Can Science Tame Politics: The Collapse of the New GMO Regime in the EU (original) (raw)

On 2 March 2010 the European Commission authorised the cultivation of a BASF's genetically modified potato "Amflora" throughout the European Union. This came after a tortuous process commenced in 1996 and so far it is the only authorisation of a GMO for cultivation in EU since the current regulation was established. 1 On 3 March 2010, President Barroso announced that the Commission intends to propose amendments to the current regulation to allow the Member States to prohibit the cultivation of GMO authorised for cultivation in the EU and it did so on June 13, 2010. This is one of the very few cases where decision-making power is effectively devolved back from Union to state level; it is even more impressive that this is happening on the initiative of the Commission and despite the obvious negative consequences for the internal market. 2 In the meantime BASF botched the 2011 growing season for Amflora in Sweden and in 2012 announced that it withdraws its GM crops from the EU. This article follows the saga of the first and only cultivation authorisation under the current GMO regime and purports to find the reasons why it entailed its immediate collapse. 1 This is the only authorisation for cultivation issued so far under the current regime. There is another GMO which can be grown-the maize MON810, but it was authorised in the 90s under the old regime. There are several other GMOs which were authorised under the current regime but for use only and they must be grown elsewhere. 2 Yet even though the announcement of the prospective regime change was prompted by the authorisation of the Amflora, it was by no means caused by it; the prospect for amendments was conceived as early as 2008 (see below). 3 For detailed and comprehensive accounts of the issues in the context of international law and the transatlantic relations see Alberto Alemanno, Trade in Food: Regulatory and Judicial Approaches in the EU and the WTO (Cameron May 2007) and also Mark A. Pollack and Gregory C. Shaffer, When cooperation fails: the international law and politics of genetically modified foods (Gregory C. Shaffer ed, Oxford University Press 2009). 4 For a detailed history of the biotech regulation in EU see Shane H. Morris and Charles Spillane, 'EU GM crop Regulation: A Road to Resolution or a Regulatory Roundabout?' (2010) 1 European Journal of Risk Regulation 359.