Although Amflora is not proposed for food use, potato pulp is commonly used as an animal feed, so the decision could have implications for the food chain. Moreover, its inching through the regulatory process - albeit by a circuitous route - is a strong indication of powerful forces that are in favour of the EU embracing GM crops.
The decision on approval of Amflora was transferred to the Council of Ministers in December, after the EC's regulatory committee also failed to reach a qualified majority. On reviewing the science, the European Food Safety Authority (EFSA) has judged that Amflora is, for humans, animals and the environment, unlikely to pose a threat o human health.
Certain countries, such as Austria, Italy and Ireland, are reported to have voted against giving Amflora the green light yesterday, whereas France and Bulgaria abstained.
Environmental groups such as Friends of the Earth have welcomed the lack of majority. GM campaigner Helen Holder said: "Too few EU member states support growing genetically modified crops, and now yet another has been refused authorization…. Now the decision is in the hands of the European Commission and we urge it to reject it too."
Friends of the Earth claims that EFSA's evaluation of the science failed on several fronts, including the potential risks of an antibiotic resistance marker gene, the risk assessment process, effects on health, and food contamination risks.
However it seems possible that the lack of consensus amongst ministers will prove an own-goal for countries opposing GM would hope for, since the Commission has supported BASF's application with its Draft Commission Decision based on EFSA's report.
If approval does come to pass, Amflora will be the first genetically enhanced product to be approved for cultivation in Europe since 1998. A small number of GM products have been allowed however, as a result of a default process that applies after a period of non-agreement.
The Commission has said that a decision on approval will be made in the "coming months". BASF has said it expects to start cultivating Amflora in cooperation with the starch industry and contract farmers in 2008.
Last month trade commissioner Peter Mandelson delivered a strong exhortation to the EU to take a lead in shaping global rules on GM trade - particularly in defending objective science as a benchmark - or suffer the economic consequences.
He called biotechnology "the coal face of applied science in the 21st century" and said that if the EU does not work through the issues raised by GM food, just as the rest of the global market is doing, it will not be working it its own best interests.
And if the EU falls behind in approving safe biotechnology, it would open itself up to economic risks.
BASF plant science president and CEO Dr Hans Kast said last month: "We call upon Europe's politicians to show their true commitment to innovation and speed up the approval of new technologies and their resulting products."
He called Amflora "a perfect example of an innovative product, which benefits the entire value chain from farmers to producers."
EuropaBio has spoken out in favour of Amflora, saying it would strengthen the competitiveness of the potato starch industry. The European Association for BioIndustries has said that the innovation was only made possible through genetic modification.