The Coexistence of Genetically Modified Crops with Other Forms of Farming: The Regulation by EU Member States in the Light of EC Law

Contents

Introduction

 The regulatory approach of EC Law

1. EC standards for ecological agriculture

2. Free circulation of GMOs authorized for marketing

3. No justification of national restrictions by virtue of purported consumer habits and cultural preferences

4. EC standards for authorization and labelling of products with adventitious or technically unavoidable presence of GMOs

5. Measures to avoid the unintended presence of GMOs under Article 26a (1) of Directive 2001/18/EC

6. 1. The limited scope of Article 26a (1)

   2. Proportionality of national measures

   3. Relevance of the thresholds established for the adventitious presence of GMOs

   4. The relevance of the European Commission’s guidelines on the coexistence of genetically modified, conventional and organic crops

Operator obligations of evaluation and monitoring

1. EC standards for ecological agriculture

2. Free circulation of GMOs authorized for marketing

3. No justification of national restrictions by virtue of purported consumer habits and cultural preferences

4. EC standards for authorization and labelling of products with adventitious or technically unavoidable presence of GMOs

5. Measures to avoid the unintended presence of GMOs under Article 26a (1) of Directive 2001/18/EC

6. 1. The limited scope of Article 26a (1)

   2. Proportionality of national measures

   3. Relevance of the thresholds established for the adventitious presence of GMOs

   4. The relevance of the European Commission’s guidelines on the coexistence of genetically modified, conventional and organic crops

1. Evaluation

2. Monitoring

Prevention

1. EC standards for ecological agriculture

2. Free circulation of GMOs authorized for marketing

3. No justification of national restrictions by virtue of purported consumer habits and cultural preferences

4. EC standards for authorization and labelling of products with adventitious or technically unavoidable presence of GMOs

5. Measures to avoid the unintended presence of GMOs under Article 26a (1) of Directive 2001/18/EC

6. 1. The limited scope of Article 26a (1)

   2. Proportionality of national measures

   3. Relevance of the thresholds established for the adventitious presence of GMOs

   4. The relevance of the European Commission’s guidelines on the coexistence of genetically modified, conventional and organic crops

1. Evaluation

2. Monitoring

1. General Standards for Proportionality

2. Precautionary duties as to interferences between genetically modified crops and organic crops

3. Mandatory obligations for persons handling GMOs

4. Required product information

Liability for the adventitious presence of GMOs in neighbouring crops

Effects of authorized releases of GMOs on neighbouring crops

Supervision under rules of environmental law

Summary