New Report Sheds Light on Legal Developments Risking to Deregulate GMOs in Europe and Weaken Environmental Protection
Key Takeaways:
An ongoing debate exists about categorising specific forms of New Genomic Techniques (NGTs) as Genetically Modified Organisms. Some of these depend, however, not only on technological categorisation but also on the interpretation of the precautionary principle.
The 2023 proposal by the European Commission will mean deregulating and weakening authorisation mechanisms for 95% of new genetically modified plants currently under development.
Member States will lose autonomy in deciding which new technique GMOs will be allowed in their territory.
The precautionary principle is a fundamental element in EU law to ensure public health and environmental protection, but its interpretation fluctuates, thus creating opportunities for the deregulation of GMOs.
BeeLife has just published a new report that outlines the status and risks of recent developments in the European Union regarding the regulation of Genetically Modified Organisms (GMOs). The report Does EU law on GMOs enable a high level of environmental protection to be achieved? Overview of the regulatory framework for GMOs and case study of pollinating insects (2024) [1] provides a detailed overview of the environmental protection mechanisms inscribed in EU law and the potential changes a 2023 legislative proposal by the European Commission might bring.
Genetically Modified Organisms have become the centre of a lively debate due to extensive direct and indirect, immediate and long-term risks once released into the environment. In the EU, worries about economic efficiency advanced to advocate widening their use have met legal and scientific concerns which defend the strict application of the precautionary principle. This principle, codified in international law (Cartagena Convention on Biodiversity) and in the EU (Treaty on the Functioning of the European Union), entails a precautionary approach in the authorisation of biotechnology products (such as GMOs) when risks have been identified.
The study uncovers a significant risk in the Commission's proposal, which could potentially dismantle crucial environmental protection mechanisms, leaving EU Member States and citizens vulnerable. While EU law has established robust mechanisms to ensure the precautionary principle is rigorously applied and interpreted in the GMO authorisation process, the proposed changes could undermine this principle, directly contradicting primary EU law.
The proposal risks producing adverse effects on environmental protection and safeguarding public health by expanding potential legal exemptions in the authorisation process for some GMOs. The Commission's proposal refers particularly to so-called New Genomic Techniques (GMTs), a highly contested definition of how similar they are to traditional GMOs and their potential risks. The proposal would decrease or remove risk assessment, monitoring, and obligations requirements for biotech companies to provide additional information, such as descriptions of the environment where the GMOs will be released and potential interactions with other living organisms.
In particular, depending on the category of NGTs (a matter that remains under debate), deregulation will range from the renewal of authorisations for indefinite periods to relieved labelling requirements, releasing NGT producers from introducing monitoring plans with their authorisation requests, and even full exemption from GMO regulations. Additionally, it risks diminishing Member State autonomy in managing the introduction of NGTs into their fields, a robust mechanism under current legislation.
Table extracted from the report. Changes in GMO regulation, from the base 2001 Directive, 2015 and 2018 amendments, and the proposal by the European Commission.
Thus, potential deregulation will increase risks to public health, general environmental protection, and, of course, pollinators. The report also provides a detailed presentation of amendments to GMO-related legislation since the base Directive 2001/18/EC came into force. Additionally, it underscores the fluctuating interpretation of the precautionary principle in legal developments and by the Court of Justice of the European Union.
In conclusion, the recent report by BeeLife highlights the potential risks associated with the proposed changes to the regulation of Genetically Modified Organisms (GMOs) in the European Union. The proposed 2023 legislative changes by the European Commission could significantly weaken environmental protection mechanisms and undermine the rigorous application of the precautionary principle. The proposal threatens to increase public health risks and ecological protection and counter ongoing conservation efforts to protect pollinators. The report emphasises the need to consider these potential adverse effects and urges stakeholders to carefully evaluate the implications of the proposed regulatory changes on the environment and public health.
About BeeLife
BeeLife European Beekeeping Coordination is an umbrella non-profit organisation dedicated to the protection of bees and pollinators in the European Union. Through research, advocacy, and collaboration, BeeLife works to promote a sustainable environment where pollinators can thrive, ensuring biodiversity and food security in Europe.
Contacts:
References
[1] Charlotte Ehrmann, BeeLife European Beekeeping Coordination. 2024. Does EU law on GMOs enable a high level of environmental protection to be achieved? Overview of the regulatory framework for GMOs and case study of pollinating insects. https://579f1725-49c5-4636-ac98-72d7d360ac5b.usrfiles.com/ugd/8e8ea4_aaf82eff8b2e4a87b29788a6be24f981.pdf
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