Legal strategies - regional, national, EU

A1 - Saturday 14:30 - 16:30

A confusing array of EU directives and regulations, national and regional laws presently regulate the potential cultivation of GMOs. They are neither consistent nor satisfactory. Some regions, namely in Austria and Italy, have developed their own set of rules aimed at protecting GMO-free agriculture and preventing GM cultivation in their areas. While a general ban of GM cultivation, as proposed by Upper Austria, was rejected recently by the European Court of Justice, other regional laws based upon co-existence arguments are currently in force. In most EU countries, however, it is up to the national legislature to take appropriate measures on co-existence. Some states (Germany, France, Poland, Italy) are presently developing new legislation to this end. Other states have used national seed legislation to prohibit certain GMOs.

The EU Commission takes the view that measures to protect non-GM agriculture must be justified on a case by case basis and claims that only prevention of contamination above the maximum labelling thresholds for food and feed (0,9 %)  is “proportionate”. This opinion, however, is not backed by present legislation, nor does it address the realities of farmers, processors and seed companies.

The workshop presents an overview of the legal jungle at the different levels, with successful examples of regional and national legislation and legal action. It will identify strategic legal issues to be addressed within the ongoing discussion and potential cases to be brought to court.

 Submit suggestions and documents

Jens Karg (Global 2000, Austria - Austrian local GM laws)
Austrian regional GM laws

Matthias Miersch (Member of the German Parliament (SPD), Germany - German GM law)
Introduction and Theses

Svetla Nikolova (Agrolink, Bulgaria - Bulgarian GM law)
Bulgaria between two chairs

Vera Mora (Hungarian Environmental Partnership Foundation, Hungary)
The process of the Hungarian co-existence approval

EU directive 98/95 (1998)
EU Directive 98/95/EC on seed legislation with respect to genetically modified plant varieties and plant genetic resources

EU regulation 178/2002 (January 2002)
Regulation No 178/2002 on general food law
laying down the general principles and requirements of food law, establishing the European Food SafetyAuthority and laying down procedures in matters of food safety.

EU regulation 1829/2003 (September 2003)
Regulation No 1829/2003 on genetically modified food and feed

EU Regulation 641/2004 (April 2004)
Regulation No 641/2004 on detailed rules for the implementation of Regulation (EC) No 1829/2003
as regards the application for the authorisation of new genetically modified food and feed, the notification of existing products and adventitious or technically unavoidable presence of genetically modified material which has benefited from a favourable risk evaluation.

Annex of Commission Regulation (EC) No 641/2004 of 6 April 2004
on detailed rules for the implementation of Regulation No 1829/2003 as regards the application for the authorisation of new genetically modified food and feed, the notification of existing products and adventitious or technically unavoidable presence of genetically modified material which has benefited from a favourable risk evaluation.

EU Regulation 1830/2003 (September 2003)
Regulation No 1830/2003 on traceability and labelling of genetically modified organisms

EU Commission Recommendation (October 2004)
Commission Recommendation on technical guidance for sampling and detection of GMOs in context of Regulation 1830/2003

EU Commission Recommendation (July 2003)
Recommendation on guidelines for the development of national strategies and best practices to ensure the coexistence of genetically modified crops with conventional and organic farming

Environmental liability for damage caused by GM organisms: bringing the European Directive into national law - Sue Mayer, GeneWatch UK

Notification (May 2003)
Notification according to Article 95(5) of the EC Treaty Request for authorisation to introduce national provisions incompatible with a Community Harmonisation Measure

EFSA (July 2003)
Opinion of the Scientific Panel on Genetically Modified Organisms on a question from the Commission related to the Austrian notification of national legislation governing GMOs under Article 95(5) of the Treaty1

Austria (2003)
Act on the regulation of precautionary measures for genetic engineering (Carinthian Genetic Engineering Precautionary Measures Act - Austrian designation: K-GtVG) and amending the Carinthian Agriculture Act (Revised draft)

EU Commission (September 2003)
DESICION relating to national provisions on banning the use of genetically modified organisms in the region of Upper Austria notified by the Republic of Austria

EU Commission (2000)
Communication from the Commission on the precautionary principle

Overview Europe, 2004
Coexistence Regulations of the European Union Member States
This tabel gives an overview over the different coexistence regulations in EU member states: the type of the regulation, good technical practices that need to be fulfilled, liabilities and whether or how neighbours need to be informed.

Italy
Protection and enhanement of local breeds and varieties of interest to farming, animal husbandry and forestry
Regional bill no. 369 of the region of Tuscany, Italy

Germany
GMO-free Regions (GMFR) under current law - much more is possible
A short overview over the legal opportunities in Germany to set up GMO-free zones.

Austria
For information of the legal situation in Austria, please check the Austria country page.