Vol. 1 No. 2: Should the European Union Proceed with the Implementation of New GMO Rules?

Should the European Union Proceed with the Implementation of New GMO Rules?

Ross H. Pifer, Director, The Agricultural Law Resource and Reference Center, Penn State University, The Dickinson School of Law
Richard J. Lupinksky, Jr. Research Fellow, The Agricultural Law Resource and Reference Center, Penn State University, The Dickinson School of Law

Pifer and Lupinsky conclude that new GMO rules in the European Union need additional clarity to create a proper framework for the approval of genetically modified products, explaining that "stakeholders on all sides believe that the proposal actually will increase legal uncertainty and create more chaos surrounding both the decision-making process and labeling standards."

The authors specifically recommend that the European Commission:

• Modify the major standard expressed in proposed article 26b(a), a European Union Member States' Directive, to provide greater clarity on the specific bases upon which Member States can restrict or prohibit cultivation of particular GMOs.
• Integrate and harmonize the content of Article 26b with the Safeguard Clause (Article 23).
• Preserve principals of internal market functioning by maintaining uniform standards of labeling for the adventitious presence of GMOs.

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