Justifying restrictions on

the cultivation of GM
crops?
ALDE seminar, Brussels, 31 March 2011
Dr. Ralf-Michael Schmidt
 Challenges in global agriculture

Growing world population Industrial applications

Speculation

Crop
demand
Rising standards of living
will double Increasing energy demand
in the next
20-30 years

ÎBiotechnology can help to meet the demand

2
 Cultivation of GM crops worldwide:
Socioeconomic aspects

■Added value (1996-2009):

65 bill. US-$ (farm level)
■Yield increase (1996-2009):
equivalent to yield of
conventional crops on
75 mio. ha
■Reduction in CO2-emissions
(2009): equivalent to the
CO2-emissions of 7,8 mio.
cars

Source: Clive James, ISAAA 2010

Source: ISAAA Letter 42: Global Status of Commercialized Biotech / GM Crops: 2010
3
 GM crop cultivation:
Safety aspects

“EC-sponsored Research on Safety of

Genetically Modified Organisms.’’ (1985-2000)

“The use of more precise technology and the

greater regulatory scrutiny probably makes GMOs
even safer than conventional plants and foods.”

"A decade of EU-funded GMO research.’’

(2001-2010)

“Biotechnology, and in particular GMOs,

are not per se more risky than e.g.
conventional plant breeding technologies.”
4
 Commission proposal on nationalization:
Legal aspects
„ Council Legal Service Opinion (5 November 2010):
● The proposal is not validly based on Art. 114 TFEU.
● Purely economic, ethical and moral grounds to opt-out are questionable.
● WTO compatibility is questionable.

„ European Parliament Legal Service Opinion (17 November 2010):

● Legal base (Art. 114 TFEU) of the proposal is given.
● Purely economic, ethical and moral grounds to opt-out are questionable.
● WTO compatibility is questionable.

„ Commission Legal Service Reaction (19 November 2010):

● The proposal is validly based on Art. 114 TFEU.
● Grounds to opt-out: "...do not exclude that apart from ethics, other grounds could be
invoked such as 'public order' ... , or other reasons relating to public interest aiming at
preserving cultural and social tradition or at ensuring feasibility of controls or balanced
rural conditions."
● „…GATT compatibility will depend on what kind of measure would be adopted....“

5
 Commission list:
Potential grounds to ban GMO cultivation

„ "Public morals (incl. religious, philosophical and ethical concerns);"

„ "Public order;"

„ "Avoiding GMO presence in other products....;"

„ "Social policy objectives...;"

„ "Town and country planning / land use;"

„ "Cultural policy...;"

„ "General environmental policy objectives, other than assessment of the adverse effects
of GMOs on environment...;"

Source: European Commission, Brussels, 08.02.2011, SEC(2011)184 final

6
 Nationalization of cultivation:
Issues to be taken into consideration

„ EU-wide authorization of GM plants for cultivation based on a scientific

evaluation by EFSA has to be kept:
Farmers and industry need predictable and reliable conditions to work.

„ Freedom of choice has to be provided:

Member States who want to offer to their farmers the freedom to choose modern
agricultural technology should be free to do so. Reticence in one Member State
should not restrict advancement in another.

„ The grounds for opting-out are problematic:

Criteria suggested so far seem to contradict internal market and WTO law.

„ Co-existence should not be EU mandatory:

Currently EU voluntary co-existence guidance exists and is an important tool to
allow different farming systems to operate in parallel. Each Member State must
have the right to determine the appropriate nature of national coexistence
measures.
7
Thank you!