Martin Ferris (Kerry North, Sinn Fein)
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Question 511: To ask the Minister for the Environment, Heritage and Local Government if he will make a statement on the EU Commission's attitude towards the ban on genetically modified corn in Austria. [28440/07]

Batt O'Keeffe (Cork North West, Fianna Fail)
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The European Commission has, on three occasions, attempted to overturn the Austrian national ban on certain genetically modified maize. The Commission's most recent proposal was considered at the Environment Council on 30 October 2007. On this occasion the Commission sought only to overturn the prohibition on the import and processing of the maize kernels for use in food and feed; cultivation was excluded from the Commission's proposal.

The change in the proposal was prompted by the Environment Council Decision on 18 December 2006, that 'different agricultural and regional ecological characteristics' should be taken into account. It was also prompted by the impending deadline of 21 November 2007 for compliance with World Trade Organisation (WTO) requirements. The Commission is satisfied that should the ban on food and feed be lifted, the US (and possibly other countries) would be much less likely to invoke action against the EU for breach of WTO rules.

Ireland supported Austria in each of the three votes on the Commission's proposals. While there was a qualified majority against the Commission on the first two occasions when it sought to overturn the Austrian ban, there was no qualified majority for or against the Commission proposal at the most recent vote at the European Environment Council. In these circumstances, it is open to the Commission to implement its proposal to overturn the Austrian ban in regard to food and feed. Austria indicated at the Council meeting on 30 October that it would finalise a further report on 20 November justifying its action in invoking the bans on certain maize lines. In my view, Austria should have been allowed to complete its report and present its findings for consideration before any further action was taken in relation to the national bans.