European Parliament and Council reach agreement on transboundary movement of GMOs, June 2003

The European Parliament and the Council of the European Union have reached agreement on the transboundary movement of GMOs after the European Parliament endorsed the proposal at its second reading on 4 June 2003.

The new Regulation is designed to implement part of the Cartagena Protocol on Biosafety, which the EU ratified in June 2002. The Protocol, the first Multilateral Environmental Agreement to be concluded in the new Millennium, aims to provide better worldwide management and better access to information on genetically modified organisms (GMOs). It is designed to protect biological diversity and human health from the potential risks posed by living modified organisms resulting from modern biotechnology by establishing an international legal framework for the cross-border movement of GMOs on the basis of the 'precautionary principle'.

The European Commission presented a proposal [COM(2002)85] for a Regulation on the cross-border movements of GMOs on 22 February 2002. The main elements of the proposal are:

• The introduction of a notification obligation for exports of GMOs intended for deliberate release into the environment.

• The introduction of an information obligation at international level on EU practices, legislation and decisions on GMOs. It sets rules for identification of GMOs for exports in line with the latest EU developments (the Labelling and Traceability proposal).

• As an Importer of GMOs, the Protocol allows the European Union to utilise existing EU legislation on the basis that it is consistent with the requirements of the Protocol, which has been proven to be the case after careful assessment. To this extent, this Proposal does not cover imports and intra-EU movements of GMOs as such, but only refers to the relevant EU legislation.

Agreement between the Council and the Parliament was made possible after three controversial issues were resolved through the co-decision procedure:

• Prior consent for import: exporters should await the prior written express consent of the Party or non-Party of import before proceeding with the first transboundary movement of a GMO intended for deliberate release into the environment

• Pharmaceutical products for humans that are addressed by other international agreements or organisations, to which the Community or the relevant Member State is a Party or a member, are excluded from the Regulation's scope

• Access to environmental information: exporters are requested to keep for a period of five years the notification sent to the competent authority of the Party or non-Party of import, prior to the first transboundary movement of a GMO

The compromise text of the new Regulation is broadly in line with the overall approach of the European Commission's original position, but includes stricter provisions as regards the explicit consent to be given from importing countries. Welcoming the conclusion of negotiations in time, which will allows the EU to respect the international deadlines, Environment Commissioner Margot Wallström said:

'The agreement achieved today confirms the determination of the European Union to fully implement the Biosafety Protocol as soon as it enters into force. The European Union has been a key player in the international negotiations from the very beginning, and we are now sending a clear signal that we are able to honour our commitments'.

The Environment Council is expected to formally approve the agreement, by qualified majority voting, on 13 June 2003. The EU hopes that by introducing the necessary legislation to implement the provisions of the Cartagena Protocol, it will encourage other countries to follow suit. The Protocol is seen as an essential instrument in enabling developing to take informed decisions when importing GMOs.

Links:
European Commission:
	04.06.03:	Press Release: The European Parliament approves in second reading the Proposal for a Regulation on the transboundary movements of genetically modified organisms [IP/03/790]
	22.02.02:	Press Release: Responsible management of GMOs: Commission proposes EU implementation of Cartagena Protocol on Biosafety [IP/02/299]
	Proposal for a Regulation on the transboundary movement of genetically modified organisms [COM(2002)85]
Council of the European Union:
	06.06.03:	Press Release: Council-Parliament agreement in second reading: Transboundary movement of GMOs [PRES/03/161]
The European Parliament:
	04.06.03:	Daily Notebook: Cross-border movement of GMOs
	Report on the Council common position for adopting a European Parliament and Council regulation on transboundary movements of genetically modified organisms [A5-0154/2003]
	The Legislative Observatory: Progress of COM(2002)85 through the decision-making process
Convention on Biological Diversity:
	Cartagena Protocol on Biosafety
European Sources Online: In Focus
	GMOs: EU ratifies the Cartagena Protocol on Biosafety

Helen Bower

Compiled: Wednesday, 11 June 2003

The European Parliament and the Council of the European Union have reached agreement on the transboundary movement of GMOs after the European Parliament endorsed the proposal at its second reading on 4 June 2003.