EUROPEAN COURT ALLOWS CONTROVERSIAL GE MAIZE TO STAY ON MARKET

25 November 1999

Luxembourg, November 25, 1999 --- France had no other option than to follow the European Commissionís recommendation and allow Novartisí genetically engineered (GE) maize approval process to continue in 1997 when the maize was originally approved for the EU markets by the Commission. This is the preliminary opinion of the Advocate General of the European Court of Justice's (ECJ) announced today. Greenpeace regrets the opinion of the Advocate General and urges the ECJ not to follow it in its final judgement.

France's Conseil d'Etat had asked the ECJ to give its legal opinion on whether a member state could reject the European Commission's recommendation on a GE crop. According to the Advocate General a country introducing a new GE crop to the EU market can only follow the Commissionís recommendation. It has no right to refuse the approval when the Commission has agreed to it. Therefore the Conseil d'Etat cannot force the French government to reverse the entire approval.

"We are sad to see that the Advocate General supports this undemocratic EU approval process," said Arnaud Apoteker from Greenpeace. "When Novartis' maize was approved in the EU 13 member states opposed it. France was the only one to support the Commissionís recommendation. However the ECJ does not need to follow the preliminary opinion of Advocate General and we strongly urge it not to."

Greenpeace challenged the French approval in the Conseil d'Etat last year on the grounds that neither environmental nor health risks were properly taken into account in the original approval process. After considering the scientific evidence provided by Greenpeace the Conseil d'Etat revoked the growing approval in France in December 1998.

"It was the joint responsibility of France and the European Commission that this GE maize got allowed at all within the EU," said Apoteker. "Consequently they both must have the right and legal obligation to reverse such an authorisation at any time it in light of potential risks to the environment and public health."

The ECJ is likely to pass the final judgement in 17-22 months from the submission of the case in January 1999. It will then be returned to the Conseil d'Etat, which needs to take the final decision on Greenpeace's complaint.

Novartis' GE maize is engineered to produce its own pesticide against the European corn borer and to be tolerant to the herbicide glufosinate ammonium. It also contains an antibiotic resistance gene. Austria, Luxembourg and Norway have banned the import of the GE maize into their countries.

FOR FURTHER INFORMATION PLEASE CONTACT:
- Arnaud Apoteker, Greenpeace France GE campaigner, +33.1.53 43 85 91
- Isabelle Meister Greenpeace GE campaigner + 41.1.447 4195
- Mika Railo, Greenpeace International Press Desk, Amsterdam, +31.20.5249 548