National prohibitions
Opt-out
The so-called “opt-out” Directive of the European Union (EU) of 11 March 2015 (Directive (EU) 2015/412) amending Directive 2001/18/EC enables the EU Member States to prohibit or restrict the cultivation of genetically modified plants on their territory. An amendment of the existing German Gene Technology Act shall implement this Directive into national law.
In the light of this “opt-out” Directive Germany requested applicants to exclude the entire German territory from an authorisation of GMO cultivation. This request was expressed for all currently pending applications which are all for genetically modified maize. Since the applicants did not object to the requests, no cultivation of these genetically modified plants will be possible in Germany in the next future. Like Germany, other EU Member States similarly requested to exclude their territories entirely or partly from an authorisation of GMO cultivation.
The EU Commission offers information on Member States demands and outcomes of restricting the geographical scope of GMO applications and authorisations (https://ec.europa.eu/food/plants/genetically-modified-organisms/gmo-authorisation/gmo-authorisations-cultivation/restrictions_en)
Safeguard clauses
Article 23 of Directive 2001/18/EC and Article 34 of Regulation (EC) No 1829/2003 enable EU Member States to provisionally restrict or prohibit the use and/or sale of a GMO or the use of genetically modified food or feed on its territory (“safeguard clause”).
Currently, MON810 is the only GMO authorised for cultivation in the EU. In Germany, like in some other EU Member States, cultivation of MON810 is not possible. Germany declared “inactive” the existing cultivation authorisation, which is valid since 2009. BVL´s decision is available here (German language only).
Other EU Member States prohibited the cultivation of GMOs on their territory referring to the safeguard clauses.
Germany did not restrict or prohibit the placing on the market (commercial use) of genetically modified food or feed authorised in the EU. However, without authorisation for the intended use no GMO, genetically food or feed may be imported into the EU.