Austrian Position (milestones)

1. 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. 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. GVO-cultivation: global – EU - Austria

4. 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. 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. 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. Law on Genetic Engineeringrelevant 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. 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. 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. 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. 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. 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. NationalStrategy 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. 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. Maize yields per ha in tons: US (GMO) and Austria Source: Austria: Statistik Austria, AMA USA: United States Department of Agriculture

16. 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. Thank you for your attention !