Obszary wolne od GMO w Polsce
GMO-Free Regions in Poland

Summary/Abstract: The matter of admissibility of broadly defined application of genetically modified organisms raises many controversies in Poland. At the same time, in default of substantial content-related public debate, many myths, ambiguities and misgivings have arisen about the issue. In the European and Polish law, a lack of regulations defines expressis verbis the concept of “GMO-free regions”. But, it appears that it is of various meanings. Sensu stricto, “GMO-free regions” would cover a definite territory within which genetically modified organisms are not generated purposely for deliberate release to the environment. The broad meaning of “GMO-free regions” would cover a territory within which genetically modified organisms are not only not generated in order to be deliberately released to the environment, but their closed use, placing on the market or processing are also prohibited. The analysis of the applicable legislation indicates to the fact that Poland has not established outright and directly such regions, in particular concerning: deliberate use of genetically modified organisms within the territory of the Republic of Poland, deliberate release of genetically modified organisms into the environment and placing GM products on the market. The different situation appears in the case of admissibility of cultivation of genetically modified plant varieties within the territory of the Republic of Poland. In this case, in point of fact, Poland has become “GMO-free region”. The restrictions provided with regard to this issue have already had no primary defect in a form of their clear inconsistency with the law of the European Union, as they are not of global nature. However, still open to question is whether the reasons indicated by the Polish legislator in favour of restriction to market seed of particular genetically modified plants within the territory of the Republic of Poland can be contained in admissible limits under the protective clauses of Directive 2001/18/EC of the European Parliament and the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Directive 90/220/EEC of the Council and Directive 2002/53/EC of the Council of 13 June 2002 on the common catalogue of varieties of agricultural plant species. It may raise some doubts especially after the reading of argumentations of regulation drafts specified above, which in large degree are based on the scientific argumentation of the Republic of Hungary and the Republic of Austria, however not supported by specific domestic scientific researches.

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