Organic and anti-GM groups have welcomed today’s ‘unequivocal’ ruling by the European Court of Justice that a series of controversial new plant breeding techniques do fall under the scope of EU legislation on genetically modified organisms.
In today’s judgment, the Court of Justice took the view that organisms obtained by mutagenesis – a set of techniques which make it possible to alter the genome of a living species without the insertion of foreign DNA – are GMOs within the meaning of the GMO Directive “in so far as the techniques and methods of mutagenesis alter the genetic material of an organism in a way that does not occur naturally.”
The ECJ’s judgement will come as a major blow to the biotech industry which has argued that gene editing using mutagenesis techniques is little different to mutagenesis that occurs naturally. Today’s ruling by the ECJ goes against the opinion of the court’s advocate general, who argued in January that the new techniques should be exempt from EU GMO rules.
Welcoming the ECJ’s judgment, Pat Thomas, director of UK-based campaign group Beyond GM, said: “This is a very good day. It is clear that the court has made its unequivocal ruling with the precautionary principle and the need to protect human health and the environment front of mind and that the integrity of European GMO regulation has been upheld.”
“It is clear that the court has made its unequivocal ruling with the precautionary principle and the need to protect human health and the environment front of mind”
Jan Plagge, president of IFOAM EU, said: “The confirmation by the European Court of Justice that new GMOs will be subject to traceability and labelling is good news for organic breeders, farmers and processors but also for all European producers and consumers as it brings clarity and will ensure the freedom to avoid such GM products and the protection of the environment from the potential risks of these new technologies.”
“The European Commission cannot delay action anymore and now has to ensure that the EU legal framework is properly enforced by Member States. The Commission should immediately launch a research project to develop detection methods that will complement the traceability system, to ensure an adequate segregation of these new GM plants and to prevent the contamination of organic and conventional GMO-free food and feed production in Europe”, added Eric Gall, policy manager at IFOAM EU.
GM Freeze director, Liz O’Neill, said: “This case was portrayed by industry as an argument about definition but the court has seen sense and made it clear that what actually matters is how we regulate emerging technologies that have the potential to permanently alter the ecosystem.
“All genetic engineering techniques give rise to both unexpected changes and unpredictable real-world impacts. We are delighted that this ruling will ensure their use in our fields and our food will be subject to detailed safety checks, monitoring and traceability.”