The Commission’s New Approach to the Cultivation of Genetically Modified Organisms

The Commission has proposed to legitimise the renationalization of the cultivation of GMOs (Genetically Modified Organisms) accepting the request of a group of Member States who raised concerns at the Environment Council of June 2009 regarding the EU-wide decisions on GMO cultivation. Based on subsidiarity grounds, they requested the Commission give the freedom to decide on the cultivation of GM plants to both national and local authorities.

The proposed changes are introduced by three instruments: 1) A communication to the Parliament and the Council on the freedom for Member States to decide on the cultivation of genetically modified crops within their territory. In this act the Commission explains why new guidelines on the coexistence of different agricultural categories are necessary and justifies the legislative amendments to Directive 18/2001; 2) The new coexistence recommendation, repealing the one of 2003;5 3) A proposal for a Regulation amending Directive 2001/18/EC regarding the possibility for Member States to restrict or prohibit the cultivation of GMOs in their territory (hereafter “the amending proposal” or “the Commission proposal”). This is particularly important as it allows for measures on the cultivation of GMOs to be treated as a matter of national competence, as if they were adopted before the EU harmonised legislation in this field. By entrusting decisions on the cultivation of GMOs to national (and possibly to regional) authorities, the proposal of the Commission has the de facto effect of narrowing down the scope ratione materiae of the EU legislation on GMOs. This short contribution will give an overview of the legal issues raised by the amending proposal.



Copyright: © Lexxion Verlagsgesellschaft mbH
Source: Issue 04/2010 (Dezember 2010)
Pages: 6
Price: € 41,65
Autor: Sara Poli

Send Article Add to shopping cart Comment article


These articles might be interesting:

What Price Flexibility? – The Recent Commission Proposal to Allow for National “Opt-Outs” on GMO Cultivation under the Deliberate Release Directive and the Comitology Reform Post-Lisbon
© Lexxion Verlagsgesellschaft mbH (12/2010)
“After a reform is before another reform.” This paraphrasing of a famous saying from the world of football seems to be a very fitting way to describe the status quo of the European policy on genetically modified organisms (GMOs). The functioning of the EU legal framework on GMOs has since its initial establishment in the 1990s been troubled by political disagreement, deadlocks in decision-making, strong public opposition in the Member States, and considerable delays in the process of authorisation of genetically engineered products on the internal market of the EU.

The New Strategy on Coexistence in the 2010 European Commission Recommendation
© Lexxion Verlagsgesellschaft mbH (12/2010)
The European Union tried to establish a “coexistence” policy for the cultivation and processing of GM and non-GM products after the political agreement that put an end to the 1999-2004 moratorium. Consequently, coexistence is part of this gentlemen’s agreement between States with pro and anti-GMO positions.

EU GM Crop Regulation: A Road to Resolution or a Regulatory Roundabout?
© Lexxion Verlagsgesellschaft mbH (12/2010)
Since first embarking on the road of risk management options for the regulation of recombinant DNA (rDNA) activities and use in 1978, the European Union (EU) has largely failed to create a regulatory and policy environment regarding genetically modified (GM) crops and their cultivation that is (a) efficient, (b) predicable, (c) accountable, (d) durable or (e) interjurisdictionally aligned.

Towards a new EU Plant Protection Regime – Legal Problems arising out of the Transition with Regard to Regulatory Approvals and Authorisations
© Lexxion Verlagsgesellschaft mbH (1/2011)
The plant protection law within the European Union has been continuously developed over the past two decades. Harmonized provisions for the placing of plant protection products on the common market were introduced by Council Directive 91/414/EEC of 15 July 19911 (hereinafter the “Directive”). Based on a progress report issued by the Commission under this Directive2, the need for a revision of the Directive was identified which should, in order to ensure consistency throughout the Member States and to provide for simplification, take the form of a regulation.

‘Have we all gone bats?’ – The Strict Protection of Wildlife under the Habitats Directive and Tourism Development: Some Lessons from Ireland
© Lexxion Verlagsgesellschaft mbH (11/2010)
The legal protection of species of wildlife under EU law is or should have an increasing impact on tourism developments. It should typically force project modification, relocation or even in some cases project abandonment. Tourism developers are learning about these impacts rather slowly for a variety of reasons. The aim of this article is to provide legal guidance on the likely impact of the protection of species on tourism developments by examining the Irish legal experience of the protection of bats.

Username:

Password:

 Keep me signed in

Forgot your password?