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.

Discover B2B Marketing That Performs

Combine business intelligence and editorial excellence to reach engaged professionals across 36 leading media platforms.

Find out more


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.

GlobalData Strategic Intelligence

US Tariffs are shifting - will you react or anticipate?

Don’t let policy changes catch you off guard. Stay proactive with real-time data and expert analysis.

By GlobalData

Just Food Excellence Awards - The Benefits of Entering

Gain the recognition you deserve! The Just Food Excellence Awards celebrate innovation, leadership, and impact. By entering, you showcase your achievements, elevate your industry profile, and position yourself among top leaders driving food industry advancements. Don’t miss your chance to stand out—submit your entry today!

Nominate Now