Brussels, 09/03/2012 (Agence Europe) - It came as no surprise. On 9 March, in Brussels, the environment ministers failed to reach a political agreement on the proposal for a regulation dated July 2011 aimed at amending EU legislation to give member states the option of banning or limiting GMO crops on their territory although those very same crops might be authorised elsewhere in the EU (see EUROPE 10570 and 10556). Despite the countless efforts made by the Danish Presidency to rally the reluctant parties to a compromise, seven delegations forming a blocking minority (France, United Kingdom, Germany, Slovakia, Belgium, Cyprus and Bulgaria) opposed all compromise, to the great disappointment of Ida Auken, the president of the Council, and that of John Dalli, Health and Consumer Protection Commissioner, and certain delegations (Netherlands, Malta). There was no shortage of reasons given for not rallying to the text: - the fear that the internal market would fragment, the risk of potential conflict with the rules of the WTO, potential legal insecurity of the future legislation, the risk of seeing the EFSA's scientific expertise rendered fragile, or the lack of transparency in negotiations between national authorities and companies requesting authorisation. The intervention made by a representative of the Council's legal service, who gave his assurance that the text was fully compatible with the internal market, did not change the situation. Spain, hitherto among those opposing the text, has changed a little, hinting that it could rally to the cause if the dossier were represented at the Environment Council in June. This possibility is open but nothing is yet certain.
Upon noting the failure, Ida Auken told ministers that they would study how to reach a qualified majority but said: “I can't promise anything”. She told the press: “The discussion was long, difficult and heated. We were not able to reach agreement but there is a very strong desire on the part of the 27 member states to have the right to say no to growing certain GMOs. We would have been able to do more if some countries had not invoked reasons that are not new and which have all been answered already. I am disappointed as the situation of status quo is not enviable. Europe is not ready. We shall study whether there is sufficient motivation to reach another result in June or whether we must come to the same conclusion”.
John Dalli could not conceal his annoyance at seeing the reluctant members sticking to their positions. “Always the same arguments. I find that deplorable. Some send us back to the conclusions of the Council of December 2008 when we have implemented them fully except on one point”. He went on to comment that fragmentation of the single market, so feared by some, is precisely the situation that is currently prevailing. “For two GMOs currently authorised in the EU, ten member states out of 27 have a safeguard clause. The status quo is not in line with harmonisation”. Both speakers thanked the 20 countries that wish to press forward.
Many delegations regretted that, in the last proposal for a compromise, the reasons given to justify the limitation or prohibition to grow GMO crops were mentioned as a preliminary to the proposal and not in the body of the text (especially when environmental reasons were given).
During the debate, Belgium said that the proposal would “lead to a lack of harmonisation in the internal market and would not restore consumer confidence”. Germany's view was along the same lines as it fears “repatriation” of policies. The United Kingdom reiterated that the draft compromise does not allow a clear legal base for a national ban and states it fears the creation of a precedent if one distances oneself from the EFSA scientific base. The Netherlands spoke of a “creative proposal that offers an exit to the dossier in impasse”. Malta considered the lack of agreement a great “shame” and urged the 27 member states to keep to the legal opinions of the Commission and Council. All hailed the work accomplished by the Danish presidency. (AN/transl.jl)