DEAT PERSPECTIVE ON GENETICALLY MODIFIED ORGANISMS

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DEAT PERSPECTIVE ON GENETICALLY MODIFIED
ORGANISMS 31 JULY 2007
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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

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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

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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

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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

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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.

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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.

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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.

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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.

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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

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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

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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
  LMOs.
• Capacity building
• Liability and Redress
• Socio economic considerations
• Biosafety Clearing House Mechanisms

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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

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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

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Conclusion

• Developing an effective management framework for
  GMOs is main priority for building public
  confidence

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THANK YOU