Commission to take Member States to Court over failure to implement biotech legislation

Background

Austria, Belgium, France, Germany, Italy, Luxembourg, the Netherlands and Sweden not only missed the transposition deadline of 30 July 2000, but they also failed to give a satisfactory response to formal requests ("reasoned opinions") sent by the Commission (see also EurActiv, 29 January 2003 ).

The Directive has triggered controversy in some Member States as it also concerns the patentability of biological material, which can extend to isolated elements of the human body. This new legislation, however, is essential to smoothen differences in legal protection that currently exist in Member States, which could create barriers to trade and hence impede the proper functioning of the internal market. Having such legislation in place would also help European companies compete on level terms with their Japanese and American rivals.

According to EU estimates, by 2005, the European biotech market could be worth over 100 billion euros. By 2010, global markets could amount to over 2000 billion euros, excluding agriculture.