GMOs in food: legal framework in France and the European Union

In the 1970s and 1980s, advances in biotechnology enabled scientists to develop gene manipulation techniques with considerable potential, enabling gene transfers between very different organisms in both the animal and plant kingdoms. These gene transfers, also known as transgenesis, open up new horizons for improving the production of plants, animals and micro-organisms intended for human or animal consumption, as well as for the agri-food industry.

The marketing of these so-called transgenic products raises a number of questions, particularly in terms of environmental and consumer health risks for both humans and animals.

As a result, the legislator has been obliged to introduce security measures. In France, for example, the Commission d'étude de l'utilisation de produits issus du génie biomoléculaire was created by decree on November 4, 1986. This body was replaced in 1989 by the Commission de Génie Génétique and the Commission d'Etude de la Dissemination des Produits Derivés du Génie Biomoléculaire (1989 and 1993). The fundamental French law on the control of the use and release of GMOs was promulgated on July 13, 1992 (law no. 92-654); numerous implementing texts covering the various genetically modified products were subsequently published.

In order to bring French law into line with EU requirements, the legislator passed Law No. 2008-595 of June 25, 2008 on genetically modified organisms. This text creates the High Council for Biotechnology and updates the Environment and Public Health Codes, as well as the Rural Code.

At European Union level, a Council Recommendation of June 30 1982 concerns the registration of work on deoxyribonucleic acid (DNA). Fundamental directives were adopted on April 23, 1990; they concern the contained use of genetically modified micro-organisms (directive 90/219/EEC) and the deliberate release of genetically modified organisms into the environment (directive 90/220/EEC replaced by directive 2001/18/EC).

The purpose of this dossier is to present the legislative provisions governing GMOs in agriculture and food in France and the European Union. All these texts, classified by field and reference, are summarized at [Doc. F 1 155v2] .