN 

 
NL 

PL 

PT 

RO 

SI 

SK 

SV 

Not applicable 

Such problems are not identified up to now. 

2007 was marked by the destruction of a GM maize field in Algarve, which was 
duly  condemned  by  the  Minister  of  Agriculture,  and  by  various  entities  and 
organizations  connected  to  agriculture  and  by  society  in  general.  No  other 
problems have been identified until now. 

Up  to  now  there  have  not  been  any  registered  problems  on  GM  maize 
comercialisation. 

Not applicable 

No problems identified. 

Not applicable 

4.3. Impact of the adopted co-existence legislation on the introduction of GM crops  

AT 

BE 

CY 

CZ 

DE 

 Not applicable 

 Flanders and Wallonia: Not applicable 

 Not applicable 

It is difficult to judge the real impact of co-existence legislation as it has been in 
place  since  commercial  growing  of  Bt  maize  started  in  the  Czech  Republic  in 
2005. However, it is highly possible that the Bt maize area would have increased 
significantly  more  in  case  there  would  have  not  been  any  binding  co-existence 
legislation in the Czech Republic.  

None 

DK 

 Not applicable 

EE 

ES 

FI 

FR 

 Not applicable 

Not applicable 

 Not applicable 

It is too early to answer this question. 

HU 

 Not applicable 

IR 

IT 

 Not applicable 

 Not applicable 

EN 

71 

   EN 

 
 
LT 

LU 

LV 

NL 

PL 

PT 

RO 

SI 

SK 

SV 

 Not applicable 

 Not applicable 

 Not applicable 

 Not applicable 

There are no data on this point 

The  cultivation  of  GM  maize  started  in  2005,  and  at  that  time  already  a  draft 
legislation  was  discussed  with  the  stakeholders,  so  despite  the  fact  that  the 
legislation had entered in force late September (in the maize harvest season), the 
seed companies had published a leaflet with some recommendations, in line with 
the  draft  measures,  to  farmers,  that  in  general  have  been  fulfilled.  After  the 
national  co-existence  legislation  entered  into  force  an  increase  of  GM  maize 
cultivation was registered, and this is continued since 2005. 

GM  maize  cultivation  increased  from  331  ha  in  2007  (commercial  crop)  to 
7146,44 ha in 2008. 

The  Act  is  in  the  phase  of  adoption,  so  there  is  no  information  about  the 
influence of future legislation to GM maize cultivation. There is no ban on GM 
maize cultivation in Slovenia. 

The adoption of the co-existence legislation in 2006 was a precondition for GM 
maize  cultivation,  but  there  is  not  a  direct  correlation  with  an  increase  in 
cultivation. 

 Not applicable 

5.  Cross-border issues 

5.1. Cooperation with neighbouring Member States in order to address the cross-border 

implications of the different national co-existence regimes 

Requests  for  collaboration  were  addressed  to  neighbouring  regions  in  other 
Member States. The answers were only to a different extent satisfying. It would 
be desirable to create an internet access to all intended cultivations of GM crops 
that are to be notified. At least the distance in kilometres from the borders where 
GMO are cultivated should be available. So far, cases about economic damage in 
Austria are not known. 

AT 

Flanders:  Discussions  with  neighbouring  countries/regions  will  be  held  shortly 
after the adoption of the decree. 

BE 

Wallonia: None 

EN 

72 

   EN 

 
 
 
CY 

No neighbouring Member States 

CZ 

DE 

DK 

EE 

ES 

FI 

FR 

HU 

IR 

IT 

LT 

LU 

LV 

NL 

PL 

PT 

There is some cooperation in place in terms of information exchange (especially 
with Austria and Germany).  

None. The affected German Länder are in contact with the relevant neighbouring 
States in order to get information on GM crop cultivation close to the boarder in 
those States. 

Denmark and the German state Schleswig-Holstein have established contact and 
had a meeting in order to discuss cross-border co-existence issues. 

None 

None 

None 

None 

No  cooperation  has  been  established  with  neighbouring  Member  States  yet  in 
order  to  address  cross-border  issues.  However,  we  consider  cross-border 
implications  as  an  important  issue  and  intend  to  work  on  the  establishment  of 
close cooperation with all neighbouring Member States in this regard. 

Yes 

None.  (Draft  measures)  The  guidelines  advise  that  in  areas  close  to  borders 
among regional administrations the more restrictive isolation measures should be 
adopted  by  the  administrations  involved  and,  in  the  case  of  borders  between 
States,  specific  bilateral  agreements  have  to  launched  involving  also  the 
concerned regions. 

None 

First contacts have been established 

None 

There  have  been  first  talks  with  the  German  “Länder”  e.g.  North  Rhine 
Westphalia. There is also contact with Denmark and Belgium (Flanders), but at 
this moment no regular cross-border cooperation has been established. 

None 

None 

RO 

None 

SI 

None 

EN 

73 

   EN 

 
SK 

None 

We do not consider that the cultivation of GM maize or potato in Sweden would 
have  any 
in  neighbouring  countries.  There  has  been  no 
communication, discussion or cooperation with neighbouring countries. 

implications 

SV 

5.2. Documented  cases  of  economic  damage  resulting  from  cross-border  admixture  of 

GMOs or other observations of cross-border admixture 

BE 

CY 

CZ 

DE 

DK 

EE 

ES 

FI 

FR 

 Flanders and Wallonia: None 

None 

None 

None 

No,  but  as  part  of  the  Co-Extra  project  a  case  study  on  cross-border  admixture 
across 
out: 
carried 
border 
http://www.coextra.eu/library/deliverables.html (first report under WP7). 

Danish-German 

been 

has 

the 

None 

None 

None 

None 

HU 

None 

IR 

IT 

LT 

LU 

LV 

NL 

PL 

PT 

None 

None 

None 

None 

None 

None 

None 

None 

RO 

None 

EN 

74 

   EN 

 
 
SI 

SK 

SV 

None  

None 

None 

5.3. Claims  that  operators  have  difficulties  implementing  co-existence  measures  in  the 

close vicinity to a border 

Flanders and Wallonia: None 

None 

None 

None 

BE 

CY 

CZ 

DE 

DK 

None 

EE 

ES 

FI 

FR 

None 

None 

None 

None 

HU 

None 

IR 

LT 

LU 

LV 

NL 

PL 

PT 

None 

None 

None 

None 

None 

None 

None 

RO 

None 

SI 

SK 

SV 

None 

None 

None 

EN 

75 

   EN 

 
 
