EU Parliament adopts amendment to the release directive

The amendment to the Deliberate Release Directive (Directive 2001/18/EC) has been negotiated extensively both between the individual Member States and between Parliament and the Council. The amendment to the Deliberate Release Directive was finally adopted at the European Parliament's session on January 13, 2015. As a result, a new article has been inserted into the existing Directive 2001/18/EC on the deliberate release of genetically modified organisms (GMOs) into the environment, expanding the powers of Member States to legally justify a national or regional ban on the cultivation of GMOs. This article also applies to the cultivation of GMOs approved under Regulation (EC) No. 1829/2003 on food and feed containing or produced from GMOs.
What has remained unchanged is that the placing on the market of GMOs is only permitted if they have been approved throughout Europe on the basis of a scientific assessment of the risks to human and animal health and to the environment.
If individual Member States do not wish to permit the cultivation of GMOs in their country or at specific locations within their country, they have the option of requesting the Commission, within 60 days of the forwarding of the assessment report, to exclude all or part of the territory covered by the relevant scope from cultivation (first phase) (Article 26b(1) of 2001/18/EC, as amended by the proposal for second reading on 13 January 2015 in Strasbourg). If a request is submitted, the adjustment of the geographical scope of the written consent or authorisation approved by the Commission will be implemented accordingly as a condition of the written consent or authorisation (Article 26b(1) of 2001/18/EC, as amended by the proposal for second reading on 13 January 2015 in Strasbourg). Notwithstanding the foregoing, a Member State may, following the risk assessment, adopt measures to restrict or prohibit the cultivation of GMOs after authorisation in all or part of its territory (second phase). This prohibition must be in accordance with Union law and be justified, proportionate and non-discriminatory. Restrictive measures can be based on a total of seven grounds. These are: environmental policy objectives, public and regional planning, land use, socio-economic impacts, preventing the presence of GMOs in other products, agricultural policy objectives and public order (Article 26b(3)(3) of the proposal for second reading on 13 January 2015 in Strasbourg). Safety concerns cannot be a reason for a cultivation ban. Member States are required to implement the amending directive within 12 months of its entry into force.

This publication can also be found on the website of the law firm Dr. Kauch .