Since the Gene Technology Act and the amended Environmental Protection Act came into force on 1 January 2004, there have been new and more stringent requirements for the experimental release of genetically modified (GM) and pathogenic organisms, and for the marketing of such organisms (see Box 1: Four protection targets). The Federal Council today put these statutory provisions into concrete terms by announcing a revised Release Ordinance would come into force on 1 October 2008. The revised Ordinance now also regulates the handling of alien plants and animals, to stop the displacement of indigenous species. In addition, technical rules have been updated and adapted to EU requirements.

The most important reforms in the Release Ordinance:

Experimental releases

Additional areas are designated where no genetically modified, pathogenic or invasive organisms may be released, e.g. nature reserves where hunting is prohibited.
Concrete provisions are designed to prevent released organisms from uncontrolled spread in the environment.
When experimental releases of GMO are evaluated, the impacts on neighbouring cultures must also be taken into account.
The requirements for guaranteeing liability will be graduated, depending on the use of the organisms and whether they are pathogenic organisms or GMO.
Marketing
If genetically modified plants are placed on the market, the impact on neighbouring cultures must also be taken into account. However, marketing GMO for agriculture is subject to the gene technology moratorium until 2010.
A duty to notify any releases of GMO direct into the environment is introduced.
Alien invertebrates (e.g. particular insects) that are not covered by the Ordinance on Plant Protection Products now require a licence.
Marketing of recognised invasive species (11 plant species, 3 animal species) is banned (see Box 2: List of recognised invasive species).

Monitoring of environmental pollution

The environment will now be monitored long-term for the presence of GMO and their possible impacts.
At federal level, a public register of sites will be established, detailing experimental releases that have been carried out or direct applications of GMO in the environment.
Invasive animal and plant species will be monitored.
Cantonal authority in combating environmentally hazardous organisms will be reinforced.

BOX 1
Four protection targets

Like the Gene Technology Act, the Release Ordinance has four protection targets for the handling of GMO:

Protection of human, animal and environmental health: in particular, the prevention of hazard caused by toxic or allergenic substances from organisms.
Preservation of biological diversity and the sustainable use thereof: in particular, prevention of the spread of undesired organisms or the permanent transmission of new transgenic properties to wild flora and fauna.
Protection of products without genetically modified organisms (GMO) and consumer choice: in particular, it must be ensured that GMO and non-GMO do not mix, either during production (e.g. in the field through pollen flight) or during processing (through the use of contaminated equipment).
Respecting the dignity of animals and plants: animals and plants whose species-typical properties and functions are substantially impaired as a result of genetic modification may not be used.

BOX 2
List of recognised invasive species

The plant and animal species below are considered invasive and, in accordance with the revised Release Ordinance, may not be placed on the market:

Common ragweed (Ambrosia artemisiifolia)
New Zealand pygmyweed (Crassula helmsii)
Nuttall’s waterweed (Elodea nuttalli)
Giant hogweed (Heracleum mantegazzianum)
Floating marshpennywort (Hydrocotyle ranunculoides)
Himalayan balsam (Impatiens glandulifera)
South American water primroses (Ludwigia grandiflora, Ludwigia peploides)
Asian knotweeds including hybrids (Polygonum polystachum, Polygonum cuspidatum = Reynoutria japonica = Fallopia japonica)
Staghorn sumac (Rhus typhina)
Narrow-leaved ragwort (Senecio inaequidens)
American goldenrod including hybrids (Solidago canadensis, Solidago gigantea, Solidago nemoralis)
Asian ladybeetle (Harmonia axyridis)
Red-eared slider (Trachemys scripta elegans)
North American bullfrog (Rana catesbeiana)

Experimental releases

Monitoring of environmental pollution

BOX 1 Four protection targets

BOX 2 List of recognised invasive species

BOX 1
Four protection targets

BOX 2
List of recognised invasive species

New regulations for the release of organisms