Distinction between Genetic Engineering Act and Nature Conservation Act unclear

While the Genetic Engineering Act assumes that approvals for the release and marketing of products containing or consisting of genetically modified organisms are also conclusively regulated by the Genetic Engineering Act, this is doubtful due to a provision in the Federal Nature Conservation Act. Section 35 of the Federal Nature Conservation Act regulates the relationship between genetic engineering law and nature conservation law outside of the Genetic Engineering Act. According to this, when GMOs are released or GMO products are handled within a Natura 2000 area, an impact assessment must be carried out in accordance with the conservation objectives of the protected area if there is a risk of significant impairment of the protected area. In this context, neither the Genetic Engineering Act nor the Federal Nature Conservation Act clearly regulates who is responsible for assessing compatibility in individual cases. This ambiguous regulation unnecessarily weakens the otherwise strict regime of the Genetic Engineering Act, as it is unclear which carrier procedure is ultimately to be used to assess compatibility during the release and marketing of genetically modified products.
This topic is dealt with in detail in a commentary by Dr. Kauch, which will soon be published in the commentary Frenz/Müggenborg (eds.), Federal Nature Conservation Act, 2011.

This publication can also be found on the website of the law firm Dr. Kauch .