Cultivation of genetically modified organisms outside nature reserves

As a result, the Higher Administrative Court of Saxony (1 BS 247/07) permitted the release of genetically modified organisms near, but outside, nature reserves. It held that a nature reserve ordinance could also prohibit activities outside of the reserve, but did not follow this view for the state of Saxony. During the proceedings, it was argued that the purpose of nature reserves is an absolute prohibition on alteration. All actions that could lead to the destruction, damage, or alteration of the protected area or its components, or to lasting disturbance, are prohibited by legal ordinances. To ensure the absolute ban on alterations intended by the legislature, it cannot be necessary to distinguish between actions harmful to the protected area, inside or outside the protected area.
The Higher Administrative Court of Saxony countered this in its ruling. In contrast to the effect of European protected area designations, activities outside of a nature reserve are not generally covered by the prohibitions and requirements of a protected area ordinance. While this is generally possible under federal law or on the basis of state law, in this specific case, Saxon state law did not provide for such an effect.
In each individual case, it will be necessary to examine under state law whether genetically modified organisms can also be cultivated near nature reserves.

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