CONSIDERATIONS ON LEGAL ISSUES ON GMO CULTIVATION RAISED IN THE OPINION OF THE LEGAL SERVICE OF THE COUNCIL OF THE EUROPEAN UNION OF 5 NOVEMBER 201
SEC(2010) 1454 final
COM(2010) 375 final
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
amending Directive 2001/18/EC as regards the possibility for the Member States to restrict or prohibit the cultivation of GMOs in their territory
There is no doubt that soybean is the most impor- tant crop for Argentina, with a planted surface that rose 11,000,000 hectares and a production of around 35,000,000 metric tons. During the 1990s, there was a significant agriculture transformation in the country, motorize by the adoption of transgenic crops (soy- bean, maize, and cotton) under the no-tillage system. The expansion of this model has been spread not only in the Pampas but also in very rich areas with high biodiversity, opening a new agricultural border to im- portant eco-regions like the Yungas, Great Chaco, and the Mesopotamian Forest.
The introduction of genetically modified organisms (GMOs) in Europe has been characterized by controversy. In 2002, the European Union introduced the concept of ‘‘coexistence’’ as a compromise solution that, through the establishment of science-based technical measures, should allow the market to operate freely while reducing policy conflicts on GMOs.
Purpose Since more than 25 years, public dialogues, expert consultations and scientific publications have concluded that a comprehensive assessment of the implications of genetic engineering in agriculture and food production needs to include health, environmental, social and economical aspects, but only very few legal frameworks allow to assess the two latter aspects. This article aims to explain the divergence between societal debate and biosafety legislation and presents approaches to bring both together.