Due to the diversity of opinions regarding the benefits or risks of transgenics, the legislation and regulation of these organisms is different in different regions of the world. Although in general the set of laws, directives and agreements is aimed at protecting society from the possible adverse effects of modified foods.

 

At the international level there are several treaties in relation to transgenic foods (Ministry of Agriculture and Fisheries, Food and Environment, s.f.):

. The Cartagena Protocol on Biosafety, which deals with the transport, labeling and use of genetically modified organisms. It entered into force on September 11, 2003, and is part of the Convention on Biological Diversity. . Aarhus Convention on access to information, public participation in government decision-making in matters affecting the local, national or cross-border environment and access to justice in environmental matters of the United Nations Economic Commission for Europe (UNECE)

. In 2005 in Almaty, an amendment was introduced to the Convention on "Public Participation in Decisions on Intentional Release to the Environment and the Introduction to the Market of Genetically Modified Organisms (Ecologists in Action, 2005) (Aarhus Convention, 1998).

. Convention for the Prohibition of Biological Weapons (CABT) aims to prohibit and prevent biological agents from being used as weapons of mass destruction against humans, animals or plants. This convention was signed on April 10, 1972 and entered into force on March 26, 1975 (Pérez, R., Escauriaza, R., s.f.). . At the international level it is also interesting to take into account Codex Alimentarius regulations, this code created by FAO and WHO aims to guarantee safe and quality food for all people anywhere and ensure fair practices in the food trade . (FAO & WHO, 2016).

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In the case of the European Union, in order to protect human health and the environment, it was in the early 1990s, when the first legislation on transgenics began to be developed. We currently find two directives that control genetically modified organisms; on the one hand Directive (EU) 2015/412 of the European Parliament and of the Council, of March 11, 2015, amending Directive 2001/18 / EC, on the deliberate release into the environment of genetically modified organisms and Directive 2009/41 / EC amending Directive 90/219 / EEC and its subsequent modifications, on the confined use of genetically modified microorganisms (Ministry of Agriculture and Fisheries, Food and Environment., nd). 72 Luque, K. Obs. Environment 2017, 20: 59-75.

 

These directives are based on the principle of subsidiarity of the member states, supervision, information and surveillance. In addition, they are developed through 3 regulations; regulations on the GMO transboundary movement [Regulation (EC) 1946/2003]; on genetically modified food and feed [Regulation (EC) 1829/2003] and on traceability and labeling of GMOs and traceability of food and feed produced from these [Regulation (EC) 1830/2003] (García Vidal, 2015 ) European legislation allows the coexistence of transgenic and non-transgenic or traditional crops in the lands of its member states, leaving each one of them the possibility to decide whether or not to ban them within their territory.

 

The most important regulations for end consumers are Regulation 1830/2003 of the European Parliament and of the Council of September 22, 2003, concerning the traceability and labeling of GMOs and the traceability of food and feed produced from these, and amending Directive 2001/18 / EC and Regulation 1829/2003 of the European Parliament and of the Council of September 22, 2003, on genetically modified food and feed. These regulations oblige companies to inform the population that this food either contains or is made up of GMOs or has been produced from GMOs or contains ingredients produced from these organisms, even if the final product does not contain traces of DNA or transgenic proteins. This information must appear on the label clearly and in large print, (Art. 13 and 25 Regulation 1829/2003) (Ecologists in action, 2005).

 

At the national level, at first the law was passed Law 15/1994, of June 3, which establishes the legal regime of the confined use, voluntary release and commercialization of genetically modified organisms, which transposes the system Spanish law Community Directives 90/219 / EEC, of ​​April 23, 1990, concerning the confined use of genetically modified microorganisms, and 90/220 / EEC, of ​​April 23, 1990, on intentional release into the environment of genetically modified organisms.

 

But due to the multiple modifications that European legislation has undergone, Law 15/1994, of June 3 is repealed in Spain and this is replaced by Law 9/2003, of April 25, which establishes the legal regime of confined use, voluntary release and commercialization of genetically modified organisms.

 

They have been incorporated in Royal Decree 178/2004, of January 30, which approves the General Regulations for the Development and Enforcement of Law 9/2003.

 

For the development and execution of Law 9/2003, Royal Decree 191/2013 of March 15 is approved, which modifies Royal Decree 178/2004, of January 30, which approves the General Regulation for the development and execution of Law 9/2009, of April 25, which establishes the legal regime of the confined use, voluntary release and commercialization of genetically modified organisms Luque, K. Obs. Environment 2017, 20: 59-75 73.

 

This Regulation develops the requirements and procedures for carrying out activities related to GMOs, the rules on information, surveillance and control of these activities, responsibilities, infractions and sanctions and finally the division of competences (Ministry of Agriculture and Fisheries, Food and Environment., sf).

 

Autonomous communities have competences in the field of genetically modified organisms for the granting of certain authorizations on confined use and voluntary release of genetically modified organisms for research and development purposes and any that does not include commercialization and on surveillance, control, and sanctions All this provided it does not interfere with state powers.

 

The Autonomous Communities have the possibility of creating their own legislation that regulates the aforementioned areas (Ministry of Agriculture and Fisheries, Food and Environment, s.f.).

 

 

Source: Food safety and GM foods

Kitiara Luque Polo