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
Quelle: Issue 04/2010 (Dezember 2010)
Seiten: 6
Preis inkl. MwSt.: € 41,65
Autor: Sara Poli

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