6.  National research activities on co-existence 

6.1. Relevant supporting research for the development of co-existence measures  

Seed production in  segregated  production processes to avoid contamination  with 
GMOs in the context of the co-existence of conventional farming with or without 
GMOs  and  organic  farming  (by  Girsch,  L.,  I.  Kramberger,  H.  Felder,  R. 
Hochegger,  K.  Mechtler,  A.  Ratzenböck  und  J.  Taferner,  published  AGES, 
Austrian  Agency  for  Health  and  Food  Safety,  in  May  2004)  -  In  the  study  the 
problems and interaction involved in horizontal and vertical co-existence in seed 
production  are  presented.  Actual  solution  approaches  are  offered  for  seed 
production  co-existence  management  in  Austria  for  the  processed  crop  types 
maize,  soybean, oilseed rape, sugar beet and potatoes. The  study primarily deals 
with the aspect of genetic quality in seeds and plant propagating material. Special 
attention  is  given  to  ascertain,  assess  and  avoid  genetic  contamination  in  seeds 
(variety identity and purity). A system  was developed in Austria by the  Institute 
for Seed and implemented in collaboration with multiplier organisations and seed 
multipliers  to  ensure  the  requirements  of  variety  purity  and  thus  preservation  of 
seed production being free of contamination of other genetic sources.  

in  der  Österreichischen  Landwirtschaft 

Koexistenz  von  gentechnisch  veränderten,  konventionellen  und  biologisch 
- 
angebauten  Kulturpflanzen 
Handlungsempfehlungen  aus  ökologischer  Sicht  (by  Dr. Kathrin  Pascher und 
Mag.  Marion  Dolezel,  published  by  Bundesministerium  für  Gesundheit,  Famile 
und Jugend in 2005) - The study deals with the field crops maize, oilseed rape and 
sugar beet. The aim of the study was the compilation and evaluation of different 
sources of GMO contamination in conventional or organic production systems as 
well as the assessment of the extent of such contamination. Moreover, for each of 
the  three  field  crops  mentioned,  Austria-specific  co-existence  measures  were 
compiled  as  a  first  help  for  orientation  considering  scientific  facts.  Experience 
with co-existence from other countries (USA, Canada), which have already been 
growing GM crops for several years were used in order to draw up co-existence 
measures. The proposed measures were evaluated according to their effectiveness 
and feasibility in different growing areas of the respective field crops in Austria.  

zur 

in  Maiskulturen 

Fremdbefruchtungsrate 

Untersuchungen 
unter 
Berücksichtigung  der  Umwelten  in  den  Hauptanbaugebieten  Österreichs  (by 
Girsch, L., N. Angerer, N. Balarezo, J. Hartmann, C. Kargl, K. Mayr, H. Nagl, H. 
Zimmermann,  H.  Strelec,  G.  Laaha,  published  by  AGES,  Universität  für 
Bodenkultur,  2006)  -  This  study  was  executed  in  view  of  the  implementation  of 
scientific  based  directives  for  a  co-existence  management.  A  field  design 
representative for a natural cultivation situation of maize in Austria was selected. 
On the one hand the maximum external gene flow as a successful fertilization in a 
castrated  pollen  acceptor  field  was  measured  on  the  other  hand  the  specified 
genetic  impurity  caused  by  a  successful  unwanted  internal  gene  flow  (based  on 
seed  impurity)  plus  a  successful  external  gene  flow  as  cross-fertilization  in  a 
conventional  waxy  maize  field  was  measured.  The  average  of  the  successful 
fertilization related to the entire pollen acceptor field was between 4.5 % and 97.5 
%.  The  level  of  genetic  impurity  resulting  from  internal  (seed  impurity)  and 

76 

   EN 

AT 

EN 

 
 
external gene flow in the waxy maize fields was in average related between 1.8 % 
and  5.9  %.  The  highest  correlation  was  observed  when  measuring  the  distance 
between  the  field  border  of  the  pollen  donor  field  and  the  centre  of  the  pollen 
acceptor field and it seems to be the most suitable way to define distances between 
a GMO-field and a non-GMO-field in co-existence management. 

Flanders:  In  April  2004,  a  general  study  on  GMOs  in  Flanders  by  the  Flemish 
executed 
administration 
specific 
(http://lv.vlaanderen.be/nlapps/docs/default.asp?id=530).  No 
research  (commissioned  by  the  government)  in  the  scope  of  the  development  of 
the co-existence legislation in Flanders. 

further 

was 

The  Federal  Research  Program  for  Securing  Coexistence  is  executed  by  the 
Federal  Research  Centre  for  Cultivated  Plants  –  Julius  Kuehn  Institute  and 
commissioned  by  the  Federal  Ministry  of  Food,  Agriculture  and  Consumer 
Protection  (BMELV).  State  partner  is  the  Agricultural  Technology  Center, 
commissioned  by  the  Ministerium  für  Ernährung  und  Ländlichen  Raum,  Baden-
Württemberg. 

Langhof, M; Hommel, B.; Hüsken, A.; Schiemann, J.; Wehling, P.; Wilhelm, R.; 
Rühl,  G.2008:  Coexistence  in  Maize:  Do  non-maize  buffer  zones  reduce  gene 
flow between maize fields? Crop Sci. 48, p. 305 – 316. 

Langhof,  M.  und  Rühl,  G.  2008:  Auskreuzungsstudien  bei  Mais:  Überblick, 
Bewertung, Forschungsbedarf. Berichte über Landwirtschaft 86 (1), S. 29 – 67. 

The field experiments aim at establishing a scientific data base for coexistence of 
GM  and  non-GM  crops  under  the  climatic  conditions  in  Germany.  The  current 
focus  is  directed  on  maize,  since  several  gm-varieties  of  this  crop  are  already 
permitted in Europe. For this purpose different parameters are under investigation: 
isolation distances (24, 51, 78, 102, 150 m); non-maize buffer crops (grass/clover, 
cereals, sunflower); non-GM maize buffer rows at the border of the gm-field (12 
vs.  24  rows);  GM  :  non-GM  field  depth  (1:1  vs.  2:1);  orientation  of  the 
experimental  plots  to  each  other;  sowing  orientation  of  non-GM  field  (rows 
parallel  and  upright  in  respect  to  the  GM  field).  The  field  experiments  are 
generally  designed  as  ‘worst  case’  scenarios.  Generally,  all  relevant  data  like 
flowering of male and female florescence of GM and non-GM maize, wind speed 
and  direction,  temperature,  and  rainfall  during  flowering  are  observed.  Data  are 
used  from  BMELV  for  regulations  in  respect  to  good  farming  practice  in 
cultivation of GM crops. 

For  the  purpose  of  revising  the  Danish  co-existence  rules  the  original  scientific 
working  group  on  co-existence  was  reassembled  in  order  to  update  its  scientific 
report  on  co-existence  from  2003.  Its  findings  have  been  published  in  the 
Supplementary  Report  from  the  Danish  Working  Group  on  the  Coexistence  of 
2007: 
GM  Crops  with  Conventional 
http://web.agrsci.dk/djfpublikation/djfpdf/djfma131.pdf. 

and  Organic  Crops 

from 

In  previous  years,  a  number  of  studies  on  co-existence  have  been  conducted, 
mainly on maize. The most revelant are:  

BE 

DE 

DK 

ES 

EN 

77 

   EN 

 
Melé,  E,  Ballester,  J.  Peñas,  G.  Folch,  I.  Olivar,  J.  Alcalde,  E.  &  Messeguer,  J. 
2004. First Results of Co-existence Study. Euro/Biotech/News 3:8. 

