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Land and seed laws under attack as Africa is groomed for corporate recolonization Updated for 2026





A battle is raging for control of resources in Africa – land, water, seeds, minerals, ores, forests, oil, renewable energy sources.

Agriculture is one of the most important theatres of this battle. Governments, corporations, foundations and development agencies are pushing hard to commercialise and industrialise African farming.

Many of the key players are well known. They include the World Bank, the African Development Bank, the United Nations Food and Agriculture Organisation (FAO), the G8, the African Union, the Bill Gates-funded ‘Alliance for a Green Revolution in Africa’ (AGRA), the International Fund for Agricultural Development (IFAD), and the International Fertiliser Development Centre (IFDC).

Together they are committed to helping agribusiness become the continent’s primary food commodity producer. To do this, they are not only pouring money into projects to transform farming operations on the ground – they are also changing African laws to accommodate the agribusiness agenda.

Privatising both land and seeds is essential for the corporate model to flourish in Africa. With regard to agricultural land, this means pushing for the official demarcation, registration and titling of farms. It also means making it possible for foreign investors to lease or own farmland on a long-term basis.

With regard to seeds, it means having governments require that seeds be registered in an official catalogue in order to be traded. It also means introducing intellectual property rights over plant varieties and criminalising farmers who ignore them. In all cases, the goal is to turn what has long been a commons into something that corporates can control and profit from.

Lifting the veil of secrecy

This survey aims to provide an overview of just who is pushing for which specific changes in these areas – looking not at the plans and projects, but at the actual texts that will define the new rules.

It was not easy to get information about this. Many phone calls to the World Bank and Millennium Challenge Corporation (MCC) offices went unanswered. The US Agency for International Development (USAID) brushed us off. Even African Union officials did not want to answer questions from – and be accountable to – African citizens doing this inventory.

This made the task of coming up with an accurate, detailed picture of what is going on quite difficult. We did learn a few things, though.

While there is a lot of civil society attention focused on the G8’s New Alliance for Food and Nutrition, there are many more actors doing many similar things across Africa. Our limited review makes it clear that the greatest pressure to change land and seed laws comes from Washington DC – home to the World Bank, USAID and the MCC.

‘Land reform’ is to benefit investors, not farmers

Land certificates – which should be seen as a stepping stone to formal land titles – are being promoted as an appropriate way to ‘securitise’ poor peoples’ rights to land. But how do we define the term ‘land securitisation’?

As the objective claimed by most of the initiatives dealt with in this report, it could be understood as strengthening land rights. Many small food producers might conclude that their historic cultural rights to land – however they may be expressed – will be better recognised, thus protecting them from expropriation.

But for many governments and corporations, it means the creation of Western-type land markets based on formal instruments like titles and leases that can be traded. In fact, many initiatives such as the G8 New Alliance explicitly refer to securitisation of ‘investors’ rights to land.

So this is not about recording and safeguarding historic or cultural rights, but about creating market mechanisms. So in a world of grossly unequal players, ‘security’ is shorthand for the power of the market, private property and creditors.

Most of today’s initiatives to address land laws, including those emanating from Africa, are overtly designed to accommodate, support and strengthen investments in land and large scale land deals, rather than achieve equity or to recognise longstanding or historical community rights over land at a time of rising conflicts over land and land resources.

Most of the initiatives to change current land laws come from outside Africa. Yes, African structures like the African Union and the Pan-African Parliament are deeply engaged in facilitating changes to legislation in African states, but many people question how ‘indigenous’ these processes really are.

It is clear that strings are being pulled, by Washington and Europe in particular, in a well orchestrated campaign to alter land governance in Africa.

Seed laws based on neoliberal ideologies

When it comes to seed laws, the picture is reversed. Subregional African bodies – SADC, COMESA, OAPI and the like – are working to create new rules for the exchange and trade of seeds. But the recipes they are applying – seed marketing restrictions and plant variety protection schemes – are borrowed directly from the US and Europe.

