How to Get Out of the Transatlantic Regulatory Deadlock over GMOs? Time for Regulatory Cooperation

Abstract

The aim of this paper is to identify some possible ways out of the current transatlantic deadlock over GMOs by focusing in particular on the regulatory cooperation option. After providing an account of the most important initiatives undertaken to reconcile the EU and US regulatory divergence in the past, it explores whether there is a case for transatlantic regulatory cooperation in the GMO sector. It argues that the current inability of the WTO/SPS framework to govern genetic engineering, the rise of emerging economies as new actors of the global GMO industry, and the increasing unsustainability of the EU GM framework provide valuable incentives for both the US and the EU to engage in an effective regulatory cooperation exercise. Unlike previous experiences of transatlantic cooperation, the two sides should not aim at harmonization or mutual recognition of standards, but rather promote mutual understanding of their existing regimes and different regulatory approaches. Although the final aim of this cooperation exercise should be the identification of a basic set of common transatlantic risk analysis principles, the focus of cooperation should be on risk assessment, by far the most suitable procedural stage for engaging in a comparative scrutiny. Several recommendations are formulated on how to conduct an effective dialogue aimed at identifying divergences before trying to overcome them.

Keywords: GMOs, regulatory cooperation, EU law, WTO law, precautionary principle, SPS Agreement, Risk Assessment

JEL Classification: K20, K33, L50