Multi-level decision making: the EU and GMOs

Abstract

Introduction The regulation of genetically modified organisms (GMOs) has a rather fraught history in the European Union (EU), becoming embroiled in the profound political, ethical and social choices implied by the technology. As discussed in Chapter 2, the regulation of GMOs at EU level fell into disarray in 1998. Intense public concern about GMOs, coupled with an inappropriately technical and ultimately centralised decision making process, led to a moratorium on authorisations from 1998. Rather than seeking either to enforce the existing legislation, or to regularise the moratorium, the EU institutions put intensive efforts into negotiating a new legislative framework for the regulation of GMOs. The ideal sought was the creation of a system that would respond more effectively to public concern, whilst simultaneously allowing in principle the possibility of widespread GM agriculture in the EU. The effort to compromise between ‘pro’ and ‘anti’ GM sentiments (and the success of this compromise is still to be seen) led to the negotiation of politically contentious and legally complex legislation – the subject of this chapter. The regulation of GMOs in the EU involves, in most cases, and certainly the most controversial cases, a centralised, Community-level decision on whether particular GMOs should be marketed in the EU. Once the decision has been taken, it applies throughout the EU: free movement of goods applies. In many respects the centralised authorisation procedure is rather unusual in EC environmental law.