And the changes to seed policy being promoted by the G8 New Alliance, the World Bank and others refer to neither farmer-based seed systems nor farmers’ rights. They make no effort to strengthen farming systems that are already functioning.

Rather, the proposed solutions are simplified, but unworkable solutions to complex situations that will not work – though an elite category of farmers may enjoy some small short term benefits.

With seeds, which represent a rich cultural heritage of Africa’s local communities, the push to transform them into income-generating private property, and marginalise traditional varieties, is still making more headway on paper than in practice. This is due to many complexities, one of which is the growing awareness of and popular resistance to the seed industry agenda.

But the resolve of those who intend to turn Africa into a new market for global agro-input suppliers is not to be underestimated, and a notable consolidation of seed suppliers under foreign corporate ownership is under way. The path chosen will have profound implications for the capacity of African farmers to adapt to climate change.

Interconnectedness between different initiatives is significant, although these relationships are not always clear for groups on the ground. Our attempt to show these connections gives a picture of how very narrow agendas are being pushed by a small elite in the service of globalised corporate interests intent on taking over agriculture in Africa.

New Alliance for Food Security and Nutrition

“The 50 million people that the G8 New Alliance for Food Security and Nutrition claims to be lifting out of poverty will only be allowed to escape poverty and hunger if they abandon their traditional rights and practices and buy their life saving seeds every year from the corporations lined up behind the G8”, warned Tanzania Organic Agriculture Movement in September 2014.

Launched in 2012 by the G8 industrialised countries – Canada, France, Germany, Italy, Japan, Russia, UK and US – the aim of the gtrandly titled G8 New Alliance for Food Security and Nutrition is in fact to mobilise private capital for investment in African agriculture.

To be accepted into the programme, African governments are required to make important changes to their land and seed policies. The New Alliance prioritises granting national and transnational corporations (TNCs) new forms of access and control to the participating countries’ resources, and gives them a seat at the same table as aid donors and recipient governments.

As of July 2014, ten African countries had signed Cooperative Framework Agreements (CFAs) to implement the New Alliance programme: Benin, Burkina Faso, Côte d’Ivoire, Ethiopia, Ghana, Malawi, Mozambique, Nigeria, Senegal and Tanzania.

Under these agreements, these governments committed to 213 policy changes. Some 43 of these changes target land laws, with the overall stated objective of establishing “clear, secure and negotiable rights to land” – tradeable property titles.

The New Alliance also aims to implement both the Voluntary Guidelines (VGs) on ‘Responsible Land Tenure‘ adopted by the Committee on World Food Security in 2012, and the ‘Principles for Responsible Agriculture Investment‘ drawn up by the World Bank, FAO, IFAD and UN Conference on Trade and Development. This is considered especially important since the New Alliance directly facilitates access to farmland in Africa for investors.

New Alliance pushing seed ‘reform’

As to seeds, all of the participating states, with the exception of Benin, agreed to adopt plant variety protection laws and rules for marketing seeds that better support the private sector.

Despite the fact that more than 80% of all seed in Africa is still produced and disseminated through ‘informal’ seed systems (on-farm seed saving and unregulated distribution between farmers), there is no recognition in the New Alliance programme of the importance of farmer-based systems of saving, sharing, exchanging and selling seeds.

African governments are being co-opted into reviewing their seed trade laws and supporting the implementation of Plant Variety Protection (PVP) laws, as has been seen in Ghana where farmers have risen up against the changes.

The strategy is to first harmonise seed trade laws such as border control measures, phytosanitary control, variety release systems and certification standards at the regional level, and then move on to harmonising PVP laws.

The effect is to create larger unified seed markets, in which the types of seeds on offer are restricted to commercially protected varieties. The age old rights of farmers to replant saved seed is curtailed and the marketing of traditional varieties of seed is strictly prohibited.

