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Library: Environmental risk disharmonies of European biotechnology
regulation

Les Levidow, Susan Carr and David Wield Centre for Technology Strategy,
Open University, Milton Keynes MK7 6AA, UK
ABSTRACT

Since the 1980s, there has been a public controversy over the risks of
biotechnology. In response to this legitimacy problem, the European
Community adopted uncertainty-based legislation; the Deliberate Release
Directive 90/220 provided a common framework for regulating releases of
genetically modified organisms (GMOs). The Directive aimed to 'establish
harmonized procedures and criteria', especially for Europe-wide approval of
commercial products. In practice, however, member states have given
different interpretations to key statutory terms, e.g. 'risk', 'adverse
effects', and the 'step-by-step' principle. Moreover, each marketing
application has led to disputes over which potential effects must be
prevented, as well as over product labelling. Often at issue is the
prospect that transgenic crops may adversely pre-empt or encourage changes
in agrochemical usage. In that regard, risk assessment rests upon normative
judgements about what modes of crop protection are acceptable or even
desirable. Presumed benefits of products have no agreed criteria, yet may
influence working definitions of environmental harm. In all these ways,
safety decisions cannot avoid an implicit technology assessment on product
design, and thus on the R&D trajectory of agricultural biotechnology. Such
implicit judgements give rise to European disharmonies of environmental
risk. Thus precautionary regulation bears the difficult burden of the
legitimacy problems that it was designed to overcome.

Biotechnological 'risk' as a legitimacy problem
Since the 1980s there has been a wide-ranging risk debate over
biotechnology - in particular, over genetically modified organisms (GMOs)
which are designed for commercial use in the environment. Public concerns
have included: ethical qualms about 'interfering with nature',
environmental harm from the early trial releases, long-term effects on
agriculture, and the commercial motives of the agrochemical companies
involved. An underlying issue has been biotechnologists' stated aim of
industrializing agriculture, i.e. treating nature as a 'bioreactor' whose
industrial efficiency must be optimized.  For all those reasons,
biotechnology has faced a legitimacy problem. According to
biotechnologists, they merely correct genetic deficiencies, thus
supplementing or improving natural processes; they promise
environment-friendly products for benignly protecting crops, even for
'feeding the world'. According to some critics, however, the most likely
products will aggravate the familiar problems of intensive agriculture and
technological dependency.  The wider public debate has featured
incompatible concepts of 'risk'. For proponents, society is at risk of
failing to reap the cornucopian benefits of biotechnology. For some
critics, society is at risk from biotechnology, whose development
marginalizes or even precludes beneficial alternatives. Each concept of
'risk' includes its own concept of benefit, with a particular account of
nature and society. In these ways, the risk debate has served as an
implicit technology assessment of a potential model for the future.  When
scientists entered the public debate, they disagreed about what
knowledge-base is necessary for assessing the environmental risks.
Molecular biologists have portrayed GMOs as familiar products and thus as
predictable, even as inherently safe. Ecologists have tended to regard the
genetic novelty of GMOs as a source of environmental unpredictability; they
have emphasised the need for careful safety testing and for better
ecological knowledge. Some have warned that inserted genes might
inadvertently confer a selective advantage, by analogy to the behaviour of
some non-indigenous organisms entering a new environment. Along with
environmentalists, some scientists have warned that GMO products could
impose a genetic treadmill, by analogy to the chemical treadmill of
pesticides that have generated selection pressure for resistant pests
(Levidow and Tait, 1991).  Given the substantial overlap between public and
scientific concerns about risk, biotechnology proponents foresaw political
dangers from open debate. For example, some government regulators and
advisors expressed concern that scientific disagreements "could be
amplified and misunderstood in public opinion" (OECD, 1989). Yet
environmental NGOs have understood such disagreements - perhaps all too
well. In this context, safety regulation has had the implicit role of
managing public debate. Regulators have sought ways to translate the risk
debate into scientific terms, while separating risk assessment from any
broader technology assessment. Let us examine the new legislative framework
for doing so.

