Introduction: genetically modified organisms (GMOs)

Genetically modified organisms (GMOs), for both human food and animal feed, are listed under European legislation, which has harmonised their authorisation procedure, labelling (all GMOs intended for food and feed must indicate this on their labelling) and traceability (through a unique code for each GMO).

Since 2003, all foodstuffs that are genetically modified organisms, that contain them or are derived from them, including foodstuffs for animals, must be labelled GMO. This allows consumers to make a choice when buying these products.

A single body is responsible for approving GMOs and placing them on the market: the European Food Safety Authority. Approved GMOs have passed specific tests proving that they do not affect human or animal health.

Traceability and labelling

The compulsory labelling of all GMO products, including those intended for animal feed, is a decisive step forward and its aim is two-fold: to inform the consumer and to ensure that the product is traceable throughout the food chain.

European legislation has harmonised these two aspects through Regulation (EC) No 1829/2003 concerning traceability and labelling, which also establishes a single authorisation procedure.

In addition, Regulation (EC) No 1830/2003 broadens the concept of GMO foodstuffs to include all types of foodstuffs containing or produced from GMOs, including proteins derived from GMOs, and incorporates additives and flavourings for human consumption, previously subject to specific legislation, as well as GMO animal feed.

Labelling had not previously been dealt with fully by a law of 1997, since it only dealt with the labelling of products containing genetically modified corn and soya.

Development of legislation

Approving GMOs and placing them on the market is governed by Regulation (EC) No 1829/2003, which establishes a single authorisation procedure for all foodstuffs containing GMOs, including animal feed, as well as the deliberate release of GMOs into the environment. This approval remains valid for ten years.

However, some applications for authorisation which were submitted before the above Regulation entered into force (7 November 2003) were approved recently under Regulation (EC) No 258/97. These GMOs were assessed by the European Food Authority or by the Scientific Committee for Food (SCF).

The beginnings of legislation on GMOs

From the outset, a horizontal approach has been taken to GMO legislation through Directive (EEC) No 219/90 on genetically modified micro-organisms and Directive (EEC) No 220/90 (now Directive (EC) 2001/18) on the release of GMOs.

Directive (EEC) No 219/90 is essentially restrictive: it aims to protect human health by guaranteeing the containment of genetically modified micro-organisms and thus preventing them from spreading into the environment. Subsequent amendments to this legislation have established a list of genetically modified micro-organisms that pose no risk to human health or the environment.

Directive 2001/18/EC, on the other hand, does allow certain GMOs to be deliberately released into the environment. However, in order to be released, the GMOs must pass a strict risk assessment, a method harmonised in the EU.

Another aspect is the movement of GMOs both inside and outside the EU, harmonised by Regulation (EC) No 1946/2003. The Biosafety Clearing-House (BCH) approves each GMO that is going to be moved across borders on a case-by-case basis.

GM crops

The only GM crop permitted in the European Union is maize. Each Member State currently applies different measures to prevent the admixture of GM and non-GM crops, according to the latest Commission report of 9 March 2006 [COM(2006) 104 final - not published in the Official Journal].

The accidental admixture of crops resulting from coexistence with GM crops can be expected to lead to economic losses for farmers involved in conventional or organic farming.

According to this report, the Commission does not plan to adopt Community rules to support the coexistence of GM and non-GM crops. The Commission had already issued recommendations on the coexistence of these two types of crops in 2003 [Official Journal L 189 of 29.07.2003].

Last updated: 06.06.2006