Concerns have been raised about how this agenda privatises seeds and the potential impacts this could have on small-scale farmers. Farmers will lose control of seeds regulated by a commercial system, while crop biodiversity may be eroded due to the focus on commercial varieties.

Making these processes hard to combat is the mutliplicity of programmes and initiatives carried out by different countries and both national and transnational entities in different parts of Africa, all offering short term benefits to governments but all directed towards a single objective – the neoliberal transformation of land, seed and plant variety governance to open the continent up for full scale agribusiness invasion.

 


 

The report:Land and seed laws under attack: who is pushing changes in Africa?‘ was drawn up jointly by AFSA and GRAIN. Researched and initially drafted by Mohamed Coulibaly, an independent legal expert in Mali, with support from AFSA members and GRAIN staff, it is meant to serve as a resource for groups and organisations wanting to become more involved in struggles for land and seed justice across Africa or for those who just want to learn more about who is pushing what kind of changes in these areas right now.

AFSA is a pan-African platform comprising networks and farmer organisations championing small African family farming based on agro-ecological and indigenous approaches that sustain food sovereignty and the livelihoods of communities.

GRAIN is a small international organisation that aims to support small farmers and social movements in their struggles for community-controlled and biodiversity-based food systems.

This article is based on the above report.

 




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Closing the gate on GMO and the criminal transatlantic trade agreement Updated for 2026





A determined effort by all of us, who care about real food and real farming, will be needed to stop one of the most insidious attempts yet to end Europe’s widespread resistance to genetically modified organisms.

In particular, the use of GM seeds in European agriculture, leading to genetically modified crops being grown in areas that have, up until now, successfully resisted the GM corporate invasion.

The EU has so far licenced just one GM maize variety (MON 810) to be grown within its territories, and one potato variety (Amflora) for industrial starch production.

Up until now, the EU has acted according to a largely restrictive trade practice concerning GM and other controversial food products due to major public pressure, as well as under a broad EU ruling termed ‘the precautionary principle’.

Goodbye to all that?

All that could be about to go out the window under current negotiations between the USA and the European Commission to ratify a new trade agreement known TTIP, the Transatlantic Trade and Investment Partnership.

The objective of this ‘partnership’ is to facilitate far going corporate control of the international market place and to prize-open the mostly closed (but not locked) European door on GM crops and seeds.

While this corporate heist is being eased into place, replicas are being negotiated between Canada and the EU under the title ‘Comprehensive Economic Trade Agreement’ CETA.

And as if that wasn’t enough, a further dismantling of trade tariffs is underway via the ‘Trade In Services Agreement’ TiSA: a wide ranging further liberalization of corporate trading conditions as a direct continuation of the WTO (World Trade Organisation) GATS agreement, with its highly onerous, corporate biased ‘Codex Alimentarius’ sanitary and hygiene rulings. Indigenous seeds and medicinal herbs are particularly under attack via Codex.

We can thus recognize, from the outset, that a very dangerous interference of the already leaky checks and balances that control the import/export market is underway here.

The thinly disguised under-text reveals plans for a massive corporate take-over of all negotiated quasi-democratic trade agreements and food quality controls that currently take place between the US and EU. It is clear that the major corporate concerns are determined to overcome or dilute, all resistance to their unfettered ‘free trade’ goals.

Corporations, not the people, hold governments to account

Where they are blocked, corporations are claiming the right to sue governments and institutions held to be “infringing the principle of international free trade”. Such litigation procedures are not new, but the idea of writing them into a major trading agreement has sparked major controversy.

For example in Germany, where one of the main Swedish nuclear power construction companies is attempting to sue the German government for billions of euros, with the intention of gaining full compensation for the ban on nuclear power enacted earlier by the Merkel government.

To add a further sinister twist to this already draconian exercise in power politics, the court hearings on such actions are slated to take place in secret, in a court house in Washington DC. Such secret courts are already operational in the UK, where ‘sensitive cases’ can be heard out of sight of public scrutiny with no reports or summaries of the proceedings released into the public domain.

