The New Directive 2015/412/EU and ‘compelling grounds’: requirements for the justification of national measures

Directive 2015/412/EU provides the Member States with a greater level of control on the cultivation of GMO plants on their territory. The new rules allow for limitations or a complete prohibition of such cultivation on the basis of so-called „compelling grounds“, such as environmental and agricultural policy objectives, land use, avoidance of cross-contamination with conventional products or socio-economic impacts. As the list is not exhaustive, it is important to define under which conditions the compelling grounds can be invoked. In particular, any restriction based on such grounds must be compliant with EU and WTO law, reasoned, non-discriminatory and proportionate. Only if these requirements are met, unjustified barriers to trade and protectionism can be prevented and legitimate grounds like traditional production practices or food culture and heritage can prevail.