As well known, farmers in the USA planted for the first time this year an event that still has no approval for import in the EU. This event carries the Unique Identifier DAS 59122-7 and has been developed by Pioneer Seeds and Dow Agrochemicals.

As described in previous circulars, US farmers who bought DAS 59122-7 were advised to channel the harvest from acres planted with Herculex Root Worm Corn (HXRW) to domestic consumption in the US. To control that farmers act accordingly, the members of the Corn Refiners Association (CRA) agreed to test each barge loaded with corngluten feed or distillers dried grain during loading. Only barges tested negative for HXRW will then be loaded to vessels destined for the EU.

This Action Plan was discussed with the EU Commission (DG SANCO) and EU member states in the Standing Committee on Animal Nutrition at the end of September. Both acknowledged the Action Plan and the certification process.

Since October 15, 2006 all vessels that leave the US and are destined for the EU are accompanied by certificates stating that the barges loaded to this vessel have been tested negative.

The event-specific test for HXRW is very sensitive and in principal one molecule can be sufficient to lead to a positive test result. Because of this, many more barges than expected have been tested positive for HXRW and therefore the quantities of feed corn by-products available for shipment to the EU are currently considerably smaller than in the past.

The reason for this is first of all linked to the way the test method for HXRW has to be applied. Although the method has been validated by the EU’s Joint Research Center (JRC) and the Community Reference Laboratories (CRL) at a limit of detection of 0.1%, an accredited lab needs to report positive test results even if the amount of DNA quantifiable is below the limit of detection of 0.1%. If labs do not proceed according to this ISO standard they risk loosing their accreditation.

In essence, for the time being exporters and importers need to apply a zero tolerance for HXRW. This is certainly what the GM Food & Feed Regulation 1829/2003 demands. However, it is a real surprise that the detection limit can no longer be applied (to a large degree a consequence of the developments around LL Rice).

Due to the relatively high number of positive results, the risk to export corngluten feed and DDG from the US to the EU has increased tremendously and US processors and exporters are currently considering if exports continue to be a viable economic option.

To avoid a considerable slow-down in EU imports, COCERAL and FEFAC jointly will discuss the issue with the Cabinet of Commissioner Kyprianou on 27 November to seek clarification as regards the EU policy in terms of risk-based policy and application of the limit of detection. We will also seek advice concerning the steps to be taken by the trade, the industry and the EU authorities to re-establish legal certainty regarding imports of maize by-products from the new harvest.

We will keep you informed about any further development and especially on the outcome of the meeting with the Cabinet.

For further developments in news concerning genetically modified maize products, watch this space!