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Expert opinion: Planned deregulation of genetic engineering would violate international law

Cartagena Protocol / Secretariat of the Convention on Biological Diversity

The BMEL had initiated the expert opinion during the Traffic Light government coalition in November 2024. It was finalised and published shortly before the transition of government in Berlin - and also shortly before the start of the trilogue negotiations between the EU Commission, European Parliament and Council of Ministers in terms of the deregulation of genetic engineering.

The so-called "Cartagena Protocol" of 2003 is a supplementary agreement to the United Nations Convention on Biological Diversity. It defines binding regulations under international law for the cross-border trade of "living modified organisms" (LMOs) and is in force in 173 countries.

The decisive question as to whether these regulations apply to NGTs is therefore whether NGTs can also be categorised as LMOs under the "Cartagena Protocol". In her expert opinion, Silja Vöneky concludes that this is the case, as NGT plants utilise "modern biotechnology" - a decisive criterion for LMOs. The precautionary approach of the "Cartagena Protocol" also requires the LMO regulations be applied to NGTs in any case. This means: Notification and reporting obligations, but above all, continuous labelling of NGTs right through to the finished product and ensuring traceability.

Silja Vöneky's expert opinion shows once again how half-baked the EU Commission's plans to deregulate genetic engineering are. The new German government and the new Minister of Agriculture, Alois Rainer (CSU), must lobby the EU for a decent regulation that is truly legally compliant and does justice to the interests of the economy, consumers and the environment.

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