The New Codex Alimentarius Commission Standards for Food Created with Modern Biotechnology: Implications for the EC Gmo Framework's Compliance with the Sps Agreement

30 Pages Posted: 15 Sep 2004

Abstract

Much of the debate in recent years surrounding genetically modified organisms (GMO) has centered on the creation of a formal protocol for regulating the transboundary movement of GMOs as well as what products or processes would be included in the definition of GMO. If a member chooses to create a measure which seeks a higher level of protection than the international standard, it must conduct a risk assessment and justify the more stringent protection on scientific grounds. Whereas the Deliberate Release Directive seeks to protect human health and the environment when GMOs are released into the environment or placed on the market, the Codex guidelines state specifically that it does not cover risk to the environment. However, Article 28 of the Deliberate Release Directive also requires a scientific committee be consulted when there is an objection raised by the E.C. member authority or the Commission regarding the risks of GMOs, when a risk assessment report indicates that a GMO should not be placed on the market, or at the discretion of the Commission or the relevant authority of the E.C. member.

Keywords: WTO, GMO, SPS Agreement, TBT Agreement, Codex Alimentarius

JEL Classification: F10, F13, K32, N5

Suggested Citation

Ostrovsky, Aaron A., The New Codex Alimentarius Commission Standards for Food Created with Modern Biotechnology: Implications for the EC Gmo Framework's Compliance with the Sps Agreement. Available at SSRN: https://ssrn.com/abstract=589901

Aaron A. Ostrovsky (Contact Author)

University of Michigan at Ann Arbor ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

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