The European Court of Justice (ECJ) ruled that Monsanto's GM maize can be placed on the market without Commission authorisation. However, Italy can impose a temporary ban on suspicion of risks.
Monsanto had marketed the maize in Italy under the so-called "simplified procedure", i.e. without seeking the authorisation of the Commission, claiming that the maize was similar to the conventional variety which had already been approved as safe by regulatory authorities. British and French agencies had approved this new variety on behalf of the whole EU.
The ECJ underpinnedMonsanto's choice of the simplified procedure, maintaining that the GM maize could be put on the market without Commission authorisation, as it was substantially equivalent to the conventional variety, and there was no evidence of a risk to consumers. The court said that the detection of transgenic protein did not undermine the simplified authorisation, and was not in itself a basis for banning the product.EuropaBiowelcomed the ruling, stating that "no justification on health or environmental safety grounds was provided by Italy to justify the ban."
However,Italywas confirmed in its temporary ban, as the court considered its preventive measures legitimate: a Member State can temporarily restrict or suspend the marketing of foods in its territory if it has a sound reason to suspect that the product is unsafe for humans or the environment. This verdict was welcomed by the Italian government as well as NGOs. "The European Commission has systematically denied the right of Member States to restrict the free circulation of GMOs, even when the reasons invoked are legitimate", saidGreenpeace, calling for Member States not to let themselves bully into accepting new GMO products.
The food biotechnology companies Monsanto, Syngenta and Pioneer Hi-Bred subsequently challenged the Italian measure, claiming that it was in breach of Community law (see
EurActiv, 17 March 2003).
