Czech Republic—GMO Regulations and Biodiversity: A Legal Perspective

Abstract

The Czech Republic adopted first regulation of the use of genetically modified organisms (GMOs) in 2001. Nowadays, the national regulatory framework is set up by the Act No. 78/2004 Coll., on the Use of Genetically Modified Organisms and Genetic Products, as amended, and by the implementing Decree No. 209/2004 Coll. The Czech GMO Act transposes two EU Directives: 2001/18/EC and 2009/41/EC, covering thus all three types of GMO use: (1) contained use, (2) deliberate release into the environment for any other purpose than placing on the market and (3) placing on the market of GMOs as products or contained in products. EU Regulations 1829/2003 and 1830/2003 concerning the authorisation of genetically modified food and feed, traceability and labelling of genetically modified organisms and genetically modified food and feed, and Regulation 1946/2003 implementing the Cartagena Protocol on Biosafety, have been directly applicable in the Czech Republic since its accession to the EU in May 2004.

The Competent Authority for handling the notifications and for regulation of the use of GMOs in the Czech Republic (except for GM food and feed) is the Ministry of the Environment, while the Ministry of Agriculture is the Competent Authority under Regulation 1829/2003, on genetically modified food and feed, and it is responsible for the rules of coexistence of GM and non-GM crops.