Opt-out regulation for green genetic engineering is to be introduced

The current regulations of European genetic engineering law and German genetic engineering law are contrary to European law due to the European Court of Justice's honey ruling. Coexistence as envisaged by the current regulations is clearly not possible. Therefore, new regulations at the European level and also in German genetic engineering law are required, which now appear to be coming soon.
In the second week of June 2014, the environment ministers of the EU member states agreed on the two-step approach of the Greek Council Presidency. According to this approach, critical member states, with the mediation of the EU Commission, would first request companies applying for cultivation authorization for a genetically modified plant to exempt their territory from cultivation authorization. If the company refuses, the member state government can then issue a cultivation ban in a second step, citing a variety of reasons. Possible reasons include, for example, feared negative effects on the grounds of a change in agricultural practices, biodiversity, or the landscape. Reasons of health protection or environmental risks are not among these reasons. This so-called opt-out regulation is currently being celebrated as a success. It allows EU member states to introduce politically motivated cultivation bans for approved genetically modified plants. The regulation is being described as a breakthrough, allowing the Council to enter final negotiations with the European Parliament after the summer recess.
Whether this regulation truly represents a breakthrough is doubtful. What is clear is that approval for GMO plants will initially be granted Europe-wide. Only in a second step can the member state intervene. Furthermore, the dispute over the admissibility of a cultivation ban is merely shifting to the area of ​​the given reasons. It should be clear that health aspects or environmental risks may not lead to a cultivation ban in a member state due to the final opinion of the European Commission on Food Safety. In this respect, other reasons, namely changes in agricultural practices, biodiversity, or the landscape, will always have to be considered in order to actually justify a cultivation ban for approved genetically modified plants on one's own territory. Whether these reasons are legally permissible against the backdrop of a unified European market and whether they are valid in individual cases is a matter for the courts to decide. If they are not valid, the Europe-wide approval of GMO plants will remain – including in Germany.

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