The EU legislation on “GMOs” between nonsense and protectionism: An ongoing Schumpeterian chain of public choices

Abstract

The EU regulation of agricultural biotechnology is botched and convoluted: the pseudo-concept of “Genetically Modified Organisms” has no coherent semantic or scientific content. The reasons of the paradox by which the cultivation of “GMOs” is substantially banned in Europe, while enormous quantities of recombinant-DNA cereals and legumes are imported to be used as feedstuff, are explained. The Directive 2015/412, giving Member states the choice to refuse the cultivation of genetically engineered crops at a national or local level, paves the way for a mosaic-like, Harlequinesque form of protectionism: nothing resembling a well-regulated free market. In the meantime, importation of “GMO” feed goes on at full speed all over Europe. A proposal by the Commission to adjust the rules on importation according to those for cultivation has been rejected by the Parliament.This dynamics may be seen as an ongoing “Schumpeterian” chain of public choices: the calculus of consent drives politicians more than a science-based approach to law-making. The EU should restart from scratch with the right concept, i.e. the careful examination of the pros and cons, the costs and benefits of each new agricultural product (“GMO” or otherwise), freely cultivated and/or imported, assessed case by case, at last acknowledging that the biotech processes used to create new varieties are of no practical or legal relevance. In doing so, the EU would pursue its stated “better regulation” approach, cancelling any sectoral and sectarian regulation.