Ist die GVO-Definition im EU-Recht
bezogen auf das Verfahren oder das
Produkt?
Hans-Jörg Buhk
Berlin, 05.11.2014
Directives 2001/18/EC and 2009/41/EC
GMO, Article 2, Definitions
(2) „Genetically modified organism (GMO)" means an organism,
with the exception of human beings, in which the genetic
material has been altered in a way that does not occur
naturally by mating and/or natural recombination;
Within the terms of this definition:
(a) genetic modification occurs at least through the use of the
techniques listed in Annex I A, part 1;
(b) the techniques listed in Annex I A, part 2, are not
considered to result in genetic modification;
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GMO Definition, Annex I A, Part 1, Dir.
2001/18/EC
Annex I A, Part 1, Dir. 2001/18/EC
Techniques of genetic modification referred to in Article 2 (2) (i) are inter
alia:
(1) …genetic material produced (prepared) outside an organism
… (i) forming new combinations by insertion into a vector …
and (ii) incorporation into organism …capable of continued
propagation
(2) … heritable material prepared outside … introduced into an
organism
(3) … cell fusion … forming new combinations of genetic material
by means of methods … not naturally
GMO Definition, Annex I A, Part 1, Dir.
2001/18/EC
Annex I A, Part 1, Dir. 2001/18/EC
Techniques of genetic modification referred to in Article 2 (2) (i) are inter
alia:
(1) …genetic material produced (prepared) outside an organism
… (i) forming new combinations by insertion into a vector …
and (ii) incorporation into organism …capable of continued
propagation
(2) … heritable material prepared outside … introduced into an
organism
(3) … cell fusion … forming new combinations of genetic material
by means of methods … not naturally
GMO, Article 2, Definitions
(2) "genetically modified organism (GMO)" means an organism, with
the exception of human beings, in which the genetic material has
been altered in a way that does not occur naturally by mating
and/or natural recombination;
GMO Definition, Dir. 2001/18/EC
GMO defined by
•
•
•
techniques not resulting in genetic modification ( process) and
techniques resulting in genetic modification ( process): bear
altered genetic material (product)
under the condition that the resulting products can not occur
naturally by certain natural processes ( product)
Cartagene Protocol on Biosafety
Article 3, Use of Terms
(h) "Living organism" means any biological entity capable of
transferring or replicating genetic material, including sterile
organisms, viruses and viroids;
(i) "Modern biotechnology" means the application of:
a. In vitro nucleic acid techniques, including recombinant
deoxyribonucleic acid (DNA) and direct injection of nucleic
acid into cells or organelles, or
b. Fusion of cells beyond the taxonomic family,
that overcome natural physiological reproductive or
recombination barriers and that are not techniques used in
traditional breeding and selection;
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Cartagena Protocol on Biosafety
Article 3, Use of Terms
(g) "Living modified organism" means any living organism
that possesses a novel combination of genetic material
obtained through the use of modern biotechnology;
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Directives 2001/18/EC and 2009/41/EC
GMO, Article 2, Definitions
(2) „Genetically modified organism (GMO)" means an organism,
with the exception of human beings, in which the genetic
material has been altered in a way that does not occur
naturally by mating and/or natural recombination;
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Vielen Dank für Ihre Aufmerksamkeit
Kontakt:
H-J.Buhk@t-online.de
+491608581758