BETA

11 Amendments of Edouard FERRAND related to 2015/0093(COD)

Amendment 7 #
Proposal for a regulation
Recital 5
(5) Once a GMO or a GM food and feed is authorised in accordance with Directive 2001/18/EC or Regulation (EC) No 1829/2003, the Member States may not prohibit, restrict or impede the free circulation of that product within their territory, except in accordance with strict conditions which are laid down by Union law –and require to provide evidence of a severe risk to health or to the environment. Some Member States have had recourse to the safeguard clauses and the emergency measures provided for respectively in Articles 23 of Directive 2001/18/EC and Article 34 of Regulation (EC) No 1829/2003. Other Member States have made use of the notification procedure provided for in Article 114(5) and (6) of TFUE which also is required to be based on new scientific evidence relating to the protection of the environment or the working environment. Other Member States have adopted unilateral prohibitions. Some of these measures have been challenged before national jurisdictions or the Court of Justice.
2015/07/22
Committee: AGRI
Amendment 10 #
Proposal for a regulation
Recital 7
(7) The reasons for the amendments made to Directive 2001/18/EC, by Directive (EU) 2015/412 as regards GMOs for cultivation are also relevant for other GMOs and GM food and feed covered by Regulation (EC) No 1829/2003. Indeed, the results of the vote on the implementing decision for the authorisation of products covered by Regulation (EC) No 1829/2003 which are not intended for cultivation in the relevant committee, or in the Council, is always “no opinion” (no qualified majority either in favour of or against the authorisation) and there are also Member States in which the use of these products is prohibited. Taking those matters into account, it is appropriate to amend Regulation (EC) No 1829/2003 in order to provide the possibility for the Member States to restrict or prohibit the use of GMOs and GM food and feed in all or part of their territory, on the basis of compelling grounds compatible with Union law - not related to risks to human and animal health and to the environment, as those are already assessed at Union level, pursuant to Regulation (EC) No 1829/2003. This possibility should not apply to GMOs for cultivation which are already covered by the amendments made to Directive 2001/18/EC, by Directive (EU) 2015/412the national law of the Member State concerned.
2015/07/22
Committee: AGRI
Amendment 14 #
Proposal for a regulation
Recital 9
(9) The restrictions or prohibitions adopted pursuant to this Regulation should refer to the use and not to the free circulation and imports of genetically modified food and feed.deleted
2015/07/22
Committee: AGRI
Amendment 16 #
Proposal for a regulation
Recital 10
(10) The level of protection of human and animal health and of the environment achieved through the authorisation procedure provided for by Regulation (EC) No 1829/2003 requires a uniform scientific assessment throughout the Union and this Regulation should not alter that situation. Therefore to avoid any interference with the competences which are granted to the risk assessors and risk managers under Regulation (EC) No 1829/2003, Member States should not be authorised to use grounds which are related to risks to health and to the environment which should be dealt with in accordance with the procedure already established in Regulation (EC) No 1829/2003, and in particular its Articles 10, 22 and 34.deleted
2015/07/22
Committee: AGRI
Amendment 20 #
Proposal for a regulation
Recital 12
(12) In the case where a product was lawfully used before a Member State adopts measures pursuant to this Regulation, sufficient time should be given to operators to allow the phasing out of the product from the market.deleted
2015/07/22
Committee: AGRI
Amendment 23 #
Proposal for a regulation
Recital 13
(13) Measures adopted pursuant to this Regulation, which restrict or prohibit the use of GMOs or GM food and feed should not affect the use in other Member States of these products as well as of products derived from their consumption. In addition, tThis Regulation and the national measures adopted pursuant to it should be without prejudice to Union law requirements concerning unintended and adventitious presence of GM material in other products and should not affect the placing on the market and use of products complying with these requirements.
2015/07/22
Committee: AGRI
Amendment 27 #
Proposal for a regulation
Article 1 – paragraph 1
1. Member States may adopt measures restricting or prohibiting the use of products referred to in Article 3(1) and 15(1) authorised pursuant to this Regulation provided that such measures are:.
2015/07/22
Committee: AGRI
Amendment 28 #
Proposal for a regulation
Article 1 – paragraph 1
Regulation (EC) 1829/2003
Article 34 a – paragraph 1 – point a
(a) reasoned and based on compelling grounds in accordance with Union law which shall, in no case, conflict with the risk assessment carried out pursuant this Regulation;deleted
2015/07/22
Committee: AGRI
Amendment 29 #
Proposal for a regulation
Article 1 – paragraph 1
Regulation (EC) 1829/2003
Article 34 a – paragraph 1– point b
(b) proportional and non-discriminatory.deleted
2015/07/22
Committee: AGRI
Amendment 30 #
Proposal for a regulation
Article 1 – paragraph 1
Regulation (EC) 1829/2003
Article 34 a –paragraph 2
2. Where a Member State intends to adopt measures as provided for in paragraph 1, it shall first submit to the Commission a draft of those measures, and the corresponding justification. The Commission shall immediately notify to the other Member States the draft measures and the corresponding justification. The Member State may submit the draft measures and such information before the authorisation procedure provided for in Articles 7 and 19 has been completed. During a period of 3 months from the date of submission to the Commission of the draft measures and information in accordance with the first subparagraph: (a) the Member State shall refrain from adopting and implementing those measures; (b) the Commission and the Member States may make any comments they consider appropriate to the Member State which has submitted the draft measures.deleted
2015/07/22
Committee: AGRI
Amendment 31 #
Proposal for a regulation
Article 1 – paragraph 1
Regulation (EC) 1829/2003
Article 34 a – paragraph 3
3. Measures adopted in accordance with paragraph 1 of this Article shall provide for a reasonable period of time during which existing stocks of the products referred to in Article 3(1) and 15(1) concerned by such measures, which could legally be used before the date of adoption of the measures, may be used up.deleted
2015/07/22
Committee: AGRI