Kompetencje państw członkowskich Unii Europejskiej w obszarze regulacji organizmów genetycznie zmodyfikowanych
The powers of the eu member states in the field of genetically modified organisms’ (gmo) regulation

Summary/Abstract: Division of powers between the European Community and its Member States in the field of genetically modified organisms’ regulation is a complex issue, requiring a thorough, detailed analysis of primary as well as of secondary law provi- sions. At the Community level a number of important legal acts referring to GMO and their use have been adopted, among which the central place takes a horizontal directive no. 2001/18. To determine the impact which the Community legal acts referring to GMO have on Member States’ powers in this area of regulation it is essential to analyse the legal basis of the mentioned acts, their objective and content, and finally - the degree and scope of harmonization achieved at the EC level under these acts. Despite the recent revision of Community legal regime on GMO and the adoption of several new legal acts in this field the controversies and lack of certainty with regard to placing of GMO on the Community market persist. Individual Member States (as well as their regions) are exploring the possibilities under the EC law to pursue a level of environmental and human health protection that is higher that the level deemed appropriate at the EC level and to prohibit or restrict the free circulation and use of GMO and GM products within their territory. Under the primary law the most important provisions which ought to be analysed in this context are contained in article 95 of the EC Treaty. In order to provisionally derogate from the Community provisions individual Member States may invoke the safeguard mechanism established under EC secondary law. In this study a thorough analysis of these provisions and conditions which must, be fulfilled to invoke them in order to introduce national protective measures has been conducted. Co-existence of genetically modified crops with conventional and organic farming, appropriate regulation of the issue and Member States’ powers in this field are also worth analysis. The revision of Community legal regime on GMO has been pointed out by the Member States as the prerequisite for putting an end to the so-called “de facto moratorium” and for overcom- ing the decision-making impasse with regard to placing GMO and GM products on the EC market and their use within the Community. However, many issues have not been resolved yet and they are a subject of intense debate at various levels (regional, state and Community), especially in context of the complaints filed by the United States, Canada and Argentine and the dispute settlement proceedings initiated against the European Community and its Member States in the World Trade Organisation (WTO) in the matter of EC biotechnology measures. Consequently, further comprehensive and detailed discussion is essential to en- sure effectiveness, transparency and coherence of this sensitive field of regulation and to provide the balance between the double objective pursued at the EC level: establishment of high level of environmental and human health protection as well as providing smooth, undistorted functioning of the EC internal market and safe development of modem biotechnology.

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