Archived press release

Austrian GM crop ban over-ruled

5 October 2005

Friends of the Earth is calling for an urgent review of European Law after the European Court of Justice (ECJ) today ruled against the region of Upper Austria which had introduced a law effectively banning genetically modified crops.

The Upper Austrian law was passed in January 2003 - but hadn't been given the necessary approval by the European Commission, so it never came into force. It took a precautionary stance and argued that as long as the problem of coexistence of GM and non-GM crops was not solved, the cultivation of GM crops would be banned for a period of three years [1].

Nearly three years on, the ruling against Upper Austria comes at a time when there are still no EU-wide coexistence measures in place to protect farmers and consumers from GM contamination. The UK Government consultation on the issue has been repeatedly delayed.

Upper Austria is just one of 164 Regions and 4,500 local authorities in the EU to have declared themselves GM-free. In the UK, 60 local authorities have passed GM free resolutions [2].

The European Commission is opposed to GM-free zones and vetoed the Upper Austrian law under Treaty article 95(5), the "environmental guarantee" clause. The European Food Safety Authority (EFSA) published an opinion that stated that no new evidence for health or environmental risks was presented by the Region to justify its law. Friends of the Earth Europe published a damming critique of the EFSA in November 2004, accusing it of bias and going beyond its remit to benefit the biotechnology industry. Since its conception the EFSA has rejected virtually every concern raised by Member States' about the safety of GM foods and crops [3].

Clare Oxborrow, Friends of the Earth's GM Campaigner said:

"The GM-free areas movement will not be stopped by one legal ruling. Thousands of local governments and regions across the UK and Europe have voted to ban GM crops because of the threat they pose to local food production and the environment. It is time that European law reflected the wishes of the majority and gave local communities the right to say no to GM crops. "

Notes

A copy of the EJC ruling can be obtained from Friends of the Earth

[1] The Upper Austria law (Genetechnology Prohibition law) is still only a draft due to the Commission's refusal to accept it. It was notified under document number C(2003 3117) OJ 2003 L230 p.34

The law was based on a scientific paper written by Werner Mueller of Global 2000 (Friends of the Earth Austria) "GVO freie Bewirtschaftungsgebiete: Konzeption und Analyse von Szenarien und Umsetzungsschritten" (PDF).

[2] Maps of all GM-free Regions can be found at :
www.gmofree-europe.org
www.gmfreebritain.com

[3] "Throwing caution to the wind: a review of the European Food Safety Authority and its work on genetically modified foods and crops." Friends of the Earth Europe, November 2004. www.foeeurope.org/GMOs/publications/EFSAreport.pdf (PDF†)

†To view PDF files you will need to download Adobe Acrobat Reader. Visually impaired users can get extra help with these documents from access.adobe.com.

If you're a journalist looking for press information please contact the Friends of the Earth media team on 020 7566 1649.

Published by Friends of the Earth Trust