German Federal Agency for Nature Conservation (BfN)


Nature Conservation concerning Deliberate Release of Genetically Modified Organisms


Genetic engineering (environmental impacts on human health and the environment, and chemical safety)

Research Code

805 64 001

Project Lifecycle

September 2005 - December 2006

Research Focus and Aims

The project involved a legal appraisal covering the issue of deliberate release of ge-netically modified organisms (GMOs) in and near protected areas.

A central focus of the study was the relationship between the approval requirements of both the EU and Germany's genetic engineering legislation and nature conserva-tion law (BNatSchG, Habitats Directive 92/43/EEC, Länder-specific legislation, and protected area charters).

With regard to approval under genetic engineering law, attention was paid to clarify-ing whether and to what extent the type, scope and outcome of the risk assessment and the specification of approval conditions can affect the application of nature con-servation provisions beyond the approval process or have any advance impacts on the findings of any subsequent assessment under nature conservation law.

Also, the assessment had to look at the Community requirements that must be ap-plied when adding nature conservation provisions to GMO approval documents. It also had to investigate the relationship between Article 34a BNatSchG, Articles 10 (1), 11 and 34 BNatSchG. and Article 6 of the Habitats Directive (92/43/EEC).

Consideration also had to be given to the time at which, the way in which and the government agencies by which the provisions of Articles 34 f BNatSchG must be taken into account or can be taken into account most effectively.

Research Body

Prof. Dr. Gerd Winter
Forschungsstelle für Europäisches Umweltrecht (FEU)
University of Bremen
Postfach 33 04 40
28334 Bremen

Point of Contact at BfN

Andreas Heym FG II 1.1

Final Report/Publication

Published in magazine "Natur und Recht", Part 1: NuR 2007, 571-587, Part 2: NuR 2007, 635-641 (, also on Prof. Dr. Winter`s website (in German), Part 1 Part 2)

Last Change: 09/01/2007