Melé, E., G. Peñas, J. Serra, J. Salvia, J. Ballester, M. Bas, M. Palaudelmàs, and J. 
Messeguer.  2005.  Quantification  of  pollen  gene  flow  in  large  maize  fields  by 
using  a  kernel  colour  trait.  pp289-291.  In  Antoine  Messéan  (ed),  Proc.  2nd. 
International  Conference  on  Co-existence  between  GM  and  non-GM  based 
agricultural supply chains. Ed. Agropolis Productions. Montpellier, France. 

Pla M, La Paz JL, Peñas G, García N, Palaudelmàs M, Esteve T, Messeguer J & 
Melé E. (2006) Assessment of real-time PCR based methods for quantification of 
pollen-mediated  gene  flow  from  GM  to  conventional  maize  in  a  field  study. 
Transgenic Research :15:218-228. 

Messeguer, J., G. Peñas, J. Ballester, M. Bas, J. Serra, J. Salvia, M. Palaudelmàs, 
and  E.  Melé.  2006.  Pollen-mediated  gene  flow  in  maize  in  real  situations  of 
coexistence. Plant Biotechnology Journal 4:633-645. 

Palaudelmàs M, Messeguer J, Peñas G, Serra J, Salvia J, Pla M, Nadal A and Melé 
E.  2007.  Effect  of  sowing  and  flowering  dates  on  maize  gene  flow.  Third 
international  conference  on  coexistence  between  genetically  modified  (GM)  and 
non-GM  based  agricultural  supply  chains  (GMCC-07).  Sevilla,  Spain.  Book  of 
Abstracts in: http://www.coexistence-conference.org/ 

Melé  E,  Peñas  G,  Palaudelmàs  M,  Serra  J,  Salvia  J,  Pla  M,  Nadal  A  and 
Messeguer  J.  2007. Effect of volunteers on  maize gene flow. Third international 
conference on coexistence between genetically modified (GM) and non-GM based 
agricultural  supply  chains  (GMCC-07).  Sevilla,  Spain.  Book  of  Abstracts  in: 
http://www.coexistence-conference.org/ 

Messeguer J, Palaudelmàs M, Peñas G, Serra J, Salvia J, Ballester J, Bas M, Pla 
M, Nadal A and Melé E. 2007. Three year study of a real situation of coexistence 
in  maize.  Third  international  conference  on  coexistence  between  genetically 
modified  (GM)  and  non-GM  based  agricultural  supply  chains  (GMCC-07). 
Sevilla, Spain. Book of Abstracts in: http://www.coexistence-conference.org/ 

Ortega  Jose  I.  Coexistence  of  Genetically  Modified,  conventional  and  organic 
crops,  VIENA  (Austria),  del  4  al  6  de  abril  de  2006.  Ponencia  titulada:  The 
Spanish experience with co-existence after eight years of cultivation of GM maíze. 
Book of Abstracts in: http://www.coexistence-conference.org/ 

Ortega Jose  I. Second international Conference  about Co-existence between GM 
and non-GM based agricultural supply chains (GMCC 05), Montpellier (Francia), 
14 y 15 de Noviembre de 2.005. Ponencia titulada: The Spanish Experience. Book 
of Abstracts in: http://www.coexistence-conference.org/ 

Enabling the Coexistence of GM Crops and Conventional and Organic Farming in 
Finland.  Mid-Term  Report,  31  May  2005,  Expert  Work  Group  on  Coexistence, 
Ministry 
p., 
http://wwwb.mmm.fi/julkaisut/tyoryhmamuistiot/2005/trm2005_9a.pdf . 

Agriculture 

Forestry, 

Finland, 

and 

88 

of 

78 

   EN 

FI 

EN 

 
The Ministry of Agriculture and Forestry appointed an Expert Working Group in 
February 2004 to prepare the recommendations for measures and instructions for 
enabling the coexistence of GM, conventional and organic agriculture in Finland. 
The task of the Expert Work Group was to draw up a report on: (a) Agronomical 
measures enabling coexistence. The study must be founded on scientific evidence 
on  the  likelihood  of  the  admixture  of  GM  and  other  crops  and  sources  of 
admixture.  (b)  Economic  impacts  of  coexistence  and  sharing  of  responsibilities. 
Coexistence  measures  must  be  functioning  and  cost-efficient.  Measures  may  not 
cause  unreasonable  economic  consequences  to  farmers  or  seed  producers.  The 
Working  Group  had  also  to  go  through  the  Finnish  legislation  on  liability  for 
damage  to  see  whether  this  provides  sufficient  and  equal  opportunities  to  the 
different parties to practice their business. (c) Regional measures, which should be 
applied  to  crop  species  and  types  of  production  applicable  for  the  Finnish 
conditions (e.g. seed production  vs. other  crop production). The  regional aspects 
to be accounted for also include the share, number and type of GM crops in the 
region,  climate  conditions,  soil,  topography,  crop  rotation  and  farm  structure  as 
well  as  the  surrounding  area,  such  as  forests,  uncultivated  land  and  location  of 
arable  lands.  (d)  Administrative  decisions  and  changes  in  the  legislation  which 
may be needed as well as new control and inspection systems to be introduced. 

ja 

sekä 

tavanomaisen 

Muuntogeenisten  viljelykasvien 
luonnonmukaisen 
maataloustuotannon  rinnakkaiselon  mahdollistaminen  Suomessa.  Rinnakkaiselon 
ohjaustyöryhmän  loppuraportti,  12.12.2005,  Maa-  ja  metsätalousministeriö,  51  s. 
[Enabling the Coexistence of GM Crops and Conventional and Organic Farming 
in Finland. Final Report, Dec. 12, 2005, Guidance Panel on Coexistence, Ministry 
of  Agriculture 
Finnish], 
The 
http://wwwb.mmm.fi/julkaisut/tyoryhmamuistiot/2005/trm2005_16.pdf. 
report  contains  essentially  the  information  presented  in  the  Mid-term  report  (see 
above), accompanied with juridical and economical studies and recommendations 
for  the  outlines  of  the  legislative  measures  necessary  for  organizing  coexistence 
practices in Finland.  

Forestry, 

Finland, 

and 

51 

In 

p. 

Erkki  Hollo  (2006).  Maatalouden  tuotantomuotojen  keskinäissuhteista  aiheutuva 
ja 
vastuu.  Oikeudellista  vastuuta  koskeva 
metsätalousministeriö, kesäkuu 2006, 41 s. [Liability originating from the mutual 
relations between different production systems in agriculture. A study of juridical 
liability.  Prof.  Erkki  Hollo,  Univ.  of  Helsinki.  Ministry  of  Agriculture  and 
Finnish], 
Forestry, 
http://wwwb.mmm.fi/julkaisut/muut/MTVO.pdf . 