Here we witness the Orwellian control system fully up and running, with its attendant undisguised destruction of many decades of hard won civil liberties.

The unremitting and relentless nature of this neo-capitalist and corporate centralization of power is causing significant resistance to manifest itself. Earlier this month, 1.1 million people across Europe signed a card for Commission President Juncker calling on him to ditch TTIP.

As John Hilary, a member of Stop TTIP‘s Citizens’ Committee commented: “Politicians are always calling for citizens to get actively involved in European politics, and here are more than a million people who have done just that. On his 60th birthday, Juncker should blow out the candles on these massively unpopular and undemocratic trade deals that are opposed by people across Europe.

But the truth is, we are all going to have to get involved to ensure a people led victory.

GMOs – the corporate attack is already under way

As an organic farmer myself, I’m concentrating on the food and farming implications. But it is very important not to loose sight of the true intention behind all aspects of these nefarious trade agreements.

As a precursor to TTIP, a major shift in GMO legislation was already voted in by the EU’s Environmental Council on 12 June 2014 (the final vote to be taken in the European Parliament, January 2015).

After many years of EU member state disagreement on GM issues – leading to negotiation stalemate – this controversial agreement devolved GMO decision making procedures from Brussels to EU member states.

In the process however, it gives the green light to pro GMO governments to allow the planting of GM crops in their countries, while anti GM member states can put forward economic and environmental health arguments to ban GM crops.

Under the first draft of this agreement, countries wishing to block GM plantings were called upon to seek permission to ban such crops from the very corporations that are proposing to introduce them! A proposal whose unprecidented arrogance echoes the corporate agenda of TTIP and CETA trade proposals.

Fortunately, after intensive public lobbying, this clause was dropped on 11th November 2014. Nevertheless, what we have in front of our eyes is a strong GMO warning light.

‘Mutual recognition’ is a race to the bottom

The TTIP agreement would allow GM crops and seeds currently banned in Europe – as well as various medicated animal products such as US hormone enriched beef – to have a largely unrestricted flow into the EU.

In the process they would by-pass the ‘precautionary principle’ and the European Food Safety Agency’s views (for what they are worth) on the efficacy of such products.

So it would, in effect, remove any differences in trade related legislation between the EU and US. Because in corporate speak, such differences are held up as being ‘trade distorting’.

TTIP could also be used to attack positive food related initiatives in the US, such as ‘local preference’ legislation at the state level. It calls for ‘mutual recognition’ between trading blocks: trade speak for lowering standards.

Consumer groups have already pointed out that mutual recognition of standards is not an acceptable approach since it will require at least one of the parties to accept food that is not of a currently acceptable standard.

To put it in simple terms: the pressure to lower standards in Europe to ‘resolve the inconsistencies’ will be strong, and far more likely to succeed than the other solution: to raise standards in the USA.

Phrases like ‘harmonization’ and ‘regulatory cooperation’ are a frequently occuring part of TTIP trade speak. But in the end it’s all going one way: downwards, to the lowest common denominator.

TTIP a ‘main priority for the year ahead’

According to Corporate Europe Observatory: “Under TTIP’s chapter on ‘regulatory cooperation’ any future measure that could lead us towards a more sustainable food system, could be deemed ‘a barrier to trade’ and thus refused before it sees the light of day.

“Big business groups like Business Europe and the US Chamber of Commerce have been pushing for this corporate lobby dream scenario before the US-EU negotiations ever began. What they want from regulatory cooperation is to essentially co-write legislation and to establish a permanent EU-US dialogue to work towards harmonizing standards long after TTIP has been signed.

“Despite earlier reservations, the Commission now seems to go along with with this corporate dream. Leaked EU proposals from December 2013 outline a new system of regulatory cooperation between the EU and US, that will enable decisions to be made without any public oversight or engagement.”

