Published online by Cambridge University Press: 20 January 2017
The centralised authorisation of GMOs in the European Union (EU) has received considerable academic attention in recent years, partly due to the fact thatMember States have not been able to agree on authorisation decisions in the comitology committee. As a consequence, these authorisations are given by the European Commission. These decisions are invariably in favour of authorisation despite the fact that Member States had been divided on this issue. Apart from the on-going discussions on a possible reform of the GMO authorisation (allowing for national restrictions or prohibitions), the new comitology rules brought about by the Lisbon Treaty are of equal importance as they might affect the authorisation of GMOs. In this article we discuss some of the changes to comitology and present empirical material on the first authorisation decisions after the entering into force of the new comitology rules. By drawing on delegation theory we will argue that, for the time being, the level of politicisation ofGMOauthorisation is unlikely to change.
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50 See Regulation (EU) 182/2011 supra note 41, Art. 6(3).
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54 The respective Commission decisions can be found in the Eur-lex database. A search has been conducted restricting results to decisions under the 1829/2003 Regulation with a time span between February 2012 and November 2012 yielding the six GMO authorisations under consideration here. (The last previous Commission decisions from December 2011 are based on comitology no-votes from February 2011, thus before the new comitology regime entered into force in March the same year.)
55 Declarations on Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, OJ 1999, C 203/1.
56 Ibid.
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