Pest Management Science (2019) 75, 2310-2315
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Maximum vs minimum harmonization: what to expect from the institutional and legal battles in the EU on gene editing technologies
Pest Management Science 75 (9), 2310-2315
Abstract: 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.
(The abstract is excluded from the Creative Commons licence and has been copied with permission by the publisher.)
(original language: English)
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Database assignments for author(s): Justus Wesseler
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resistance/tolerance/defence of host
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