GM Crops in EU can be Restricted at National Level

EU environment ministers on 13 June gave the green light to a legislative proposal that would allow member states to restrict or prohibit the cultivation of genetically modified organisms (GMOs) in their territory, even if the crop was authorised at the EU level.

Under the current rules, member states may invoke national “safeguard” bans based on assessed risks to human health or the environment, supported by scientific evidence. These are temporary measures, however, and must be perpetually renewed.

The new draft proposal – passed by 26 out of the EU’s 28 member states – would amend this arrangement to provide countries with the legal basis to implement prohibitions for additional reasons, including socioeconomic concerns, land use and town planning, agricultural policy objectives and public policy issues.

The move comes after nearly four years of drawn-out debate by ministers on the amendment, originally put forward by the European Commission in July 2010. Just this past March, ministers agreed to re-visit the subject on the basis of a draft text put forward by the then-incoming Hellenic EU Council presidency.

In 2006, a WTO panel weighed in on a case brought by the US, Argentina, and Canada challenging the EU’s failure to approve a number of specific biotech products, as well as the use of national moratoriums on the marketing and import of such products already approved at the EU-wide level. The panel rejected Brussels’ defence that the latter were precautionary measures, asserting that insufficient scientific evidence existed for carrying out an adequate risk assessment.

Two of the complainants in that case – Argentina and Canada – ultimately reached a “mutually agreed solution” with Brussels on the matter, while the US requested authorisation to retaliate. While the EU challenged the latter, Washington and Brussels shortly thereafter requested a suspension on arbitration proceedings, which has been in place since 18 February 2008.