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ECJ sides with farmers on genetically modified crops

By Josefine Crona & Richard Welfare on September 15, 2017
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The European Court of Justice has held that Member States may not adopt emergency measures prohibiting genetically modified food and feed (GMOs) unless there is clear evidence that a particular GMO presents a serious risk to health or the environment in accordance with Article 34 of the GMO Regulation (EC) No 1829/2003.

Ruling in favour of farmers of genetically modified maize, the ECJ held that the precautionary principle, allowing provisional risk management measures where the possibility of harmful effects has been identified (but not conclusively established), should not be interpreted as relaxing the so-called “safeguarding clause” in Article 34. In this case, referred to the ECJ by an Italian District Court, new evidence of potential harm from studies carried out by Italian research institutes was not sufficient to support the requested emergency measures and invalidate the previous authorisation of genetically modified maize by the European Food Safety Authority.

While the majority of EU consumers remain averse to GM crops, this ruling shows that Member States will require conclusive scientific evidence in order to rely on the safeguarding clause which has previously been used to prevent the growth of GMOs.

You can read the full judgment of Fidenato and Others (C-111/16) here.

Photo of Josefine Crona Josefine Crona

Associate, London

Josefine Crona is a member of the Hogan Lovells Commercial team and advises on a wide variety of commercial and regulatory matters, ranging from multi-jurisdictional product launches to day to day contracting arrangements to strategic retail development projects.

Josefine works with…

Associate, London

Josefine Crona is a member of the Hogan Lovells Commercial team and advises on a wide variety of commercial and regulatory matters, ranging from multi-jurisdictional product launches to day to day contracting arrangements to strategic retail development projects.

Josefine works with clients to help them navigate the legal and regulatory requirements that apply at all stages of the product life cycle, including rules relating to product composition and labelling, health claims, and advertising and marketing activities. Josefine also has experience in helping companies resolve enforcement issues and work with UK authorities such as Trading Standards.

Josefine regularly advises on a range of commercial contracting arrangements, including sponsorship, consultancy, manufacturing, supply, warehousing and services agreements.

Josefine has a particular focus on the consumer, retail and food sectors and has completed virtual secondments with two global food and beverage manufacturers.

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Photo of Richard Welfare Richard Welfare

Partner, London

Richard Welfare focuses on regulatory compliance work within the Commercial Law practice area.  Richard works with manufacturing companies to ensure that they comply with legislation and regulatory frameworks, including requirements governing product composition, labeling, packaging and claims, rules relating to advertising…

Partner, London

Richard Welfare focuses on regulatory compliance work within the Commercial Law practice area.  Richard works with manufacturing companies to ensure that they comply with legislation and regulatory frameworks, including requirements governing product composition, labeling, packaging and claims, rules relating to advertising and marketing campaigns and other key considerations when launching a product in the EU/UK. Richard has helped clients resolve issues with UK enforcement authorities, including Trading Standards, the ASA (Advertising), MHRA (Medical Devices) and the FSA (Food).

Richard has worked with in-house counsel and corporate affairs teams to design and implement public affairs programs and targeted communication strategies, and has worked with companies to design safety programs, following safety or product quality crises.

Richard advises clients on the contracting arrangements, providing commercial support to in-house teams. He works on a variety of contracts including those for supply, co-manufacturing, distribution, logistics, warehousing, agency and general trading terms. Richard also represents companies in the appointment of celebrities for advertising or endorsement campaigns and major sponsorship opportunities.

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  • Posted in:
    Food, Drug & Agriculture
  • Blog:
    Focus on Regulation
  • Organization:
    Hogan Lovells
  • Article: View Original Source

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