Abstract

The recent amendment process of EU legislation on GMOs allows Member States to restrict or prohibit the cultivation of GMOs on their territory for reasons others than health or environment protection. The amending Directive 2015/ 412 is presented as a means to overcome the deadlock in GMO decision making. However, one may raise doubts on whether new article 26b of Directive 2001/ 18/ EC may provide for an adequate solution, since measures adopted on its ground are likely to be in non-compliance with EU or WTO law. Moreover, the amending directive remains in line with the previous legislative framework, as far as is concerned on the one hand, the disregard for scientific uncertainty and disagreement and, on the other hand, the artificial distinction between risk assessment and risk management, failing to promote more comprehensive and democratic scientific opinions and political decisions.

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