Apr 11, 2006

Coexistence

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National regulations on coexistence

Austria

The Austrian Genetic Engineering Act was amended in November 2004. It stipulates general conditions for GMO cultivation “for the protection of national farming and to safeguard organic and conventional farming methods”.

Specific regulations have since been issued in the various Austrian provinces. For the cultivation of GM plants this means:

• A duty of care to avoid adventitious contamination between GMO and conventional harvest produce;
• A cultivation register with a licence or notification requirement for the areas under cultivation.
• Liability rules which expressly take into account the interests of farmers who want to practise non-GM farming.

As in Germany, conventional farms are entitled to compensation for “significant adverse effects” as a result of GMO contamination, e.g. if they can no longer sell their harvest, or no longer in the planned way. Conventional farmers are entitled to injunctive relief vis-à-vis their GM farming neighbours and can request that they prevent contamination that exceeds the usual level and that leads to significant adverse effects. If a conventional farmer demands compensation for significant adverse effects caused by GMOs, the claim may only be rejected if the GMO farmer can prove that his farming did not cause the contamination. Before legal action is brought, the parties must attempt to arrive at an amicable settlement with the help of a board of arbitration.

The elaboration of detailed coexistence rules lies within the competence of the federal provinces. The pioneer was the province of Carinthia with its Genetic Engineering Provision law. This was followed by similar laws in Vienna, Lower Austria, Salzburg, Burgenland, Tyrol and Styria (bill). The European Commission considers the bill produced by Upper Austria to be incompatible with EU law. The European Court of Justice will have to pass judgment on this.