EU's highest court to rule on French GM crop ban

 Reuters Company News - March 20, 2000 08:54

BRUSSELS, March 20 (Reuters) - The European Union's highest court is
set to rule whether France had the right in 1998 to suspend approval 
of three genetically modified (GM) maize strains already cleared at EU level.

A spokeswoman for the Luxembourg-based European Court of Justice said
on Monday the final ruling was expected to be released early on Tuesday.

The test case, which has ramifications for future authorisations of GM
crops in Europe, has involved the French government, major biotech companies, 
environmental lobby Greenpeace and the European Commission.

The ruling follows a non-binding preliminary opinion issued last
November from the ECJ's Advocate-General, which said France was not 
justified in blocking the authorisation.

Although the court is not obliged to follow the Advocate-General's
opinion, it does so in the vast majority of cases.

The EU's approval process for GM crops has been in limbo since April
1998, increasing trade friction with the United States, the world's major 
GM crop grower.

France originally submitted the application for EU approval of the GM
maize on behalf of Swiss life sciences group Novartis. But once the 
approval had been granted at EU level, the French government declined to 
give the final go-ahead, and referred the matter to the court.

Greenpeace and French farm unions have argued during the case that the
EU's approval process does not deprive the member state submitting the 
original request of the power of veto.

But Novartis, supported by U.S. multinational Monsanto, has countered
the member state must accept the EU decision.

The Novartis maize -- the initial application was made in the name of
its forerunner Ciba-Geigy Ltd -- was one the first GM crops to gain EU 
approval, and was opposed by a number of EU governments.

Earlier this month, EU governments postponed a decision on approving
new GM rapeseed and fodder beet varieties, continuing the bloc's de 
facto moratorium.