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Indicating Reasons for National GM “Opt-Outs”: The Way Forward or a Dead End Street?

Published online by Cambridge University Press:  20 January 2017

Karolina Zurek
Karolina Zurek*
Affiliation:
Swedish Institute for European Policy Studies (SIEPS)
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Extract

Cautious skepticism rather than euphoric joy surrounds the activities of the European Commission developing its new – flexible – approach towards cultivation of Genetically Modified Organisms (GMOs). Following its announcement in the summer of 2010, new elements of the reform unravel at the beginning of 2011.

GMO regulation has experienced a rather uneasy track in the European Union. The specificity of the sector, with its economic importance, its social controversies as well as the high levels of uncertainty as to the long-term effects, have all contributed to various political and regulatory troubles in Europe and worldwide. After the revision of the first wave of regulation in 2001-2003, the de facto moratorium, and ensuing conflicts under the WTO adjudication, the situation seemed to be settling down.

Type
Reports
Information
European Journal of Risk Regulation , Volume 2 , Issue 2 , June 2011 , pp. 241 - 244
Copyright
Copyright © Cambridge University Press 2011

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References

1 Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms, OJ 2001 L 106/1.

2 Proposal for a Regulation of the European Parliament and of the Council amending Directive 2001/18/EC as regards the possibility for the Member States to restrict or prohibit the cultivation of GMOs in their territory, COM (2010) 375 final, 13.7.2010.

3 Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on the freedom of the Member States to decide on the cultivation of genetically modified crops, COM (2010) 380 final, 13.7.2010.

4 For a thorough evaluation of the proposal and its possible implications see Weimer, Maria, “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,” 4 EJRR (2010), pp. 347–354 Google Scholar.

5 Commission Staff Working Document, Complementary Considerations on Legal Issues on GMO Cultivation Raised in the Opinions of the Legal Service of the Council of the European Union of 5 November 2010 and on the Legal Service of the European Parliament on 17 November 2010 (Indicative List of Grounds for Member States to Restrict or Prohibit GMO Cultivation), SEC (2011) 184 final, 8 February 2011.

6 See Euractive, “EU draft: States can ban GM crops for public order”, 4 February 2011, available on the Internet at <http://www.euractiv.com/en/cap/eu-draft-states-ban-gm-crops-public-order-news-501913> (last accessed on 9 March 2011).

7 See European Voice, “Growing GM crops ‘could pose a threat to public order’”, 3 February 2011, available on the Internet at <http://www.europeanvoice.com/article/imported/growing-gm-crops-could-pose-a-threat-to-public-order-/70111.aspx> (last accessed on 9 March 2011).

8 See Council of the European Union, Press Release 7689/11, 3075th Council Meeting, Environment, 14 March 2011, available on the Internet at <http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/envir/119886.pdf> (last accessed on 16 March 2011); see also Euractive, “Ministers discuss banning GM crop cultivation”, 15 March 2011, available on the Internet at <http://www.euractiv.com/en/cap/ministers-discuss-banning-gm-crop-cultivation-news-503111> (last accessed on 15 March 2011).

9 According to the Commission's new declaration presented at the 14 March Council meeting, the socio-economic assessment will be presented in April, ibid.

10 See Maria Weimer, op. cit., in particular pp. 351 and 354.

11 Commission Decision (EC) 2008/62 of 12 October 2007 relating to Articles 111 and 172 of the Polish Draft Act on Genetically Modified Organisms, notified by the Republic of Poland pursuant to Article 95(5) of the EC Treaty as derogations from the provisions of the Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms [2008] OJ L 16/17.