The European Commission recently brought two actions against Poland regarding GMO legislation to the European Court of Justice.

In the view of the European Commission, some provisions of Polish law prohibiting the production, placing on the market and use of genetically modified feed, which will be effective from 1 January 2013, are contrary to EU law.

Regulation (EC) No. 1829/2003 on genetically modified food and feed establishes a single authorisation procedure carried out by the European Food Safety Authority (EFSA). According to the European Commission, Member States may not adopt a general prohibition on bringing genetically modified feed to market.

The second action against Poland concerns the incorrect implementation of Directive 2009/41/EC, which concerns activities related to genetically modified micro-organisms.

The Commission argues that the improper implementation of this Directive may put humans and the environment at risk. Moreover, the Commission has some doubts regarding the current preparatory draft of the Polish law on this matter.