(MTVO).  Maa- 

selvitys 

2006, 

June 

41 

In 

p. 

Jussi  Tuomisto  (2005).  Coexistence  of  GM  and  non-GM  potato  varieties  on 
Finnish  potato  farms  –  potential  costs  and  remedies,  9th  ICABR  International 
Conference on Agricultural Biotechnology: Ten Years Later. Ravello (Italy), July 
6 
p., 
www.economia.uniroma2.it/conferenze/icabr2005/papers/Tuomisto.pdf . 

2005, 

July 

10, 

21 

to 

INRA  (French  National  Institute  for  Agricultural  Research)  participates  in  the 
European programmes COEXTRA and SIGMEA.  

FR 

Arvalis  (a  technical  research  institute)  has  carried  out  research  for  three  years 

EN 

79 

   EN 

 
(2002-2004)  on  Bt  maize.  The  aim  of  the  programme  (POECB:  programme 
opérationnel d'évaluation des cultures issues des biotechnologies) was to study the 
feasibility  of  coexistence  between  GM  crops  and  non  GM  crops,  to  study  the 
benefits of Bt maize, to set up procedures to ensure traceability from the field to 
feed products. http://www.agpm.com/en/iso_album/poecb_1.pdf 

Research regarding maize pollen flow was carried out in 2003. The original goal 
was  to  define  an  appropriate  isolation  distance  for  Part  B  releases.  The  research 
was published in Hungarian in 2004 with the following title: “Study on GM maize 
pollen  flow”  (see  annexed  to  this  document).  The  Central  Agricultural  Office 
issued a book with the title "Gene technology and product safety". One chapter of 
the book contains the pollen flow study results. 

HU 

The  Region  of  Piemonte  requested  to  the  University  of  Torino  a  study  with  the 
title “Introduction of GM crop cultivation in Piemonte: agronomic, cultivation and 
chain organization aspects”, which was carried out in 2007. The objective of the 
study was, amongst others, an evaluation of the impact on the agricultural system 
of  Piemonte  resulting  from  the  introduction  of  GM  crop  cultivation.  Different 
scenarios  were  formulated  with  a  variation  of  factors,  such  as  prices,  yields  and 
coexistence measures. The research institutions involved in the preparation of the 
study  are:  the  Department  of  Valorisation  and  Protection  of  the  Agri-Forestry 
Resources,  the  Department  of  Agriculture,  Forestry  and  Management  of  the 
Territory,  the  Department  of  Economy,  the  Institute  of  Social  and  Economic 
Research. 

"Research  on  the  knowledge  concerning  the  potential  impact  on  the  territory  of 
Toscana  resulting  from  to  the  introduction  of  GMOs  and  the  effects  on 
ecosystems, the rural economy and the institutional system" by ARSIA, Region of 
Toscana;  Year:  2004-2006;  scientific  coordinator:  Professor  Marcello  Buiatti, 
University of Florence, Department of Animal Genetic Biology "Leo Pardi".  

“Coexistence between GM crop cultivation with conventional and organic crops in 
the  context  of  the  agriculture  of  Umbria”,  University  Of  Perugia,  with  Professor 
Fabio Veronesi. 

IT 

In  2006  and  2007,  field  trials  were  performed  to  address  the  effects  of  the  two 
isolation  distances  indicated  by  the  Dutch  Coexistence  Committee,  i.e.  25  m 
between  GM  and  conventional  maize  cultivation,  and  250  m  between  GM  and 
deliberately  non-GM  (e.g.  organic)  maize  cultivation,  on  pollen-mediated  gene 
flow  (PMGF)  under  realistic  agronomical  conditions  in  The  Netherlands.  Levels 
of  the  transgene  in  grain  samples  from  the  receptor  fields  were  measured  by  a 
validated  real-time  PCR  quantification  method  for  the  MON810  event.  Each 
isolation distance was tested at three different locations across The Netherlands in 
both years. For testing PMGF with the 25 m isolation distance, GM source fields 
of 100 x 100 m (1 ha) were surrounded at all four sides by equally sized non-GM 
receptor fields at a distance of 25 m. For testing PGMF with the 250 m isolation 
distance, 1-ha GM source fields were surrounded by 50 x 50 m (0.25) ha receptor 
fields  in  four  different  directions  at  250  m.  For  the  GM  source  field,  the  maize 
variety DKc3421YG containing the MON810 event was used with both distances. 
A maize cultivar near-isogenic to the GM cultivar was grown in the receptor fields 
to obtain good flowering synchronicity between GM and non-GM maize and thus 

80 

   EN 

NL 

EN 

 
optimal  conditions  for  PGMF.  Analyses  showed  the  following  levels  of  grain 
admixture  as  a  consequence  of  PMGF,  averaged  across  twelve  fields  for  each 
isolation  distance  tested:  at  25  m  0.084  %  (individual  field  averages  ranged 
between  0.009  %  and  0.296  %)  in  2006  and  0.080%  (0.002  %  to  0.318  %)  in 
2007, resp., and at 250 m 0.005 % (individual field averages ranged between 0 and 
0.040  %)  in  2006  and  0.007  %  (0  to  0.037  %)  in  2007,  resp.  Although  weather 
conditions were quite different between 2006 and 2007 (a hot and dry summer in 
2006 vs. a relatively wet one in 2007), outcrossing rates did not differ significantly 
between years. 

The  programme  „Environment  and  economical  aspects  of  GM  crops  in  Poland” 
will  be  realised  under  the  supervision  of  the  Ministry  of  Science.  This  research 
will be executed by national scientific institutions. Moreover, the Plant Breeding 
and  Acclimatisation  Institute,  supervised  by  the  Ministry  of  Agriculture,  will 
realise  in  the  framework  of  its  multi-annual  scientific  programme,  work  on  the 
subject „Assessment of introducing GM plants into agricultural production”. 

PL 

Elena  Marcela  Badea  and  P.I.  Otiman,  2006.  GM  plants  in  agriculture. 
Agronomic,  ecologic  and  economic  impacts.  P.  1-219,  Mirton  Edit.,  Timisoara. 
The  book  is  an  introduction  for  Romanian  readers  regarding  the  factors, 
conditions,  and  modalities  that  have  generated  spectacular  growth  of  using  GM 
crops in the world. The authors present the most recent and relevant information 
of  interest  for  farmers,  information  concerning  the  agronomic  (technological), 
ecological  and  economic  advantages  associated  with  the  use  of  the  products 
obtained  through  modern  biotechnology.  A  special  chapter  of  this  book  is 
dedicated to gene flow in connection with coexistence measures. The information 
found  in  this  book  also  addresses  and  it  is  useful  to  those  involved  in  the 
authorization process, risk assessment and monitoring of GM crops. 

