Identifier
Created
Classification
Origin
05VIENNA3496
2005-10-31 11:42:00
UNCLASSIFIED
Embassy Vienna
Cable title:  

AUSTRIAN REACTION TO THE ECJ BIOTECH RULING

Tags:  EAGR ETRD TBIO ECON XG AU 
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UNCLAS VIENNA 003496 

SIPDIS

E.O. 12958: N/A

TAGS: EAGR ETRD TBIO ECON XG AU
SUBJECT: AUSTRIAN REACTION TO THE ECJ BIOTECH RULING

Refs: A) 04 Vienna 4131 B) 04 Vienna 2140 C) 03 Vienna

3988

Summary

-------

UNCLAS VIENNA 003496

SIPDIS

E.O. 12958: N/A

TAGS: EAGR ETRD TBIO ECON XG AU
SUBJECT: AUSTRIAN REACTION TO THE ECJ BIOTECH RULING

Refs: A) 04 Vienna 4131 B) 04 Vienna 2140 C) 03 Vienna

3988

Summary

--------------


1. Following the recent European Court of Justice (ECJ)

ruling against the state of Upper Austria's complete ban

against GMOs, the state government is considering

alternative strategies to keep Upper Austria "biotech free."

Upper Austria will look to "best practices" from other

Austrian states in an effort to keep GMOs out of the state.

Upper Austria announced its intention to forge a European

coalition of like-minded anti-GMO regions "from Scotland to

Sardinia." Around 80% of Austrian's oppose agricultural

biotech. End Summary.

Upper Austria Versus the ECJ

--------------


2. In a draft law in 2003, the state of Upper Austria

completely banned the cultivation of seeds and plants

containing GMOs. The Upper Austrian Government took this

action on a precautionary basis, arguing that GMO crops

could potentially damage ecosystems and that organic and

conventional crops could not co-exist in the region's

agricultural landscape. The European Commission (EC),after

consulting with the European Food Safety Authority (EFSA),

subsequently declared that the Upper Austria law violated

the EU's internal market rules. Upper Austria subsequently

appealed the EC decision.


3. Directive 2001/18/EC, which governs the deliberate

release of GMOs in the environment, provides for a case-by-

case authorization regime, but does not allow a Member State

to ban GMOs a priori. Consequently, the ECJ's Court of

First Instance ruled that that Upper Austria's reliance on

the precautionary principle was not based on scientific

evidence. According to the court, the EC was correct in

declaring the draft law in contravention of internal market

rules.

Disappointment in Austria.

--------------


4. The GoA, Austrian state governments, and the Austrian

public were extremely disappointed with the ruling.

Approximately 80% of the population opposes the use of

biotechnology in agriculture. Agriculture and Environment

Minister Josef Proell said he "regretted" the ruling, but

added that Austria would find other means to "effectively

prevent" the planting of GMO seeds in Austria. Upper

Austrian officials promised to "fight on" by emulating anti-

biotech strategies that other Austrian states and the

federal government have introduced to prevent biotech in

food.

But Anti-GMO Sentiment Remains Strong

--------------


5. The federal biotechnology law and several regional state

"precautionary" laws refrain from bluntly declaring "biotech

free zones." Instead, most strategies, such as the state of

Carinthia's restrictive anti-biotech law, aim to make

planting seeds unattractive. Farmers have to guarantee that

there will be no unintended mingling of biotech and

conventional crops. Furthermore, a biotech farmer must

register with regional authorities, and can be liable for

"damage" from GMOs on neighboring conventional and organic

farmers (ref A).

Regional Efforts

--------------


6. The Upper Austrian Government (a coalition between the

conservative People's Party and the Greens) publicly

announced its intention to coordinate more actively with

other Austrian state governments, and also with similarly

inclined European regions to develop effective anti-biotech

regulations. The Upper Austrian Government hopes to forge a

coalition of 32 like-minded regions stretching from the

Scottish highlands to Sardinia to steer European law in a

more anti-biotech direction.

VAN VOORST#