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The cornerstone of the Community regulatory framework on this subject is EC Directive 90/220/EEC, as repealed by EC Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms (GMO), which is based on a fundamental premise: that in order to prevent the risks caused by the release of genetically modified organisms, GMOs can only be released subject to the grant of a prior authorisation, following a scientific assessment, which confirms that such organisms do not represent a risk to the environment and human health. Yet it is obvious that Member States are not willing to entirely transfer their sovereignty in relation to issues that are of such fundamental importance to environmental protection and human health; at the same time however, the objective of achieving free movement of GMOs implies the establishment of a genuine Community procedure for this sector. The need to strike a balance between these competing demands therefore requires an enormous collaborative effort from national and Community authorities, which, contrary to expectations, has not produced any concrete results as yet. The authorisation procedure that has been developed was intended to bridge the gap between the divergent interpretations of what actually constitutes a biotechnical risk; conversely, it has reached a stasis, and causing protracted delays in the procedures granting authorisations. Admittedly, some changes to the procedure were implemented in 2001, but they were not intended to restructure the general architecture of the procedure established in 1990. Yet are such remedies going to be effective? Or is it time to make a more radical revision of the existing procedures by redistributing the competences on this delay?