Uncertainty-based regulation
In response to the risk debate, the European Community enacted the
Deliberate Release Directive 90/220. This legislation was precautionary, by
virtue of preventing hazards not yet documented for GMOs (Tait and Levidow,
1992). It was based on a qualitative uncertainty about cause-effect models
of harm, rather than upon 'risk' as a quantifiable harm.  In its Preamble,
the Directive cited the potential for organisms to cause 'irreversible'
effects on the environment (EEC, 1990). It provided a framework for
clarifying uncertainty about risk - or rather, about potential effects that
might constitute or lead to environmental harm. As a policy document later
explained the uncertainty, "there are concerns that this new technology
might entail potential risks..." (CEC, 1993).  As well as preventing
environmental harm, the Directive was intended to "establish harmonized
procedures and criteria", especially for market approval of products (EEC,
1990). It aimed to 'complete the internal market' by avoiding trade
barriers; it modestly sought 'mutual recognition of data' among European
countries, rather than uniform 'standards'. In practice, however, mutual
recognition has proved difficult. The Directive left open the meaning of
key terms such as 'risk', 'adverse effects', and the 'step-by-step'
principle -- which have been interpreted differently by various national
authorities.  'Risks': According to the Directive, for each proposed
release, regulators must "evaluate the risks posed by the release". In
practice, national regulators evaluate an uncertainty about risk and do so
in diverse ways. France emphasises the 'risk' of genetic imprecision;
French regulators seek to minimize environmental uncertainty, by requiring
that GMOs be precisely constructed and characterized. The UK investigates
'perceived risks' or 'potential hazards', while attributing this
uncertainty to the genetic novelty of a GMO. Denmark considers the ultimate
effects of using a commercial product, even at the stage of the earliest
small-scale trial releases. Thus member states emphasise different sources
of environmental uncertainty.  'Adverse effects': According to the
Directive, member states must take all appropriate measures 'to avoid
adverse effects to human health and the environment' from GMO releases. The
Directive did not specify what effects would be deemed harmful, nor the
extent of causal chains to be included in the risk assessment. In
discussing risks, an earlier report mentioned the scenario that a
transgenic plant might intensify selection pressure for pesticide-resistant
pests, by analogy to the 'pesticide treadmill' already documented for
chemical-intensive agriculture (Mantegazzini, 1986). Member states have
disagreed over whether a 'genetic treadmill' would count officially as an
'adverse effect'.  'Step-by-step' principle: According to the Directive:
"When increasing scale or decreasing containment, a release may be approved
only if the evaluation of earlier steps indicate that the next step can be
taken." In this way, the Directive codified an international agreement:
that GMO releases should follow "a logical, incremental, step-wise process,
whereby safety and performance data are collected" (OECD, 1986). However,
it was later acknowledged that this process had scientific limitations: 'In
biosafety terms, it is clear that the amount of useful information gained
from the releases to date has been limited. The releases have in effect
been "field containment" rather than true releases' (OECD, 1993). Member
states have disagreed over how safety could be tested safely, and therefore
whether commercial use would be the final 'step' - or simply a larger
experiment.

EU-level disharmonies and ambiguities
Given that European countries have interpreted key statutory terms in
different ways, safety approvals for commercial products have encountered
long delays. The EC Directive established a procedure whereby the applicant
requests approval in one member state, which may then act as the lead
country in proposing approval throughout the European Community (expanded
to the European Union in 1995). This procedure was designed to accommodate
any concerns within a Europe-wide decision. However, every marketing
application has met objections from at least one country, often on grounds
that the product could adversely affect agrochemical usage, as a relevant
'secondary effect'.