Bodea, Monica, L.A. Mărghitaş, D.Pamfil, D. Dezmirean, I. Haş, C. Coroian, L. 
Muntean, Rodica Pop, 2007. The efficiency of different DNA isolation protocols 
in  six  cultivars  of  oilseed  rape  (Brassica  napus).  International  Beekeeping 
Symposium, May, 3-5, 2007. University of Agricultural Sciences and Veterinary 
Medicine, Cluj-Napoca. The main aim of this study was to obtain a high purity of 
DNA from six cultivars of Brassica napus. This was a first step for future studies 
to use RADP and AFLP fingerprinting for revealing gene flow via pollination of 
oilseed rape.  

Săndoiu,  D.I.,  V.G.  Ghiţă,  Nicoleta  Dumitrescu,  Mihaela  Obrişca,  2006.  The 
agronomic  impact  of  using  some  GMP  in  Romanian  agriculture:  GM  soybean  - 
herbicide  resistance.  Communications  at  Romanian  Academy  with  the  theme 
“Agriculture biotechnology in Romania” October, 11, 2006. The authors present a 
study  about  the  coexistence  of  GM  soybean  –  herbicide  resistance  with 
conventional 
farming. 
http://www.academiaromana.ro/com2006/docBioteh/c05-DumitruSandoiu.ppt 

organic 

and 

Elena  Marcela  Badea,  Roşca  I.,  Madoşă  E.,  Ciocăzanu  I.,  2004.  Romanian 
Biosafety  Research:  Current  Approaches  and  Developments.  In:  J.P.  Nap,  A. 
Atanasov,  W.  Stiekema,  eds.,  Genomics  for  Biosafety  in  Plant  Biotechnology: 
New Challenges, IOS Press, NATO Science Series, Serie 1, Life and Behavioral 
Sciences,  vol.  359,  191-199.  The  study  used  non-GM  maize  for  assessing  the 

RO 

EN 

81 

   EN 

 
pollen  flow  in  the  western  part  of  the  country  (Agricultural  University  – 
Timisoara). A sweet maize line (susu) was placed at 7 different distances (0.7; 20; 
40;  60;  80;  100;  150  and  200  m)  in  all  four  directions  from  a  central  source  of 
normal  pollen  (SuSu).  To  evaluate  the  frequency  of  gene  flow  at  different 
distances  from  pollen  source,  all  ears  from  the  sweet  maize  capture  strips  were 
harvested at maturity and the number of normal and sweet grains on each cob was 
counted. On the average, the cumulative pollen capture at a distance of 40 m was 
over 90 % in all directions, except for the East, with a variation from 20 to 100 m. 
The results suggested that the condition for coexistence could be achieved. 

Meglič, V., Šuštar Vozlič, J., Čergan, Z., Zagorac, B. Coexistence of genetically 
modified  plants  with  conventional  and  biological  production  (2005)  Agricultural 
Institute  of  Slovenia,  commissioned  by  Ministry  of  Agriculture,  Food  and 
Forestry. The aim of the study was to prepare guidelines for the development of 
strategies for coexistence in Slovenia and the development of optimal technologies 
for coexistence of GM crops with conventional and organic crop production under 
the specific conditions of Slovenian agriculture. The study was elaborated on the 
basis of EU legislation and guidelines respecting the current Slovenian legislation 
in  this  field.  The  outcome  of  the  study  was  that  coexistence  is  possible.  In  the 
agriculture  production  system  the  principles  of  good  agricultural  practice  should 
be  introduced  in  all  the  steps  of  the  production  chain  from  farm  to  fork.  The 
importance of conducting research and field trials also in Slovenia was stressed. 

Žel,  J.  Strategy  of  coexistence  of  GM  crops  with  conventional  and  ecological 
agriculture  (2006),  National  institute  of  Biology,  Večna  pot  111,  Ljubljana, 
commissioned  by  Ministry  of  Science  and 
technology  and  Ministry  of 
Environment  and  Spatial  Planning.  Purpose  of  the  coexistence  part  of  the  study 
was to do a survey on existing knowledge on coexistence from literature and other 
available  sources,  to  define  stakeholders  and  experts  in  Slovenia  who  could 
support  development  of  strategies  and  legislation  in  coexistence.  Special  focus 
was dedicated to maize, oilseed rape and soy. Legislation developing at that time 
in other countries was followed. Some general guidance was given. 

Meglič, V. et al. 2005: Coexistence and preservation of biodiversity in agriculture 
(agrobiodiversity):  specific  technologies  of  crop  production  and  preservation  of 
biodiversity of agricultural crops. Agricultural Institute of Slovenia, commissioned 
by  Ministry  of  Environment  and  Spatial  Planning.  In  the  frame  of  the  study  an 
overview of plant species and transformation events that would be interesting for 
crop  production  in  Slovenia  was  compiled.  We  have  focused  on  events  that  are 
permitted  in  the  EU  and  events  that  are  envisaged  to  get  permission  in  the  near 
future.  That  includes  maize,  oilseed  rape,  potatoes,  sugar  beets  and  some 
vegetable  crops.  We  have  made  an  overview  of  agricultural  species,  local 
populations  and  old  Slovenian  cultivars  that  are  possible  receivers  of  GM 
constructs and as well an overview of possible locations where it could come to 
unintended  presence.  Possibility  of  GM  plant  production  is  connected  to  the 
intensity  of  crop  production,  which  we  described  as  the  share  of  fields  and 
vegetable  gardens  to  other  agricultural  surface  use.  Growth  dynamics  have  been 
described  for  GM  donors  and  GM  receivers  of  main  agricultural  species.  If 
appropriate measures for prevention of unintended presence in ex-situ and in-situ 
conditions are followed, the coexistence in Slovenia would be possible. According 
to  experiences  in  other  EU  countries,  we  have  proposed,  for  preparation  of 

82 

   EN 

SI 

EN 

 
optimum  production  technologies,  a set of field trials as well  in Slovenia. In  the 
same  manner,  we  would  have  to  prepare  a  strategy  for  in-situ  and  in-vivo 
conservation of genetic resources in coexistence, for Slovenian conditions. 

