93. Federal Law, laying down rules on the prohibition of the cultivation of genetically modified organisms (genetic engineering-cultivation ban-framework law) and amending the Plant Variety Protection Act

The National Council has decided:

Article 1

Regulations on the prohibition of the cultivation of genetically modified organisms (genetic engineering-cultivation ban-framework law)

Target

§ 1. The aim of this federal law is-in the sense of the precautionary principle-the coordination of agricultural and environmental policy in order to avoid the undesirable effects of genetically modified organisms, in order to provide the natural basis for life, the biological -to preserve diversity and farming and forestry, taking into account environmental compatibility, regional balance and taking into account mountain areas and other lessfavoured areas.

Advisory Council on the coordination of genetic engineering

§ 2. (1) At the Federal Ministry for Agriculture, Forestry, Environment and Water Management, a Advisory Board consisting of representatives of the Federal Government and of the Länder is established.

(2) The task of the Advisory Board is to coordinate fundamental issues relating to the medium-and long-term Austrian agricultural policy in agricultural and environmental matters, as well as to discuss and develop national strategies for further securing the freedom of genetic engineering in cultivation in Austria, applying the possibilities provided for in Directive (EU) 2015/412 (OJ L 206, 22.7.2002, p. OJ L 68/1 of 13.03.2015).

(3) The Advisory Board shall be responsible for the following tasks:

1.		the mutual exchange of information on European and regional developments in the authorisation, monitoring and application of genetically modified organisms for cultivation;
2.		the coordination of the position in the cultivation, restriction or prohibition of genetically modified organisms in accordance with Article 26b (3) and (4) of Directive 2001 /18/EC on the deliberate release into the environment of genetically modified organisms (OJ L 106, 17.4.2001, p. L 106/1 of 17.04.2001), as last amended by Directive (EU) 2015/412, which are applied to the environment as seeds or planting material;
3.		coordination of co-existence measures for the maintenance of GM-free management and production chain;
4.		the mutual exchange of information on social, economic and environmental impacts in the regions and rural areas in relation to traditional, regional or sustainable economic practices;
5.		the preparation of specific recommendations and the selection of the respective measures in accordance with Article 26b (3) and (4) of Directive 2001 /18/EC for the purpose of efficient implementation.

(4) The Advisory Board shall be composed of a high-ranking representative of the Federal Ministry of Agriculture, Forestry, Environment and Water Management and the Federal Ministry of Health, as well as a representative of each federal state. The representatives of the federal states are proposed by the respective provincial governor. The members are appointed by the Federal Minister for Agriculture, Forestry, Environment and Water Management.

(5) The representative of the Federal Ministry for Agriculture, Forestry, the Environment and Water Management is chaired by the representative of the Federal Ministry for Agriculture, Forestry, Environment and Water Management, and the representative of that country, which is chaired by the Federal Council, is chaired by the representative.

(6) In addition, a representative of the Austrian Chamber of Agriculture, the Federal Chamber of Workers and Employees, the Federal Environment Agency and the Agency for Health and Food Safety, as well as a representative of the Ökobüros, have each of the members of the Advisory Board of the Advisory Board. Environmental umbrella association, the ARGE genetic engineering-free and the seed industry belong. The representatives of the Federal Environment Agency and the Agency for Health and Food Safety, as well as the representatives of the Ökobüros, the Environmental Umbrella Association, the ARGE Gentechnik-frei and the seed industry do not have the right to vote in the Advisory Council. Further experts and advocacy groups can be consulted for the technical advice of individual specific topics.

(7) The more detailed provisions on the functioning of the Advisory Council shall be laid down in a Rules of Procedure. The proposal of the Rules of Procedure shall be submitted by the Chairman of the Advisory Board in agreement with the representative of the Federal Ministry of Health.

Measures for the prevention of genetic engineering

§ 3. (constitutional provision) (1) Land legislation must be provided for:

1.		the release of measures pursuant to Article 26b (3) and (4) of Directive 2001 /18/EC, in order to allow the cultivation of authorised genetically modified organisms in accordance with Directive 2001 /18/EC or Regulation (EC) No 1829/2003 on genetically modified Food and feed (OJ L 327, OJ L 206/1 of 18.10.2003), in accordance with the relevant legal acts of the European Union, to be signed throughout the territory of the country or in parts thereof, as well as at the level of communes or catastral communities;
2.		the prior consultation of the economic operators concerned, provided that local authorities intend to adopt measures in the sense of Z 1 in certain areas.

(2) The measures referred to in paragraph 1 may not be disproportionate or discriminatory or run counter to a risk assessment pursuant to Directive 2001 /18/EC or Regulation (EC) No 1829/2003; for example, they shall be subject to the following mandatory Reasons to be supported:

1.		environmental policy objectives,
2.		city and regional planning,
3.		land use,
4.		socio-economic implications,
5.		the prevention of the presence of genetically modified organisms in other products, without prejudice to Article 26a of Directive 2001 /18/EC;
6.		agricultural policy objectives,
7.		public order.

(3) Other specific reasons which may be mentioned are:

1.		the fact that co-existence measures on the basis of agricultural structures can only be implemented with disproportionate effort or entail disproportionate costs,
2.		the need to protect the diversity of agricultural production, or the need to ensure the purity of the seed.

(4) The Advisory Board shall be reported on the enforcement of paragraph 1.

(5) If the reasons referred to in paragraph 2 or paragraph 3 apply for the entire Federal territory, the Federal Minister for Agriculture, Forestry, Environment and Water Management shall prohibit the cultivation after the approval of the Advisory Board pursuant to § 2 of the Regulation. In accordance with Article 26b (3) of Directive 2001 /18/EC, it may also include a group of GMOs defined by crop plants or characteristics.

(6) Where the cultivation of a group of GMOs defined by crop plants or characteristics is prohibited under paragraph 5 of this Regulation, the justifications may also apply to any further GMO variety authorised in the EU, or to this property shall be used.

(7) In the event of the adoption of a regulation pursuant to paragraph 5, the latter shall enter into force in full in the place where the cultivation is prohibited in accordance with paragraph 1 of this Article, which shall be enforced in accordance with the provisions of the national law.

Enforcement clause

§ 4. The enforcement of § § 1 and 2 is the responsibility of the Federal Minister for Agriculture, Forestry, Environment and Water Management in respect of § 3 of the Federal Government.

Article 2

Amendment of the Plant Variety Protection Act

The Plant Variety Protection Act 2001, BGBl. I n ° 109/2001, as last amended by BGBl. I No 189/2013, shall be amended as follows:

In § 21 (2), at the end of the Z 8. the point shall be replaced by a dash, and the following Z 9 shall be added:

" 9.		a list of varieties authorised in the EU containing genetically modified organisms which are not authorised or not authorised for cultivation in Austria. "

Fischer

Faymann