UDK 663.51
Roman Jurík
EUROPEAN UNION DOMESTIC PRODUCTION AND IMPORT OF GENETIC MODIFIED FOODS
Trnava University of Trnava, Faculty of Law, Slovak Republic
Использованием ГМО обеспокоены во всем мире. В ЕС существует множество правовых актов, регулирующих использование и маркировку продукции с использованием ГМО. Такие ограничения влияют на международный рынок. Вместе с тем Евросоюз, как член Всемирной Торговой Организации, обязан соблюдать правовые рамки международного рынка, установленные ВТО. Использование и импорт ГМО в Евросоюз привели к международным торговым спорам, которые были разрешены ВТО. Между бывшими Европейскими сообществами, с одной стороны, и США, Канадой и Аргентиной – с другой, возникало 3 спорных момента, которые были урегулированы экспертной группой. Было обнаружено нарушение Договора с ВТО по вопросам санитарных и фитосанитарных норм. Европейскому Союзу пришлось изменить свое законодательство относительно ГМО. Этим фактом были не довольны многие жители ЕС, однако, несмотря на это, Евросоюзу пришлось выполнить свои обязательства.
Phenomenon of genetic modified organisms (GMO) should be reflected by all states of the world and also by the European Union. The first act of former European Communities dealing with was the Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms from 1990. The main objective of this directive was to protect people health and environment before GMO. Directive didn’t prohibit the planting and raising or using of GMO, but it gave to the member states obligations to reach its main objective. Directive defined terms as deliberate release of GMO as condition for using of GMO and placing them on the market. Sensitive provisions of the directive were the obligations for importers of GMO, who placed GMO on the market. They had to notify placing of GMO to the competent authority of the affected member state. The notification was quite complicated. This notification should protect human health and environment before GMO, but it represented also restriction by using and especially importing of GMO – especially in the point of view of sensibility of any restriction of international trade.The Directive 90/220/ECC was replaced by the Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC from 2001. After revision of the Directive 90/220/EEC where the restrictive measures modified and prolonged (and the Directive 90/220/EEC was repealed).European Union has adopted many another acts affecting GMO and promoting restrictions of placing of the GMO on the EU market. Quiet strict restrictions introduced the Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients from 1997. This Regulation provided measures on placing all foods into the EU market, but it was special restrictive concerning to the GMO.The concern of the European Union for GMO is visible in many other acts regulating legal regime of using of GMO. For example Commission Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms, Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed, Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC, Commission Regulation (EC) No 641/2004 of 6 April 2004 on detailed rules for the implementation of Regulation (EC) No 1829/2003 of the European Parliament and of the Council as regards the application for the authorisation of new genetically modified food and feed, the notification of existing products and adventitious or technically unavoidable presence of genetically modified material which has benefited from a favourable risk evaluation, Directive 2009/41/EC of the European Parliament and of the Council of 6 May 2009 on the contained use of genetically modified micro-organisms (Recast), Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003 on transboundary movements of genetically modified organisms . All those measures had affect to the international market regulated by the WTO. It was important event in 1999, when European Commission de facto stopped approval of new GMO foods without formally legal Union act .Restrictions in importing of GMO products and placing them on the EU market caused more disputes between European Union and another states outside the Union. Three disputes were settled by the WTO. All of those disputes formally began in 2003 and they got sign DS291, DS292 and DS293 . In case DS291 the complainant were United States of America, in case DS292 Canada and in case DS293 Argentina. USA, Canada and Argentina requested consultation with former European Communities because of measures of former EC and their member states affecting imports of agricultural and food, especially moratorium of approval of placing of biotech products applied by the former EC since October 1998. All three complainants requested the establishment of panel. Dispute Settlement Body on its meeting in August 2003 established single panel for all those three disputes. The panel overstepped the period of 6 months, witch is the regular period of working of the panel. The delay was caused by request of disputes parties as well for complicated scientific issues, which had the panel to investigate. Report of the panel was circled to WTO members on September 2006. The panel in the report found that the former European Communities violated the WTO treaties, especially the Agreement on the Application of Sanitary and Phytosanitary Measures by applying de facto moratorium on the approval of the biotech products between June 1999 and August 2003, when the panel was established. However, the panel didn’t satisfy all claims of the complainants. The Dispute Settlement Body adopted the report of the panel on it’s meeting in September 2006. No dispute party appealed the panel report.European Union had to implement the report of the panel. In accordance with the Article 21.3 (b) of the Dispute Settlement Understanding DSB agreed with reasonable period for implementing of the panel report by former European Communities. Later the period was prolonged and the parties announced that the period will expire in January 2008 for USA, in March 2009 for Canada and in March 2010 for Argentina. European Union had to liberate the regime of import and placing of GMO products into it’s market according to the dispute settlement.It was for many EU citizens, politicians and environmental activists unsatisfied the result of the dispute settlement by the WTO. However European Union had to respect the result. Result without sufficient acknowledgments on effect of using GMO on human health and environment. It will be interesting to observe further development in this area.
Literature
1. BRÖSTL, A. et al. Ústavné právi Slovenskej republiky. Plzeň: Vydavatelství a nakladatelství Aleš Čeněk, s.r.o., 2010. ISBN 978-80-7380-248-6.2. BERDISOVÁ, L., TRNKÓCY, S. Vzťah ústavného práva členských štátov Európskej únie a práva ES/EÚ – problematika prednosti. Žilina: Poradca podnikateľa, spol. s.r.o., 2007. ISBN 978-80-88931-68-3.3. PRÍBELSKÝ, P. Quo vadis, slovenský ústavný systém? In: Ústavné právo 20 rokov po páde komunizmu. Plzeň: Vydavatelství a nakladatelství Aleš Čeněk, s.r.o., 2011 – P. 78–101. ISBN 978-80-7380-302-5.4. HURNÁ, L., RUSIŇÁK, P. Právo Európskej únie. Bratislava: Ekonóm, 2010. ISBN 978-80-2253-048-4.5. McMAHON, J.A. EU agricultural law. Oxford: Oxford University Press, 2007. ISBN 978-19-0450-165-7.
Using of GMO is sensitive issue in all world. European Union regulates using and placing on it’s marked of GMO by many acts. Such regulation has impact to the international market. However, EU as member of WTO have to respect a legal framework of international market settled by WTO. EU practice by using and especially import of GMO caused international trade disputes, which was settled by the WTO. There where three disputes between former European Communities on the one side and USA, Canada and Argentina on the other side settled by the panel. The panel fund violating of WTO Agreement on the Application of Sanitary and Phytosanitary Measures. EU had to change it’s policy on GMO. Many EU citizens were unsatisfied by this result. However, EU had to fulfill it’s obligations.
1. EUR-LEX, Genetically modified organisms (GMOs) <http://eur-lex.europa.eu/en/dossier/dossier_48.htm> 11. 4. 2011.
2. Euroinfo <http://www.euroinfo.gov.sk/geneticky-upravene-potraviny-4c8.html> 11. 4. 2011.
3. WTO: <http://www.wto.org/english/tratop_e/dispu_e/find_dispu_cases_e.htm?year=none&subject=G103&agreement=none&member1=none&member2=none&complainant1=true&complainant2=true&respondent1=true&respondent2=true&thirdparty1=false&thirdparty2=false#results> 11. 4. 2011.
