L 230/34 Official Journal of the European Union 16.9.2003 I (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 2 September 2003 relating to national provisions on banning the use of genetically modified organisms in the region of Upper Austria notified by the Republic of Austria pursuant to Article 95(5) of the EC Treaty (notified under document number C(2003) 3117) (Only the German text is authentic) (Text with EEA relevance) (2003/653(EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, 6. The Commission shall, within six months of the notification as referred to in paragraphs (...) 5, approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction to trade between Member States and whether or not they shall constitute Whereas: an obstacle to the functioning of the internal market. Having regard to the Treaty establishing the European Community, and in particular Article 95(5) and (6) thereof, In the absence of a decision by the Commission within this period the national provisions referred to in para- L FACTS graphs (...) 5 shall be deemed to have been approved. (1)  In aletter dated 13 March 2003, the Austrian Permanent When justified by the complexity of the matter and in Representation to the European Union notified the the absence of danger for human health, the Commis- Commission, in accordance with Article 95(5) of the EC sion may notify the Member State concerned that the Treaty of a draft Upper Austrian Act on the prohibition period referred to in this paragraph may be extended for of genetic engineering 2002 banning the use of geneti- a further period of up to six months.’ cally modified organisms in the region of Upper Austria (hereinafter national provisions) in derogation of the provisions of Directive 2001/18/EC of the European Parliament and of the Council ('). 2. Relevant Community legislation 1. Article 95(5) and (6) of the EC Treaty 2.1. Directive 2001/18/EC on the deliberate release into the (2)  Article 95(5) and (6) of the Treaty provides: environment of genetically modified organisms ‘5. (...) If, after the adoption by the Council or by the Commission of a harmonisation measure, a Member (3)  The deliberate release of genetically modified organisms State deems it necessary to introduce national provisions (GMOs) into the environment is governed by Directive based on new scientific evidence relating to the protec- 2001/18/EC as of 17 October 2002, on which date tion of the environment or the working environment on Member States are required to have implemented the grounds of a problem specific to that Member State relevant national measures. This Directive is based on arising after the adoption of the harmonisation measure, Article 95 of the Treaty establishing the European it shall notify the Commission of the envisaged provi- Community and aims at approximating legislation and sions as well as the grounds for introducing them. procedures in Member States for the authorisation of GMOs intended for deliberate release into the environ- () OJ L 106, 17.4.2001, p. 1. ment.