Crops created by gene editing techniques such as CRISPR “might not need to be regulated by the strict European Union rules that govern genetically modified organisms,” said Nature, citing a formal opinion from an advocate general at the European Court of Justice. “European scientists have cautiously welcomed the carefully worded document,” which could end the uncertainty that has discouraged research.
The EU rules on GMOs were adopted in 2001, long before CRISPR was invented. “A bitter dispute over whether the directive applies to the newer methods has, in effect, led to a moratorium on any use outside the lab,” said Nature.
The European Court of Justice, the highest court in the EU, usually follows the advice of its advocates general, said Nature. A final ruling on the issue is expected this year. France asked the court for an interpretation of the GMO directive 15 months ago.
If gene editing is subject to the EU’s controls on GMO products, companies say, they would face exceptionally high costs in developing a product and gaining approval. “What’s more, they fear that if gene-edited products were to be considered GMOs, the public would reject them, as happened with genetically modified food,” said Nature. One German researcher said gene editing would be useful in helping crops adapt to climate change or the accidental introduction of pests from foreign countries.