In the public interest? A comparative analysis of Norway and EU GMO regulations

The European Commission, when deciding whether the cultivation and use of genetically modified organisms (GMOs) should be authorized on European Union (EU) territory, has always limited its decision to safety considerations. Dissatisfied, Member States required the adoption of the ‘GMO Package’. Its first application, Directive 2015/412, gives Member States the same opportunity that was already offered to Norway under the European Economic Area Agreement. It allows them to invoke social grounds to opt out of EU authorizations, but maintains the competence of the EU institutions over safety issues. The interpretation of the Directive promises to be contentious. How and to what extent may the Member States use the new provisions to open a debate on when authorizing a GMO is in the public interest? Learning from the Norwegian authorities that have done so since 1994, this article offers insights both on the Norwegian system and on the potential of the new Directive.