The widespread commercial planting of genetically modified crops has yet to be sanctioned in Europe, but cannot be far away. This is a prospect that arouses considerable public concern as to both the health and environmental implications of genetically modified organisms (“GMOs”). The application of biotechnology in the development of new agricultural products raises major concerns not only for environmental protection, however, but also for the potential role of liability regimes in the allocation and protection of property rights. In the European Union, a regulatory framework for field trials and the commercial exploitation of GM crops was introduced at a relatively early stage in the development of agricultural biotechnology. The Directives on the Deliberate Release into the Environment of Genetically Modified Organisms and on the Contained Use of genetically modified microorganisms1 require technocratic authorisation processes based on a scientific risk assessment of GM releases.