EU Regulation of New Plant Breeding Technologies and Their Possible Economic Implications for the EU and Beyond

Kai Purnhagen,Justus Wesseler

doi:10.1002/aepp.13084

Abstract

AbstractNew plant breeding technologies (NPBTs), including CRISPR gene editing, are being used widely, and they are driving the development of new crops. They are nevertheless a subject of criticism and discussion. According to a summer 2018 interpretation by the Court of Justice of the European Union (CJEU) applying an absolute interpretation of the precautionary principle, European Union (EU) law makes most NPBTs subject to regulations governing the use of genetically modified organisms (GMOs) in the EU. This contribution summarizes the status of the debate and highlights issues that have thus far not been considered—particularly with regard to the implications of EU regulations for NPBTs for countries outside the EU.

Highlights

New plant breeding technologies (NPBTs) include a range of technologies aimed at helping plant breeders to develop crops with desired traits more precisely and much more rapidly than would be possible with technologies based on chemical or radiation-induced mutations
We summarize the regulations that apply to genetically modified organisms (GMOs) in the EU, along with the case decided by the Court of Justice of the European Union (CJEU)
The proposal must be supported by members representing at least 65% of the total EU population

Summary

Introduction

New plant breeding technologies (NPBTs) include a range of technologies aimed at helping plant breeders to develop crops with desired traits more precisely and much more rapidly than would be possible with technologies based on chemical or radiation-induced mutations. The resulting products would be similar to credence goods, for which identity preservation (IP) is arranged through contracting along the supply chain, combined with a monitoring system, as is common for food products labeled as organic or GM-free (Castellari et al 2018; Venus, Drabik, and Wesseler 2018) These processes increase costs (Bovay and Alston 2018; Kalaitzandonakes, Lusk, and Magnier 2018), having further implications for international trade, as discussed in greater detail below. The problem is that if a GMO has not been approved for import into the EU, it will be subject to a threshold level of 0% for food or 0.1% for feed as discussed above This opens up the possibility of an import ban from countries cultivating plant developed by NPBTs (e.g., corn or soybeans), as has happened in the past. These developments will make it more difficult (i.e., more expensive) for the EU to achieve the objectives of the EU Green Deal, which include zero net emissions of greenhouse gases by 2050, with no person and no place left behind (EC 2019)

A Way Out?

Findings

Conclusions