Staff Publications

Staff Publications

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    'Staff publications' is the digital repository of Wageningen University & Research

    'Staff publications' contains references to publications authored by Wageningen University staff from 1976 onward.

    Publications authored by the staff of the Research Institutes are available from 1995 onwards.

    Full text documents are added when available. The database is updated daily and currently holds about 240,000 items, of which 72,000 in open access.

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Record number 549629
Title Maximum vs minimum harmonization: what to expect from the institutional and legal battles in the EU on gene editing technologies
Author(s) Purnhagen, Kai P.; Wesseler, Justus H.H.
Source Pest Management Science 75 (2019)9. - ISSN 1526-498X - p. 2310 - 2315.
Department(s) Law and Governance
Agricultural Economics and Rural Policy
Publication type Refereed Article in a scientific journal
Publication year 2019
Keyword(s) approval costs - European Union - ex-ante regulation - ex-post liability - gene editing - investment - maximum harmonization - minimum harmonization - new plant breeding technologies - real options - regulation

New plant-breeding technologies (NPBTs), including gene editing, are widely used and drive the development of new crops. However, these new technologies are disputed, creating uncertainty in how their application for agricultural and food uses will be regulated. While in North America regulatory systems respond with a differentiated approach to NPBTs, the Court of Justice of the European Union (EU) has in effect made most if not all NPBT subject to the same regulatory regime as genetically modified organisms (GMOs). This paper discusses from a law and economics point of view different options that are available for the EU's multi-level legal order. Using an ex-ante regulation versus ex-post liability framework allows the economic implications of different options to be addressed. The results show that under current conditions, some options are more expensive than others. The least costly option encompasses regulating new crops derived from NPBTs similar to those used in ‘conventional’ breeding. The current regulatory situation in the EU, namely making the use of NPBTs subject to the same conditions as GMOs, is the most costly option.

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