European Ministers in charge for the environment took note at the Council meeting held in Brussels on 20 December of a report from the presidency on work concerning the proposals to allow member states to restrict the cultivation of genetically modified organisms (GMOs) in their territory. Although the Council is willing to continue discussions with the Commission on this issue, most delegations have expressed two conditions to do so.

Ministers meeting in Brussels have granted their support for the continuation of discussion over Commission's proposal to allow member states to restrict GMOs cultivation. However, a large majority of delegations considered that two conditions must be fulfilled before conversations may continue. First, the The Council expects the Commission to provide a list of possible grounds on which member states could base their decision to restrict GMO cultivation, and second, it insists on full implementation of the 2008 Council conclusions on GMOs.

The 2008 conclusions called for strengthening the environmental risk assessment in the GMO authorisation process. They also demanded a Commission report by June 2010 on the socio-economic benefits and risks of placing GMOs on the market, and invited the Commission to adopt labelling thresholds for the adventitious presence of authorised GMOs in conventional seeds.

Presented in July, the act would allow member states to restrict GMO cultivation in their territory on grounds other than health and environment considerations, which are already addressed during the EU authorisation process for GMOs. Such national measures would have to be in compliance with the EU Treaty, which means not distorting trade within the internal market, and comply with World Trade Organization (WTO) obligations. At the October Environment Council, ministers examined the draft document on national restrictions for GMO cultivation and many delegations were concerned about such compatibility.

The Commission and the other member states would have to be informed about restrictions one month prior to their adoption. The authorisation of GMO food, feed and seeds for sale within the EU would not be affected and remains a decision taken at EU level.