Modernization of European genetic engineering law – Yes or No?

Leading representatives of 22 European agricultural and food industry associations are already mobilizing against the recent ECJ ruling on CRISPR/Cas. They believe the ECJ's decision, which, in its ruling of July 25, 2018, subjected the CRISPR/Cas process to the strict regulations of genetic engineering law, is not promising for the future. They fear, in particular, that national unilateral actions in violation of EU law and distortions of competition vis-à-vis non-EU countries where the method may be used in conventional breeding. The association representatives see great potential in technologies such as CRISPR/Cas to strengthen the economy and as progress for consumers and the environment; in particular, they view these technologies as a way to combat climate change. According to the representatives' arguments, a major problem is the fact that such regulatory approaches are being applied internationally, while Europe is lagging behind in this progress due to the binding ECJ ruling. European farmers and consumers would be significantly weakened compared to internationally operating companies and would be unable to benefit from the advantages of targeted mutagenesis. Progress is hampered by lengthy and costly approval procedures due to the classification as GMO. Association representatives therefore call for the existing legal framework to be adapted to scientific progress and international regulations.