NGT update: German Alliance files a case with the European Court of Justice
In early September, Slovakia announced that it would submit a legal complaint to the European Court of Justice (ECJ) against the EU regulation on the deregulation of new genomic technologies (NGT). Now, by the deadline of 21 September, a coalition of German organic food and seeds companies and associations, coordinated by the Arbeitsgemeinschaft bäuerliche Landwirtschaft (AbL), has submitted a detailed statement of claim to the ECJ in Luxembourg. Experts consider the legal challenge to have a good chance of success, as there are sufficient points that contradict the European Court of Justice’s previous case law – for instance, the removal of risk assessment for NGT organisms, which disregards the precautionary principle firmly established in Europe.
EU Faces Legal Challenge: Entire Value Chain Represented
The statement of claim runs to more than 70 pages. Companies in the organic and non-GM sectors consider the new genetic engineering regulation to be highly problematic. The plaintiffs agree that the implications for GMO-free value chains are far-reaching. A total of eight companies, including Bingenheimer Saatgut, Dottenfelder Saat, Ernst Rieger from the company of the same name specialising in wild plants and seed mixtures for nature conservation measures, and Rapunzel Naturkost as a major processor and manufacturer, feel that the new regulation poses an existential threat to their businesses. In addition to the companies, four associations are also bringing the action: the Working Group for Peasant Agriculture (AbL), which is leading the organisation of this alliance and the legal action; the Free Bakers’ Association; the Association of German Wild Seed and Wild Plant Producers; and the Neuland Association for animal-friendly and environmentally sound livestock farming. This means that key areas of the value chain, from seed to processing, are represented. Organic associations such as Bioland and Demeter are supporting the legal action.
In a short video, AbL has published various statements from the companies bringing the lawsuit.
Key points of the legal action in brief:
Scientifically incorrect assumptions regarding the equivalence of NGT-1 with conventional breeding
Abolition of precautionary environmental impact assessments
Lack of information, verification and labelling requirements for NGT-1 plants
Lack of protective measures against contamination (site registers and buffer zone regulations for NGT-1 cultivation) as well as the possibility for Member States to impose cultivation bans
Reversal of the ‘polluter pays’ principle: burdens and consequential costs are imposed on society and on GMO-free food production
The patenting of plants, products and traits restricts breeding diversity and leads to the monopolisation of the seed market
Expectations regarding NGT plants, such as climate resilience and pest resistance, are speculative
These reasons result in a breach of fundamental economic rights and primary EU environmental law.
Deregulation undermines the precautionary principle, curtails freedom of choice and jeopardises a sustainable economy
Following the European Parliament’s final decision in June, there are two years until the regulation comes into force, in July 2028. Opposition has mounted: in early September, Slovak Prime Minister Robert Fico announced that he would take legal action against the EU decision. Slovakia had already voted against deregulation during the final vote in the European Parliament. Critics of genetic engineering now welcome the initiative by the German alliance. Experts consider a legal challenge to have a good chance of success, as there are sufficient points that contradict the European Court of Justice’s previous case law – for instance, the removal of risk assessment for NGT organisms, which disregards the precautionary principle firmly established in Europe.
BÖLW board member Tina Andres comments: “It is a scandal that companies and associations must first take legal action to stop this clearly unlawful regulation. We are confident that the judges at the European Court will make it clear to the European Commission, the European Parliament and the governments of the EU Member States that the disregard for science, environmental protection and consumer protection enshrined in the NGT Regulation will not be tolerated. ” The abolition of risk assessment for genetically modified plants in category NGT 1 and the loss of comprehensive labelling of products derived from these plants contravene the precautionary principle enshrined in the EU Treaties and the Cartagena Protocol to the UN Convention on Biological Diversity, to which Germany and the EU are bound under international law.
The organic and GMO-free sectors are prepared
The organic sector welcomes the legal challenges, not least because the regulation imposes a heavy burden on businesses in the form of new costs and red tape, as well as causing uncertainty amongst consumers. The German and European organic and non-GMO sectors will, of course, continue to work without using either NGT or any other genetic engineering techniques. Certified companies will continue to supply the market with GMO-free food in the future. In any case, this will continue to be guaranteed at every stage of the value chain through the clear distinction between ‘with’ and ‘without’ genetic engineering, starting with the seeds. For consumers, the removal of product labelling means that, when shopping, they will only be able to tell whether food has been produced without the use of genetic engineering by looking for ‘GMO-free’ and organic labels.
Author: Karin Heinze
Quellen: BÖLW, VLOG, AbL, keine-gentechnik.de, ENGA
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