What this means is that new, highly controversial GM seed lines will have virtually no publicly scrutinized safety net to slow or halt their progress to the fields and dinner plates of Europe.

One of the most determined voices behind the realization of TTIP’s ambitions is ex Polish Prime Minister, Donald Tusk: As the Guardian tells us: “Taking office this week as the new president of the European Council, chairing summits and mediating between national leaders, Donald Tusk, Poland’s former prime minister, singled out TTIP as one of his main priorities for the year ahead.”

Tusk, as prime minister of Poland, had already displayed his bias towards big business, by backing strategies to sell tranches of Poland’s most productive farmland to the highest foreign bidders, while simultaneously cosying-up to the EU Commission’s big chiefs.

Tusk is complicit, if not a leading voice, in supporting the overt centralization of political power in Brussels and the steady dismantling of national sovereignty: the right for countries to decide and control their own futures.

The end of national sovereignty?

TTIP and CETA are perfect weapons for the long planned for destruction of national sovereignty. Trade negotiators, GM exponents, big farming unions, agrichemical businesses and food processing giants are all in on the game and have strong lobby groups backing TTIP.

Their view on what the word ‘cooperation’ means goes like this, according to Corporate Europe Observatory: “A system of regulatory cooperation would prevent ‘bad decisions’ – thereby avoiding having to take governments to court later.”

These ‘bad decisions’ to be avoided include any attempts by governments to rein-in the overt lust for power which is the hallmark of the corporate elite.

For example, biotech and pesticide giants Syngenta and Bayer, are taking the European Union to court over its partial ban on three insecticides from the Neonicotinoid family, because of their deadly impact on bees.

However let us be clear, the European Union is only acting this way because of intense public pressure to do so; left to its own devices there would be no discernible difference between it and the corporate elite who stalk the corridors of power at the European Commission and European Parliament.

The underlying goal of ‘regulatory cooperation’ between industry and the EU, is to have a continuous ‘on going’ dialogue (known as ‘living agreement’) that could ultimately render any final TTIP agreement largely meaningless.

Meaningless, because it could by-pass any failures of TTIP to gain concessions on food and environmental standards by focusing on altering ‘implementation rules’ – rather than taking the more arduous route of altering ‘the law’ itself.

Tinkering with ‘implementation rules’ simply offers another way for corporate friendly concessions to become enshrined in common trading rights.

Resisting the corporate takeover of the food chain

Reassurances from EU and US negotiators that “food standards will not be lowered” look highly suspect. Farmers should be alert to the fact that, because of TTIP, imports are highly likely be allowed that do not meet local standards, thus undermining national trading disciplines.

This applies across the spectrum and includes currently non-compliant GMO crops. According to Corporate Europe Observatory, “Regulatory convergence will fundamentally change the way politics is done in the future, with industry sitting right at the table, if they get their way.”

If they get their way.

All groups and organizations that care about retaining a largely GMO Free Europe and the consumption of genuine, healthy food – in tandem with the ecological farming methods that produce it – had better jump to the task of stopping TTIP, and its related trading blocks, from destroying the last line of defence against a complete corporate take-over of the food chain.

Join the resistance today!

 


 

Campaign: Stop TTIP!

Julian Rose is an early pioneer of UK organic farming, international activist and author. He is currently the President of The International Coalition to Protect the Polish Countryside. His most recent book ‘In Defence of Life – A Radical Reworking of Green wisdom’ is published by Earth Books. Julian’s website is www.julianrose.info.

 

 




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Toxic glyphosate herbicides fly under the EU’s regulatory radar Updated for 2026





Earlier this year, Germany declared the active substance glyphosate, a component of many herbicides, as ‘safe’ in its draft re-assessment report.

Germany’s words have weight as it is acting as the Rapporteur Member State for this active substance. But an investigation into the report has exposed another story – it is far from ‘safe’.

