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DEAT PERSPECTIVE ONGENETICALLY MODIFIEDORGANISMS
31 JULY 2007
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OVERVIEW OF PRESENTATION
•National Environmental Legislationoverview
–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 themregulatory challenges
•DEAT using a precautionary approach toreleases into the environment in line withNEMA principles
•Decision making on GMOs presentsexample of cooperative governance inoperation- DEAT, DoA, DST, DTI, DoH,DoL
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National EnvironmentalManagement Act of 1998
–To provide for cooperative environmentalgovernance by establishing principles fordecision making on matters affecting theenvironment
–To provide for the prohibition, restriction andcontrol of activities which are likely to have adetrimental 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 intoaccount the impact of decisions on all people, as well aspromote participation of interested and affected parties,take place openly and transparently, and be appropriatein relation to the assessment of social, economic andenvironmental costs and benefits.
•NEMA contains provisions which set out therequirements for integrated environmental management
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NEMBA
•Purpose
–Provide for the management andconservation of biodiversity within theframework of NEMA;
–The protection of species and ecosystems;
–Sustainable use of indigenous biologicalresources.
–Fair and equitable sharing of benefits arisingfrom bioprospecting of indigenous biologicalresources.
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NEMBA – GMO Provisions
•Chapter 2 (SANBI); Section 11 (1)(b)
SANBI must monitor and report regularly to theMinister on the impacts of any geneticallymodified organism that has been released intothe environment, including the impact on non-target organisms and ecological processes,indigenous biological resources and thebiological diversity of species used foragriculture.
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NEMBA – GMO Provisions
•Chapter 5; Section 78
If the minister has reason to believe that therelease (trial or general release) of a GMO intothe environment under a permit applied for interms of the GMO Act may pose a threat toany indigenous species or the environment, nopermit for such a release may be issued interms of this Act unless an EIA has beenconducted in accordance with Chapter 5 ofNEMA as if such release were a listed activitycontemplated in that chapter.
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NEMBA – GMO Provisions
•Chapter 5; Section 78
–The Minister must convey his/her belief to theissuing authority (DoA) before the relevantpermit is decided.
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International Obligations
•South Africa is a party to the Convention onBiological 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 formanagement and control of potentially risky activitiesrelated to GMOs
–3.5.3 Share information and provide support toensure adoption and implementation of highestbiosafety standards to minimise risks associated withGMOs
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Cartagena Protocol on Biosafety
•Objective is to help ensure the safetransfer, handling and use of LMOs thatcould have potential harmful effects onconservation and biodiversity (includinghuman health).
•South Africa acceded to the Protocol in2003
•DEAT National Focal Point
•DoA National Competent Authority
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Key Provisions: CPB
•Advance - and informed - consent by theimporting countries,
•Science-based risk assessments,
•Responsible transport handling and transitpractices, in any transboundary shipment ofLMO’s.
•Capacity building
•Liability and Redress
•Socio economic considerations
•Biosafety Clearing House Mechanisms
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DEAT RESPONSIBILITIES
•Assessing the environmental risk of thecontained use of GMOs
•International negotiations and implementation ofagreed national programmes on theenvironmental safety of GMOs
•Monitoring GMOs released into the environment
•Commissioning and disseminating scientificresearch on environmental aspects of GM
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Perspective on labeling
•Major DEAT involvement is as a result ofthe discussions under the CartagenaProtocol on Biosafety
•DEAT does not have legislative mandateon labeling of GMOs
•DEAT is actively participating in process todevelop identity preservation standards forGMOs produced in South Africa
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Conclusion
•Developing an effective managementframework for GMOs is main priority forbuilding public confidence
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