Šuštar-Vozlič,  J.,  et  al.  2006.  Elaboration  of  risk  assessment  for  non-deliberate 
release of genetically modified oilseed rape, maize and potato in Slovenia, and the 
preparation of a proposal for the environmental monitoring. Agricultural Institute 
of Slovenia, commissioned by Ministry of Environment and Spatial Planning. The 
aim of the study was to prepare a basis for the elaboration of risk assessment for 
non-deliberate  release  of  genetically  modified  oilseed  rape,  maize  and  potato  in 
Slovenia,  and  to  prepare  a  proposal  for  the  environmental  monitoring.  Transport 
routes  on  the  territory  of  Slovenia  were  described  in  details  for  all  the  studied 
crops.  Critical  points  where  non-deliberate  release  of  GM  plants  in  the 
environment may occur were identified. Chains for seed and commercial material 
were  described  separately.  Information  on  production,  processing  and  foreign 
trade of oilseed rape, maize and potato in the period between 2001 and 2006 was 
acquired from different already existing data collections (e.g. Statistical Office of 
RS,  Phytosanitary  Administration  of  the  Republic  of  Slovenia,  Agricultural 
Economics  Department  of  the  Agricultural  Institute  of  Slovenia,  Chamber  of 
Commerce  and  Industry  of  Slovenia).  Questionnaires  were  also  sent  to  a  large 
number  of  suppliers  along  the  whole  chain  in  order  to  provide  information  on 
produced,  processed  and  stored  quantities  of  crops,  storage  locations,  imported 
quantities  according  to  the  country  of  origin  and  transport  ways  and  purpose  of 
use of the produced  or imported  seed, grain  of  oilseed  rape  and  maize  and  ware 
potato in the years from. Approximately 1/3 of questionnaires were received back, 
others  considered  the  data  as  business  secret.  Due  to  specificity  of  each  crop,  a 
uniform approach for elaboration of risk assessment and monitoring could not be 
established; therefore three different systems were proposed, one separate for each 
crop. 

Šuštar-Vozlič,  J.,  et  al.  (2007)  Elaboration  of  a  proposal  for  thresholds  for 
labelling  the  presence  of  GM  seeds  in  other  seeds,  Agricultural  Institute  of 
Slovenia, commissioned by Ministry of Environment and Spatial Planning. In the 
study  an  overview  was  given  of  the  current  state  of  the  art  on  the  GM  seed 
thresholds in EU. In the absence of seed regulation the situation and current praxis 
in  individual  member  state  was  presented.  Emphasis  was  given  to  legal  base, 
labelling and inspection. In the second part of the study critical points in the seed 
supply chain where unintended or technical unavoidable presence of GMOs could 
occur were identified. The share of unintended presence of GM seeds that could 
occur  at  each  critical  point  was  estimated  for  each  of  the  studied  crop  (maize, 
oilseed  rape,  potato,  sugar  beet).  The  cost/benefit  analysis  was  conducted  for 
potato and oilseed rape.  

2002-2006:  ECOGEN  (Soil  ecological  and  economic  evaluation  of  genetically 
modified crops); 5th FP EU project, Institute Jozef Stefan Jamova 39. Ljubljana, 
commissioned by the European Commission. 

2004-2007:  SIGMEA  (Sustainable  Introduction  of  GMOs 
into  European 
Agriculture),  6th  FP  EU  project,  Institute  Jozef  Stefan  Jamova  39.  Ljubljana, 
commissioned by the European Commission. 

EN 

83 

   EN 

 
6.2. Coexistence research currently taking place in the Member States  

Forestry, 

Environment 

Institution  carrying  out  the  research:  AGES.  Commissioned  by:  Ministry  for 
and  Water  Management. 
Agriculture, 
Description:  Goal  is  to  obtain  new  scientific  and  representative  results  for 
coexistence  management  in  Austria  under  realistic  cultivation  conditions  for 
maize  by  carrying  on  the  study  "Analyses  of  gene  flow  in  Zea  mays  in 
consideration  of  the  environment  in  main  cultivation  regions  in  Austria"  which 
was finalised in 2006, to gain additional data and to secure the present results.  

Flanders:  Devos,  Y.  (2008).  Transgenic  crops:  a  kaleidoscopic  impact 
analysis,  PhD  thesis,  University  of  Ghent,  Belgium  (ISBN  978-90-5989-220-0) 
and  all  his  other  relevant  publications  in  international  peer-reviewed  journals, 
proceedings 
work:  
this 
(http://www.criticalphilosophy.ugent.be/publications/pub_yann.htm). 

mentioned 

reports, 

and 

in 

Wallonia:  Search  for  feral  transgenic  rapeseed  in  the  environment  of  the 
Walloon  Region  –  Janssen  et  al.  –  Poster  -  1st  Global  Conference  on  GMO 
analysis  –  Côme  –  Italia  (Centre  wallon  de  Recherches  Agronomiques  – 
Gembloux) – Commissioned by the public authorities. 

Study  of  selected  factors  influencing  adventitious/unintended  presence  of 
GMO  and  biodiversity  in  the  context  of  coexistence  of  GM,  conventional  and 
organic crops” – Crop Research Institute with financial support of the Ministry of 
Agriculture  (National  Agency  for  Agricultural  Research,  project  no.1B53047). 
The aim of this project is to look into technical possibilities of spatial isolation of 
GM  crops  in  selected  areas  of  the  Czech  Republic.  Acquired  data  can  be  used 
when  the  Good  Agriculture  Practice  dealing  with  the  release  and  monitoring  of 
GM crops will be put into practice. The project is also focused on the monitoring 
of  changes  in  farming  practices  on  the  farm  level  once  GM  crops  are 
commercialized. 

One  State’s  programme  in  Saxony  deals  with  Bt-maize.  The  design  of  this 
research field is predominantly directed to other topics and its use for coexistence 
is  very  limited.  This  part  is  called  „Untersuchungen  zur  Absicherung  der 
Koexistenz  zwischen  Betrieben  mit  und  ohne  Anbau  von  GV-Sorten 
(Auskreuzung)“  and  is  carried  out  by  the  Sächsische  Landesanstalt  für 
Landwirtschaft, commissioned by the responsible States' ministry. 

The  Danish  breeding  company  DLF-Trifolium  A/S  participates  in  the  EU 
project  TRANSCONTAINER  whose  target  is  to  develop  efficient  and  stable 
biological  containment  systems  for  GM  plants.  The  Institute  of  Food  and 
Resource Economics, Faculty of Life Sciences at the University of Copenhagen, 
participates in the COEXTRA project. The institute leads Workpackage 3 where 
the scope is to assess the internal and external costs and benefits generated by the 
implementation of coexistence and traceability. 

There is an administrative arrangement between the Ministry of Environment, 
Rural  and  Maritime  Affairs  and  the  National  Institute  of  Agricultural  and  Food 

A

T 

B

E 

C

Z 

D

E 

D

E

K 

S 

EN 

84 

   EN 

 
 
 
Research and Technology which aims at analysing gene flow in cotton. 

GMO Research Program ESGEMO (Research Programme on Environmental, 
Societal and Health Effects of GMOs 2003–2007), organized by the Academy of 
Finland, ended recently, and its results are in preparation for publication. For the 
aims 
see 
www.aka.fi/Tiedostot/Tiedostot/ESGEMO/ESGEMO%20ohjelmamuistio_Progra
mme%20 memorandum.pdf  

program 

research 

the 

of 

I 

R 

F

F

I

Some  of  its  projects  may  provide  biological  information  useful  in  defining 

coexistence measures adequately for the Finnish cultivation conditions. 

