EU environment ministers should consider later this year whether to order Austria to lift its bans on two genetically modified (GMO) maize types: restrictions that were attacked this year by the World Trade Organisation.
Between 1997 and 2000, five EU countries banned specific GMOs on their territory, focusing on three maize and two rapeseed types that were approved shortly before the start of the EU's six-year moratorium on new biotech authorisations.
In June 2005, the European Commission tried to get all the bans scrapped but got a stinging rebuff from EU environment ministers, which rejected proposals for the five - Austria, France, Germany, Greece and Luxembourg - to lift their bans.
Earlier this year, the World Trade Organisation criticised these "national safeguards", as they are known in EU jargon, in a landmark case brought against the EU by Argentina, Canada and the United States for breaking international trade rules.
Now, Austria's two bans are back on the agenda after its six-month rotation stint as EU president has run its course. Austria has banned two GMO maize varieties: one in 1997 and the other in 1999. The first was against MON 810 maize made by US biotech giant Monsanto and the second against T25 maize made by German drugs and chemicals group Bayer.
Politically, with Austria no longer the EU president, the Commission - the bloc's executive arm - became free to try again to get the bans lifted, hoping to demonstrate to the complainants in the WTO case that it is taking action on GMOs.
It has now sent draft orders for Austria to lift the two bans to EU environment ministers for them to decide. Environment ministers usually meet every three months - their next meeting is scheduled for October 23 in Luxembourg, and then on December 18.
"It may well go to the December council (of ministers), it's a bit too soon for October," a Commission official told Reuters. Austria, which passed the rotating six-month EU presidency to Finland at the end of June 2006, is the only country in the bloc whose bans relate to GMO products still actively marketed.
In the other cases, the companies manufacturing the particular GMO products that were the subject of the original bans have withdawn them from the market. To force Austria to lift its bans, the Commission will need to secure a weighted majority of EU ministers in favour of its draft orders. There can also be a weighted majority against, when the Commission would withdraw the orders and reconsider.
But if, as is most likely, there is no majority either for or against, then EU law gives the final say to the Commission, which would most probably order Austria to lift the bans.
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