Post-Moratorium EU Regulation of Genetically Modified Products: Triffid Flax

Until there is a successful challenge at the WTO, the EU policy on LLP is likely to remain in place. Under this policy, there is a zero tolerance level for GM material that has not received EU authorization. Zero tolerance, however, has to be operationalized – what does an exporting country have to do to prove it is in compliance with zero tolerance? The Protocol on Triffid flax was formally proposed by the Canadian flax industry, not the Canadian government, and accepted by the European Commission. It entails an extensive and costly testing regime all along the flaxseed supply chain. Canadian exports of flaxseed have resumed to the EU. The Protocol provides sufficient transparency for firms to be willing to engage in international transactions. This suggests that as long as the EU regime on LLP remains in place, firms exporting agricultural products to the EU should plan for a LLP event and develop plans as to how exports can come into compliance with the EU’s zero tolerance policy. The sooner a plan is accepted, the sooner exports can resume and the disruption to trade minimised.