The European Commission has decided to reject a request from Austria to introduce national measures banning the use of genetically modified organisms in the region of Upper Austria for a three-year period.
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The request was made in March 2003, under Article 95(5) of the EC Treaty, which allows Member States to derogate from European Union harmonisation measures, under certain strict conditions. These include the emergence of new scientific evidence as well as the existence of particular country-specific conditions.
The Commission said that after thorough examination of the Austrian request, it concluded that these conditions were not met in this specific case.
“We have analysed the Austrian measures in great detail, and, legally speaking, this seems a clear-cut case. The Treaty requirements allowing for a derogation from EU legislation are not met and, in its role of guardian of the Treaty, the Commission can only reject the Austrian request,” Environment Commissioner Margot Wallström said.

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By GlobalData