1. Seite 108.10.2015 GMO Policy in Austria (national strategy on cultivation and Co-existence, relevant legislation in Austrian Provinces ) by Heinz-Peter Zach International Conference in Riga – 10 December 2010

2. Page 2 10 December 2010 Austrian Position (milestones) Petition for a referendum (Gentechnik-Volksbegehren) 1997: 1,2 Mio. (21% of eligible voters) signed a petition: –No food from GMOs –No deliberate release into the environment of GMOs Only 21% of all the Austrians are in favour of GMO food according to Eurobarometer Special Survey 2005 2005 Upper Austria, Styria, Salzburg & Burgenland joined the Florence Charter for GMO-free regions. Meanwhile all the Federal States are declared GMO-free regions Resolution of all 5 political paties against the application on genetic Engineering in Austrian agriculture, dated 11 March 2009

3. Page 3 10 December 2010 GVO-cultivation: global – EU - Austria GMO- cutivation 20052006200720082009 global90 Mio. ha102 Mio.ha114 Mio.ha125 Mio.ha134 Mio.ha EU55.000 ha62.000 ha110.000 ha107.000 ha95.000 ha Austria00000

4. Page 4 10 December 2010 Competences (Constitution; Authorities) Marketing of GMOs: State; Federal Ministry of Health Cultivation of GMOs: Federal States (die Länder) Co-ordination of Co-existence: Federal Ministry for Agriculture and Forestry, Environment and Water Management Technical questions of cultivation: Austrian Agency for Health and Food Safety Environmental risk assessment: Federal Office of Environment (Umweltbundesamt)

5. Page 5 10 December 2010 Legal Sources (competences) Law on Genetic Engineering (Gentechnikgesetz): Federal Ministry of Health Genetic Engineering Precautionary Laws : Federal States (die Länder) Act on Seeds/ Regulation on GMO- Seeds/ Regulation on cultivated areas for seed-production : Federal Ministry for Agriculture and Forestry, Environment and Water Management

6. Page 6 10 December 2010 National Strategy in Austria – Co-ordination Authority for GMOs: Ministry of Health Working Group in the Federal Ministry for Agriculture and Forestry, Environment and Water Management Expert Group for establishing federal guidelines for the management of Co- existence Co-operation between the Authorities

7. Page 7 10 December 2010 Law on Genetic Engineering relevant provisions for Länder Federal Register: –Metadata on places of GMO cultivation –Take over of essential data from the provincial registers (place, area, GMO-UI, source) Civil Liability: –Burden of proof is mainly up to GMO-farmer –Compensation for economic damage and environmental sanitation measures –Dispute settlement by an official mediator before going to the court

8. Page 8 10 December 2010 Legislation – Genetic Engineering Precautionary Laws Legal Procedure: –2 schemes: Legal authorization (Salzburg; NÖ, B, W, ST) or duty to give notice (Carinthia; T, OÖ) –Conditions by authority or rejection are possible –Financial precaution may be ordered to the applicant Transparency: –Information by public registration –Duties of the applicant towards his neighbours Compensation: –By the GMO-grower in the case of illegal release –Relates to the caused damage (estimated value of harvest) –Restoration of the state before the release

9. Page 9 10 December 2010 Legislation - Act on Seeds (contamination) Regulation on GMO-Seeds (Saatgut- Gentechnik-Verordnung) –GMO-labelling of seed of GMO-varieties and GMO-contaminated seed –Absence of GMOs in basic-seed used for Austrian seed-multiplication (certificate) –Tolerance level for contamination of 0,1% GMO within the marketing of certified seed in Austria (in enforcement & post control) –Monitoring-program by the authority

10. Page 10 10 December 2010 Legislation - Act on Seeds (co-existence) Regulation for cultivated areas for seed- production (Saatgut-Anbaugebiete- Verordung) –Stipulation of species for closed multiplication areas (Swedish turnip, Maize, Swede and Turnip Rape, Fodder Turnip, Sugar and Fodder beet, Potato) –Stipulation of areas by the Länder; assistance by the Seed Authority

11. Page 11 10 December 2010 Situation of Scenarios Present scenario: –De facto GMO-free zone –Prevention of GMO-contamination in Austrian seed production –National Bans on GMO concerning cultivation are in force, also GMO-varieties concerned Co-existence scenario: –Regional procedure for cultivation of GMO-varieties –Elaboration of Federal Guidelines for the Management of Co-existence (Expert-group of AGES) is still outstanding in lack of practice –Cooperation with neighbouring States – mutual information on GMO-cultivation

12. Page 12 10 December 2010 National Strategy in Austria - Cultivation 2009: Initiative concerning the right of self-determination of Member States on GMO-free cultivation Summer 2010: Proposal of the European Commission for a legally binding right for self-determination Spring 2011: Statement of European Parliament Defending of Austrian bans on cultivation in Bruxelles and perpetuation of very strict formulations of Genetic Engineering Precautionary Laws in the Länder

13. Page 13 10 December 2010 National Strategy in Austria – feeding stuff Intiative on protein crops by advisory service for farmers (Agricultural Chambers): –first outcome: production of sojabean could be extended from 25.000 to 34.000 ha (+36%) in 2010 (sojabean cannot be replaced in pig and poultry fattening!) – moreover: By a third of sojaimports (rund 500.000 t) can be replaced by DDGS (Dried Distillers Grains with Solubles ), proper for feeding of ruminant animals).

14. Page 14 10 December 2010 Competitive without GMOs In the last 10 years: seed multiplication tripled (from 2000 up to 6000 ha maize seed multiplication area) due to increase in demand of guaranteed GMO-free seed maize. Futhermore big international seed industries offer GMO- free varieties for seed multiplication and trade! Genetically modified seed is more expensive than conventional seed. GMO-seed has not made much progress in EU.

15. Page 15 10 December 2010 Maize yields per ha in tons: US (GMO) and Austria Source: Austria: Statistik Austria, AMA USA: United States Department of Agriculture

16. Page 16 10 December 2010 Conclusions Austrian Legislation safeguards Co-existence and GMO-free cultivation as well. So far no disadvantages have appeared from waiving of GMOs in agriculture. International engagement is necessary to maintain GMO-free production. National initiatives are necessary to be able to offer GMO-free food.

17. Page 17 10 December 2010 Thank you for your attention !