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Checkbiotech: Commission takes legal action against Germany
Posted by: DR. RAUPP ; madora (IP Logged)
Date: July 18, 2005 07:42AM ; ;

The European Commission has decided to continue legal infringement
procedures against Germany and Spain for breaches of EU environmental
legislation. Germany has received a first warning because it has not yet
complied with a 2004 ruling by the European Court of Justice. The Court had
condemned Germany for failing to incorporate into its national laws an
important EU law on genetically modified organisms (GMOs). Spain will be
referred to the Court in two cases involving wild bird protection and
protection of the Earth's ozone layer. In two other cases, concerning public
access to environmental information and strategic environmental assessment,
Spain has received final warnings before possible Court action. These
actions are part of a series of environment-related infringement decisions
against several Member States, which the Commission is currently announcing,
July 2005.

Environment Commissioner Stavros Dimas said: ?I know that Member States
understand the need to address the concerns of their citizens; concerns that
legislation must ensure a healthy environment and a high quality of life. I
am confident that Germany will act quickly to bring its laws on GMOs in line
with European legislation, and that Spain will continue to work towards
closing the gaps in its environmental protection."

The Commission has sent Germany a first written warning for non-compliance
with a judgement delivered by the European Court of Justice on 15 July 2004
(case C-420/03). The case concerns the failure to adopt and communicate
national legislation to give effect to an EU law[1] aimed at controlling the
release of genetically modified organisms (GMOs) into the environment.

This law is at the centre of the EU's GMO legislation and aims to ensure
that only authorised GMOs are placed on the market and released into the
environment to avoid risks to human health and the environment. The
authorisation procedures includes, among other things, a scientific safety
check and environmental risk assessment, information to the public, and
close monitoring after the release. The deadline set for adopting this
legislation was 17 October 2002.

In February 2005, Germany informed the Commission that it had partially
transposed the legislation and that additional legislation was being
finalised to fully transpose the Directive. However, so far no further
transposition legislation has been communicated to the Commission.


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