Temporary ban on the cultivation of maize of the MON 810 variety

In an expedited procedure, the Braunschweig Administrative Court (VG Braunschweig, decision of 4 May 2009 – 2 B 111/09) ruled that the Federal Ministry of Food, Agriculture and Consumer Protection (BMELV) may disregard the expert assessment of the Federal Office of Consumer Protection and Food Safety (BVL) even if there is no reliable scientific evidence of dangers to the environment as a result of a release.
In this specific case, the BVL had reauthorized the cultivation of the MON 810 maize line because, even based on recent scientific findings, it did not believe it posed a risk to the environment. However, the ministry considered the doubts resulting from the studies sufficient to assume risks to the environment and instructed the BVL to suspend the proceedings pursuant to Section 20, Paragraph 2 of the Genetic Engineering Act (GenTG). The legality of this instruction has now been confirmed in the first instance by the Braunschweig Administrative Court.

Conclusion:
The plant operator or the person carrying out a release has no security, even if they believe they are in agreement with the licensing authority. The latter's decision can be revised by order of the Ministry.

This publication can also be found on the website of the law firm Dr. Kauch .