Count One Victory in Europe for Biotechnology

Once the European Union approves a genetically modified crop, its individual member states can no longer take additional national authorization measures. That was the decision reached by the European Court of Justice in September in a key victory for GM seed companies.

The ruling states that “pending the adoption by the regions of rules to ensure the co-existence of conventional, organic and genetically modified crops, it could not consider that company’s application for authorization to cultivate hybrids of genetically modified maize derived from MON 810 which were already listed in the common catalogue of varieties of agricultural plant species.”

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Pioneer, which licenses the MON 810 trait from Monsanto and is a top seed provider in more than 90 countries, said the European Court of Justice decision confirms that co-existence rules can be adopted by EU member states, but they are not mandatory for cultivation of GM crops.

József Máté, Communications Manager for DuPont Pioneer in Europe, said that the so-called co-existence rules have been intended by EU law makers as an additional tool in the hands of national authorities for ruling economic aspects related to cultivation of GM products, since all human and environmental safety issues are checked before granting the EU approval of the same GMOs.

Member states are actively involved and asked to express their views, concerns and votes within the current EU regulatory approval process for GM crops, Máté explained. After the EU approval of a new GM product, national authorities are not supposed to adopt national bans on cultivation. However, if new scientific evidence comes out, they can ask for the safeguard clause procedure.

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The court’s decision follows a request of Italy’s State Council on a legal case brought by DuPont’s Pioneer Hi-Bred Italia Srl against the Italian Ministry of Agriculture, which is still pending in front of the Council. It is expected to rule on this case in next few months, and Pioneer is looking for this final ruling in order to get a clear understanding of legislative requirements for cultivating GM crops in Italy, Máté said.

Read more about the court’s decision on biotechnology in the October issue of FCI.

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