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Reuters | December 10, 1999 | By Michael Mann

BRUSSELS - The European Union is unlikely to start legal action in the near future against countries such as Austria that have imposed national bans on certain genetically modified organisms, the EU's senior environment official said on Friday.

Austria, Luxembourg and France have all placed national restrictions on the use of GM crops that have been approved by the EU, fearing they could have negative effects on both human health and the environment.

The EU's top scientific committee concluded earlier this year that there was no new evidence to back Austria's ban on two types of genetically modified maize developed by Novartis AG and Monsanto Co.

But with public suspicion of foods derived from GM crops growing, and the EU busy amending its approvals process for GMOs, EU Environment Commissioner Margot Wallstrom said it was not the time to start challenging such bans in the courts.

"We have to live up to our obligations under the treaty and the existing rules, but there's the option of saying we will wait or do it in another way or find a solution together with these countries," Wallstrom told Reuters.

"I think you have to take a very pragmatic path and avoid taking these countries to court when we're in the process of finding new solutions (to the GMO question)."

Wallstrom said she appreciated the potential benefits of biotechnology but that she shared the public's concerns about the new technology. Companies developing new seeds had to explain better what their motives were.

"Do we need more food? We already have overproduction. They must be able to explain what the use is of these crops and be able to tell people what we know and what we do not know."

No new GM crops have been authorised in the 15-member EU for 19 months amid growing consumer concerns about food safety.

To meet these concerns, the EU is midway through revising its approvals system to provide for tighter checks and better information for consumers.

U.S. FRUSTRATION

The block on new approvals has angered the United States, a key trading partner, which has been unable to ship some bulk commodities to the EU that are widely grown by its farmers but not yet licensed in Europe.

Wallstrom said she was preparing a paper which would attempt to define the so-called "precautionary principle" on which the EU based many of its decisions to ban products it considered to be a risk.

The EU has maintained its ban on U.S. hormone-treated beef, saying it has evidence, but not proof, that hormones can be a danger to human health.

Wallstrom said she wanted to clarify on what basis the principle could be applied "to create understanding between the American way of looking at things and the European way."

She added, "The precautionary principle is something which allows us to take action even when we don't have all the scientific evidence. Should the definition (of when we can apply it) be when we have scientific evidence or scientific proof or scientific data?

"Maybe it will never be possible to draw an exact line, but we must try to explain the thinking and justify the right to use it."

The United States has said it believes the EU often uses unverified scientific data as an illegal barrier to trade, and insists a ban can only be based on absolute proof of risk.

Copyright 1999 Reuters Ltd. All rights reserved.