Excluding Coexistence of GMOs? The Impact of the EU Commission's 2010 Recommendation on Coexistence

Abstract

In the midst of the European Union (EU) genetically modified organisms (GMOs) regime, coexistence of GM and non‐GM crops alongside each other remains technically within the competence of the Member States. Post EU authorization of a GM crop, Member States may legally take appropriate measures to limit or prevent the presence of GMOs within non‐GM crops. In July 2010, as part of a Cultivation Package, the Commission created a new Coexistence Recommendation that supports a flexible approach to more stringent coexistence measures by the States, while attempting to maintain control over the legitimate objectives justifying the measures. This article analyzes the impact of the 2010 Recommendation upon coexistence in the context of the existing practices and the previous 2003 Recommendation, taking into account its status as a soft law document and the ‘domino effect’. It is argued that the 2010 Recommendation may have greater practical and legal ramifications for coexistence than might first be thought. In attempting to create guidelines that allow a more flexible and inclusive approach towards national measures, the 2010 Recommendation may act as a catalyst to eventually exclude GM cultivation within Member States.

Uniformity, Experimentalism, and the Unfulfilled Promise of Differentiated Integration in EU Regulation of GMOs: Which Way Forward?

“…They are entitled to introduce, based on socio-economic concerns, national and/ or regional measures to avoid the unintended presence of GMOs in other products (e.g. through the declaration of GM-free zones), but this must be done in line with the Treaty provisions on the Internal Market (Dobbs 2011;Balias 2005). After the 2015 reform, Member States have also authority to decide whether they will allow (or not) cultivation of any individual GMO on their territory (see further section 6 below).…”

Attaining Subsidiarity-Based Multilevel Governance of Genetically Modified Cultivation?

“…Furthermore, due to the environment's permeable nature and plants' propagation capacity, cultivation decisions at one location/level impact upon cultivation decisions elsewhere, irrespective of level and objectives. This is highlighted by the substantial difficulty currently in cultivating GM crops alongside non-GM crops without admixture (presence of GMOs in non-GM crops) occurring and one agri-type dominating over another, 66 i.e. harmonious coexistence.…”