GM Directive Deficiencies in the European Union - The Current Framework for Regulating GM Crops in the EU Weakens the Precautionary Principle as a Policy Tool

Abstract

This paper outlines how the EU's regulatory framework for GM crops is not likely to be sustainable in its present form, particularly given the rapid pace of advances in plant biotechnology. Furthermore, because the framework is solely process-based so as to regulate GM plants but not other varieties, the genetic constitution of which has been modified by using alternative or traditional methods it is not in accordance with the precautionary principle, which is the EU's chosen basis for risk assessment and the regulation of new technologies. Instead, we argue a more appropriate regulatory framework, which would more logically reflect the idea of the precautionary principle, should focus on comparatively assessing the potential environmental and health risks versus benefits of a product, rather than overly focusing on the process through which the product a new plant variety was created. In essence, the GM regulatory fiasco has largely been a construct of past policy decisions to choose a process rather than a product-based approach to regulate new plants or foods, including GM crop varieties.