Polish GM bill 'violates EU regulations'

But despite a similar warning from the European Integration Committee Office - an independent office within the Polish government - the bill, which was sent to the Senate for consideration after the ban was first proposed in the lower house, is likely to be passed.

This is no ordinary piece of legislation. According to the GAIN report, it features a number of changes made to a draft bill that was originally submitted by the Ministry of Agriculture.

The ministry's proposals would have brought Polish regulations into compliance with EU biotech regulations. Ironically, the changes mean that the new legislation will likely be in conflict with global trade rules.

A landmark WTO decision in February ruled that the EU and six member states broke trade rules by barring entry to GM crops and foods.

By agreeing with the United States, Argentina and Canada that an effective moratorium on GM imports between June 1999 and August 2003 had been put in place, the ruling effectively opened up the European market to GM food.

According to the GAIN report, Poland's leading politicians have been divided over the bill. Prior to the Senate vote, nine senators, under secretary of agriculture Chrapek, who holds the biotech portfolio at the ministry of agriculture, participated in heated discussions.

Undersecretary Chrapek, senate agriculture committee chairman Chroscikowski and one other senator supported the ban. The remaining senators however were opposed, arguing that biotech products were not less safe than traditional or organic products, an opinion voiced by the biotech industry.

In addition, they argued that the ban would be a step back for Polish scientific research, and that this piece of legislation was clearly politics over science.

The opinion of the Senate's legal office that the legislation would violate EU regulations raised some concerns, but not enough to prevent Senate approval. Due to some minor changes to other parts of the legislation, the draft was returned to the lower house for final approval.

A public appeal to defeat the ban by several leading Polish scientists, was not enough to prevent final passage. The bill now goes to the President for signature.

This will be the fifth time the Polish government has implemented legislation that violates EU regulations. Polish farmers are currently not planting biotech seeds, primarily, says the USDA, because of government opposition to biotechnology and the lack of economically advantageous varieties.

The USDA adds that while the new legislation will not ban planting biotech varieties, it could dissuade farmers from doing so.

However, the agency argues that many local farmers would use biotech seeds if economically advantageous varieties were available. Several Bt corn varieties of potential interest to Polish farmers have recently become available.