European Council has 'serious doubts' over GM feed opt-out proposal

The legal service of the European Council has expressed serious concerns over the European Commission's proposal to allow member states ban imports of GM food and feed into their territory. 
 

The Commission’s proposal that would allow nations ban the import of GM food and feed onto their territory was strongly rejected by the European Parliament back in autumn 2015.
 

The Commission did not withdraw the legislative proposal in the aftermath of the rejection, so the proposal was sent to be discussed by the EU Council of Ministers.
 

However, at an agriculture council meeting back in July, before the Parliament vote took place, the legal service of the Council was asked to provide an opinion on the proposal.
 

Conclusion
 

In its conclusion, finalised in early 2016, the legal service says it has “serious doubts” over whether the proposal in its current form is compatible with internal market and World Trade Organisation rules.
 

The opinion also concludes that the Commission provides “no evidence” that its proposal would result in “an improved functioning of the authorisation and safeguard mechanisms provided for” in the regulation it wishes to amend.
 

This regulation, (EC) No 1829/2003, aims to ensure the safety of GM food and feed, while at the same time establishing an internal market for those products.
 

Doubts
 

As evidenced by the Parliament’s rejection of the proposal last year, several member states had expressed doubts over the compatibility of the proposed legislation with trade rules, doubts that have now been confirmed by the Council’s legal service.
 

In response to the legal opinion, a spokesperson for the Commission said its proposal is "legally correct and compliant with internal market rules and international obligations".
 

The spokesperson added that it is analysing the legal opinion and will react to it during the future discussions in Council.
 

Meanwhile, the Commission is also finalising a document on the status of the GM food and feed market. Once these files are forwarded to Council, the Presidency will decide on the next steps.
 

The Netherlands, which took over the presidency of the European Union for six months starting in January 2016, is one of the member states opposed to the proposed legislation. Therefore, it remains to be seen whether the Dutch presidency will facilitate a common position on this issue during its tenure.