Brussels, 27/02/2001 (Agence Europe) - On 26 February, the European Commission decided to send a Reasoned Opinion to France, Germany, Italy, the United Kingdom, Luxembourg, Belgium, Ireland, Greece, Spain and Austria, these Member States not yet having communicated their national implementing legislation of the 1998 updated version of the directive on the laboratory use of genetically modified micro-organisms. Directive 98/81/EC updates the 1990 Directive (90/219/EEC) by adapting it to technological progress made over the decade. It aims to bring legislation into line with current international practice and sets stricter administrative procedures and notification requirements than was the case in the past, so as better to limit the risks presented by the contained use of genetically modified micro-organisms. It also expands the guidance on the containment and control measures to be applied to protect human health and the environment.
The national implementing legislation of Directive 98/81 should have been adopted and communicated to the Commission on 5 June 2000 at the latest. The ten Member States not having fallen in line with this obligation, the European Executive sent them a letter of formal notice on 8 August 2000, asking them to submit their observations within two months. Germany responded by stating that it envisaged publishing a law implementing the directive in July 2001 and that supporting regulations were scheduled for January 2002. Spain said that implementing measures were being drawn up, without any text, however, having been forwarded to Brussels. Austria said that there were already legislative provisions notified in 1995 that covered part of the directive's requirements and that complementary legislative instruments were being prepared. The United Kingdom communicated the implementing legislation for Great Britain, but not for Northern Ireland or Gibraltar. Ireland provided a draft implementing text, but his text has still not been adopted. France, Luxembourg, Belgium, Italy and Greece simply failed to reply to the Commission.
The ten Member States in question still not having fully implemented the directive, the Commission decided to send them a second warning in the form of a Reasoned Opinion. They now have two months to adopt the necessary measures to meet their obligations, otherwise they risk being hauled before the Court of Justice.