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The EU regulatory framework on genetically modified organisms (GMOs)

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Abstract

The European Union (EU) legislation on genetically modified organisms (GMOs) aims to ensure a high level of protection for human, animal and environmental health and a well-functioning EU internal market. The framework regulates the release of GMOs into the environment and their use as, or in, food and feed. It has three main pillars: pre-market authorisation based on a prior risk assessment, traceability and labelling. Within this legal framework, the EU has authorised the placing on the market of 118 GMOs so far. These have been obtained through long-standing techniques of genetic modification, namely transgenesis. Following the adoption of the GMO legislation, new techniques of genetic modification, including new mutagenesis techniques, have been developed, which have raised questions regarding the applicability of the GMO legislation and attracted a lot of attention from stakeholders and the general public. This article provides an overview of EU GMO legislation and implementation of the EU Court of Justice ruling on organisms obtained by mutagenesis techniques, issued in July 2018. It also updates on the recent initiatives by the European Commission and EU Member States on new developments in biotechnology. The manuscript is based on the author’s contribution at the OECD Conference on Genome Editing, Applications in Agriculture, Implications for Health, Environment and Regulation held in Paris on 28–29 June 2018. It is complemented with updated information.

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Notes

  1. A proposal aimed at strengthening the transparency of the risk assessment process of products assessed by EFSA has been adopted by the European Commission [COM (2018) 179 final]. The proposal provides for the proactive disclosure by EFSA of scientific data, studies and other information supporting applications for authorisation under EU law, with exclusion of information which may be considered confidential.

  2. National rules have to be notified to the Commission pursuant to Directive (EU) 2015/1535 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services; the Commission checks compliance of such national rules with the relevant EU legislation and verify that such rules are nor misleading neither they restrict the trade within the EU.

  3. The Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR), the Scientific Committee on Health and Environmental Risks (SCHER) and the Scientific Committee on Consumer Safety (SCCS) delivered three opinions on SynBio in 2014 and 2015.

  4. For example to suppress or replace populations of disease vectors such as mosquitos (Scientific Advice Mechanism, High Level Group of Scientific Advisors 2017).

  5. In the Standing Committee of September 2018 (European Commission 2018b) and Regulatory Committee of October 2018 (European Commission 2018c).

  6. Hosted by the Joint Research Centre of the European Commission—see website http://gmo-crl.jrc.ec.europa.eu/default.htm.

  7. Conference "Modern Biotechnologies in Agriculture - Paving the way for responsible innovation" Attendance of 350 participants including the Estonian Minister of Rural Affairs, Tarmo Tamm, Members of the European Parliament, policy makers, industry stakeholders, representatives of civil society, scientists, and experts from Member States and web streaming by several hundred people.

  8. The overall objective of SAM is to provide scientific advice to the Commission that i) is transparent and independent of institutional or political interests; ii) brings together evidence and insights from different disciplines and approaches; iii) takes into consideration the specificities of EU policy making (e.g. different national perspectives and principles of subsidiarity) (Scientific Advice Mechanism, High Level Group of Scientific Advisors 2017).

References

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  • Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codification). OJ L241, 17.9.2015, pp 1–15

  • European Commission (2016) Commission staff working document, genetically modified commodities in the EU, SWD(2016) 61 final

  • European Commission (2018a) Deliberate release and placing on the EU market of GMOs—GMO register. http://gmoinfo.jrc.ec.europa.eu/Default.aspx

  • European Commission (2018b) Genetically modified food and feed and environmental risk. https://ec.europa.eu/food/plant/standing_committees/sc_modif_genet_en

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  • Public Position (2018) Regulating genome edited organisms as GMOs has negative consequences for agriculture, society and economy. http://www.vib.be/en/news/Documents/Position%20paper%20on%20the%20ECJ%20ruling%20on%20CRISPR%2008%20Nov%202018_FINAL.pdf

  • Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed, OJ L 268, 18.10.2003, pp 1–23

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  • SCENIHR (Scientific Committee on Emerging and Newly Identified Health Risks), SCHER (Scientific Committee on Health and Environmental Risks),  SCCS (Scientific Committee on Consumer Safety), Synthetic Biology II - Risk assessment methodologies and safety aspects, Opinion, May 2015. http://ec.europa.eu/health/scientific_committees/emerging/docs/scenihr_o_048.pdf

  • SCENIHR (Scientific Committee on Emerging and Newly Identified Health Risks), SCHER (Scientific Committee on Health and Environmental Risks), SCCS (Scientific Committee on Consumer Safety), Synthetic Biology III – Research priorities, Opinion, December 2015. http://ec.europa.eu/health/scientific_committees/emerging/docs/scenihr_o_050.pdf.

  • Scientific Advice Mechanism, Group of Chief Scientific Advisors (2018) A scientific perspective on the regulatory status of products derived from gene editing and the implications for the GMO directive. https://ec.europa.eu/info/publications/status-products-derived-gene-editing-and-implications-gmo-directive_en

  • Scientific Advice Mechanism, High Level Group of Scientific Advisors (2017) Explanatory note 02/2017, New Techniques in Agricultural Biotechnology

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Correspondence to Chantal Bruetschy.

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Bruetschy, C. The EU regulatory framework on genetically modified organisms (GMOs). Transgenic Res 28 (Suppl 2), 169–174 (2019). https://doi.org/10.1007/s11248-019-00149-y

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