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Matthias Herdegen
The Coexistence of Genetically Modified Crops with Other Forms of Farming: The Regulation by EU Member States in the Light of EC Law
Introduction
The regulatory approach of EC Law
EC standards for ecological agriculture
Free circulation of GMOs authorized for marketing
No justification of national restrictions by virtue of purported consumer habits and cultural preferences
EC standards for authorization and labelling of products with adventitious or technically unavoidable presence of GMOs
Measures to avoid the unintended presence of GMOs under Article 26a (1) of Directive 2001/18/EC
The limited scope of Article 26a (1)
Proportionality of national measures
Relevance of the thresholds established for the adventitious presence of GMOs
The relevance of the European Commission’s guidelines on the coexistence of genetically modified, conventional and organic crops
Operator obligations of evaluation and monitoring
EC standards for ecological agriculture
Free circulation of GMOs authorized for marketing
No justification of national restrictions by virtue of purported consumer habits and cultural preferences
EC standards for authorization and labelling of products with adventitious or technically unavoidable presence of GMOs
Measures to avoid the unintended presence of GMOs under Article 26a (1) of Directive 2001/18/EC
The limited scope of Article 26a (1)
Proportionality of national measures
Relevance of the thresholds established for the adventitious presence of GMOs
The relevance of the European Commission’s guidelines on the coexistence of genetically modified, conventional and organic crops
Evaluation
Monitoring
Prevention
EC standards for ecological agriculture
Free circulation of GMOs authorized for marketing
No justification of national restrictions by virtue of purported consumer habits and cultural preferences
EC standards for authorization and labelling of products with adventitious or technically unavoidable presence of GMOs
Measures to avoid the unintended presence of GMOs under Article 26a (1) of Directive 2001/18/EC
The limited scope of Article 26a (1)
Proportionality of national measures
Relevance of the thresholds established for the adventitious presence of GMOs
The relevance of the European Commission’s guidelines on the coexistence of genetically modified, conventional and organic crops
Evaluation
Monitoring
General Standards for Proportionality
Precautionary duties as to interferences between genetically modified crops and organic crops
Mandatory obligations for persons handling GMOs
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
Journal of International Biotechnology Law, Walter de Gruyter
Print ISSN: 1612-6068
Volume: 2, 05/2005
Pages: 89 - 98