Dec 11, 2003

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Integrating the EU Deliberate Release Directive into national law

New Genetic Engineering Act: Not before the end of 2004

(11 Dec.) A preliminary draft of a new German Genetic Engineering Act is to be presented in January 2004. Now the Federal Chancellery has intervened in the dispute between the ministries responsible.

For months now the five ministries involved in the process have been unable to agree on a draft for a new Genetic Engineering Act. While the primary aim of the ministry in charge, the Ministry of Consumer Protection, is to safeguard “GM-free” production of food and feed, the SPD-led ministries of economics and research are looking to create conditions that will permit practical use of plant genetic engineering.

Now the Federal Chancellery has taken over the coordination of the process. According to a statement by a spokesman of the Ministry of Consumer Protection, an agreement is imminent. At a meeting of the Bund für Ökologische Lebensmittelwirtschaft (organic food industry federation – BÖLW), Matthias Berninger, State Secretary of the Ministry of Consumer Protection, Food and Agriculture (BMVEL) announced that the green demands had largely been implemented.

The earliest that the new Genetic Engineering Act can come into force is late summer. But the Bundesrat must agree first. Since several federal states have expressed considerable concerns about the focus of the law insofar as it is known, the legislative process is likely to be delayed still further.

The aim of the Genetic Engineering Act is to transpose the new EU Deliberate Release Directive into national law. The directive has been effective since October 2002. Since the German government has so far failed to fulfil its obligation to implement the EU directive, the European Commission has filed an action against Germany and other Member States with the European Court of Justice.