Gay Mitchell (Dublin South Central, Fine Gael)
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Question 795: To ask the Minister for the Environment, Heritage and Local Government his motives for abstaining on two votes at European level at the end of 2004, leading to the approval in August 2005 of the importation of Monsanto's patented GT73 oilseed rape seeds for use as animal feed. [29228/05]

Dick Roche (Wicklow, Fianna Fail)
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Ireland was among a number of member states who abstained on the proposal at the meeting of the regulatory committee for the purposes of Directive 2001/18/EC on 16 June 2004. At that meeting, our abstention had regard to the long-standing positive but precautionary approach to modern biotechnology endorsed by successive Governments; the favourable opinion available on the product from the Environmental Protection Agency as Irish competent authority for the purposes of the directive, following the agency's consultations with other relevant State agencies; and consideration of the product within my Department.

At the Environment Council of 20 December 2004, Ireland was again among a number of member states who abstained on the proposal. Our abstention on that occasion again had regard to the long-standing positive but precautionary approach to modern biotechnology endorsed by successive Governments; the favourable opinion available to me on the product from the Environmental Protection Agency as Irish competent authority for the purposes of the directive, following the agency's consultations with other relevant State agencies; and the previous consideration of the product within my Department. It also had regard to the views of the Joint Committee on the Environment and Local Government and the outcome of the earlier discussion of, and vote on, the product at the June meeting of the regulatory committee.

Gay Mitchell (Dublin South Central, Fine Gael)
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Question 796: To ask the Minister for the Environment, Heritage and Local Government his views on concerns regarding the contamination of Irish farmland through spillage of GT73 live genetically modified seeds. [29229/05]

Gay Mitchell (Dublin South Central, Fine Gael)
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Question 797: To ask the Minister for the Environment, Heritage and Local Government the potential for legal disputes, in view of the appearance of the trade related intellectual property agreements to assign possession of crops contaminated with patented genetically modified genes to the patent owner, Monsanto. [29230/05]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 796 and 797 together.

The product in question, genetically modified oilseed rape GT73, was authorised by the European Commission on 31 August 2005 for importation into the European Community for use as animal feed and for industrial use. The authorisation did not include cultivation. I am advised that oilseed rape imported into this country is processed prior to its importation by crushing and having its oil extracted. This minimises the possibility of live seed entering the environment.

In so far as the TRIPs agreement is concerned, this falls within the remit of the Minister for Enterprise, Trade and Employment and obliges WTO member states to provide patent protection for any invention in all fields of technology. However, I understand that the grant of a patent confers only a civil right on the patent owner to prevent others from doing what is claimed in the patent and grants no right to its owner to make use of his or her invention. The TRIPs agreement does not contain any specific provision on contamination of crops by patented genetic material.