In Switzerland, the Federal Council has approved the report on the regulation of new modalities of non-human biotechnology

The Federal Council of Swiss Confederation approved the report on the regulation of new genetic engineering techniques

At its meeting on February 2023, XNUMX, Bern adopted the report on the regulation of genetic engineering in the non-human sector.

In this way, the Swiss government fulfilled three postulates on genetic engineering law and new techniques.

The Genetic Engineering Act (LIG) came into force in 2004.

The report: "Regulation of genetic engineering in the non-human field" (in German)
The report: "Regulation of genetic engineering in the non-human field" (in French)

Since 2005 there has been a moratorium on the cultivation of genetically modified organisms

Following a popular vote, from the end of 2005 on Switzerland there is a moratorium on the cultivation of genetically modified organisms.

In recent years, new genetic engineering techniques have been developed, which are believed to have great potential in plant breeding as well.

In particular, they could contribute to an agriculture and food industry sustainable and efficient in terms of resources.

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Fulfilled three ad hoc postulates: 20.4211 Chevalley, 21.3980 CSEC-N and 21.4345 CSEC-S

On February 2023, 20.4211, the Federal Council adopted the report on the regulation of genetic engineering in the non-human sector, thus fulfilling three postulates: "Criteria for the application of the law on genetic engineering" (21.3980 Chevalley), "GMO moratorium . To make good decisions you need reliable information” (21.4345 CSEC-N) and “Selection procedures with genomic editing methods” (XNUMX CSEC-S).

In the report, the Federal Council explains the legal and historical foundations of genetic engineering, the current legal status of new techniques, traceability and labeling, as well as the conditions for the coexistence of traditional and genetically modified organisms.

It also looked into the possibilities of adapting the existing regulation for certain new genetic engineering techniques.

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From the LIG onwards, more opportunities and more challenges from the new genomic editing techniques

Since the LIG came into force, various new techniques have been developed (including the CRISPR/Cas method) which allow genetic material to be modified in a targeted manner (genomic editing).

These techniques are used in all fields of application of biotechnology and are preferred to previous methods in terms of costs, technical accessibility and simplicity as well as for the characteristics produced and the possibilities of intervention.

These methods involve both opportunities and risks.

One of the biggest challenges associated with new techniques is traceability.

Classical genetic engineering is characterized by the fact that foreign genes are introduced into a target organism (transgenesis) and can thus be clearly identified.

For mutations caused by new genetic engineering techniques, however, current detection methods do not allow unequivocal conclusions to be drawn.

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Leeway to regulate plants, seeds and other plant material

According to Article 37a, Paragraph 2, of the LIG, the Federal Council is to submit by mid-2024 a draft law aimed at introducing a risk-based licensing regime applicable to plants, seeds and other plant reproductive material obtained by means of new selection technologies.

In its report, the Government of the Switzerland proposes reference values ​​aimed at taking into account the peculiarities of these new genetic engineering techniques.

In this context it is planned to examine whether and to what extent such procedures and products can, in accordance with the Federal Constitution, be excluded from the scope of application of the LIG.

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New and classic labeling methods for GMOs, in deference to consumers

Consumers' freedom of choice will continue to be guaranteed.

Therefore, issues related to the labeling of genetically modified organisms with new and classical methods have to be addressed.

The same goes for the coexistence of these organisms in the field.

Finally, it will be a question of monitoring regulatory developments at European level and discussing issues concerning compatibility with the law of theWorld Trade Organization (WTO) and international agreements.

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