2003/653/EC: Commission Decision of 2 September 2003 relating to national provisions on banning the use of genetically modified organisms in the region of Upper Austria notified by the Republic of Austria pursuant to Article 95(5) of the EC Treaty (Text with EEA relevance) (notified under document number C(2003) 3117)

• Articles: 2

Article 1

The national provisions on banning the use of GMOs in Upper Austria notified by Austria pursuant to Article 95(5) of the EC Treaty are rejected.

Article 2

This Decision is addressed to the Republic of Austria.

Done at Brussels, 2 September 2003.

For the Commission

Margot Wallström

Member of the Commission

(1) OJ L 106, 17.4.2001, p. 1.

(2) OJ L 117, 8.5.1990, p. 15.

(3) OJ L 117, 8.5.1990, p. 1.

(4) OJ L 330, 5.12.1998, p. 13.

(5) OJ 125, 11.7.1966, p. 2298/66.

(6) OJ 125, 11.7.1966, p. 2309/66.

(7) OJ L 193, 20.7.2002, p. 12.

(8) OJ L 193, 20.7.2002, p. 33.

(9) OJ L 193, 20.7.2002, p. 60.

(10) OJ L 193, 20.7.2002, p. 74.

(11) OJ L 165, 3.7.2003, p. 23.

(12) OJ L 43, 14.2.1997, p. 1.

(13) Provincial Act, prohibiting the cultivation of genetically modified seed and planting material and the use of transgenic animals for breeding purposes as well as the release of transgenic animals especially for the purposes of hunting and fishing (Upper Austrian Act prohibiting genetic engineering 2002).

(14) Report of the Committee on National Economic Affairs concerning the Provincial Act prohibiting the cultivation of genetically modified seed and planting material and the use of transgenic animals for breeding purposes as well as the release of transgenic animals especially for the purposes of hunting and fishing (Upper Austrian Act prohibiting genetic engineering 2002).

(15) OJ L 189, 29.7.2003, p. 36.

(16) The 'Release Directive' being defined prior in the Committee Report as Directive 2001/18/EC.

(17) "Genetically modified-free areas of farming: conception and analysis of scenarios and steps for realisation", Werner Müller, 28 April 2002 (carried out on behalf of the department for environment of the region of Upper Austria and of the Federal Ministry for social security and generations).

(18) OJ C 126, 28.5.2003, p. 4.

(19) Comments were received from Italy, the Netherlands and Europabio.

(20) In this context it is also important to mention that the seeds Directives stipulate the adoption of such measures to ensure a high level of purity for basic and certified seeds. However, no distinction is made regarding admixture between conventional and genetically modified varieties.

(21) These documents are: Letter dated 13 February 2003 Ref: Verf-5-1300000/37-GM; "Notification to the Commission concerning the introduction of a national provision (draft Committee Report) prohibiting the cultivation of genetically modified seeds and propagating material, the use of transgenic animals for breeding purposes and the release of transgenic animals, in particular for hunting and fishing purposes (Upper Austria Genetic Engineering Prohibition Act 2002. (Oö: GTVG 2002)), in accordance with Article 95(5) of the EC Treaty"; "Report of the Committee on National Economic Affairs concerning the Provincial Act prohibiting the cultivation of genetically modified seed and planting material and the use of transgenic animals for breeding purposes as well as the release of transgenic animals especially for the purpose of hunting and fishing (Upper Austrian Act prohibiting genetic engineering 2002)"; "GMO-free agricultural areas: Design and analysis of scenarios and implementation measures", study by Engineer Werner Müller; "Green Report 2001, Report on the economic and social situation of Upper Austrian agriculture and forestry in 2001"; and "Report on the Implementation of NATURA 2000 in Upper Austria over the next five years".

(22) Question No EFSA-Q-2003-001.

(23) OJ L 31, 1.2.2002, p. 1.

(24) Opinion of the Scientific Panel on Genetically Modified Organisms on a question from the Commission related to the Austrian notification of national legislation governing GMOs under Article 95(5) of the Treaty, The EFSA Journal (2003) 1, 1-5.

(25) See recital 27.

(26) See the Commission Communication on recourse to the precautionary principle (COM(2000)1 final, 2.2.2000).

(27) See in particular judgments in cases T-13/99 and T-70/99 of the Court of First Instance, (2002) ECR-II, p. 3305.