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Dutfield, Graham --- "Should we Regulate Biotechnology through the Patent System? The Case of Terminator Technology" [2007] ELECD 121; in Somsen, Han (ed), "The Regulatory Challenge of Biotechnology" (Edward Elgar Publishing, 2007)

Book Title: The Regulatory Challenge of Biotechnology

Editor(s): Somsen, Han

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845424893

Section: Chapter 10

Section Title: Should we Regulate Biotechnology through the Patent System? The Case of Terminator Technology

Author(s): Dutfield, Graham

Number of pages: 11

Extract:

8. Restrictions on the cultivation of
genetically modified organisms:
issues of EC law*
Sara Poli

1 INTRODUCTION

Regional authorities have recently attempted to set up genetically modified
organisms-free (GMO-free) areas, ban the cultivation of transgenic crops
within their territories, or adopt measures to limit the cultivation of
GMOs. Such measures are commonly referred to as `coexistence measures'
because they make coexistence between different forms of agriculture
(conventional, organic and transgenic) possible.
This chapter explores EC law issues arising from the establishment of
GMO-free areas and the adoption of coexistence measures. For this
purpose, I will first examine whether the creation of GMO-free areas and
the adoption of coexistence measures are compatible with EC law. Next, I
will explore the division of competences between the Community and
Member States in the adoption of measures restricting the cultivation of
GMOs. It will then be possible to analyse the margin of manoeuvre left to
Member States wishing to pose limits on the cultivation of GMOs.
These three issues are addressed in four sections. Section 2 describes
the Commission's assessment of a legislative initiative effectively banning
the cultivation of GMOs in Upper Austria (Land Oberösterreich), and
addresses the compatibility of such policies with EC law. Section 3
focusses on the legal bases allowing the adoption of coexistence measures
in EC law, and on the division of competences between Member States
and the Community to deal with these measures. Section 4 provides an
overview of draft legislation concerning coexistence ...