INRA (French National Institute for Agricultural Research) participates in the 

European programmes COEXTRA and SIGMEA. 

Appropriate  isolation  distance  for  oilseed  rape,  conducted  by  Teagasc  Crop 

R 

Research Centre, Oakpark, Carlow 

N

Research is done to provide a science based monitoring system to be used in 

L 

case of commercial cropping (this system is currently under construction). 

A tree year “Coexistence” Project was completed, and the first results of that 
work have been disseminated through the DGADR Internet page. It is estimated 
that  the  final  report  will  be  issued  in  2008.  The  main  goals  of  this  study  is  to 
create a “Manual of Best Practices for the Coexistence for Maize” as well as the 
evaluation,  under  real  conditions,  of  the  technical  measures  for  minimizing  the 
adventitious  presence  of  GMO,  set  forth  in  the  national  legislation  and  evaluate 
possible proposals of amendments to the legal technical measures. This project is 
financed  by  the  AGRO  programme.  It  is  conducted  by  DGADR  and  by  the 
National  Institute  of  Biological  Resources  in  partnership  with  the  Agricultural 
College  of  Santarem,  the  ANSEME,  the  ANPROMIS,  the  AGROBIO  and  the 
Regional Directions of Agriculture and Fishing of Lisbon & Tejo Valley, Center 
and North. The progress reports of this project are available at www.dgadr.pt. 

P

T 

The project “Coexistence of GM, conventional and organic crops” is financed 
and  monitored  by  the  Ministry  of  Agriculture  and  Rural  Development  and 
executed  by  the  Agriculture  Research  and  Development  Station  Turda  in  co-
operation with the University of Agricultural Sciences and Veterinary Medicine, 
Cluj-Napoca.  Gene  flow  with  non-transgenic  crops  is  studied  using  phenotypic 
and biochemical markers. This  test system was used i.e.  in  Spain  (“The Spanish 
experience  with  coexistence  after  eight  years  of  cultivation  of  GM  maize” 
presented by Jose Ignacio Ortega Molina at the conference "Coexistence of GM, 
conventional  and  organic  crops  –  freedom  of  choice"  from  4-6  April  2006  in 
Vienna,  Austria)  and  in  Germany  (M.  Langhof,  B.  Hommel,  A.  Hüsken,  J. 
Schiemann,  P.  Wehling,  R.  Wilhelm  and G. Rühl, 2008. “Coexistence  in  maize: 
do non-maize buffer zones reduce gene flow between maize fields?” Crop Science 
48:305-316).  Part  of  the  research  project  is  the  study  of  the  gene  flow  between 
GM  and  conventional  crops  (oilseed  rape,  maize  and  soybean)  and  ensuring  the 
coexistence between the conventional and the transgenic crops. The first phase of 
the  research  work  was  to  measure  the  pollen-mediated  gene  flow  among  some 
non-GM  oilseed  rape  (Brassica  napus)  varieties  and  uncertain  gene  flow  from 

R

O 

EN 

85 

   EN 

 
oilseed  rape  to  Sinapis  spp.  as  a  wild  species,  by  using  RAPD  and  AFLP 
fingerprinting  for  revealing  gene  flow  via  pollination  of  oilseed  rape.  For 
revealing  gene  flow  via  pollination  in  soybean  (Glycine  max),  we  will  study  the 
hybrids resulted by crossings between  plants with violet flowers  and plants with 
white flowers. For maize (Zea mays L.) two phenotypic markers will be used for 
revealing gene flow: 1. crossings between the plants with red grains (R-gene) and 
plants with yellow grains (Y gene); 2. crossings between conventional maize and 
sweet maize (sugary-1 gene).  

Study  on  the  impact  of  conventional  maize-specific  technology  and  GM 
maize-specific  technology  systems,  at  the  farm  level,  on  the  biodiversity,  yield 
quality  and  quantity.  Grant  supported  by  the  Ministry  of  Agriculture  and  Rural 
Development  (2008  -2010).  Currently,  in  Romania,  through  the  Order  of  the 
Ministry  of  Agriculture  and  Rural  Development  (MADR)  no.  237/2006,  the 
isolation  distance  between  different  cropping  systems  is  the  one  used  for  seed 
production. One of the objectives of this project is to assess the efficiency of the 
measures  imposed  through  legal  requirements  regarding  the  application  of 
coexistence measures for different agricultural systems (with and without the use 
of  GM  plants).  Samples  from  conventional  maize  plants  surrounding  the  GM 
maize  field  located  in  different  ecological  regions  will  be  harvested  for  analysis 
using  standardized  methods.  Data  obtained  will  be  analyzed  by  correlation  with 
the  climate,  cropping  system  and  landscape,  assessing  also  the  feasibility  of 
coexistence at local level. 

Study  conducted  by  Monsanto  Romania  SRL  in  cooperation  with  the 
Agricultural  University  of  Bucharest  regarding  the  Bt  pollen  dispersion  for 
coexistence  arguments.  The  collected  samples  are  being  analyzed  both  in 
Romania and in France. 

Harmonisation  of  technologies  for  following  GMOs  in  food  and  feed 
production  chain  and  their  co-existence  with  conventional  and  ecological 
production  chains,  Agricultural  Institute  of  Slovenia  (dr.  Vladimir  Meglič), 
Hacquetova  17,  1000  Ljubljana,  commissioned  by  Slovene  Research  Agency, 
Ministry  of  Agriculture,  Food  and  Forestry  and  Ministry  of  Environment  and 
Spatial  Planning.  There  are  three  work  packages  (WP1-3),  that  are  led  by  three 
research institutions; WP1 Kmetijski inštitut Slovenije – Agricultural Institute of 
Slovenia, WP2 Nacionalni inštitut za biologijo – National Institute of Biology and  
WP3  Inštitut  Jožef  Stefan  –  Jozef  Stefan  Institute.  The  work  within  each  WP  is 
conducted by researchers from all three institutions. Within WP1 the spatial and 
time  systems  of  field  production  are  determined  and  defined,  along  with  crop 
rotations,  good  agricultural  practice  and  traceability  of  GMO  food  products. 
Within WP2 we are developing methodology for data analysis as a support for a 
decision  making  and  as  well  optimizing  the  traceability  of  GMOs.    The  system 
will  be  adaptable  to  traces  as  well  the  other  contaminants  in  the  agricultural 
practice.  WP3  will  combine  all  collected  and  other  available  data  in  the  field 
production, e.g. wind, air pressure and humidity, orographic data, field structure, 
time  dynamics  of  the  field  production,  and  prepare  a  simulation  for  different 
widths of the safety belts in maize production. 

S

I 

Guidelines for a national strategy of the preservation of forest trees genefonds 
due  to  the  introduction  of  GMOs  in  agriculture,  University  of  Ljubljana, 

EN 

86 

   EN 

 
Biotechnical  Faculty,  Jamnikarjeva  101,  1000  Ljubljana  (dr.  Robert  Brus) 
commissioned  by  the  Slovene  Research  Agency,  Ministry  of  Environment  and 
Spatial Planning. Part of this study deals with co-existence in GM trees.  

