FRENCH COURT ASKED TO REVERSE GENE-MAIZE DECISION

RTw 04.12.98 18:54


Copyright 1998 Reuters Ltd. All rights reserved.
The following news report may not be republished or redistributed, in whole or in part, without the prior written consent of Reuters Ltd.

PARIS, Dec 4 (Reuters) - A lawyer for the state on Friday asked France's Council of State to reverse its September decision delaying authorisation given to Novartis Seeds to market three strains of genetically-modified maize in France.
Jacques-Henri Stahl made the request at a public hearing but it could be several days before a final decision by the Council, the country's highest administrative court, is announced.
"We do not believe that the caution principle has been bypassed...The decree was not illegal..the delay is unfounded," he said.
But long-time genetical engineering opponent Greenpeace said it was confident the Council would in the end uphold its September decision.
"I am very confident. Stahl had the same arguments in September and the council did not follow at the time. Nothing has really changed since then except that there is more and more concern (over gene-crops)," Arnaud Apotecker, the head of Greenpeace France, told Reuters.
A lawyer for the ECOROPA association suggested that because the dispute touched both national and European legal points, the Council might choose to seek advice from the European Court of Justice. Such a move would further delay a final decision on the commercialisation of the three strains.
The September 25 decision by the Council followed a request by Greenpeace.
At the time the Council had said the decision had been taken on the basis of irregularities in the procedure rather than on safety grounds.
It had said it would rule on the principles of the decision in early December.
France in February 1998 authorised its farmers to grow genetically-modified maize developed by Novartis.
European Commission officials said that if the final ruling upheld the ban on Novartis maize, which has been approved for sale throughout the European Union, France may be in breach of EU laws.
In July France authorised the commercialisation and cultivation of two new maize varieties developed by U.S. firm Monsanto and German firm AgrEvo following a public debate on gene-issues.
But in October Greenpeace filed a new request with the Council of State to also nullify these decisions. The Council has yet to rule on that request.
Last July France imposed a two-year moratorium on approvals of all genetically-modified rapeseed varieties including two strains developed by Belgian firm Plant Genetic Systems (PSG), a unit of German group AgrEvo after concerns genetic modifications could be transmitted to other crops.
The strains MS1 and RF2 had been given EU approval in 1997.
The Commission has started legal proceedings against France for delaying the authorisation procedure.
(Paule Bonjean, Paris newsroom +33 1 4221 5432, fax +33 1 4236 1072, paris.newsroom+reuters.com))
REUTERS


Overview