19 February 2011: The European Economic and Social Committee (EESC) has released an Opinion regarding a proposal that would allow EU member States to restrict or prohibit the cultivation in their territory of genetically modified organisms (GMOs) that have been approved at EU level.

If approved, the proposal would create a regulation of the European Parliament and EU Council to amend the current GMO directive of the EU. The EESC Opinion cautions that the proposal creates more vagueness than certainty and could result in the adoption of measures affecting the operation of the EU’s internal market, the legal security of operators and the credibility of the system as a whole.

In order to improve the proposal’s legal certainty, the EESC recommends introducing a concrete and enforceable legal basis in secondary EU law, with specific grounds, conditions, and procedures applicable to national measures. It also urges further clarification of the legal basis and the compatibility of possible measures taken by member States with EU internal market rules, WTO trade law, and other international legal obligations. Furthermore, the Opinion suggests considering the proposal in a parallel legislative process with the issues of coexistence and liability for GMO damages and unintended admixture, and as part of a more comprehensive review of the EU regulatory framework for agricultural biotechnology.

Finally, the EESC says a definite evaluation is not possible since the proposal can only be evaluated comprehensively in relation to the ongoing review of the authorization system and overall legal framework. [Publication: EESC Opinion on Proposal to Amend EU GMO Directive]