This chapter analyses the compatibility of the regulation of genetically modified organisms (‘GMOs’) in the European Union (‘EU’) with WTO law and CETA, particularly with regard to genome editing techniques like targeted mutagenesis. The analysis reveals that while the EU’s GMO framework could have been legitimate under WTO and CETA for conventional genetic modification techniques, it no longer holds for all new genome editing techniques. This is due to the EU Commission’s decision to treat the risks associated with genome editing techniques such as targeted mutagenesis and cisgenesis as similar to conventional breeding methods. The analysis concludes that regulating GMOs under WTO and CETA frameworks is challenging, and the EU may need to adapt its laws to meet international trade requirements. The Cartagena Protocol, though more suited for GMO trade, lacks global support, especially from major biotech trade countries. Thus, the EU must navigate these complex regulations, potentially facing disputes over its GMO laws in international trade forums.

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EU Regulations on Genome Edited Plants Under WTO Law and CETA

  • Elisabeth Anna Lümkea Andersen

摘要

This chapter analyses the compatibility of the regulation of genetically modified organisms (‘GMOs’) in the European Union (‘EU’) with WTO law and CETA, particularly with regard to genome editing techniques like targeted mutagenesis. The analysis reveals that while the EU’s GMO framework could have been legitimate under WTO and CETA for conventional genetic modification techniques, it no longer holds for all new genome editing techniques. This is due to the EU Commission’s decision to treat the risks associated with genome editing techniques such as targeted mutagenesis and cisgenesis as similar to conventional breeding methods. The analysis concludes that regulating GMOs under WTO and CETA frameworks is challenging, and the EU may need to adapt its laws to meet international trade requirements. The Cartagena Protocol, though more suited for GMO trade, lacks global support, especially from major biotech trade countries. Thus, the EU must navigate these complex regulations, potentially facing disputes over its GMO laws in international trade forums.