In spite of stricter provisions in the new EU directive on deliberate release of genetically modified organisms (GMOs), critics still advocate a moratorium on permits for cultivation of GMOs. However, in an attempt to meet concerns raised by the public, the directive explicitly gives Member States the possibility to take into consideration ethical aspects of GMOs in the decision-making. This article investigates the potential effects of such formulation by means of an empirical analysis of experiences gained the last years from similar Swedish regulations for GMOs, aiming at promoting sustainable development. The faulty implementation shown in the Swedish case indicates that legal stipulations for ethics as such have limited importance. It is suggested that public participation is an important factor for successful implementation of the ethics of sustainable development.