Abstract
Disharmonization in the Regulation of Transgenic Plants in Europe
Highlights
The European Union (EU) has 28 member states,1 and the legislation issued by the EU has supranational effect on all member states
EU regulations are directly applicable to each member state, and EU directives are to be implemented by member states by incorporation into their domestic law
The European Commission, Council of Ministers, and Parliament are involved in the legislative process, and the European Court of Justice (ECJ) interprets EU treaties and legislation
Summary
I n the European Union (EU), anti-GMO (genetically modified organisms) groups have a strong presence. Genetically modified plants require authorization from a competent EU authority (EU Commission) before releasing it onto the market or beginning cultivation In this process, all EU member states must give their consent. An EU member state may ban the cultivation of genetically modified plants or products in two ways They may invoke the ‘‘safeguard clause’’ under Directive 2001/18/EC or they may declare GM-free zones under coexistence law. Commission Directive (EU) 2018/350 of March 8, 2018, amending Directive 2001/18/EC of the European Parliament and of the Council as regards the environmental risk assessment of genetically modified organisms, obligates EU countries to bring into force the laws, regulations, and administrative provisions necessary to comply with this Directive by September 29, 2019, at the latest. The EU has given effect to the requirements of the Protocol by making Regulation 1946/2003 on transboundary movements of GMOs.
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