It is well known that glyphosate is one of the most tested active substances, and is seen as a simple and cost-effective way of controlling weeds in a variety of situatuions.

Glyphosate is the active substance in the most widely used herbicide worldwide called RoundUp®, sales were valued at US$ 5.46 bn in 2012 and are expected to reach US$ 8.79bn [i] by 2019; it is big business.

However, the active substance alone is not sprayed by farmers, councils or ‘you’ in gardens and driveways. Because to work efficiently, it needs additional chemicals called ‘surfactants’.

A shocking omission

The widespread use of glyphosate greatly increases the chances that it will be ingested by humans and farm animals. It is now used to desiccate cereal, pulse and oilseed crops prior to harvest – where it produces residues in some of our staple foods [ii]

It is also used extensively on GM crops engineered to be ‘Roundup Ready’. This does not (yet) take place in the EU, however such crops dominatye in North and South America and account much of the soy and maize imported to the EU for animal feed.

But whilst active substances are tested and regulated on a European level, pesticide formulations, such as Roundup®, are not.

Because of an initial suspicion [iii] that the surfactant called POEA (polyethoxylated tallow amine) might be toxic for humans, animals and the environment, the German authorities have taken their own protective action.

In the meantime, the EU has failed to take any action at all. “Given the alarming results of independent studies [iv], this is simply shocking”, says Martin Häusling, Member of the Greens / European Free Alliance Group.

“Even though I have been criticising The European Food and Safety Authority for many years because of its conflict of interest with the agricultural industry, it would be wrong to blame them alone. The national authorities play a big role in this process.”

But in Germany, things are different

Since the late 1990’s, the German Federal Institute for Health Protection of Consumers and Veterinary Medicine (BgVV) has called upon Member States in the European Union not to accept glyphosate products containing the surfactant POEA based on the high cytotoxicity [v] of the compounds.

However Monsanto and Cheminova – who at the time were jointly submitting glyphosate for re-approval – quickly disputed all the evidence that was presented [vi]. A 1999 report stated:

“Accordingly, in the formulations for which toxicological data has been submitted as part of the joint dossier of Monsanto and Cheminova, surfactants of this type are not contained any more.” [vii].

But the Agro-Chemical companies continued to manufacture and sell products containing POEA. A spokesperson of Monsanto praised surfactants like POEA because “the amount of active ingredient needed per treated area can be reduced.”

He also stressed that “the development of new products requires several years of research and development and review by competent public authorities and Europe has some of the highest standards in the world.”

These “high standards” seemingly have started to fail, because since 1999 there was scientific consensus that the single active substance approach to risk assessment was flawed.

Finally in 2005 the EU revised the Residue Directive and changed it into Regulation (396/2005) and made Cumulative Risk Assessment mandatory “as soon as methods to assess such effects are available [art 14.b].” [viii]

The next step would be a framework developed by European Food and Safety Authority. But very little has happened since then.

The ‘single active substance’ approach to risk assessment is flawed

By 2008, more evidence on this specific surfactant was mounting. A paper by J. M Brausch et al. in 2007 [ix] “found all POEA formulations to be extremely toxic”.

This prompted the German Environmental Agency (UBA) to request more study data specifically about chronic toxicity. What followed was a “very intense professional dispute” [x] between the UBA and agro-chemical companies, as a source from UBA stated.

The result: The companies did not submit any data, but agreed to replace POEA in the glyphosate formulations – however this resulted in the UBA still not having the data to prove chronic toxicity.

Two years later the German Federal Institute for Risk Assessment (BfR) carried out its own toxicological evaluation of the glyphosate-POEA formulation, after a German forestry worker developed chest pain with rapidly increasing severe respiratory distress and fever up to approximately 38°C.

His pathology revealed “toxic inflammation of the lungs” that was significantly different from bacterial infection [xi].

This resulted in the German authorities prohibiting the usage of certain glyphosate formulations with a high content of POEA for the production of animal feeds in order to avoid a risk of toxins being passed through the food chain [xii]. But how are these formulations tested?

