Ist die GVO-Definition im EU-Recht bezogen auf das Verfahren oder das Produkt? Hans-Jörg Buhk Berlin,

2 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 ; Directives 2001/18/EC and 2009/41/EC

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; 7

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; 8

9 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; Directives 2001/18/EC and 2009/41/EC

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