Assignment and third-party rights (solution)
Research Strategy
1) Prepare a brief overview of EU import regulations regarding genetically modified products.
Standard search engine techniques
Using a carefully formulated search query to research a broad topic such as genetically modified products within the EU may be a good general starting point.
Using the Google search engine (www.google.com), enter the following search query:
genetically modified seeds EU
This intuitive search query would seem a good combination of keywords for the research problem. However, although it returns many hits, it does not return any highly relevant links in the first few pages.
If your first choice of keywords doesn’t provide the hits you were looking for, try some alternatives. The problem with the above search is that the word seeds was too specific.
Now enter the following search query:
genetically modified products EU
Among the hits returned, one of the first links listed is EUROPA - Food Safety - Biotechnology – Introduction.
Clicking on this link takes you to the Food and Feed Safety section of the Europa website, containing an outline of the European Union policy, references to major directives and a wealth of vocabulary in English (and other official EU languages) associated with the research task.
Studying the page also reveals important, relevant resources. One menu on the page contains links to subjects such as GM Food and Feed, GM Plants and Seeds, etc. Clicking on the Questions and Answers link in this menu will lead you to a link to the following PDF file: Question and Answers on the Regulation of GMOs in the EU.
Searching this file for terms such as importation will provide you with the information you need to complete the research task.
Note also that the horizontal menu running across the top of the Food and Feed Safety section of the Europa website contains well-organised items, enabling you to research the topic further.
Alternative strategy: portals
One alternative to a search engine search is to use an online portal or gateway to the relevant information. A portal is a website which acts as a starting point to other websites, directories and other online activities.
Portals are often subject-specific. In this case, you would need to find a portal to EU law. Using the Google search engine, enter the following search query:
portal to European law
One of the first sites returned is EUR-Lex – Home . Following this link takes you to the Portal to European Union Law. Note the language field in the upper right hand corner of the page which allows you to use the portal in any of the official European Union languages.
Towards the centre of the page there is a menu listing the sources of EU legal documents: Official Journal, Treaties, Legislation, etc. Click on the Legislation link.
The resulting page provides several search possibilities: Search by document number, Search by publication reference in the Official Journal and Search by word. In the Search by word text field, enter the following search query:
genetically modified
You must click the
symbol to the right in order to submit the search query (hitting the 'Return' key on your keyboard does not work in this portal).This search provides a number of sources which will help you solve your problem.
Note that the bottom line of each result entry contains four coloured arrows. The yellow arrow may be used to obtain more information regarding the listed legislation, while the remaining three allow you to choose the format in which you wish to view the document: PDF, TIF and HTML.
Answer
Adapted from: Questions and Answers on the regulation of GMOs in the European Union.
The EU is a party to the Cartagena Protocol on Biosafety annexed to the UNEP’s Convention on Biological Diversity. It entered into force on 11 September 2003. The overall purpose of this United Nations agreement is to establish common rules to be followed in transboundary movements of GMOs in order to ensure, on a global scale, the protection of biodiversity and of human health.
The cornerstone of this legal framework is Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms. It is supplemented by the Regulation on the transboundary movements of GMOs, which was adopted in June 2003. The main features of the Regulation are:
• the obligation to notify exports of GMOs intended for deliberate release into the environment and secure express consent prior to a first transboundary movement;
• the obligation to provide information to the public and to our international partners on EU practices, legislation and decisions on GMOs, as well as on accidental releases of GMOs;
• a set of rules for the export of GMOs intended to be used as food, feed or for processing;
• provisions for identifying GMOs for export.
Release into the environment
The release of a GMO into the environment consists of an introduction of the GMO into the environment, without any precise confinement measure being taken to restrict the contact between this GMO and the population or the environment in general. Such a release may be carried out for experimental purposes or in connection with the placing on the market of a GMO.
Experimental releases of GMOs into the environment are mainly carried out for the purposes of study, research, demonstration and development of novel varieties. The behaviour of the GMO in an open environment and its interactions with other organisms and the environment are studied. The experimental releases are subject to the provisions of Part B of Directive 2001/18/EC.
If the results of the experimental release are positive, the company may decide to place the GMO on the market, i.e. make it available to third parties either free of charge or for a fee. This is a later stage in the development and use of the GMOs which consists, for example, in transferring a GMO free of charge between commercial partners or the marketing of the GMO. Hence, the GMO may be placed on the market for purposes of cultivation, importation, or transformation into different products. The placing on the market of a GMO is mainly governed by the provisions of Part C of Directive 2001/18/EC.
What is the procedure for authorisation of the experimental release of GMOs into the environment?
A person or a company who wishes to introduce GMOs into the environment for experimental purposes must first obtain written authorisation to this end. This authorisation is issued by the competent national authority of the Member State within whose territory the experimental release is to take place, on the basis of an evaluation of the risks presented by the GMO – or GMOs – for the environment and human health.
