PPKE JÁKBudapest

Jean Monnet Centre of Excellence

Environmental Democracy Conference

19th October, 2012

Public Participation

Biotechnology and Agriculture

Tahyné dr Kovács ÁgnesPPKE JÁK

WHAT IS GMO?

• Article 2 (2) Definition

Directive 2001/18/EC

on the deliberate release into the environment of GMOs

• "genetically modified organism (GMO)" means an organism, with the exception of human

beings, in which the genetic material has been altered in a way that does not occur naturally by mating and/or natural recombination;

Use of GMOs• Agriculture

• Food industry

• Pharmaceutical industry

• Military

• Industrial: the living machine

sewage system

Why is pp important?

• The public should have a strong voice, because it is the public as consumers

who will eat GMOs,

and there is evidence of support for the view that regulation should impose at least a labeling obligation.

Aspects of public participation(in the light of participation rights)

• Informing and educating the public

• Consult the public in the decision-making process (& make the results of the decisions available to the public)

• Demonstrations (the role of NGOs – public protests)

Informing the public: dual interests

CARTAGENA PROTOCOL ON BIOSAFETY TO THE CONVENTION ONBIOLOGICAL DIVERSITY

Article 23 PUBLIC AWARENESS AND PARTICIPATION

1. The Parties shall:• (a) Promote and facilitate public awareness, education and participation

concerning the safe transfer, handling and use of living modified organisms in relation to the conservation and sustainable use of biological diversity, taking also into account risks to human health. In doing so, the Parties shall cooperate, as appropriate, with other States and international bodies;

• (b) Endeavour to ensure that public awareness and education encompass access to information on living modified organisms identified in accordance with this Protocol that may be imported.

2. The Parties shall, in accordance with their respective laws and regulations, consult the public in the decisionmaking process regarding living modified organisms and shall make the results of such decisions available to the public, while respecting confidential information in accordance with Article 21.

3. Each Party shall endeavour to inform its public about the means of public access to the Biosafety Clearing- House.

REGULATION (EC) No 1830/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 September 2003concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC

This Regulation provides a framework for the traceability of products consisting of or containing genetically modified organisms (GMOs),

and food and feed produced from GMOs, with the objectives of facilitating accurate labelling, monitoring the effects on the environment and, where appropriate, on health, and the implementation of the appropriate risk management measures including, if necessary, withdrawal of products.

This Regulation shall apply, at all stages of the placing on the market, to:

• (a) products consisting of, or containing, GMOs,

• (b) food produced from GMOs,

• (c) feed produced from GMOs,

= placed on the market in accordance with Community legislation.

LABELLING

For products consisting of or containing GMOs, operators shall ensure that:

(a) for pre-packaged products consisting of, or containing GMOs, the words ‘This product contains genetically modified organisms’ or ‘This product contains genetically modified [name of organism(s)]’ appear on a label;

(b) for non-pre-packaged products offered to the final consumer the words ‘This product contains genetically modified organisms’ or ‘This product contains genetically modified [name of organism(s)]’ shall appear on, or in connection with, the display of the product.

Precise labeling is rare

Demonstrations

• The rule of NGOs: public protests

all over the world

• 6bis Aarchus Convention

The judicial view on public protests against GMOs

• Protests started in the US and eventually spread to Europe

• Initially, courts viewed these actions as economic crimes (Greenpeace violations of private property: occupying

factories; “correct” re-labeling of product in retail stores…etc.)

• Over time, courts have begun to adjust their view, taking the environmental and health-related aspects into consideration

The effect of public participation would seem to be blunted by a combination of factors:

 

• not all the measures = prescriptive

• the effectiveness of consultation procedure

• public participation is dependent on access to information

Thank you for your attention!