1. 1 DEAT PERSPECTIVE ON GENETICALLY MODIFIED ORGANISMS 31 JULY 2007

2. 2 OVERVIEW OF PRESENTATION National Environmental Legislation overview –NEMA Framework –NEMBA Overview of International Obligations –Convention on Biological Diversity –Cartagena Protocol on Biosafety Environmental issues addressed Perspective on labeling

3. 3 Introduction New technologies bring with them regulatory challenges DEAT using a precautionary approach to releases into the environment in line with NEMA principles Decision making on GMOs presents example of cooperative governance in operation- DEAT, DoA, DST, DTI, DoH, DoL

4. 4 National Environmental Management Act of 1998 –To provide for cooperative environmental governance by establishing principles for decision making on matters affecting the environment –To provide for the prohibition, restriction and control of activities which are likely to have a detrimental effect on the environment

5. 5 NEMA Principles NEMA stipulates a ‘risk-averse and cautious approach’ to avoid, minimize or remedy the disturbance of eco- systems and loss of biological diversity. Environmental management decisions should take into account the impact of decisions on all people, as well as promote participation of interested and affected parties, take place openly and transparently, and be appropriate in relation to the assessment of social, economic and environmental costs and benefits. NEMA contains provisions which set out the requirements for integrated environmental management

6. 6 NEMBA Purpose –Provide for the management and conservation of biodiversity within the framework of NEMA; –The protection of species and ecosystems; –Sustainable use of indigenous biological resources. –Fair and equitable sharing of benefits arising from bioprospecting of indigenous biological resources.

7. 7 NEMBA – GMO Provisions Chapter 2 (SANBI); Section 11 (1)(b) SANBI must monitor and report regularly to the Minister on the impacts of any genetically modified organism that has been released into the environment, including the impact on non- target organisms and ecological processes, indigenous biological resources and the biological diversity of species used for agriculture.

8. 8 NEMBA – GMO Provisions Chapter 5; Section 78 If the minister has reason to believe that the release (trial or general release) of a GMO into the environment under a permit applied for in terms of the GMO Act may pose a threat to any indigenous species or the environment, no permit for such a release may be issued in terms of this Act unless an EIA has been conducted in accordance with Chapter 5 of NEMA as if such release were a listed activity contemplated in that chapter.

9. 9 NEMBA – GMO Provisions Chapter 5; Section 78 –The Minister must convey his/her belief to the issuing authority (DoA) before the relevant permit is decided.

10. 10 International Obligations South Africa is a party to the Convention on Biological Diversity Developed NBSAP as part of obligations NBSAP includes environmental biosafety issues: –3.5.1 Ensure institutional co-operation and co- ordination to deal with potential risks from GMOs –3.5.2 Develop and implement effective measures for management and control of potentially risky activities related to GMOs –3.5.3 Share information and provide support to ensure adoption and implementation of highest biosafety standards to minimise risks associated with GMOs

11. 11 Cartagena Protocol on Biosafety Objective is to help ensure the safe transfer, handling and use of LMOs that could have potential harmful effects on conservation and biodiversity (including human health). South Africa acceded to the Protocol in 2003 DEAT National Focal Point DoA National Competent Authority

12. 12 Key Provisions: CPB Advance - and informed - consent by the importing countries, Science-based risk assessments, Responsible transport handling and transit practices, in any transboundary shipment of LMO’s. Capacity building Liability and Redress Socio economic considerations Biosafety Clearing House Mechanisms

13. 13 DEAT RESPONSIBILITIES Assessing the environmental risk of the contained use of GMOs International negotiations and implementation of agreed national programmes on the environmental safety of GMOs Monitoring GMOs released into the environment Commissioning and disseminating scientific research on environmental aspects of GM

14. 14 Perspective on labeling Major DEAT involvement is as a result of the discussions under the Cartagena Protocol on Biosafety DEAT does not have legislative mandate on labeling of GMOs DEAT is actively participating in process to develop identity preservation standards for GMOs produced in South Africa

15. 15 Conclusion Developing an effective management framework for GMOs is main priority for building public confidence

16. 16 THANK YOU