EU rules French delays over gene
crops illegal
RTw 07.10.98 14:52
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BRUSSELS, Oct 7 (Reuters) - The European Commission ruled on Wednesday that France's
two-year moratorium on two genetically modified rapeseed developed by Belgian firm Plant
Genetic Systems (PGS) was illegal.
The EU's executive said it also began legal proceedings against France for delaying the
authorisation procedure for several other genetically altered crops, which officials
declined to identify at this stage.
Paris imposed a moratorium in July on approvals of all genetically engineered rapeseed
varieties -- including the herbicide-resistant PGS strains MS1 and RF2, which were given
European Union approval in 1997 -- after concerns the genetic modifications could be
transmitted to other crops.
But the Commission said Paris had no right to prevent PGS, part of German agrochemicals
firm AgrEvo, from marketing the crop.
For a genetically modified organism to receive EU approval, it must pass through three
stages.
Firstly, an EU government proposes authorisation, then the Commission and 15 EU states
decide whether or not to grant approval, and lastly, the proposing country formally
notifies the crop manufacturer.
Authorisation for the PGS rapeseed was requested by the former French government of Prime
Minister Alain Juppe and granted at EU level in June 1997. But the new French
administration, led by Prime Minister Lionel Jospin, has pledged not to issue final
consent before mid-2000.
Commission spokesman Peter Jorgensen told reporters the executive would write to the
French authorities explaining that they had no choice but to issue market authorisation
for the crops or face court action.
"There is no delay foreseen in the directive (EU law on gene-changed crops). It
cannot take 15 months," he said.
A French government spokeswoman in Brussels said France would tell the Commission that
Paris' decision was based on scientific advice and the principle that it was better to
take precautions when there was a perceived risk.
"I don't think it will be possible for us to give authorisation. This is a very
sensitive issue among the French public and there are real fundamental problems," she
said.
"The European decision-making process doesn't appear to guarantee safeguards and
proper transparency," she added.
In the second case, Jorgensen said several biotechnology companies had asked France to
launch authorisation procedures for new gene-altered crops but had received no reply.
EU law says the authorities must inform the companies concerned within 90 days whether
their requests have been accepted and forwarded to the Commission or have been rejected.
"They can't refuse to open their mail. They can't refuse to answer their telephone.
They have to act," Jorgensen said.
The Commission's legal services are also examining a decision in September by the French
Council of State to suspend government approval of three strains of transgenic maize
developed by Swiss pharmaceutical company Novartis.