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Example 5.4 (Deliberate release into the environment of GMOs)

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EU Directive 2001/18/EC (EU 2001) is concerned with the deliberate release of genetically modified organisms (GMOs) into the environment. The directive states that risk related to release of GMOs need to be controlled, both related to people and ecosystems. It is therefore necessary to take preventive actions. The precautionary principle has been followed in the preparation of the directive and it should also be taken into account in its implementation. Further, “No GMOs [ ] intended for deliberate release are to be considered for placing on the market without first having been subjected to satisfactory field testing .” There is no requirement for any indications that this may be hazardous to trigger field testing. All EU member states have to approve the field test, placing a high burden of proof on those who want to introduce GMOs. Further, monitoring is required after it has been introduced, implying that if any of the EU members are not satisfied, the GMO may also be prohibited for use in the future.

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