EU Gets Fed Up With France, Germany on Biotech Law
BELGIUM: February 16, 2006


BRUSSELS - France and Germany may win only a small amount of leeway if they fail to update national laws on genetically modified (GMO) foods and crops on time next month, or risk legal action and hefty fines at Europe's highest court.

 


After years of warnings to both countries to comply with EU law and integrate an EU directive on the environmental release of GMO’s into their national statute books, Brussels has started to lose patience at the lack of action in Paris and Berlin.

The directive, agreed by EU governments in 2001, regulates how GMO crops may be grown and approved across the bloc and ranks as the EU's main law, of around five, on biotech crops.

In December, France and Germany got a final order from the European Commission, charged with administering EU law, to fall into line with GMO policy in the rest of the European Union.

They are the last countries to do so, after Greece received a warning last July that it had also failed to put the law, known as the Deliberate Release directive, into its national statute book. All this should have been done by October 2002.

"Since the case is so advanced, I think we'd probably give them a little more time - and if they indicate that they are very close to adopting this necessary law," one Commission official told Reuters.

After the Commission sends its final written warning, known as a reasoned opinion, a period of two months begins for the member state concerned to comply with EU law. France and Germany received reasoned opinions in mid-December.

But given the Commission's holiday break over Europe's Christmas and New Year period, that deadline has been pushed back to early March, officials say.

"They would normally be required to come back to us, probably in early March," the official said. "And if nothing happened, we would take the next step and take them to court."

The warnings are the final chance for both countries to update their legislation before the Commission becomes entitled to ask the European Court of Justice (ECJ), the EU's highest court based in Luxembourg, to impose financial penalties.

Germany had failed to adopt an additional law needed to integrate the EU directive into its national statute book. France has only partially integrated it and not specified when it will do the rest, despite reminders, the Commission says.

Not only had the two countries failed to comply with an ECJ judgement from 2004, they then proceeded to ignore warnings from Brussels, it said in December.

 


REUTERS NEWS SERVICE