To obtain this authorisation, the applicant (called "the notifier") must submit an application (called "the notification") containing the particulars set out in Article 6 of Directive 2001/18/EC. These particulars must include an evaluation of the environmental risks which the notifier has carried out.
The decision to authorise — or reject — the release of the GMO is exclusively incumbent on the competent national authority which has received the notification. Hence the authorisation procedure is a purely national one. This corresponds to a feature of the authorisation of release for experimental purposes: the authorisation to proceed with this release applies only in the Member State in which the notification has been submitted. However, the other Member States and the European Commission may make observations to be examined by the competent national authority. If the competent national authority considers that the notification complies with the requirements of Directive 2001/18/EC, it authorises the release. If the competent national authority considers that the notification does not meet the conditions laid down in Directive 2001/18/EC, it rejects the notification.
In the event of authorisation, the notifier may release the GMO in compliance with the conditions set out in this authorisation.
For further details, see:
http://ec.europa.eu/food/food/biotechnology/gmfood/qanda_en.pdf
2) Prepare a list of key terms concerning these regulations, providing a translation into another EU language.
Comparing languages
Suppose you were interested in the Commission Decision of 1 December 2004 (2004/842/EC). After you have found this document on the list, click on the HTML link (green arrow). When the resulting document opens, you will see a horizontal menu across the top of the page which allows you to open the Decision in a variety of languages. By right-clicking on one of those buttons, you can open the document in a new window for easy comparison between the languages.
You can use your browser’s Find function to find the term in one language and easily determine what the European Union translation is of that term in another.
Parallel view
There is another convenient way for viewing an EU document in multiple languages simultaneously, making it easier to find the term you are looking for.
Go to the Europa start page (http://europa.eu.int/) and click on the link for English:
Gateway to the European UnionThe menu in the middle of the page includes four tabs: ACTIVITIES, INSTITUTIONS, DOCUMENTS, SERVICES. Choose the DOCUMENTS tab, and click on EUR-LEX, the portal to European Union law . On the menu at the left-hand side of the page, click SIMPLE SEARCH. The resulting page provides a menu which also gives you access to EU documents, including legislation.
Under the heading General search, click Search terms. In the Search for field, enter the following search query:
genetically modified
NB: This search will not work as a phrase (using quotation marks).
This produces a number of hits for EU documents containing the term ‘genetically modified’.
Suppose you were interested in the Commission Decision of 3 November 2005 (2005/772/EC). (Note: You may need to look beyond the first page of results to find this Decision.) You will note several links immediately below that entry, including Bibliographic notice + Text (bilingual display). Click on that link.
The resulting page provides you with the English text of that Decision. Note the Bilingual display menu immediately above the Decision. From that list you can choose another official language for parallel display. For example, click DE for a parallel German display.
If you speak an official European Union language, it is easy to search the terms in that language and then do a search in the equivalent English language document in parallel display. In this way, you can identify the English terminology associated with your research project.
Answer
The following key terms have been taken from the suggested answer to question 1. Use the proposed research strategies outlined in task 7 to translate them. Look for other useful terms relating to the EU regulations on the movement of GMOs and add to the list.
| English | Translation |
an evaluation of the risks of
conditions set out in
experimental purposes
experimental releases of
for purposes of cultivation, importation
or transformation into different products
genetically modified organisms
in an open environment
in compliance with
intended to be used as food, feed or for processing
interactions with other organisms
precise confinement measure
provisions for identifying GMOs
release into the environment of
the behaviour of
the obligation to notify
the obligation to provide information
to restrict the contact between (sth) and (sth)
transboundary movements of
3) Compile a list of useful portals that you discover to email to other colleagues in your department.
Go back to the list of portals returned after the Google search for portal to European law. Explore some of the other portals to see what kind of information they offer. Bookmark the most useful ones.
Answer
Useful portals include:
EU Law Portals
European Union Internet Resources (University of California Berkeley)
http://www.lib.berkeley.edu/doemoff/govinfo/intl/gov_eu.html
European Union Online
http://europa.eu/index_en.htm
Eur-Lex – The Portal to European Law
http://europa.eu/eur-lex/en/
Inter-Lawyer European Law Research
http://www.inter-lawyer.com/library/european.htm
The European Legal Forum
http://www.simons-law.com/
Law Portals
British and Irish Legal Information Institute
http://www.bailii.org/
Hieros Gamos
http://www.hg.org
SOSIG Law Gateway
http://www.sosig.ac.uk/law/
UKC Lawlinks
http://library.kent.ac.uk/library/lawlinks/default.htm
UN International Law Portal
http://www.un.org/law/