Commission's decision on Upper Austria's GM rules (link)

Brussels, 16 September 2003

Commission Decision of 2 September 2003 relating to national provisions on banning the use of genetically modified organisms in the region of Upper Austria notified by the Republic of Austria pursuant to Article 95(5) of the EC Treaty (notified under document number C(2003) 3117) (OJ L230/34 16.9.2003). Full text [NB link expires 45 days from publication date]

I. FACTS

(1) In a letter dated 13 March 2003, the Austrian Permanent Representation to the European Union notified the Commission, in accordance with Article 95(5) of the EC Treaty of a draft Upper Austrian Act on the prohibition of genetic engineering 2002 banning the use of genetically modified organisms in the region of Upper Austria (hereinafter national provisions) in derogation of the provisions of Directive 2001/18/EC of the European Parliament and of the Council...

Article 1
The national provisions on banning the use of GMOs in Upper Austria notified by Austria pursuant to Article 95(5) of the EC Treaty are rejected.

Article 2
This Decision is addressed to the Republic of Austria.

Official Journal of the EC, L230/34 16.9.2003