London (13.10.05)
– For some time, various pressure groups in a number of EU countries
have been agitating for so-called “GM-free zones” in which the
planting of any GM crops, even those approved for general cultivation in the
EU, would be banned specifically.
Some of those demands have emanated from Wales (1) while in Italy hundreds
of claims for GM-free status have been made (2). But it is all for show and
without legal substance as the European Court of Justice has ruled.
By the terms of the European Treaty, if…”a Member State deems
it necessary to introduce national provisions based on new scientific evidence
relating to the protection of the environment or the working environment on
grounds of a problem specific to that Member State arising after the adoption
of the harmonisation measure, it shall notify the Commission of the envisaged
provisions as well as the grounds for introducing them.” Thus, a country,
or a zone within its borders, might be put off-limits to approved GM crop
cultivation if there were new scientific evidence that doing so would in some
way protect “the environment or “the working environment”
(3).
Since those crops would already have been evaluated scientifically for health
and environmental effects, and approved for cultivation throughout the EU,
such new scientific evidence as Member States wished to submit in support
of a GM-free zone would have be evaluated by the European Food Safety Authority
(EFSA). So far that body has rejected applications made to it on the grounds
that no new scientific evidence had been forthcoming.
In a draft law in 2003, the region of Upper Austria completely banned the
cultivation of GM seeds and plants. The measure was taken on a precautionary
basis, with the argument that genetically modified crops could potentially
damage ecosystems. However, no new evidence was provided and the Commission,
after consulting EFSA, subsequently declared Upper Austria's move illegal
under EU internal market rules (4). That prompted a court action by the Austrians.
On October 5th, The European Commission won a legal battle as the Austrian
region of Upper Austria was prohibited by the EU Court to ban the growing
of genetically modified crops (5).
The Court of First Instance – the EU's second highest court –
argued that the general considerations of precaution, as put forward by the
Austrian region, constituted no proper scientific evidence "by their
general nature".
The court stated in its ruling: "When requested at the hearing to comment
on the scale of the problem posed by GMOs in the Land Oberösterreich,
the applicants were not able to state whether the presence of such organisms
had even been recorded".
Sources:
1. Steve Dube (22.5.2005). FUW attacks boss of Monsanto on GM. Western
Mail (http://icwales.icnetwork.co.uk/0100news/1000farming/tm_objectid=15320063%26method=full%26siteid=
50082%26headline=fuw%2dattacks%2dboss%2dof%2dmonsanto%2don%2dgm-name_page.html)
2. One in four Italian municipalities joins GMO-free campaign. ANSA
- English Corporate News Service (27.12.2004).
3. Consolidated Version of the Treaty Establishing the European Community
(24 December 2002). See article 95.5 (page 76) which reads: “Moreover,
without prejudice to paragraph 4, if, after the adoption by the Council or
by the Commission of a harmonisation measure, a Member State deems it necessary
to introduce national provisions based on new scientific evidence relating
to the protection of the environment or the working environment on grounds
of a problem specific to that Member State arising after the adoption of the
harmonisation measure, it shall notify the Commission of the envisaged provisions
as well as the grounds for introducing them.” (http://europa.eu.int/eur-lex/lex/en/treaties/index.htm).
4. Andrew Osborn (3.9.2003). Brussels blocks Austrian attempt to create
GM-free zone. The Guardian (http://www.guardian.co.uk/gmdebate/Story/0,2763,1034605,00.html)
5. Mark Beunderman (5.10.2005). Regions not allowed to ban GMOs, court
rules. EU Observer (http://euobserver.com/9/20018)
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