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EU R egulations on GMOs – decisions based on science or emotions?

EU R egulations on GMOs – decisions based on science or emotions?. Jolanta B esfamilnaja , Sebastian Mutala, Felix Runer and Tove Skärblom . Task:.

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EU R egulations on GMOs – decisions based on science or emotions?

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  1. EU Regulations on GMOs– decisionsbased on science or emotions? JolantaBesfamilnaja, Sebastian Mutala, Felix Runerand Tove Skärblom

  2. Task: • To whatextent – if at all - does EU regulations on GMOs, whichrelies on technical risk assessmentof the human health and environmentalimpactsof GMOs, consider emotional discourse? • Ought it?

  3. The Regulations - a triptych:

  4. Comitology process • EU countries control how the European Commission implements EU law. • The Commission consult for the detailed implementing measures it proposes in a committee where every EU country is represented. • No qualified majority for or against – Commission choose: carry out the proposed implementing measure or submit a new version of it to the committee. • Invokes emotion discourse?

  5. Case law: (2011): Monsanto SAS and othersC-58/10 to C-68/10 • Cultivation ban can be adoptedonlyif ”the situation is likelytoconstitute a clear and serious risk to human health, animal health or the environment”. • A clearverdict, that EU memberstatescannot ban GM based on myths and hearsay?

  6. Case law: (2012): Pionerr Hi Bred Italia Srl v MinisterodellePoliticheagricolealimentari e forestali C – 36/11 • “The cultivation of genetically modified organisms such as the MON 810 maize varieties cannot be made subject to a national authorisation procedure when the use and marketing of those varieties are authorized”.

  7. Case law (2011): Karl Heinz Bablok and Others v Freistaat Bayern C – 442/09 • All honey containing traces of genetically-modified (GM) productsmust always be regarded as food produced from a GMO; • Honey contaminated by pollen from a GM maize variety cannot be sold on the market; • A proof how conventional and genetically-modified agriculture cannot co-exist?

  8. Legality: the Internal Market The Treaty and Cassis • Does the GMO legislationconform to internaltraderules?

  9. EU policy and International agreements GATT/SPS • Decision of 2006: The EU hadactedcontrarytoits international obligations Implication for the EU policy • The decision wasnarrow: focused on unduedelay • Will it affectfuture EU policy?

  10. Is the WTO a ”good forum” for GMO conflicts? • Whychoose WTO/SPS over the CPB? • Further WTO action is possible – however the politicalimplicationsareto be considered

  11. Should the regulation of GMOs consider emotion discourse? Philosophical arguments • What is the objective of [GMO] legislation? • Harmonization? • A free market? • An accurate reflection of the will of the demos? • What is our core sociological / political pursuit? • To increase understanding? • To make scientific progress? • Happiness?

  12. Should the regulation of GMOs consider emotion discourse? Democracy and Legitimacy • Is there a ‘democratic deficit’ in GMO regulation? • Recent developments • Comitology • European Citizens’ Initiative

  13. Should the regulation of GMOs consider emotion discourse? Democracy and Legitimacy • The democratic case for increased uptake of emotion discourse in GMO regulation • What form would emotion discourse take? • Direct democracy • Representative democracy • Special interest • A question of trade-offs

  14. Any questions?

  15. Thankyou for listening!

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