By Martin Banks - 8th September 2011
The ECJ has given a clear verdict today
EuropaBio
The European Court of Justice has ruled that a French ban on the cultivation of genetically modified crops (GM) is procedurally incorrect.
The case concerned a French national ban on the cultivation of Monsanto's genetically modified (GM) maize Mon810.
In a key ruling on Thursday, the Court of Justice argued that France had based its ban on the "wrong legislation".
In February 2008, the French government banned the cultivation of Mon810.
Days later, Monsanto, Pioneer, the French association of maize producers and seed producers started legal proceedings against the measure before the Conseil d'Etat, the highest French administrative court.
The Conseil d'Etat referred the case to the EU court.
On Thursday, the top legal advisor to the ECJ, advocate general Paolo Mengozzi, said that only the EU itself could institute such bans and that the French government did not have the authority to adopt the ban.
Mengozzi also said that risks involved "cannot be considered as hypothetical".
Other European countries with a ban on the cultivation of Mon810 are Germany, Austria, Hungary, Greece, Luxembourg and Bulgaria.
The court decision was met with a mixed response.
Greenpeace EU policy adviser Stefanie Hundsdorfer said, "Monsanto based this case on a technicality, which doesn't change the fact that France and the six other countries banning Mon810 have the legal right to do so, given the scientific concerns about the crop's safety.
"We urge France to improve the legal details of its ban as soon as possible."
But the organisation EuropaBio, the European association for bioindustries, welcomed the ruling as a "step towards choice in Europe".
Carel du Marchie Sarvaas, EuropaBio's director of green biotechnology Europe, said, "French farmers should no longer be denied the choice to use this GM maize.
"The ECJ ruling has confirmed the arguments raised by the French farmers and seed companies that the 2008 French government order suspending Mon810 use by French farmers did not follow applicable procedural regulations.
"In addition, the ECJ indicated that any measures can be invoked only in case of the existence of the situation which is likely to constitute a clear and serious risk to human health, animal health or environment.
"Over the last 15 years, this GM maize has been cultivated worldwide and has proven agronomic, economic and environmental benefits. Its safety has been consistently confirmed."
She added, "The ECJ has given a clear verdict today: EU member states cannot ban GM based on myths and hearsay.
"In fact, French farmers had three years of experience planting GM crops prior to this ban.
"European scientists have shown again and again that GM crops pose no risk to health or the environment and, in fact, have health, socio-economic and environmental benefits.
"After all, they are grown on nearly 150 million hectares worldwide by over 15 million farmers, 90 per cent of whom are resource-poor farmers working in developing countries."
