With a final debate and a vote on four submitted proposals to amend the 'Act ensuring the protection of embryos in connection with the importation and utilization of human embryonic stem cellsⁱ', the Bundestag (lower house of parliament) decided on the future of stem cell research in Germany on 11th April.

The result can be interpreted as a confirmation of the compromise made in 2002: the general ban on creating and working on human embryonic stem cell lines in Germany is upheld; however, it will still be possible to import cell lines that were harvested abroad prior to a cut-off date. By adopting the bill the Bundestag has now decided to move this cut-off date from 1st January 2002 to 1st May 2007. Other proposals had called for maintaining the old cut-off date, for the replacement of the cut-off date regulation by an examination on a case-by-case basis, or even suggested a complete ban on the possibility of importation. By adopting the proposal with 346 out of 580 votes, the members of the Bundestag have also specified the scope of application of the Stem Cell Act: as it explicitly refers to the utilization of human embryonic stem cells in Germany, the work of German scientists abroad (e.g. in the context of international projects) will no longer constitute a criminal offence.

German research associations, such as the Max Planck Society or the Helmholtz Association, have welcomed the decision of the Bundestag. The German Research Association DFG, although it had called for much more far-reaching liberalisations of the restrictions, says it is glad and appreciative of the Bundestag's decision.

International and European stem cell networks, such as EuroStemCell and ESTOOLS, had published statements to convince the German parliament of the high potential of stem cell research and the impact of legislation on the ability to perform research using stem cells.  

Although the recent changes eliminate the insecurity upon German researchers working abroad, the exchange of stem cell derivates (such as DNA, proteins, derivative cells) remains unclear. Thus, the potential impact of the new and still restrictive legislation on the emigration and repatriation of German stem cell scientists remains unclear at the moment.

‘This is clearly a step ahead', says Oliver Brüstle, a stem cell scientist at the University of Bonn and member of the EuroStemCell and ESTOOLS consortia. ‘The new legislation will make it easier to collaborate within our European networks on the basis of the same high quality cell lines. The support of our EuroStemCell and ESTOOLS partners was overwhelming and, along with the help of other international stem cell networks and organizations provided a major force for liberalizing the previous legislation', he adds.

"The boards of EuroStemCell and ESTOOLS made a precious contribution to the public and legal debate about stem cell research by pointing out their appreciation of German researchers and their ambition to keep them integrated in the European consortia. Finally the law was changed in order to facilitate the collaboration of German scientists with other working groups throughout Europe in the field of stem cell research.  The German legislator found ways to keep his ethical and legal principles by alleviating European cooperation at the same time", says Christiane Woopen, member of the Ethics Advisory Panel of ESTOOLS.

Relevant links
Central Ethics Committee for Stem Cell Research
Register of approved applications (German only)
Bundestag documents from the political debate and decision (German only)