Defining 'adverse effects'
The EU-level conflicts can be illustrated by two GMO products in
particular. In one case, Plant Genetic Systems (PGS) requested market
approval for a herbicide-tolerant oilseed rape. When the UK recommended
approval, some member states objected that the herbicide-tolerance gene
could spread and generate herbicide-tolerant weeds, thus potentially
restricting future options for weed-control methods and for government
policy (Levidow et al., 1996a,b).  In another difficult case, Ciba-Geigy
requested market approval for a maize plant that contains genes for both an
insecticide (a Bacillus thuringiensis (Bt) toxin) and herbicide-tolerance.
When France recommended market approval, other member states objected on
various grounds, leading to a long dispute (FoEE, 1996, 1997; Johnson,
1996; UBA, 1997). There was concern that product usage could intensify
selection pressure for insects resistant to the naturally occurring Bt
toxin, thus eliminating a safe alternative to chemical pesticides. There
were also concerns about the herbicide implications, as well as about the
health effects of an antibiotic-resistance gene that was used to create the
genetically modified plant.  For both products, member states disagreed on
the statutory relevance of so-called 'secondary effects', e.g. ultimate
environmental effects of changes in agrochemical usage. Proponents of
market approval argued that the Directive encompasses only 'product
safety', i.e. the direct ecological effects of the GMO or its inserted
genes. Other member states emphasised the Directive's requirement that all
appropriate measures be taken 'to avoid adverse effects on human health and
the environment', which they interpreted to encompass agricultural
practices in using the product.  Also in dispute were effects on
agriculture itself. In the PGS case, UK regulators acknowledged some
uncertainty about potential spread of the herbicide-tolerance gene to other
oilseed rape and its weedy relatives, but they judged that this effect
would not harm 'the agricultural environment' because other effective
herbicides were available (ACRE, 1995: 7). In granting market approval, the
European Commission acknowledged the weed-control issue by reiterating the
UK's domestic rationale: namely, "that any spread of transfer of the
herbicide-tolerance gene could be controlled by using existing management
strategies" (EC, 1996).  Beneath the official government stances, there lay
some ambiguity in defining the effects relevant to Directive 90/220. '"weed
is not a problem if you can control it", according to a member of the UK
advisory committee. However, he also acknowledged, "There is a grey area
between safety and agricultural strategy... We think about this grey area
all the time, so as to get a clearer definition of environmental harm"
(interview, June 1995). In such ways, regulators cannot avoid judgements
about strategic advantages or disadvantages of a product; presumed benefits
may influence how regulators define harm. Thus an implicit technology
assessment enters their safety judgement.

Redefining 'steps'
A similar ambiguity about environmental harm arose among French advisors
and regulators. For herbicide-tolerant oilseed rape, the French advisory
committee perceived "no uncertainties about an identified or potential
risk". Rather, it emphasised "unknowns about socio-economic consequences",
i.e. the prospect of generating herbicide-tolerant weeds. Given those
unknowns, the committee recommended that market approval be granted only on
a five-year basis, with mandatory monitoring of commercial usage (Kahn,
1996).  If French advisors perceived no environmental risk at all, then how
could they justify such stringent restrictions? According to the chairman
of the French advisory committee, "The term 'environment' should be
understood in a broad sense: herbicide-resistant weeds can be an
environmental problem for the relevant agrosystem..." (Email interview,
April 1996). Implicitly, 'the environment' was defined more broadly for
post-market monitoring than for the market approval itself. Thus
environmental harm has been flexibly defined, depending upon the 'step' to
be justified.  There are other apparent inconsistencies in interpreting the
'step-by-step principle'. According to a UK regulator, "If the hazard
assessment says that the product is safe..., then there is little point in
monitoring" (interview, April 1995). Nevertheless, after recommending
market approval of the PGS crop, the UK funded large-scale monitoring
(Levidow et al., 1996a: 151).  For Ciba-Geigy's Bt maize, the French
regulators did not require the company to monitor commercial use of the
product. Nevertheless they implied that large-scale releases would be
necessary to provide extra data for an adequate risk assessment; in effect,
they redefined the original 'step-by-step principle'. In these
circumstances, market approval would authorize a large-scale experiment,
especially for the prospect that the product could intensify selection
pressure for resistant insects.  The Bt maize ultimately gained EU-wide
market approval, despite objections from several member states. According
to the official decision, the possible development of insect resistance
'cannot be considered an adverse environmental effect, as existing
agricultural means of controlling such resistant species of insects will
still be available' (EC, 1997). That is, it would be acceptable for farmers
to lose the insecticidal effectiveness of naturally occurring Bt, on
grounds similar to herbicide-tolerant weeds in the PGS case. In this case,
moreover, the official rationale valued organic insecticides no more highly
than genetically modified or even chemical ones. This normative judgement
accepted the genetic-treadmill perspective that guides biotechnology R&D.

