Upper Austria fights to remain GM-free

Date: 13/10/05

Upper Austria has launched a second bid to remain free of genetically modified produce after the European Court of First Instance (CFI) overturned on 5 October the region's blanket ban on sowing or cultivating any GM crops .

Within 24 hours of the CFI's ruling, Austria had drafted another law on which the first hearing will be held on Wednesday (20 October).

Based on the 'precautionary principle' the law, already in place in the Austrian region of Carinthia as well as some other member states such as Denmark and Germany, would oblige any farmer wanting to grow GMOs to notify the regional authority. Farmers would also then be liable for any contamination and any land to be used for conventional agriculture would have to be decontaminated.

Gerald Lonauer, a spokesman for the region, said that the "objective of being a GM-free area remains exactly the same". He added that the region might appeal against the CFI ruling but that no decision had yet been taken.

Upper Austria is one of 164 European regions trying to remain GM-free, but the CFI ruled that there was not enough scientific evidence to warrant the region's ban and upheld the European Food Safety Authority's case that it was an infringement of EU internal market rules.

But the EU continues to be split on biotechnology. In June EU environment ministers backed national bans on eight EU-approved GM products while, according to industry officials, Spain, France, Germany, Portugal and the Czech Republic are all now commercially growing a pest-resistant GM maize for animal feed.

In September the Danish parliament, previously a fierce opponent of GMOs, announced that it would lift its objection to its government approval of GM maize after being appeased by EU rules on labelling and tracing the products.

But Upper Austria is calling on the 164 regions in the Network of GMO-free Regions to strengthen their opposition.

"There are not that many areas where member states can rule themselves on GM and we are just trying to take action where we can," said Lonauer.

The next important stage in the debate will be whether European Commission adopts pan-European rules on separating GM crops from conventional or organic crops, an issue known as 'co-existence.'

Agriculture Commissioner Mariann Fischer Boel said last month that a decision would be taken in April.