Katja Rath (Ass. iur.) – Biofuel Workshop Wuhan 2009 The Biofuel´s Trojan Horse: GMO & their Regulation

2 Outline  Biofuel in Numbers  Incentive System & Effects  GMO through the Backdoor  GMO Regulation in Europe  Biofuel Regulation in Europe  Outlook

Share of Renewable Energies in the World

Global Production of Ethanol for Fuel Purposes biogas plants biogas plants

5 Incentive System Europe  Renewable Energy Directive 2009/28/EC (Art. 3) Aims for 2020: 10 % share of renewable energies within transport sector  $$ from the EU (Common Agriculture Policy-CAP) Germany  Art. 37a Immission Control Act >binding targets for the increased share of Biofuel each year  Art. 50 Energy Tax Act > provides tax relief to companies  $$ from the Renewable Energy Incentive Program

6 USA U.S. Energy Independence and Security Act 2007 (EISA) Aim „Twenty in Ten“  Reducing the dependence on foreign oil by 20% in the next 10years  15% share of biofuels in 10 years Brazil National Ethanol Program 1975 About 70 % of the entire fleet ran on ethanol in the 1980ies 5 % share of biodiesel in 2013 South Africa 4,75% share of biofuel…now 2 % India, Indonesia …. Currently working on action plans for renewable energies OECD:USA and EU are geographically incapable of fulfilling quotas with their own agriculture

7 CONSEQUENCE

8 How to fulfill the Quota? 1) Increase land usage  competition with food  limited space 2) Increase the benefit of plants > GMO a) plants will have higher yield b) advantage while processing the plant into biofuel A GMO is an organism whose genetic materialorganismgenetic has been altered using genetic engineering techniques.genetic engineering DNA molecules from different sources are combined into one molecule to create a new set of genes.

9 Research on gm-plants for energy purposes Influencing the process on the field  Postponing the cessation of cell division (Targeted Growth Inc.) > increase seed size, the rate of germination, the root mass and the like (Canola, Maize, Soy Beans)  Tolerance to drought, freeze, marginal soils (Mendel Biotechnology) > escape the physiological limitations to grow on not used soils

10 Influencing the processing of the plant  Increased cellulose content (BASF) > higher yield of cellulose (“Amflora Potato“/ “Energycane”)  Modifying enzymes which assist in the process of decomposition > simplifying the production of ethanol ( “Event 3272” Maize)  Higher sucrose share (CTC University in Brazil) > double the yield of ethanol per hectare (Sugarcane)  Increased oil content (Renessen-Monsanto “Mavera“ Maize)) > enhances ethanol production  Huge potential for commercial cultivation in the next 10 years (WBGU 2008)

11  Less dependence on oil…  Less fertilizers are needed (but IAASTD 2008)  Less virgin land will be transformed  Monocultures by less various plants (loss of habitats, soil erosion)  Removal of residues will require use of nitrate fertilizers  Grassland / virgin land transformation  Risk for non target organisms  Resistance and “Superweeds”  Brutalization / out crossing of genes Negative effectsPositive effects

12 The Legal Framework: Multi-Level-Governance International Law: Convention of Biological Diversity >Cartagena Protocol European Community Law: Art. 4 Directive 2001/18/EC German Federal Law:Genetic Engineering Act § 14 GenTG “…permit required for the Placing on the market of a GMO” “...all appropriate measures are taken to avoid adverse effects on…the environment…” “…control the risks associated with the release of GMO…“

13 Laboratory Potential Harm to Biodiversity Process to obtain a “Placing on the Market“- Permit t Contained Systems Greenhouse Exper. Release Market Placement

14  Precautionary Principle  Process Approach (vs. Product Approach)  Case-by-case and step-by-step Procedure When do I need a “Placing on the Market“ Permit ? 1) Cultivation in Europe Directive 2001/18/EC 2) Import as augmentable GMO to process (harvested plant) Regulation EC/1946/2003 “transboundary movement” 3) Import to produce food and feed, Regulation EC/1946/2003 EU-Regulation on GMO: Approach

15 Conclusion on GMO-Regulation  CBD and Cartagena Protocol require all contracting states to assess risk (but no execution rules)  No cultivation of gm-energyplants in Europe yet, but application for the import of augmentable plant maize  Import of products (biodiesel/ethanol) made from gm-plants not regulated under GMO-Regulation  GMO-Regulation is not the right forum to regulate Cultivation outside of Europe AGAIN: The strict European regulation on GMO is bypassed by the import of products made from GMO

16 Biofuel Regulation: Sustainability Criteria  Renewable Energy Directive 2009/28/EC Art. 17 I-V „ Irrespective of whether the raw materials were cultivated inside or outside the territory of the EC, energy from biofuels shall be taken into account if… 1) The greenhouse gas emission savings from the use of biofuels…shall be at least 35 % 2) Sustainability criteria > no use from primary forests, highly biodiverse grasslands, wetlands… BUT: No Regulation of GMO

17 Conclusion  GMO-Regulation is not the right forum to regulate Cultivation outside of Europe > Biofuel Regulation  Target conformance and tax relief using biofuel should be dependent on sustainability criteria: 1) Good agricultural practice e.g. Implementation of minimum distances between GM- fields and conventional, organic or protected nature areas 2) Cultivation of gm-plants only after comparable risk assessment e.g. Impact on non-target organisms, vertical and horizontal gene transfer

Thank you. Directive 2009/28