Protection  against  unintended  release  of  GMOs  and  other  biotic  agents 
(phytopatogenic  microorganisms)  in  the  environment,  National  institute  of 
biology,  Večna  pot  111,  1000  Ljubljana,  commissioned  by  Slovene  Research 
Agency  Ministry  of  Defence.  Apart  from  the  National  institute  of  biology,  the 
Agricultural  institute  of  Slovenia,  the  Biotechnical  Faculty  of  the  University  of 
Ljubljana,  and  the  Slovenian  institute  for  Hop  Research  and  Brewing  were  also 
involved  in  the  project.  Descriptions  of  supply  chains  for  tomato,  silage  maize, 
potato, and grain maize were prepared for the Slovenian market and included the 
prediction  of  possible  critical  points  for  the  release  of  GMOs  into  the 
environment.  The  existing  traceability  systems  and  technical  instruction  for 
establishing  traceability  and  segregation  systems  within  the  supply  chains  for 
potato, tomato, and maize were described in detail. We identified production areas 
in Slovenia where a possibility for unintentional spread of GM maize exists. The 
results  and  findings  of  the  project  were  presented  to  the  international  public  at 
different  scientific  meetings,  and  two  workshops  were  organized  in  Slovenia 
which  were  attended  by  experts  from  different  state  institutions  responsible  for 
both parts of the project - GMO and plant pathogenic microorganisms. 

Co-Extra FP6-FOOD-2005-7158: GM and non-GM supply chains: their CO-
EXistence  and  TRAceability,  Agricultural  Institute  of  Slovenia,  Hacquetova  17, 
1000 Ljubljana and National Institute of Biology, Večna pot 111, 1000 Ljubljana, 
Institute  Jožef  Stefan,  Jamova  39,  commissioned  by  the  European  Commission. 
Within  the  work  of  Agricultural  Institute  of  Slovenia  in  WP2  (Supply  chain 
analysis,  description  and  modelling),  that  analyses  how  to  facilitate  co-existence 
along  the  feed  and  food  chains  by  characterizing  the  organizational  schemes  of 
supply  chain  product  management  from  the  farm  to  the  fork,  KIS  is  responsible 
for  national  description  of  silage  maize  and  fresh  tomatoes  supply  chains.  The 
work was extended to collect data also for grain maize and potatoes in Slovenia. 
The  aim  of  KIS  work  within  WP4  (Development  of  testing  and  sampling 
approaches)  is  to  develop  a  reliable  sampling  procedure  for  maize  plants  in  the 
field  in  a  situation  of  coexistence  (model  for  fragmented  landscape  with  very 
small  field  sizes).  A  two  year  field  trial  with  two  maize  varieties  differing  in 
kernel  colour  was  designed.  Based  on  the  attributes  describing  the  properties  of 
boundary layer that were measured during the growing period and collected data 
on  outcrossing  rate  a  prediction  model  for  the  spatial  variability  of  outcrossing 
rate  was  developed  using  data  mining  techniques.  The  results  of  the  model  and 
selected  statistical  measures  were  used  for  development  of  different  sampling 
schemes.  Based  on  all  the  results  a  decision  support  system  for  selection  of  the 
most acceptable/reliable sampling procedure will be developed. 

Meglič,  V.  et  al.  2006-2009.  Traceability  of  GM  crops  in  the  food  and  feed 
production (L4-7573-0401-06), Agricultural Institute of Slovenia, Commissioned 
by  the  Slovenian  Research  Agency  and  Ministry  of  Agriculture,  Forestry  and 
Food.  The  objectives  of  the  proposed  research  work  are  to  develop  technical 
guidelines  for  establishment  the  system  of  traceability  and  efficient  sampling 
scheme  for  specific  conditions  of  relative  small  field  size,  from  the  field  to  the 
point  where  the  sample  is  taken  for  the  analysis.  Existing  and  experimental 

EN 

87 

   EN 

 
information gained from this study on gene flow of the GM crops targeted will be 
collated  and  synthesised,  points  of  reducing  risks  during  the  various  post-field 
phases  from  field  to  the  store  will  be  identified  and  evaluated.  Appropriate 
molecular  tools  for  tracing  and  detection  of  GM  crops  will  be  applied  and 
validated. 

Meglič  V.,  2008-2010.  The  influence  of  gene  flow,  genetic  diversity  and 
variability and oilseed rape production technologies on coexistence and fulfilment 
of  requirements  for  sustainable  production.  Commissioned  by  the  Slovenian 
Research Agency and Ministry of Agriculture, Forestry and Food. The results of 
the research will allow an estimation of the effects of gene flow and oilseed rape 
production  technologies  on  the  fulfilment  of  requirements  for  sustainable  and 
health  food  production.  The  project  will  address  the  spatial,  environmental  and 
genetic point of view. From the spatial aspect the project will be analysed on two 
levels, the level of Slovenia and on the level of landscape. The research conducted 
will  be  focused  on  the  spatial  aspect  and  also  on  the  environmental  problems 
related  to  the  gene  flow  in  the  oilseed  rape  production.  Basic  characteristics  of 
oilseed  rape  presence  within  (volunteer  and  feral  populations)  and  outside 
production  areas  (feral  populations),  as  well  as  the  presence  of  seeds  in  the  soil 
seed  bank  will  be  addressed.  This  aspect  will  survey  relationships  between 
environmental  factors  and  factors  influencing  type  of  farming  (agrotechnical 
measures).  The  environmental  aspect  will  address  appearance  of  volunteer  and 
feral  populations,  their  influence  on  the  soil  seed  bank  and  on  their  growth  and 
development in subsequent generations. The influence of the past and present type 
of production on the gene flow between different oilseed rape populations as well 
as the exchange and transfer of genes from wild relatives in natural environment 
will be discussed. The research will enable development of co-existence strategy 
of  different  ways  of  oilseed  rape  production  on  the  territory  of  Slovenia 
(conventional,  GM  and  biological)  as  well  as  the  development  of  a  strategy 
needed  for  the  preservation  of  biodiversity  of  wild  oilseed  rape  relatives  in 
Slovenia. The research project will be carried out in co-operation with the Jožef 
Stefan Institute. 

Vozlič  J  (2008)  Traceability  of  oil  seed  rape  plants  across  the  Slovenian 
roadways  Agriculture  institute  of  Slovenia,  Hacquetova17,  1000  Ljubljana, 
commissioned  by  Ministry  of  Agriculture,  Food  and  Forestry.  The  samples  of 
oilseed rape grown near roadways will be taken and the analysis on GMO will be 
made. 

In Slovenia also the annual monitoring on GM food, feed and seed is done. 

EN 

88 

   EN