The European Commission has proposed legislation that would allow member states to set their own policies for regulating genetically modified (GM) crops. If approved by the European Parliament and individual governments, the proposal would permit countries to approve, restrict or prohibit the cultivation of GM crops, even those deemed safe by the scientific mechanisms currently in place. Under this new framework, member states could bar GM crops for reasons “other than the identification of a risk for the environment, human or animal health.” See EC Citizen’s Summary, July 13, 2010.

The proposed legislation apparently seeks to end a 12-year gridlock among member states with different stances toward GM crops. In light of this dilemma, the commission has also drafted new recommendations for avoiding the unintended presence of GM products in those marketed as GM-free. This non-binding guidance (i) “allows for measures aiming to limit GMO content in conventional food and feed to levels below the labeling threshold of 0.9 [percent]”; (ii) “clarifies that Member States can establish ‘GMO-free’ area [sic]”; and (iii) “provides better guidance to Member States to develop co-existence approaches.” In addition, according to a July 13, 2010, press release, the European Co-existence Bureau will continue developing “best practices for co-existence as well as technical guidelines on related issues.”

Meanwhile, Friends of the Earth (FOE) has publicly dubbed the proposal “deeply flawed, legally and politically.” The environmental group has reportedly argued that the legislation offers member states additional ethical objections only, “which are legally intangible, subjective and easily overturned in court,” in exchange for relaxed vigilance during the application and scientific review process. “Any country wanting to ban GM crops under these proposals will open themselves up to legal challenges from biotech corporations who want to force GM crops into Europe,” one FOE spokesperson was quoted as saying. See The Parliament, July 14, 2010.

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