Labelling
Market approvals have also provoked disputes about what labelling (if any)
to require. As the prevalent stance among member states, labelling can be
required only 'in relation to the risk assessment' (DGXI, 1995). That is,
labelling cannot be required if the product has been assessed as safe,
regardless of how it is used.  In contrast, some member states have argued
that all genetically modified products should be labelled as such,
regardless of their safety, in order to guarantee consumers' right to know.
Such a requirement would accommodate NGOs, which had demanded that any
novel food be labelled. For example, consumers want adequate information
for exercising the right not to buy food that has been produced from crops
modified to withstand herbicide treatments.  By early 1997, some GMO
products faced consumer boycotts and/or national bans. Soon the European
Commission concluded that market approval of further products would be
unlikely without a labelling requirement, so it proposed to amend the
Deliberate Release Directive accordingly. This requirement was now deemed
necessary to provide consumer choice, as well as to implement the
precautionary principle - e.g. by helping to generate meaningful
risk-assessment data during 'post-release observation' of GMOs, such as
post-market monitoring (European Commission, press statement, 02.04.97). In
that way, a safety rationale was found in order to justify the labelling
requirements that had been previously rejected.  Thus labelling disputes
have rekindled issues that originally arose in the environmental risk
assessment, e.g. as regards defining 'adverse effects' and 'steps'. When
EU-level decisions on market approval excluded 'secondary effects' and/or
accepted the prospect of resistant pests, these environmental concerns were
not resolved but rather displaced to the consumer stage.

Regulatory gap or implicit technology assessment?
Some regulators have acknowledged a 'regulatory gap', given that potential
effects on/of chemical usage lie beyond the administrative boundaries of
both GMO and agrochemical regulation. To call this a 'regulatory gap',
however, wrongly implies that the problem lies beyond risk assessment. On
the contrary, the problem lies within risk assessment (Levidow et al.,
1996a).  When regulators approve a GMO product as safe, regardless of how
it is used, this judgement involves two conflicting assumptions. On the one
hand, it assumes that existing modes of crop protection are acceptable, or
even desirable. On the other hand, it attributes any undesirable effects to
those agricultural practices, rather than to the product as such. This
distinction ignores or even denies the in-built link between the use and
design of a product.  By delinking the product use and design, market
approvals limit official responsibility for potential effects of commercial
agriculture. For genetically modified products, 'risk assessment'
conceptually narrows the range of potential effects that must be prevented,
and whose implausibility must be demonstrated. The more narrow account
takes for granted, for example, a genetic-pesticide treadmill of
technological dependency. In criticizing proposed products, some member
states counterpose criteria of sustainable development, seeking to overcome
such dependency.  When regulators define the relevant 'adverse effects' and
appropriate 'steps', their judgements involve an implicit technology
assessment on the biotechnological R&D trajectory. Some also conceptualize
risk and harm according to presumed advantages or disadvantages of the
product. Such normative judgements were not specified by the Directive but
remain unavoidable when implementing it.  Consequently, the EC framework
has had disharmonious interpretations - which also pose dilemmas. The more
narrowly the procedure defines the statutory remit, the more readily it can
accept the applicant's proposal, yet the less readily it can accommodate
public and scientific concerns. On the other hand, the broader the official
remit, the less readily the procedure can justify market approval,
especially as a final 'step'. Ultimate environmental effects of product
usage are difficult to test in advance, yet post-market monitoring implies
that commercial use is a larger-scale 'experiment'.

Conclusion
Although the European Union has a common legislative framework for
harmonizing biosafety criteria, it faces regulatory disharmonies over key
statutory terms, e.g. 'risk', 'adverse effects', and the 'step-by-step'
principle. Safety regulation faces the awkward task of 'completing the
internal market', amidst diverse models for such a market. EU member states
promote different criteria for accepting biotechnology products as normal
commodities.  Each marketing application has led to disputes over which
potential effects must be prevented, as well as over product labelling.
Often at issue is the prospect that transgenic crops may adversely pre-empt
or encourage changes in agrochemical usage, while perpetuating a
technological dependency. Some crops carry an in-built 'genetic treadmill',
posing problems for farmers and environmental protection. At the same time,
this scenario offers biotechnologists the opportunity of devising new
products to solve the problems created by previous ones.  For all those
reasons, 'risk assessment' rests upon normative judgements about what modes
of crop protection are acceptable or even desirable. Presumed benefits are
also evaluated in diverse ways and may even influence the regulatory
definition of environmental harm. Safety decisions cannot avoid an implicit
technology assessment on product design, and thus on the R&D trajectory of
agricultural biotechnology.  Such implicit judgements give rise to European
disharmonies of environmental risk. Thus precautionary regulation bears the
difficult burden of the legitimacy problems that it was designed to
overcome, and may even perpetuate those problems.

Acknowledgements
This essay arises from two studies: 'GMO Releases: Managing Uncertainties
about Biosafety', funded by the European Commission's DGXII/E-1 during
1994-95; and 'From Precautionary to Risk-Based Regulation: the Case of GMO
Releases', funded by the UK's Economic and Social Research Council during
1995-96.

