Publication date: 06/08/2018

Summary

There has been much commotion in the media over the past week, following the ruling by the European Court of Justice over how to interpret EU laws bearing on the regulation of GM crops.

The ruling clarifies an anomaly, in that new plant varieties developed by longstanding non-GM gene-altering techniques of ‘mutagenesis‘ (using chemical reactions or ionising radiation) are now interpreted “in principle” to be classifiable as GMOs. The new GM techniques of ‘gene editing‘, on the other hand, are interpreted by the ECJ to be included in existing GM regulations.

In a complex case, the Court’s rationale is not without some ambiguity or persisting questions.

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