For the third time the EU Commission handed the Amflora dossier back to the EFSA in 2008. This time not only the GMO panel but also the Biohazard panel are asked about their opinion. And after months EFSA announced that they would need more time to come to a conclusion because two of their experts have a different opinion then the rest.
Somehow that shouldn't really surprise anybody. "Risk assessment" is not a hard science but - as the term says - an assessment without strict tick boxes to decide what's safe or not. And over the years scientists came to different assessment of using the antibiotic marker gene nptII in GM crops in general and in the GM potato Amflora.
BASF considered it safe, so did the EFSA GMO panel, while experts in some EU member states did not. In 2007, EMEA concluded that assumptions of the GMO panel on how the antibiotics in question were used were wrong.
What should surprise however, is that after years of giving scientific opinions, the EFSA has apparently no mechanism to allow for different opinions in its panels.

An assessment of statements and decisions by the EU Commission shows that the EU Commission repeatedly points to the independence of the EFSA instead of taking up the responsibility to assess and control the work of the EFSA. So far the Commission usually hides behind the EFSA opinions and in practice even leaves the power to take decisions to the EFSA even though this is in contradiction to the EU regulation. In other cases however, like the cultivation of Bt11, 1507 maize and Amflora, at least some parts of the EU Commission disagree with the EFSA opinion.

In 2007, the GM potato Amflora was cultivated on nearly 450 ha in Germany. The goal of the “field trial” as to produce seed potatoes just in case Amflora would be allowed for commercial cultivation. But another result now becomes quite obvious: GM potatoes cannot be kept under control and they cannot be cleared off the field completely. In summer 2008, despite repeated controls Amflora potatoes are happily growing on the field.

In 2007 and 2008, the German authorities approved of 'field-trials' with the GM potato Amflora by BASF even though the goal was/is not to do any research but simply to produce seed potatoes for the case that Amflora actually gets a cultivation approval in the EU. One of the conditions was that no potatoes would be left on the field afterwards. Already in autumn 2007, a number of potatoes were discovered on one of the fields after the harvest. Now, a season later, it is quite obvious that GM potatoes cannot be contained: As the newspaper taz reported the field is now planted with maize - and among that a number of potato plants can be found.
The new condition from the German authorities: spray the field again with herbicides once the maize is harvested. So instead of a field trial that left no potatoes on the field after harvests, we now end up with at least two additional applications of herbicides (and possibly more to come), wild boar feeding on left over potatoes in winter 2007, and a representative from BASF that simply states: "Of course there will be potatoes on the field in the next season."
Now this was a field trial on a few fields with a lot of public attention. How will things develop if Amflora were to be cultivated commericially?