Two-step mechanism of directive (EU) 2015/412

Directive (EU) 2015/412, amending directive 2001/18/EC as regards the possibility for Member States to restrict or prohibit the cultivation of GMOs in their territory after the EU authorization, came into force on 2 April 2015.

Directive (EU) 2015/412 provides a two-step mechanism, during the authorisation procedure of a GMO, pursuant directive 2001/18/CE or regulation (EC) no.1829/2003, or during the renewal of the authorisation.

In the first step, during the authorisation procedure of a GMO or during the renewal of the authorization, a Member State may demand to the notifier to adjust the geographical scope of the authorization of the GMO.
If the notifier adjust the geographical scope of his initial demand, this adjustment shall be implemented in the authorization.

Where a Member State wishes all or part of its territory to be reintegrated into the geographical scope of the authorisation from which it was previously excluded, it may make a request to that effect and the geographical scope of the authorization will be amended accordingly.

In the second step, if no demand for adjustment of the geographical scope was made or where the notifier confirmed the geographical scope of its initial demand, a Member State may adopt measures restricting or prohibiting the cultivation of a GMO in all or part of its territory.

Such measures should be in conformity with Union law, reasoned, proportional and non-discriminatory and, in addition, based on grounds such as those related to:

• environmental policy objectives;
• town and country planning;
• land use;
• socioeconomic impacts;
• avoidance of GMO presence in other products without prejudice to Article 26a;
• agricultural policy objectives;
• public policy.

Where a Member State has revoked the measures, it shall notify the Commission and the other Member States without delay.

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