French GM cultivation ban illegal, according to European Court of Justice
http://www.seedquest.com/news.php?type=news&id_article=20553&id_region=&id_category=1800&id_crop
Brussels, Belgium
8 September 2011
Today the European Court of Justice judged the French ban on the cultivation of genetically modified crops (GM) illegal. In response, EuropaBio views the Court’s judgment as a step towards choice in Europe. French farmers should no longer be denied the choice to use this GM maize.
The ECJ ruling has confirmed the arguments raised by the French farmers and seed companies that the 2008 French government order suspending MON810 use by French farmers did not follow applicable procedural regulations.
In addition, ECJ indicated that emergency measures can be invoked only in case of the existence of a situation which is likely to constitute a clear and serious risk to human health, animal health or environment, this was not the case when the French government acted. Over the last 15 years, this GM maize has been cultivated worldwide and has proven agronomic, economic and environmental benefits. Its safety has been consistently confirmed.
Carel du Marchie Sarvaas, EuropaBio’s Director of Green Biotechnology Europe, commented, “The European Court of Justice has given a clear verdict today: EU member states cannot ban GM based on myths and hearsay. In fact, French farmers had three years of experience planting GM crops prior to this ban. European scientists have shown again and again that GM crops pose no risk to health or the environment and, in fact, have health, socio-economic and environmental benefits. After all, they are grown on nearly 150 million hectares worldwide by over 15 million farmers, 90% of whom are resource –poor farmers working in developing countries.”
In 2007, pending the authorization renewal for MON810 maize under Regulation EC 1829/2003, the French government banned its cultivation, citing risk to health and the environment. The top legal advisor to the European Court of Justice, Advocate General Paolo Mengozzi, gave his opinion that only the EU itself could institute such bans and that the French government did not have the authority to adopt the ban. Advocate General Mengozzi also underlined that risk cannot be hypothetical.
Blow to French ban on Monsanto GM maize
http://main.omanobserver.om/node/64235
Fri, 09 September 2011
Brussels — France should not be able to unilaterally ban genetically modified maize produced by US-based Monsanto Co, and without proving that it poses “a clear and serious risk,” the European Union’s top court ruled yesterday.
The maize — known as MON 810 and long a target of environmental groups — has been controversial in the European Union since it was approved by its executive, the European Commission, in 1998. France suspended the maize’s transfer and use in 2007, followed by a cultivation ban a year later, under emergency measures allowed by an EU directive on genetically modified organisms.
Austria, Germany, Greece, Hungary and Luxembourg also applied so-called safeguard measures to prevent production of the maize, which is used for animal feed in the EU. The European Commission tried to challenge Austria and Hungary over the decision, but was overruled by a majority vote of EU agriculture ministers.
Monsanto, the world’s largest seed company, and other seed producers have separately been fighting France’s decision before its Council of State, which sought an opinion from the European Court of Justice on whether the country could justify its unilateral ban under the EU directive.
But the court found France’s case to fall instead under a set of EU regulations that gives the European Commission the right to first review any proposed ban. Only if it fails to act could France proceed unilaterally.
As part of that process, France would also have to “establish, in addition to urgency, the existence of a situation which is likely to constitute a clear and serious risk to human health, animal health or the environment,” the court said. — dpa
DJ France Intends To Maintain MON810 Ban After EU Court Ruling
08 Sep 2011 - 17:21
http://www.londonstockexchange.com/exchange/news/dow-jones/news-detail.html?newsId=20110908DN011830
BRUSSELS -(Dow Jones)- France intends to maintain its ban on the domestic cultivation of genetically-modified corn MON810 and will re-submit its application to prohibit the seed stock, French Ecology Minister Nathalie Kosciusko-Morizet said Thursday.
The European Court of Justice, Europe's highest court, ruled earlier Thursday that the French government hadn't followed the correct procedure in applying a ban. A European Commission spokesman later said France could re-submit the application using different regulations.
Kosciusko-Morizet said the decision to ban the crop "remains valid at this stage and the prohibition of cultivation of varieties of GM maize MON810 continues on French territory."
She didn't say when France would re-submit the decision to ban the crop.
The seed patent for corn MON810 is owned by U.S.-based agro-biotech firm Monsanto Co. (MON).
Mark Buckingham, Europe public affairs spokesman for Monsanto, said the company was "pleased that the arguments raised by French farmers and seed companies have been accepted by the court."
In a February 2008 decision, France said MON810 maize was "a serious risk to the environment."
EU rules require that member states show a health risk or environmental threat to take emergency measures banning GMOs, which must be supported by the European Food Safety Authority.
-By James Fidler, Dow Jones Newswires, brusselsdjn@dowjones.com; +32 (0)2 741 1324
