Member States are free to decide on the cultivation of genetically modified crops

On 13 July 2010, the European Commission published a Communication to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions, on the freedom for Member States to decide on the cultivation of genetically modified crops.

As stated in the Communication, the procedure covers the use of GMOs as well as their derived products for food and feed, industrial processing and cultivation.

At EU level, GMOs are currently "managed" by the following pieces of legislation:
 Directive 2001/18/EC on the environmental release of GMOs,
 Regulation 1829/2003 on genetically modified food and feed,
 Regulation 1830/2003 on the traceability and labelling of GMOs and the traceability of food and feed products produced from GMOs

While the European Food Safety Authority (EFSA) is in charge of the scientific assessment of the product, national scientific authorities also playa role in this regard as well as regarding the initial environmental risk assessment. EFSA develops guidelines for the environmental assessment which provides normative values. These values are later on discussed by the European Commission and Member States.

The Communication states that the reform of the current system will be undertaken in two stages:

 a revision of the co-existance Recommendation (2003/556/EC) allowing Member States to adopt further measures avoiding the unintended presence of GMOs in conventional and organic crops; and
 the possibility for Member States to limit or prohibit the cultivation of certain GMOs based on grounds other than those already existing within EU rules.

On 13 July 2010, John Dalli, EU Commissioner for Health and Consumer Policy presented the European Commission package on the issue and the Communication in particular. While European Parliament reactions were divided, the Commissioner attempted to respond to some of the concerns expressed by several MEPs. Finally, Mr Dalli also mentioned a report on the socio-economic impact of GMOs to be expected for the end of 2010.

For further information:

Communication form the European Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on the freedom for Member States to decide on the cultivation of genetically modified crops (COM(2010) 380)

EPHA related articles:

 Risk Assessment for GMOs: The Role for Europe
 EPHA communicated position on GMOs to all Commissioners, May 2008
 Traceability and Labelling of GMOs