Overview
(January 22, 2016, Brussels) — Steptoe’s work with the biotechnology industry (EuropaBio), grain traders (COCERAL) and feed manufacturers (FEFAC) has resulted in a resounding success before European Ombudsman Emily O’Reilly. Following a 16 month inquiry, the ombudsman decided[1] that European Commission delays in approval procedures for import and processing of genetically modified (GM) food and feed constituted “systemic” maladministration. This groundbreaking result is the first time the ombudsman has unequivocally endorsed a complaint by a coalition of European Industry Trade Associations.[2]
The ombudsman found the commission committed maladministration not only where its delays exceeded the legislative timeline for action but even where no timeline was specified[3]. In doing so, the ombudsman underlined the obligation of EU institutions under the EU Charter of Fundamental Rights to act within “a reasonable time.”[4]
“Steptoe welcomes the ombudsman’s tightly reasoned decision. It vindicates the industry’s repeated calls for the commission to ensure a predictable timeline for the approval of GM food and feed, in accordance with its obligations under EU law. Ms. O’Reilly’s critical remarks should be welcomed by any industry facing maladministration and the adverse commercial consequences it can cause,” said Darren Abrahams, the Steptoe partner leading the complaint team.
Steptoe’s Brussels office has a top tier EU regulatory and litigation practice focused on environment, chemical regulation, and life sciences; antitrust and competition; financial services, (re)insurance; and trade. Its environment and life sciences practice is the largest of its kind of any law firm in Brussels, with nine full-time professionals including lawyers, scientists and technical advisers. The group is consistently ranked in the top tier by legal directories such as Chambers Europe and The Legal 500 EMEA.
About Steptoe
Steptoe & Johnson LLP is an international law firm widely recognized for vigorous advocacy in complex litigation and arbitration, successful representation of clients before governmental agencies, and creative and practical advice in guiding business transactions. The firm has more than 500 lawyers and other professionals in offices in Beijing, Brussels, Century City, Chicago, London, Los Angeles, New York, Palo Alto, Phoenix and Washington. For more information, visit www.steptoe.com.
[1] Decision of the European Ombudsman closing the inquiry into complaint 1582/2014/PHP on the European Commission's handling of authorisation applications for genetically modified food and feed (15 January 2016).
[2] See “JOINT PRESS RELEASE, EuropaBio, COCERAL and FEFAC."
[3] The two key stages of maladministration were, the time taken by the Commission to (1) submit draft decisions for a vote to the Standing Committee on Plants, Animals, Food and Feed; and (2) make its own decisions after the Appeal Committee had failed to reach agreement.
