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Workshop A1 Austrian regional GM laws. Jens Karg, GLOBAL 2000. Key Points of the federal law: Rules of liability (§79 k – m) GMO-Register will keep record of all the relevant information. The Austrian Gene Technology Act. Provincial Law. Upper Austria (2002). key point:
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Workshop A1 Austrian regional GM laws Jens Karg, GLOBAL 2000
Key Points of the federal law: Rules of liability (§79 k – m) GMO-Register will keep record of all the relevant information The Austrian Gene Technology Act
Upper Austria (2002) • key point: • because of the precautionary principle a ban for three years • justification for the ban: • inadequate risk assessment for gmo • protection of the organic- and the non-gm-farming
European Court of Justice overrules the provincial regulation (ban)
key points: obligation of claim notification for every GMO-release revision and approval case by case responsible authorities may prohibit the release of GMOs,– co-existance polluter of the ground bares the cost in case of damage Corinthia Genetic Engineering Precautionary Measures Act
similarities with the Corinthian law, but better: obligation for approval from authorities (not only obligation for claim notification) connected to liability insurance or similar securities Salzburg Genetic Engineering Precautionary Measures Act
similarities with the law in Salzburg Lower AustriaGenetic Engineering Precautionary Measures Act
similarities with the law of Salzburg StyriaGenetic Engineering Precautionary Measures Act
similarities with the Corinthian law TyrolGenetic Engineering Precautionary Measures Act
possibility of prohibition of GMO-cultivation beyond this, no other legislative regulations planed VorarlbergAct on Environmental Protection and Rural Developement
based on the regulations in Salzburg ViennaGenetic Engineering Precautionary Measures Act
high influence by individual civil servants within the responsible authorities lots of room for individual interpretations no clear definition of the term co-existance Advantages and Disadvantages
need for clear and rigid definition for co-existance (zero tolerance) ensure right to gmo-free regions transfer good functioning practises onto other EU-member states. Challenges for the Future