References
ACRE (1995) ACRE: Annual Report No. 2: 1994/95.  CEC (1993) Towards
Sustainable Development, 5th Environmental Action Programme; also in
Official Journal of the European Communities, C 138, 17 May: 5-98.  CEC
(1994) Biotechnology and the White Paper on Growth, Competitiveness and
Employment - preparing the next stage, EBIS Newsletter 4 (2), 2-5.  CEC
(1996) Report on the Review of Directive 90/220/EEC in the Context of the
Commission's Communication on 'Biotechnology and the White Paper' [CEC,
1994]. Brussels: Commission of the European Communities.  DGXI (1995)
Interpretive Document on the Labelling Requirements under Part C of
Directive 90/220, document XI/655/95, October, typescript.  EC (1996)
Commission Decision 96/158/EC of 6 February 1996 concerning the placing on
the market of a product consisting of a GMO, hybrid herbicide-tolerant
swede-rape seeds, Official Journal of the European Communities, L37, 15
February, 30-31.  EC (1997) Commission Decision 97/98/EC of 23 January 1997
concerning the placing on the market of genetically modified maize,
Official Journal of the European Communities, L31, 1 February, 69-70.  IHE
(1995) Safety Considerations of Herbicide-Resistant Plants to be Placed on
the European Market, 26 January 1994 Workshop Report, Brussels: Institute
of Hygiene and Epidemiology, Health Ministry.  EEC (1990) Council Directive
on the Deliberate Release to the Environment of Genetically Modified
Organisms, Official Journal of the European Communities, L117, 8 May,
15-27.  FoEE (1996) Mailout 2(8), Brussels: Friends of the Earth Europe
Biotechnology Programme (email [EMAIL PROTECTED]).  FoEE (1997)
Mailout 3(1). Brussels: Friends of the Earth Europe Biotechnology Programme
(email [EMAIL PROTECTED]).  Johnson, E. (1996) CIBA faces a maize
of committees in Europe, Nature Biotechnology 14, 1088-1089.  Kahn, A.
(1996) Evaluation du risque et diss�mination volontaire d'organismes
g�n�tiquement modifi�s: l'exp�rience francaise. Natures-Sciences-Soci�t�s
Dialogues, 96/2, 144-145.  Levidow, L. (1995) Agricultural biotechnology as
clean surgical strike. In: Perspectives on the Environment :
Interdisciplinary Research in Action; Vol. 2 [Interdisciplinary Research
Network on the Environment & Society; edited by Elworthy, S.] London:
Avebury, pp. 31-44,  Levidow, L.; Tait, J. (1991) The greening of
biotechnology: GMOs as environment-friendly products, Science & Public
Policy 18, 271-80; reprinted in: Biopolitics: A Feminist and Ecological
Reader on Biotechnology [edited, by Shiva, V. ; Moser, I] (1995) London:
Zed, pp. 121-138.  Levidow, L., Carr, S., von Schomberg, R., Wield, D.
(1996a) Regulating agricultural biotechnology in Europe: harmonization
difficulties, opportunities, dilemmas, Science & Public Policy 23, 135-157.
 Levidow, L., Carr, S., von Schomberg, R., Wield, D. (1996b) Bounding the
risk assessment of a herbicide-tolerant crop. In Coping with Deliberate
Release: The Limits of Risk Assessment [edited by Dommelen, Ad van]
Tilburg, Netherlands: International Centre for Human and Public Affairs,
pp. 81-102.  Mantegazzini, M.C. (1986) The Environmental Risks from
Biotechnology. London: Pinter.  OECD (1986) Recombinant DNA Safety
Considerations. Paris: OECD.  OECD (1989) Biotechnology: Economic and Wider
Impacts. Paris: OECD.  OECD (1993) Safety Considerations for Biotechnology
Scale-Up of Crop Plants. Paris: OECD.  OECD (1995) Commercialisation of
Agricultural Products Derived Through Modern Biotechnology: Survey Results.
Paris: OECD, Environment Monograph No. 99.  Tait, J. ; Levidow, L. (1992)
Proactive and reactive approaches to regulation: the case of biotechnology.
Futures 24, 219-231.  UBA (1997) Technical Aspects of Potential Health and
Environmental Risks Caused by Ciba-Geigy's Genetically Modified Maize,
Vienna: Umweltbundesamt, typescript, 17 January.

Library: Environmental risk disharmonies of European biotechnology
regulation

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