The Status under EU Law of Organisms Developed through Novel Genomic Techniques

In a ruling on 25 July 2018, the Court of Justice European Union concluded that organisms obtained by means techniques/methods mutagenesis constitute GMOs in sense Directive 2001/18, and directed are not excluded from scope Directive. Following ruling, there has been much debate about possible wider implications ruling. October 2019, Council requested Commission to submit, light CJEU study regarding status novel genomic techniques under Law. For purpose study, initiated stakeholder consultations early 2020. Those focused technical techniques. This article aims contribute discussion legal developed through techniques, offering some historical background negotiations (EU) GMO Directives as well context terms Directive, analysing The advances (i) conclusion resulting must comply with definition, ie genetic material altered way does occur naturally mating and/or natural recombination; (ii) were intended be is inconsistent negotiation history Directive; (iii) whether an organism falls description “obtained mutagenesis” depends recombination. Finally, offers analysis EU concluding for technique used, alterations organism, considered.