Welsh Euro-MP Jill Evans will chair a public debate in the European Parliament on Monday (21st January) which will look at two major concerns highlighted during the GM crop trial protests in Wales last year.

Campaigners in Flintshire, Pembrokeshire and further afield feared that trialing GM crops in Wales would cause GM contamination and raise serious problems around patent infringement.

The conference will hear evidence from Canadian farmer Percy Schmeiser whose oilseed rape crop was found to be contaminated with patented genes. The patent holder, Monsanto Canada, successfully sued Mr. Schmeiser for illegally using its patented invention. U.S. farmers Tom and Gail Wiley will tell how their crop of conventional soya beans was found to be unknowingly contaminated with GM soya, resulting in lost contracts to sell identity-preserved soya.

Speaking from Brussels Ms Evans, who is leader of Plaid Cymru the Party of Wales in the European Parliament, said:

"This is a bizarre situation. Everybody would expect that conventional or organic farmers whose harvest has been contaminated by GMOs should be able to claim compensation for any financial losses they suffer. In fact, the legal situation seems to be quite different. This raises particular concerns for farmers producing for the organic or GMO-free markets in Wales.

"It also seems that companies may, on the basis of their GM crop patents, prevent farmers from replanting seeds which are contaminated by a patented GM crop. Farmers who refuse to do so would obviously face massive actions for damages.

"We urgently need legally binding measures which effectively prevent GM contamination and therefore ensure the consumers' and the operators' freedom of choice, i.e. the freedom not to use GMOs. Moreover, the example of Monsanto's action against Percy Schmeiser shows once again that patent law simply does not fit when it comes to living organisms."

Ms Evans will be joined by delegates from Wales at the public debate which is arranged by the Greens/EFA Group in the European Parliament.

DIWEDD/END.

Background Notes

In 1998, patented Roundup Ready genes were found in an oilseed rape crop grown by Percy Schmeiser. The patent holder, Monsanto Canada, subsequently successfully sued Mr. Schmeiser for illegally using its patented invention, although Mr Schmeiser argued that there was clearly no intention to infringe the patent.

Justice William McKay of the Federal Court of Canada held, that "it is well settled that infringement is any act which interferes with the full enjoyment of the monopoly rights of the patentee (...). Further, intention is immaterial, for "infringement occurs when the essence of an invention is taken", regardless of the intention of the infringer."

Consequently, the judge said that a "farmer whose field contains seed or plants originating from seed spilled into them or blown as seed from swaths from a neighbour's land or even from germination by pollen carried into his fields from elsewhere by insects, birds or by the wind, may own the seeds or plants on his land even if he did not set about planting them. He does not, however, own the right to the use of the patented gene, or the seed or plant containing the patented gene or cell". This ruling, in effect, means that farmers whose crops have been contaminated by patented GM seed forfeit the right to their harvest and to save seed for replanting. In addition, because inevitable seed residues cannot be easily removed, their land becomes unsuitable for non-GM crops. This presents particular problems for farmers producing for the organic or GMO-free markets.

Tom and Gail Wiley own a combined arable/livestock farm in central North Dakota. The farm is planted with wheat, soya and maize. They are members of the Dakota Resource Council, a group of North Dakota citizens, both farmers and non-farmers, which is active in protecting the natural way of life. Last year, the DRC spear-headed an attempt to get the North Dakota State Legislature to place a two-year moratorium on the commercial introduction of genetically modified hard red spring wheat (North Dakota's largest cash crop and the centre of the state's economy). In 2000, the Wileys' own crop of conventional soya beans crop was found to be contaminated by GM soya. Consequently, the Wileys lost their contract to sell identity-preserved soya to Japan, resulting in a financial loss for them of about $10,000.