From the very beginning, the EU authorisation process for genetically modified organisms (GMOs) has been running anything but smoothly. To solve one of the issues, EU law has recently introduced an opt-out-possibility regarding the authorisation for the cultivation of GMOs. Member states pursing a rather restrictive approach towards GMOs, such as Austria, have welcomed this change in law. However, several underlying issues regarding GMO authorisation are still of concern. In taking a problem-based approach, this article aims to demonstrate the potential of the opt-out to restore the functioning of GMO authorisation at EU level. Thus, the article looks at the opt-out as provided for in EU law and its implementation at Member State level; Austria is serving as an example for this exercise, given its active role in pushing for this change in law and its objective to make use of the opt-out as far as possible. The insights gained allow drawing conclusions on what issues in relation to GMOs at EU level are still to be resolved.