Volunteer plants of oilseed rape (Brassica napus L.) from persistent seeds in soil can affect subsequent crops. Apart from the agricultural disadvantages, the environment and the marketing of the seeds may also be affected, particularly if plants with special ingredients or genetically modified (gm) plants are grown. In order to investigate the influence of soil cultivation and genotype on seed persistence and gene flow via volunteers, a field experiment was set up testing four tillage treatments and two cultivars in a split-plot design. The cultivars tested were near-isogenic to two gm cultivars. To simulate harvesting losses, 10000 seeds m-2 were broadcast on a soil in July. The subsequent tillage treatments were combinations of immediate or delayed stubble tillage by a rotary tiller, primary tillage with plough or cultivator, or zero tillage. Over the following year, the fate of the seeds was determined. Immediate stubble tillage with following cultivator or plough resulted in 586 resp. 246 seeds m-2 in the soil seed bank. After delayed stubble tillage with following plough, 76 seeds m-2 were found, and no soil seed bank was built up in the zero tillage treatment. Nevertheless, in the zero tillage treatment, several robust volunteer plants survived the herbicide application before the direct drilling in autumn until following spring. In the zero tillage treatment and in the cultivator treatment, 0.19 volunteers m-2 resp. 0.06 volunteers m-2 flowered simultaneously to ordinarily sown oilseed rape in the following crop of winter wheat and produced 73 resp. 18 seeds m-2. Delayed stubble tillage reduced the risk of gene escape via the soil seed bank, while zero tillage resulted in the highest risk of gene escape by pollen and by production of a new generation of seeds. In terms of a labelling threshold for gm food this number of seeds would be below the threshold of 0.9% of transgenic parts in conventially bred food or feed.