|
January 23, 2008
Source:
GMO Compass
Poland must allow the cultivation
of genetically modified plants approved in the EU. The European
Commission has rejected a draft law on genetically modified
organisms (GMO) that would have restricted any plantings to
designated zones and placed additional requirements on the use
of GMO seeds. According to the Commission, Poland did not
provide any new scientific evidence to justify the national
measure in reference to the protection of the environment or the
working environment. Consequently, the ban cannot be based on
the "safeguard clause" foreseen in the EU law. Reports from
Polish media indicate the willingness of the newly elected
centre-right government to ease its stance over biotechnology.
In April 2007, Poland had notified the Commission of its plan to
prohibit the planting of genetically modified plants by law. Any
cultivation would be obliged to take place within designated
zones. After application and the subsequent solicitation of the
responsible municipal council, such zones could have been
established by governmental decision. Comprehensive obligations
also were foreseen in the case of a deliberate release for
experimental purposes. The draft act foresaw a risk assessment
and technical documentation, as well as written declarations of
consent from neighbouring farmers. In rationalising such
measures, the government made reference to the small structured
agricultural land-use in Poland. The country has almost two
million farms and the average area of a single farm is less than
8 hectares. Given this level of fragmentation, the isolation of
GM from conventional and organic crops was assessed by the
government as impossible.
Comparing the Polish act with the EU Directive on the deliberate
release, the Commission concluded that the national measures are
more restrictive. In accordance with EU law, experimental
releases are not subject to the consent of any third party such
as neighbouring farmers. Furthermore, without entitling any
Member State to adopt a general ban of the cultivation or any
other use of a genetically modified organism, the provisions of
the EU Directive indicate that the cultivation of a GMO can be
prohibited only on a case-by-case basis. Poland did not refer to
new scientific studies, literature or other possible findings
indicating new evidence concerning the protection of the
environment or the working environment. The Commission's
decision was dated as October 12th, 2007 but was not published
in the Official Journal until Monday, 21th January, 2008.
Further information:
|
|
