Brussels, 19/12/2006 (Agence Europe) - As we explained yesterday (EUROPE 9330), the Environment Council voted on 18 December, by qualified majority, to reject the Commission's proposal aiming to get Austria to lift its safeguard measures against trans-genetic maize MON 810 (Monstanto) and T 25 (Bayer). The United Kingdom, Netherlands, Czech Republic and Sweden were the only countries to vote against this decision.
Member States objected on two counts. France, initially, did not appreciate justification for the decision to support the safeguard measures (criticism made in scientific assessment). The reason finally retained, which underpinned the Council decision, which France was able to support, is based on three arguments: MON 810 authorised under the former 90/220/EC directive did not obtain new approval under directive 2001/18/EC; differences in agricultural structures and regional characteristics should be taken more into account in the authorisation and Austria is a small country with little valleys and it is difficult to separate GMO crops from others (this is the Austrian argument).
According to a source close to the Commission, the latter will now scrutinise the arguments employed and look at three possibilities: present the same proposal again; present a new proposal according to committee procedures or present a new proposal at the Council and Parliament in co-decision. The same source indicated that, “an appeal at the Court of Justice against the Council for non-respect of legislation in force would be” a possibility in the most extreme of scenarios. Whatever happens, it is too early to know what the Commission (quite embarrassed in respect of the WTO) will do. (ol/an)