International Trade Law Considerations on Regulation of Genome Edited Plants: Focused on the EU NGT Regulation

This paper examines the consistency the EU NGT Regulation with the WTO’s SPS and TBT. Even though the EU’s NGT regulation is less strict than the existing the EU GMO regulation, there are still points to consider from an international trade law perspective, especially SPS and TBT. First of all, in order to comply with SPS, it would be necessary to be able to provide scientific evidence that the degree of protection provided by the proposed NGT regulation can be proven. Claims of potential risks of NGT crops without such evidence will ultimately violate SPS and cause unnecessary trade friction with other countries. Next, if consumer information is the objective of the regulation, it will need to comply with TBT. This requires that NGT measures are necessary and appropriate for the purpose of providing consumer information. In addition, overly complex authorization or labeling schemes will unduly restrict international trade. Korea needs to improve regulations and change the legal system, and will move in this direction. At this point, the EU NGT Regulation can serve as a guide for Korea, and it should be harmonized with international trade norms such as the WTO to prevent unnecessary disputes in trade transactions between countries.