b'within the Common Catalogue whichpublic consultation for the modification ofUncertainties Mount in Frenchvarieties, in particular among the herbi- the Environment Code. While the consul- value chaincide tolerant ones, should be withdrawntation is still to be held, the HCB releasedWhile the draft decree also provides because of the lack of evaluation theyits opinions mid-July. some transitional measures for the should have been subject to according tocultivation and harvesting of the 2020 the Environment Code. Interpreting the EU Directive crop which was sown or planted before In addition, the French governmentAs stated above, the Conseil dEtat hadthe decree comes into force, uncertain-was asked to take the necessary meas- called upon the HCB to provide advice onties begin to mount in the French value ures to assess the risks associated toa possible classification of mutagenesischain. No specific provisions are made herbicide tolerant varieties, following thetechniques. Nevertheless, the French gov- regarding the steps following harvest, recommendations of the French safetyernment only referred to the HCB on theuntil oilseed crushing and rapeseed meal agency ANSES. The appropriate growingrestrictive text of the draft decree, focus- making. This brings legal uncertainty to conditions for those varieties should thening on random in vitro mutagenesis alone.all economic operators among the agri-be notified to the European Commissionfood value chain. as a consequence of the procedure laidAs the national seed association, down in Article 16(2) of the commonUnion Franaise des Semenciers (UFS) catalogue Directive 2002/53/EC. initiated a collective action with 28 other national partners to demonstrate that the Notifying the European Commission draft decree will impact not only seed Bound by strict deadlines set by theThe scientific advice of thecompanies but also agricultural and food Conseil dEtat decision, the FrenchHigh Council for Biotechnologychains. They mainly raise their concerns government followed-up and releasedabout the paradigm shift which could also on May 6, 2020, a draft decree amend- clearly states it does notlead to a new situation of low-level GMO ing the list of techniques for obtainingidentify biochemicalpresence in seeds, food and feed. This genetically modified organisms tradition- collective continues to be vocal towards ally used without any noted drawbacksdifferences between thethe recently appointed French govern-on public health and the environment.mutations, whether theyment, taking into account the outcome The draft decree, which refers toof the TRIS notification procedure at EU genetic modification techniques men- are obtained by randomlevel.tioned in the French Environment Code, specifies mutagenesis techniques to bemutagenesis in vitro, in vivo,Urgency to Review exempted from the scope of the regula- or spontaneously. The stacking of so many interpreta-tions relating to GMOs in France, with thetions clearly shows how ambiguous and exception of in vitro random mutagen- imprecise the existing text of the GMO esis consisting in subjecting plant cellsDirective 2001/18/CE is. In addition, the cultivated in vitro to chemical or physicaldirective doesnt contain provisions of mutagenic agents. its own updating as regards the current As a consequence, France alsostate of scientific knowledge.released two draft orders: i) to deleteThe scientific advice of the HCB clearlyMoreover, the French case described from the French catalogue the listing ofstates it does not identify biochemical dif- above shows its further implementation 7 Clearfield rapeseed varieties resultingferences between the mutations, whethermay lead to a non-harmonized EU regula-from in vitro mutagenesis and ii) to listthey are obtained by random mutagene- tory framework where member states 96 Clearfield rapeseed varieties, listed insis in vitro, in vivo, or spontaneously. Onlymay potentially use their leeway to require the EU Common Catalogue, that will betheir probability of appearance and theiradditional conditions for marketing prod-banned for cultivation in France after theselection easiness vary.ucts that were so far exempted from the decree enters into force. The socioeconomic committee of theobligations of the GMO Directive. It clearly Being susceptible to affect the freeHCB concentrated on the legal questionhas negative impacts for the internal movement of seeds and products withinwhether the draft decree allows the appli- market as well as the international one.the EU, France notified their draft decreecation of the decision of the Conseil dEtatUFS with 28 other national partners and subsequent orders to the Europeanand the ruling of ECJ. It criticizes thedefinitely consider this obsolete regula-Commission, under the specific and man- shortcomings in the draft decree as nottion must be revised as soon as the EU datory TRIS tool.establishing a precise list of techniques ofCommission has completed its ongoing On the way to the final adoptionmutagenesis traditionally used for vari- study on New genomic Techniques by of their draft decree, France thereforeous applications and for which safety isApril 2021.SWalso referred to the High Council forproven for a long time, as requested by Biotechnology (HCB) and opened athe Conseil dEtat.70/ SEEDWORLD.COMDECEMBER 2020'