Environmental Risk Assessment of GMO - Notes on a Draft Commission Directive to Adapt Directive 2001/18/EC

The article discusses the scope of the environmental risk assessment of genetically modified organisms (GMO). As environmental risks of the combination of GMO and herbicide application are not assessed on a case-by-case basis in the authorisation procedure of a plant protection product, the environmental risk assessment of GMO has to take account of the risks arising from herbicides against which the GM plants are engineered to be tolerant. As regards the scope of the environmental risk assessment of GMOs, the Commission now moves in legislative 'grey areas'. In 2017 the Commission has drafted a Directive to adapt the Annexes to Directive 2001/18/EC. Concerning the scope of the environmental risk assessment, the authors wish to highlight that the Commission is not empowered to answer questions of interpretation - be it even by a recital - as they do not fall within the scope of its regulatory powers (here: technical adaptations).