BASF Plant Science takes Amflora case to EU Court

BASF Plant Science today filed an action with the European Court of First Instance in Luxembourg against the EU Commission for failure to act. According to the company, the approval process of the cultivation of Amflora, its genetically improved potato, has been unjustifiably delayed by the EU Commission on several occasions. In particular, this includes the period between July 2007 and May 2008 during which Commissioner Stavros Dimas did not adopt the approval for the cultivation of Amflora following the completion of all other procedural steps.

“EU Commissioners have postponed Amflora’s approval despite repeated positive safety assessments by EFSA, the European Food Safety Authority. Although we welcome some positive signs by the Commission and President Barroso, such as their commitment to base decisions regarding genetically modified products purely on science, we are not prepared to accept any further delays,” said Dr. Stefan Marcinowski, Member of the Board of Executive Directors of BASF SE.

“We are filing this case in order to ensure that European farmers and starch producers get access to an innovative product that offers them a potential added value of more than €100 million annually. In addition, we estimate that failure to approve Amflora is depriving BASF Plant Science of peak license income of €20 to 30 million per lost cultivation season,” said Dr. Hans Kast, CEO and President of BASF Plant Science GmbH.