Global Biosecurity - Historical Background
Definition of a GMM/GMO in European legislation
One of the most important provisions in the guidelines is the definition of a "genetically modified organism" (GMO), which reads as follows: "An organism whose genetic material has been altered in a way which is not naturally caused by reproduction and/or natural recombination possible" (Article 2 of Directive 90/220/EEC). Directive 90/219/EEC provides a similar definition for the term "genetically modified micro-organism".
How the genetic material must be changed to arrive at a GMM/GMO is specified in an appendix to the guidelines based on three lists of techniques. In this way, the European,n Union, therefore, choose to lay down specific rules for the use of certain techniques of genetic modification. The list includes, of course, the recombinant DNA techniques, but also other techniques (injection, encapsulation, cell fusion) which at the time were thought to lead to an unnatural change in the genetic material of the host cell.
The European Union, on the other hand, chooses not to regulate the use of other techniques. The latter techniques fall into two categories:
- on the one hand, techniques that are not considered to lead to genetic modification under the Directives (the resulting organisms are therefore not considered to be GMMs/GMOs). These include natural processes for the transfer of genetic material such as conjugation, transduction, or transformation;
- on the other hand, techniques that produce GMMs/GMOs are not covered by the Directive. These include the techniques of genetic modification which in the past were traditionally often used for various applications so that at the time it could be assumed that the resulting organisms posed no proven risks to public health or the environment. For example, GMMs and GMOs obtained by mutagenesis after exposure to ionizing rays or mutagenic chemicals are not covered by the Directives and therefore do not have to undergo a risk assessment under those Directives.
The definition of GMO/GMM in the European directives (and therefore also the scope of those directives) is therefore based on the process of obtaining organisms. Consequently, the methods (genetic modification techniques) to obtain a GMO/GMM are put to the fore and not the final product. Around the same time, other countries like Canada or the United States prefer a different approach. They let the properties of the organism (the product) and its use determine whether or not to carry out a risk assessment, irrespective of the technique used to develop the organism.
The definition of GMO/GMM established at the European level in 1990 is still current. But that definition and the list of techniques are the subjects of heated debate at the European level.
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