Contained Use of GMOs and pathogens: implementation in Belgium

Contained use of GMOs and pathogens
Implementation in Belgium
(Last revised: February 14, 2011 )

In Belgium, the legislation concerning the contained use of genetically modified micro-organisms (GMMs) is implemented and enforced at the regional level. That means that three texts of transposition (one per Region) have to be published. Since 1997, a juridical tool named "Co-operation agreement" has been set up to ensure that the transposition and practical implementation of relevant EU Directives are done in a harmonised way between the three Regions at the administrative and scientific levels.

Althought some of the new provisions contained in Directive 98/81/EC were already covered by the regional regulatory frameworks implementing Directive 90/219/CEE, it has been necessary to revise these regional decrees to fully implement the new Directive 98/81/CE.

The ambition of the regional authorities was to perform such a revision not only on the basis of the new provisions of the Directive, but also considering other aspects such as:

the need for better taking into account the practical realities and the gained experience (see Trisannual Report on the Belgian Experience with directive 90/219/EEC - September 1999);
the proposals of amendments/improvements from the competent administrations, the public, the industry and academic partners;
the publication during the last years by CEN (European Committee for Normalisation) of standards in the field of biotechnologies (which are particularly useful as a technical complement for the implementation of the regulations);
the increasing needs regarding public information and participation;
the precautionary principle, in particular in the context of the white book of the Commission.

It was also decided to keep the extension of the scope of the regional decrees to GMOs and pathogens (where the Directive only deals with GMM's), as it was the case before.The discussions for the implementation of Directive 98/81/CE started in 1997, initiated by the Flemish Region. It led to a preliminary draft of revised regional Decree.
In February 2000, an ad hoc working group gathering together the representatives of the three Regions (including lawyers) under the coordination of the SBB (Biosafety and Biotechnology Unit) was officially set up by the "Interministerial Coordination Committee for the International Environmental Policy" (CCPIE-CCIM). This Biosafety ad hoc Working Group held height meetings between February and November 2000. In the same time, a group of lawyers met 10 times. As a result of these 10 months of discussions, the Working Group published a report to the attention of the political authorities, listing the points of harmonisation on the basis of which the Regions agreed to finalise the implementation of Directive 98/81/EC.

After several months of further discussions at the political level, the regional Decrees implementing the Directive 98/81/CE have come into force respectively in November 2001 in the Brussels Region, in July 2002 in the Walloon Region, and in February 2004 in the Flemish Region.