Genetic Technology - Cultivation Ban Framework Act.

The purpose of the present Act - within the meaning of the precautionary principle - is the coordination between the agricultural and environmental policy in order to avoid adverse effects of genetically modified organisms and to conserve the natural foundations of life, biodiversity, peasant agriculture and forestry taking into account the ecological compatibility, regional balances and considering also mountain areas and other disadvantaged areas. An Advisory Board consisting of both representatives of the federal state and the Länder shall be established within the Federal Ministry of Agriculture, Forestry, the Environment and Water Resources. The Advisory Board has the following tasks: 1) mutual exchange of information on European and regional developments in the approval, monitoring and use of genetically modified organisms for cultivation; 2) coordinating position in the cultivation, restriction or prohibition of genetically modified organisms in accordance with article 26 b, paragraphs 3 and 4 of Directive 2001/18/EG on the deliberate release of genetically modified organisms into the environment of 17 April 2001; 3) coordinating coexistence of measures to maintain GMO-free farming and production chain; 4) reciprocal exchange of information on social, economic and environmental impact in the regions and rural areas in terms of traditional, regional or sustainable farming practices.
Article 3 establishes that the measures referred to in paragraph 1 may not be disproportionate or discriminatory and they shall not be contrary to Regulation (EC) No. 1829/2003 of the European Parliament and of the Council on genetically modified food and feed of 22 September 2003. They have to rely on the following compelling reasons: 1) Environmental policy objectives; 2) Urban and Regional Planning; 3) Land use planning; 4) Socio-economic implications; 5) Prevention of presence of genetically modified organisms in other products without prejudice to Article 26a of Directive 2001/18/EC; 6) Agricultural policy objectives; 7) Public order. The text consists of 4 articles.