Luxemburg: National GM crop situation

Luxemburg: National bans of GM crops

Luxemburg invoked the safeguard clause to ban 2 products but its “evidence“ was rejected by EFSA. Luxemburg never fulfilled the legal conditions to impose this bans, but the bans remain in place unchallenged.

Genetically Modified potato EH92-527-1

Use: Cultivation
Legal ground for ban quoted: Article 23 of Directive 2001/18/EC

  • Ban: In July 2011, Luxembourg notified to the EC its scientific argumentation justifying the implementation of a national safeguard measure prohibiting the placing on the market of GM potato EH92-527-1 for cultivation purposes, according to Article 23 of Directive 2001/18/EC.
  • EFSA: On 23 May 2012, EFSA was requested by the European Commission to assess the scientific information submitted by the Luxembourgeois Authorities. On 20 September 2012 the Scientific Panel on Genetically Modified Organisms of EFSA concluded that no new information were provided to lead to reconsideration of its opinion on GM potato EH92-527-1 which concluded that GM potato EH92-527-1 is as safe as conventional potato. See also http://www.efsa.europa.eu/it/efsajournal/doc/2874.pdf

Reactions European Commission, European Court of Justice, national courts

  • Failure to fulfill legal requirements: The ban has been in place since 2011 although Luxemburg has never provided detailed grounds for considering that genetically modified potato EH92-527-1 constitutes a risk to human health or environment.
  • No action of the EC: The European Commission did not take any action against the ban after the scientific opinion of EFSA in order to guarantee that the European law is implemented correctly.

Genetically modified maize line MON810

Use: Cultivation
Legal ground for ban quoted: Article 34 of Regulation (EC) No 1829/2003

  • Ban: On 29 June 2012,  Luxemburg provided to the European Commission a scientific argumentation in support of its request for the prohibition of the placing on the market of the genetically modified maize MON 810 according to Article 34 of Regulation (EC) No 1829/2003.
  • EFSA: On 29 May 2013, the European Commission requested the European Food Safety Authority to assess the supporting documentation submitted by Luxemburg. The procedure is on going and the deadline for EFSA opinion is 24/10/2013.

Reactions European Commission, European Court of Justice, national courts

  • Previous safeguard clause under article 23 of Directive 2001/18/EC: Currently Luxembourg prohibits  the cultivation of maize MON 810 trough a national decree adopted on 23 March 2009.  The European Commission did not take any action against this in order to guarantee that the European law is implemented correctly.
  • Failure to fulfill the legal requirement: The ban has been in place since 2009 although Luxemburg has never provided detailed grounds for considering that genetically modified Maize MON 810 constitutes a risk to human health or environment.