Greenpeace defends Poland against challenge by European Commission

Greenpeace yesterday made a legal submission to the European Commission arguing that Poland’s draft national legislation on the use of Genetically Modified Organisms (GMOs) is fully consistent with EU law. Greenpeace made its submission in the context of a formal European Commission notification procedure on the draft Polish law. This procedure could represent the first step of a challenge by the EU Executive of the Polish national GMO law.

Greenpeace yesterday made a legal submission to the European Commission arguing that Poland's draft national legislation on the use of Genetically Modified Organisms (GMOs) is fully consistent with EU law. Greenpeace made its submission in the context of a formal European Commission notification procedure on the draft Polish law. This procedure could represent the first step of a challenge by the EU Executive of the Polish national GMO law.

The Greenpeace submission was written by EU Environmental Law Professor Ludwig Krämer. According to Professor Kraemer Poland has the right to restrict the use of GMOs in its territory in order to protect its environment. The fact that a genetically modified seed or plant or animal has been authorised at EU level does not mean that member states have no further rights to regulate the use of such genetically engineered living beings in their territory.

"The fact that a car has been authorised for sale and circulation in the EU does not mean that it can be driven without restriction everywhere in all member states. EU member states certainly have the right to regulate the use of cars and restrict it to designated roads. EU law similarly applies to the case of genetically modified organisms - member states have the right to regulate and restrict the use of GMO seeds, plants and animals in their specific environments. Poland is right on this one." said Professor Krämer.

"The Commission's interpretation of the provisions set out in Directive 2001/18/EC, according to which member states are not allowed to regulate the use of GMOs in their territory, is flawed" Professor Krämer added. "This interpretation is based upon the false assumption by the Commission that the concepts of 'placing on the market' and of 'use' are equal in EU law" he concluded.

Greenpeace urges the European Commission to recognise the right of Poland and all EU Member States to restrict the use of GMOs in their territories in order to protect their citizens and the environment from the serious and irreversible risks posed by the cultivation of GMOs.

"The Commission should correct its flawed interpretation of EU law and stop trying to interfere with Poland's national law on the use of genetically modified organism in Polish agriculture" said Marco Contiero, GMO policy director of Greenpeace European Unit.

Greenpeace European Unit is based in Brussels, where we monitor and analyse the work of the institutions of the European Union (EU), expose deficient EU policies and laws, and challenge decision-makers to implement progressive solutions.