The European Community legislator regulates the area of genetically modified organisms according to the precautionary principle, which implies keeping a distance from scientific results in decision‐making. However, a positivist approach continues to exist within the same legislation. Paradoxically, this approach is promoted by the means of implementation of the precautionary principle. But to a large extent, it takes root in the context of the interpretation of the principle by the Community legislator, who attempts to eliminate disparities between the national legislations and to conform to World Trade Organization norms.