Each time glyphosate is risk assessed in the EU it is done by the presentation of one ‘representative formulation’ from the vast quantity available on the market [xiii].

This time, the representative formulation that has been presented by the agro-chemical industries European Glyphosate Task Force (GTF), does not contain the surfactant POEA [xiv]. Only by coincidence? Or was it the least toxic formulation that the GTF could find?

Germany acts – but key data remain under lock and key

This year the German Federal Institute for Risk Assessment and other German safety authorities published their draft re-assessment report (RAR) on glyphosate and the representative formulation, in the process re-assessing hundreds of studies and public domain literature.

Then the UBA did something exceptional. They included a chapter ‘Further toxicological data for other potential co-formulants’ [xv] about the surfactant POEA to make sure all Member States are informed that nearly all toxicological endpoints investigated are clearly more toxic than glyphosate alone.

By the end of this year all formulations containing POEA will have been removed from the German market. So what happened in Germany for them to move from ‘restricted’ to formally ‘banned’?

Answer: we don’t know. All requests for a list of which companies had to replace POEA, exactly when, and which surfactants are now used instead has been declined by German authorities on the basis that the information constitutes ‘Trade Secrets’.

“The protection of public health must have the highest priority – and not the interests of companies or authorities”, commented Martin Häusling. “The public must have the right to check that. The European Precautionary Principle is even as important as the Freedom of Information.”

What about the rest of us?

There are only 91 glyphosate products registered in Germany [xvi] – of which only one remaining product contains POEA, which will be removed by the end of the year.

But there are 424 glyphosate products registered in the UK [xvii] and it is not known exactly how many of these products contain POEA). Rosate 36 is one of UK’s most widely used herbicides in agricultural, horticultural, industrial, amenity and forestry herbicides in use that contain the surfactant POEA.

The discussion about the surfactant POEA shows that the classic method of testing and regulating individual active substances for toxicity does not work. Or as a source from the BfR said:

“We should have a deeper look at co-formulants in the future. The formulation of glyphosate and POEA is an important lesson in that there might be specific surfactants, which can increase the toxicity of the active substance. We don’t assume this is common, but it is an increasingly important factor within the field of toxicity which we are aware of.”

But this story is not about just one surfactant. What is now known is that surfactants can be synergistic with glyphosate. When chemicals are synergistic, the combined effect of two chemicals is much greater than the sum of the effects of each agent given alone.

Even Monsanto say in one of their own patents [xviii]:

“By exploiting a newly discovered synergistic interaction between two classes of surfactant applied together with the glyphosate, surprisingly enhanced herbicidal effectiveness is obtained by this method.”

But the formulations remain secret!

Due to ‘data confidentiality’ or putting it bluntly ‘data secrets’, it is not known what these surfactants are, how much more toxic the formulations might be, or even how many different potentially toxic products there are.

The European Court of Justice ruled [xix] in 2013 that the European Commission should disclose industry safety and compositional studies on the pesticide glyphosate, which are currently hidden from the public under data secrets.

The Commission has appealed against the ruling [xx], but Croplife America, The National Association of Manufacturers of the United States and The American Chemistry Council have submitted an application to intervene [xxi].

It could be viewed as significant that the EU is protecting industry, by not revealing the content of emissions of pesticide formulations into the environment.

Pesticide formulations – as the German Safety authorities explained – are regulated on a national level. But the scientific studies that are presented for approval are carried out by the manufacturers themselves.

Only the authorities have access to these studies and have not been verified by independent scientists.

No EU framework for assessing formulations

“Any regulatory system that treats chemicals in isolation is necessarily flawed”, commented Zac Goldsmith, the Conservative MP for Richmond Park & North Kingston.

“Chemicals interact with others when they’re put out into the environment, and they interact when mixed with others in different chemical formulas.”

