Abstract

The European Commission has asked EU Member States for comments on a French law notification demanding plant varieties produced with the help of in vitro mutagenesis have to be eliminated from the national catalog of approved varieties because of missing legal authorization deemed required by genetic engineering law. Primary target are herbicide-tolerant Clearfield oilseed rape varieties. The scientific reasoning is questionable, traceability is illusive, and law enforcement is likely to be impossible.

Highlights

  • In reaction to the ruling of the European Court of Justice (ECJ) on mutagenesis, the French Conseil d’É tat decided on a lawsuit brought in by various French farmer- and NGO-bodies concerning the national implementation of the mutagenesis exemption clause as given in Directive 2001/18/EC, Annex I B (1) in conjunction with recital 17

  • Plant varieties produced with the help of in vitro mutagenesis, have to be eliminated from the national catalog of approved varieties because of missing legal authorization deemed required by genetic engineering law

  • Chemicals can induce mutations as well. They may either chemically interact with the bases of DNA like alkylating chemicals such as ethyl methanesulfonate (EMS), methyl nitrosourea (MNU), or methyl methanesulfonate (MMS)

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Summary

Questions Regarding the Implementation of EU Mutagenesis Ruling in France

Detlef Bartsch 1*, Ulrich Ehlers 1, Frank Hartung 2, Jens Kahrmann 1, Georg Leggewie 1, Thorben Sprink 2 and Ralf Wilhelm 2. The European Commission has asked EU Member States for comments on a French law notification demanding plant varieties produced with the help of in vitro mutagenesis have to be eliminated from the national catalog of approved varieties because of missing legal authorization deemed required by genetic engineering law. Primary target are herbicidetolerant Clearfield oilseed rape varieties. The scientific reasoning is questionable, traceability is illusive, and law enforcement is likely to be impossible

INTRODUCTION
TRADITIONAL PLANT BREEDING AND CONVENTIONAL MUTAGENESIS TECHNIQUES
RISK COHERENCE FOR IN VIVO AND IN VITRO MUTAGENESIS
HISTORICAL USE OF IN VITRO MUTAGENESIS TECHNIQUES
NO RETROSPECTIVE TRACEABILITY OF TRADED VARIETIES
ACTIONABLE RECOMMENDATIONS
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