Abstract
This article examines the reform of the European legislation on genetically modified organisms (‘GMOs’). The aim is to evaluate whether Member States should be reassured by the completion of such a reform. After an overview of the reasons pushing the Commission to revise the first generation of GMOs legislation, the stages of the legislative reform are sketched out. Special emphasis is placed on Regulation 1829/2003 on genetically modified food and feed. The main problems addressed, in relation to this Regulation, are the following: the features of the authorization procedure, the Commission's discretion in this procedure, labelling obligations imposed on food producers and the impact of the Monsanto case on Regulation 1829/2003. In this first part of the article the conclusion is drawn that the reform of the European legislation on GMOs and derivatives makes the marketing of these products possible under very strict conditions; therefore, Member States should lift the moratorium. The second part of this article discusses Member States' powers to adopt unilateral measures, restricting the marketing of GMOs and derivatives. These powers are very narrowly defined as is shown by the safeguard clauses of the pieces of legislation described. Member States have limited power also under Art. 95(5) of the EC Treaty. This is confirmed by the Commission's negative decision on the request of the Province of Upper Austria to introduce a blanket ban on the use of genetically modified seeds and transgenic animals.
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