“A proper, health-oriented regulatory system must look at the synergistic effects of chemical mixtures, and on that basis what we have at present falls far short.”

The bad news is there is still no legal framework at EU level to assess formulations on a regulatory basis. The EU’s own documentation admits:

Current EU legislation does not provide for a comprehensive and integrated assessment of cumulative effects of different chemicals taking into account different routes of exposure“. [xxii]

It is known that UBA reported POEA in 2012 as an “unacceptable co-formulant” for a so called ‘negative list’ [xxiii] to the European Commission. Again nothing happened. A spokesperson for the European Commission has only revealed that “The European Commission is currently preparing a request to the EFSA about POEA.”

It has taken 15 years from initial suspicion that a glyphosate formulation was toxic, to approach a situation that it could be banned within the EU, and not just one Member State.

Tougher pesticide regulation of surfactants and formulations must be the next step.

 


 

Pete Farrer and Marianne Falck are investigative journalists and  film producers, collaborating on the full length investigative documentary Hungry for Pesticides, currently in production.

Pete is also a farmer – an experience which led him to investigate the entire topic of pesticides, herbicides and their health impacts.

This article is a part of an investigation for the film. Please support the investigation and the film.

References

[i] According to a new market report published by Transparency Market Research, ‘Glyphosate Market for Genetically Modified and Conventional Crops – Global Industry Analysis, Size, Share, Growth, Trends and Forecast 2013 – 2019‘.

[ii]http://www.pesticides.gov.uk/Resources/CRD/PRiF/Documents/Results%20and%20Reports/2013/BNA%20Q4%202013%20FINAL.pdf

[iii] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p799 – German forestry worker – Pers comm (UBA)

[iv] Summary of the relevant literature on surface active substances in glyphosate-based formulations RAR – http://www.scribd.com/doc/238090225/Glyphosate-RAR-13-Volume-3CA-CP-B-9-Appendix-2013-12-18

[v] http://www.moleculardevices.com/applications/areas-research/cytotoxicity

[vi] http://www.scribd.com/doc/238082880/FULLREPORT-GLYPHOSAT-05 p20-21

[vii] http://www.scribd.com/doc/238082880/FULLREPORT-GLYPHOSAT-05 p20

[viii] http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:070:0001:0016:en:PDF

[ix] Brausch, J. M., & Smith, P. N. 2007. Toxicity of Three Polyethoxylated Tallowamine Surfactant Formulations to Laboratory and Field Collected Fairy Shrimp, Thamnocephalus platyurus. Arch Environ Contam Toxicol 52(2), 217-221

[x] Pers comm. (UBA)

[xi] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p799 – German forestry worker – Pers comm (UBA)

[xii] Pers comm. (BVL)

[xiii] https://secure.pesticides.gov.uk/pestreg/prodsearch.asp

[xiv] http://www.scribd.com/doc/238082730/Glyphosate-RAR-01-Volume-1-2013-12-18-San p98

[xv] http://www.scribd.com/doc/238089929/Glyphosate-RAR-08-Volume-3CA-CP-B-6-2013-12-18-San p835 B.6.13.3 Further toxicological data for other potential co-formulants

[xvi] https://portal.bvl.bund.de/psm/jsp/

[xvii] https://secure.pesticides.gov.uk/pestreg/prodsearch.asp

[xviii] http://www.google.com/patents/WO2001017358A1?cl=en

[xix] http://curia.europa.eu/juris/document/document.jsf?text=&docid=142701&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=59034

[xx] http://www.ashurst.com/publication-item.aspx?id_Content=9722

[xxi] http://www.nam.org/~/media/18A3D55120154CD790089B40F1611C32/European_Commn_v_Stichting_Greenpeace_intervention.pdf

[xxii] http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52012DC0252&from=EN

[xxiii] [REG] 1107/2009 – Article 27: Co-formulants – http://www.euissuetracker.com/en/focus/Pages/Plant-Protection-Products-Regulation.aspx

 




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