The Use of GM Crops in Developing Countries
Governance: international regulation
5.3 There are five main elements of international regulation relating to research into, and the trade and use of, GM crops:
- Agreements by the World Trade Organization (WTO) which aim to control barriers to international trade. It is within this framework that the US and a number of other states have most recently challenged the EU on the authorisation of GM crops.1
- The Codex Alimentarius, a set of international codes of practice, guidelines and recommendations pertaining to food safety. The WTO currently relies upon the Codex in making its adjudications.
- The Cartagena Protocol on Biosafety under the Convention on Biological Diversity (CBD), a multilateral agreement covering the movement across national boundaries of living modified organisms (LMOs) that might have an adverse effect on biological diversity.
- The International Treaty on Plant Genetic Resources for Food and Agriculture by the UN FAO, a multilateral agreement relating to any genetic material of plant origin of value for food and agriculture (not yet entered into force).
- Directives and Regulations by the EU and its regional policies on agriculture, environment and genetically modified organisms (GMOs).
The World Trade Organization
5.4 The primary purpose of the WTO is to facilitate international free trade. It aims to achieve this by establishing trade rules, serving as a forum for trade negotiations and assisting in the settlement of disputes. There are two principal agreements that relate to GM crops. They concern the negotiation of free trade (the Technical Barriers to Trade Agreement, TBT), and the protection of public health and welfare standards in member states of the WTO (the Sanitary and Phytosanitary Agreement, SPS, see Box 5.1).
| Sanitary and Phytosanitary Agreement (SPS) |
| - The SPS allows members of the WTO to temporarily block trade in the interest of protecting public health. However, such decisions must be based on scientific principles, internationally established guidelines and risk assessment procedures. |
| - When there is insufficient scientific evidence to determine the likely risk arising from the import of particular goods, members of the WTO may adopt measures on the basis of available information. Additional information which can support the initial decision must be submitted within a reasonable period of time. |
| - The SPS does not permit members to discriminate between different exporting countries where the same or similar conditions prevail, unless there is sufficient scientific justification for doing so. Technical Barriers to Trade Agreement (TBT) The TBT obliges members of the WTO to ensure that their national regulations do not unnecessarily restrict international trade. Three components make up the agreement. |
| - First, members are encouraged to accept ‘standard equivalence’ which means that the standards of other countries are mutually recognised through explicit contracts. |
| - Secondly, the TBT promotes the use of internationally established standards. |
| - Thirdly, the TBT requires members of the WTO to inform each other of relevant changes in policy. This means that members must establish centres that compile all available information on product standards and trade regulations. These centres must answer questions raised by other countries and consult with trading partners as requested, to discuss the relevant requirements for trade. |
1 de Jonquieres G, Alden E and Buck T (2003) Sowing discord: after Iraq, the US and Europe head for a showdown over genetically modified crops, Financial Times 14 May 2003, p21.