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Maximum vs minimum harmonization : what to expect from the institutional and legal battles in the EU on gene editing technologies

Title data

Purnhagen, Kai ; Wesseler, Justus H. H.:
Maximum vs minimum harmonization : what to expect from the institutional and legal battles in the EU on gene editing technologies.
In: Pest Management Science. Vol. 75 (2019) Issue 9 . - pp. 2310-2315.
ISSN 1526-4998
DOI: https://doi.org/10.1002/ps.5367

Abstract in another language

New plant‐breeding technologies (NPBTs), including gene editing, are widely used and drive the development of new crops. However, these new technologies are disputed, creating uncertainty in how their application for agricultural and food uses will be regulated. While in North America regulatory systems respond with a differentiated approach to NPBTs, the Court of Justice of the European Union (EU) has in effect made most if not all NPBT subject to the same regulatory regime as genetically modified organisms (GMOs). This paper discusses from a law and economics point of view different options that are available for the EU's multi‐level legal order. Using an ex‐ante regulation versus ex‐post liability framework allows the economic implications of different options to be addressed. The results show that under current conditions, some options are more expensive than others. The least costly option encompasses regulating new crops derived from NPBTs similar to those used in ‘conventional’ breeding. The current regulatory situation in the EU, namely making the use of NPBTs subject to the same conditions as GMOs, is the most costly option. © 2019 The Authors. Pest Management Science published by John Wiley & Sons Ltd on behalf of Society of Chemical Industry.

Further data

Item Type: Article in a journal
Refereed: Yes
Institutions of the University: Faculties > Faculty of Life Sciences: Food, Nutrition and Health > Chair Food Law > Chair Food Law - Univ.-Prof. Dr. Kai Purnhagen
Profile Fields > Emerging Fields > Food and Health Sciences
Research Institutions > Research Units > Forschungsstelle für Deutsches und Europäisches Lebensmittelrecht
Result of work at the UBT: No
DDC Subjects: 300 Social sciences > 330 Economics
300 Social sciences > 340 Law
600 Technology, medicine, applied sciences > 630 Agriculture
Date Deposited: 24 Jul 2020 07:37
Last Modified: 24 Jul 2020 07:37
URI: https://eref.uni-bayreuth.de/id/eprint/56115