PARLIAMENTARY HEARING ON THE GMO AMENDMENT BILL
17-19 JANUARY 2006
SUMMARY OF COMMENTS/CONCERNS

The relevant submissions in which the concerns listed below are indicated in brackets behind the concern.

Paragraph 1:
Clause 1 - Section 1 of the Bill - Definitions

"activity" (14)
The current definition excludes a reference to the "use" of a GMO.

"biosafety" (1, 6, 14)
Risk must be related to the activity as well as to the GMO per sé.
Definition must include reference to the GMO as well.
There is no such thing as zero risk. One can only take measures to minimize and manage potential risk
Can risk be totally avoided?

"contained use" (1, 14)
Movement and storage are included, making it unscientific
What about the genetic constructs (including "naked DNA" used to develop a GMO?
How will the containment levels be defined?
Definition should include both contact and impact on the external environment, and not just one or the other.
What is the meaning of external environment?

"commodity clearance" (5, 14)
Refers to direct release into the environment – this phrase is undefined and creates confusion as it is unclear how this relates to the definition of release.
What is the difference between commodity clearance and general release?
What about GMO’s that are not approved but are imported into SA?

"environmental impact assessment" (1, 14)
Similar concern raised as with biosafety – assessment must be done for GMO as well and not just on impact of activities with GMO’s.

"extension permit" (12)
Does not allow for review of new information

"release" (14)
Should mean a release of a GMO
Inconsistencies with regard to singular and plural use of GMO’s
Inconsistencies with regard to "release" and "introduction"

"protocol"
Take out "on biological diversity"
Insert 2003, "a copy of the protocol is attached for information purposes in the annexure"

"transboundary movement" (6)
"beyond the boundaries" does not make sense as this could also mean the boundaries within SA.
Must cover movement from one country to another.

Paragraph 2:
Clause 2 - Section 3 of the Bill – Executive Council

No concerns raised on this clause.

Paragraph 3:
Clause 3 - Section 4 of the Bill – Objectives of the Council

No concerns were raised on this clause.

Paragraph 4:
Clause 4 - Section 5 of the Bill – Powers and duties of the Council

Self-regulation/risk management (1, 14)
No direct legal obligation on the applicant to comply with permitting requirements;
Self-regulation of GMO activities in facilities and releases.
Risk assessments are not subjected to independent reviews.
The Bill does not impose a direct legal obligation on the applicant to comply with the requirements.
Should not make reference to "potential benefits (1)
Not sufficient public input (1, 23)
discretionary power of Council to consider public input – no guidance on how and when
Precautionary approach not explicitly indicated in the Bill (1, 14, 23, 24, 29)
Regulation 3(2) does not satisfactory to address the precautionary approach as defined in the Protocol.
Absence of provisions regarding the advance agreement procedure (14)
Council approval required for use of facilities (6, 7, 30)
Academic institutions will not be able to comply with this requirement.
What will the implications be if there is a change in the research being conducted? Will this not lead in a time delay with regard to continuation of the research as approval is awaited from the Council.
Does not address international exchange of experimental material
Bill emphasizes a scientific approach towards risk assessment and decision-making (12, 7, 8, 14, 23, 24, 30)
What happens to environmental, socio and economic factors?
Bill does not stipulate the conditions under which environmental, socio and economic impact assessments will be required.
No guidance given on content of the different type of assessments
Total exemption from EIA requirements for activities that has no environmental impact
Duplication of regulatory requirements
Can a decision taken by the Council be overruled by NEMA afterwards?
Review of decisions (1)
no provision made for the public to trigger a review of a decision
Sections 5(g) to 5(j) – submissions (7, 8, 26)
Referring significant unnecessary responsibility to SA government
Section 5(m) – submission (7, 8, 26)
Creates unnecessary responsibility to SA government.
Transparency of the system - no interaction and feedback (14)
Lack of guidance for the applicant, although it allows for guidelines to be developed. Should be adapted to NEMA and NEMBA (23).
Guidelines not made available to the public (14)

Paragraph 5:
Clause 5 - Section 7 of the Bill – Meetings of the Council

Decisions should be based on consensus of all members present at meeting and not all members. (6, 8, 13)

Paragraph 6:
Clause 6 - Section 9 of the Bill – Functions of the Registrar

Registrar has too many (unfettered) powers.(1, 14)
Previously all functions by the Registrar were subject to the Council. Now some functions are not subjected to the instruction of the Council. (14)
Extension permits – issue out of own accord and with no oversight or insight by the Council (1, 14)
Issue extension permit to extent the time period for activities and this must be placed on website. (14)
Does not allow for review of new information on a GMO. (12)
No provision in Bill for reporting to Council on actions taken on possible contraventions (14)

Paragraph 7:
Clause 7 - Section 10 of the Bill – Advisory Committee

On what criteria are members of the Advisory Committee selected? (12)
Once they are appointed by the Minister, they are no longer independent. (12)
Why are there specific provisions made for an environmental expert (ecologist) and a health expert on the AC, but not a socio-economic expert? (6)
Make available to the public the members appointed on the Advisory Committee. (1)

Paragraph 8:
Clause 8 - Section 11 of the Bill – Functions of the Committee

Is the scientific data submitted by applicants independently reviewed? (23)

Paragraph 9:
Clause 9 - Section 12 of the Bill – Funding

No concerns were raised on this clause.

Paragraph 10:
Clause 10 - Section 15 of the Bill – Inspectors

The Bill is too reliant on self regulation by industry. (14)
There is a lack of monitoring? (14)
What are the qualifications of the inspectors? Are they trained to do all types of inspections? (6)

Paragraph 11:
Clause 11 - Section 17 of the Bill – Determination of risks and liability

SA cannot just accept what the outcome of the negotiations of the Protocol in on this matter. (6, 26)
There is no provision made for redress. (1)
Researchers and small-scale farmers are held liable and not the manufacturers or producers of the GMO.(1, 7, 8, 17)
No provision made for rehabilitation (14)

Paragraph 12:
Clause 12 - Section 18 of the Bill – Confidentiality

What information can be held back as confidential? (1, 18)
The amount and type of information that are provided to the public. (1)
Not sufficient disclosure of information to the public. (1, 23)
Companies give carte blache on what information can be withheld from the public. (1)

Paragraph 13:
Clause 13 - Section 19 of the Bill – Appeals

Time periods not stipulated for the Board to convene and consider information (4, 13)
Time period not stipulated for Minister to convey further actions to be taken.(4, 6, 13)
No criteria with regard of type of information to be considered by appeal board. Appeal board should also consider information pertaining to socio-economic impacts and information on environmental impact assessments.(14)
Inclusion of consideration of potential benefits, cost-benefit analysis, and minimising significant negative impact, when making a decision. (1)

Paragraph 14
Clause 14 - Section 20 of the Bill – Regulations

Minister should not have sole discretion in determining when and what information would constitute a risk assessment, EIA and socio-economic impact assessment. (14)

Paragraph :15
Clause 15 - Section 21 of the Bill – Offences and Penalties


What are the responsibilities of users within SA and abroad? (7,8,26)

Paragraph 16:
Clause 16 – Long title of Act 15 of 1997

Should make specific reference to the Protocol and other international agreements (14, 7)