Embryonic and genetics research has riveted attention in the German media for the past year. While biotechnology holds significant promise, there is also potential for misuse in selective reproduction and genetic discrimination. Widespread debate involving the scientific, religious, and policy communities revolve around the tension between the scientifically feasible and the morally right. To help further public education and dialogue, "exert influence on specific policy decisions," as well as "make public debate on genetic engineering more intensive and much more transparent than it has been," Chancellor Gerhard Schröder created the National Ethics Council in early May 2001.

"Advances in the fields of biotechnology and genetic engineering are raising ethical questions that a government can and must only answer in conjunction with society as a whole," Schröder said, commenting on the council's creation. "The [National] Ethics Council will be a permanent forum for dialogue in which various scientific, social, philosophical, and theological positions are presented for the process of answering questions of this kind." He was also careful to note, "It is definitely not a group of experts whose purpose is to lend ethical legitimacy to decisions taken by others." Nor will it determine legal standards for the use of genetic engineering and biotechnology.

Headquartered at the Berlin-Brandenburg Academy of Sciences and Humanities, the 25 members of the council represent scientific, medical, theological, philosophical, social, legal, ecological, and economic interests. Each member is appointed for a period of four years. Although independent in its activities, the council will not be cut off from operative government policy activity and will be funded by the federal government. The council's recommendations will not take the place of decisions by policy makers.

The National Ethics Council will reflect on the different views held in society and will convene experts and representatives of various interest groups to discuss these issues.

"Only a public that is informed and able to discuss options openly will be able to make and support decisions on future-related issues such as the use of biotechnology and genetic engineering. These decisions cannot be left up to a few specialists or otherwise interested parties," Schröder said.

The National Ethics Council will also make position statements on related ethical questions. Schröder has made it clear that a top position in the fields of biological, genetic, and medical technology is necessary for Germany to fully realize the potential of its economy in the future. German firms currently account for more than 20 percent of European biotechnology firms, with activity in the sector jumping 30 percent in a year and accounting for 11,000 jobs.

"In your work you will be constantly confronted with biological, legal, and philosophical knowledge that has been developed in other countries. Our discussion here is part of an international and, at the very least, a European debate," Schröder told the council at its first meeting in June.

Despite its broad mandate, the council has focused on embryonic stem cells since its inception. It released its first report in early December. After all, while worldwide debate over genetic and biotechnological advances supplied the fuel, a controversy regarding the import of embryonic stem cells had provided the first impetus for the council's creation.

Research with human embryonic stem cells in Germany is legislated by the Embryo Protection Act (EPA) of 1990. The law prohibits any extraction of cells from embryos for research purposes. In April, scientists from the University of Bonn submitted a proposal to the Deutsche Forschungsgemeinschaft (DFG), Germany's central funding agency. The proposed research involves using imported cells, a matter to which the EPA provides no guidance.

Although the DFG favored the use of imported stem cell lines and participation in the international discussion of embryonic stem cell research, critics thought that allowing the use of such cells would violate the spirit of the law. There was also increasing discussion on modification of the EPA. In July, the agency decided to postpone its decision for approval or rejection of the funding application until December. By that time, the council would have a chance to formulate a recommendation on the issue, and a decision then would also reflect any potential changes in legislation.

On December 6, the council released its first report, which backed the import of embryonic stem cells with restrictions:

1. Stem cells should only be extracted from embryos prepared for use in in vitro fertilization that are left over and no longer intended for transfer into the uterus. Parents should also be required to provide consent for the use of such embryos and be given full information about the procedure.
2. There should be an initial three-year limit on such imports in order to allow lawmakers to study research results and revisit the issue.
3. Only stem cells that were produced before the funding application should be allowed for import.

The council also called for a central registry and the creation of an institution for the ethical and scientific consideration of stem-cell usage. Spiro Simitis, the council's president, said the conditions would apply to both private and state-supported research. Fourteen of the twenty-five committee members voted in favor of the measure.

Concerning modifications to the act, Schröder noted that the basis on which the import of embryonic stem cells is allowed had stood the test of time and that the government did not intend to bring about a change in the current legal situation.

Parliament, whose own ethics panel, the German Bundestag Commission of Inquiry, had rejected the import of stem cells prior to the release of the council's report, will debate the issue in January.