US embassy cable - 05VIENNA3496

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 
 
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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#