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The New Law on Plant Engineering: European framework, National Implementation and Scientific Issues

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image of Journal for European Environmental & Planning Law

The new Deliberate Release Directive on plant engineering was to be implemented into national law on 17 October 2002. As the EC Commission recently gave notice to Germany, that some provisions of the new German implementation law may not comply with EC law, the following article emphasises the painstaking scrutiny of the legal leeway the EU has granted to its Member States in the law of plant engineering. To facilitate the ongoing discussions on implementation in the Member States the possible provisions are divided between (from the European perspective) the mandatory and the optional. In particular, the liability rules for farmers using GMOs, the rules safeguarding biodiversity in protected zones and the good professional practice rules are both politically and legally fiercely controversial and these topics are not only covered from the legal perspective but also the scientific, as assessed by a molecular biologist.

Affiliations: 1: Institute for Nature Protection and Nature Protection Law, Tuebingen


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