26 Amendments of Eleonora EVI related to 2010/0208(COD)
Amendment 34 #
Council position
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) and Article 114 thereof,
Amendment 88 #
Council position
Recital 8
Recital 8
(8) During the authorisation procedure of a given GMO, the possibility should be provided for a Member State to request the Commission to present to the notifier/applicant its demanda Member State may notify the Commission of its intention not to allow the cultivation of the given GMO in all or part of its territory. In this case the notifier/applicant has the possibility to request the Commission or the authorizing body to adjust the geographical scope of its notification/application submitted in accordance with Part C of Directive 2001/18/EC or in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003 to the effect that all or part of the territory of that Member State be excluded from cultivation. The Commission should facilitate the procedure by presenting the request of accordingly. The Commission should inform the concerned Member State and the other Member State to the notifier/applicant without delay and the notifier/applicant should respond to that request within an established time-limits about the request of the notifier/applicant without delay.
Amendment 90 #
Council position
Recital 8
Recital 8
(8) During the authorisation procedure of a given GMO, the possibility should be provided for a Member State to request the Commission to present to the notifier/applicant its demand to adjust the geographical scope of its notification/application submitted in accordance with Part C of Directive 2001/18/EC or in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003 to the effect that all or part of the territory of that Member State be excluded from cultivation. The Commission should facilitate the procedure by presenting the request of the Member State to the notifier/applicant without delaya Member State may notify the Commission its intention not to allow the cultivation of the given GMO in all or part of its territory. In this case the notifier/applicant has the possibility to request the Commission or the authorizing body to adjust accordingly the geographical scope of its notification/application submitted in accordance with Part C of Directive 2001/18/EC or in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003. The Commission should inform about the request of the notifier/applicant the concerned Member State and to the notifier/applicant should respond to that requher Member Statest within an established time-limitout delay.
Amendment 95 #
Council position
Recital 9
Recital 9
(9) The geographical scope of the notification/application should be adjusted accordingly if the notifier/applicant explicitly or tacitly agrees with the Member StateCommission or the authorizing body does not reject the notifier/applicant's request within an established time-limit from theits communication by. If the Commission ofr that request. If the notifier/applicant opposes the request, the notifier/applicane authorizing body rejects the request, it should notify the Commits decission and the Member States. However, a refusal by the notifier/applicant to adjust the geographical scope of the notification/application is without prejudice to tto the notifier/applicant, the concerned Member State as well as the others Member States. The Commission' retains its powers in accordance with Article 19 of Directive 2001/18/EC or Articles 7 and 19 of Regulation (EC) No 1829/2003, as the case may be, to make such an adjustment, where appropriate, in the light of the environmental risk assessment carried out by the European Food Safety Authority ('the Authority').
Amendment 103 #
Council position
Recital 10
Recital 10
(10) In addition, and only wWhere the notifier/applicant has refused to adjust the geographical scope of the notifchooses not to exploit the possibility to request the restrication/application of a GMO as requested by a of the geographical scope of a given GMO, the concerned Member State, there should be the possibility for that Member State to adoptsend to the Commission the reasoned measures restricting or prohibiting the cultivation of that GMO once authorised in all or part of its territory, on the basis of grounds dlistinct from those assessed according to the harmonized set of Union rules, that is Directive 2001/18/EC and Regulation (EC) No 1829/2003,ed in Article 26b paragraph 3 of this Directive which are in conformity with Union law. Those grounds may be related to environmental or agricultural policy objectives, or other compelling grounds such as town and country planning, land use, socio-economic impacts, co-existence and public policy. Those grounds may be invoked individually or in combination, depending on the particular circumstances of the Member State, region or area in which those measures will apply.
Amendment 122 #
Council position
Recital 12
Recital 12
(12) Member States should also be able to base the decisions which they adopt pursuant to Directive 2001/18/EC on grounds concerning socio-economic impacts which might arise from the cultivation of a GMO on the territory of the Member State concerned. While co- existence measures have been addressed by the Commission Recommendation of 13 July 20101 , there should also be the possibility for Member States to adopt measures restricting or prohibiting cultivation of authorised GMOs in all or part of their territory under this Directive. Those grounds may be related to the impracticability or the impossibility of implementing co-existence measures due to specific geographical conditions, the needThose grounds may be related to the need or willingness to avoid GMO presence in other products such as specific or particular products, the need to protect the diversity of agricultural production, or the need to ensure seed and plant propagating material purity. Furthermore, the Commission has, as requested in the Council Conclusions of 5 December 2008 on Genetically Modified Organisms, reported to the European Parliament and the Council on socio- economic implications of GMO cultivation. The outcome of that report may provide valuable information for Member States considering taking decisions on the basis of this Directive. __________________ 1 Commission 2010 on guidelines for the development of national co-existence measures to avoid the unintended presence of GMOs in conventional and organic crop (OJ C 200, 22.7.2010, p. 1).Recommendation of 13 July
Amendment 134 #
Council position
Recital 15
Recital 15
(15) Decisions to restrict or prohibit the cultivation of GMOs by Member States in all or part of their territory should not prevent biotechnology research from being carried out provided that, in carrying out such research, all necessary safety measures are observed and that the activity does not undermine the respect of the grounds upon which the ban has been introduced.
Amendment 140 #
Council position
Recital 16
Recital 16
(16) When new and objective circumstances justify an adjustment of the geographical scope of the consent/authodeemed approprisation of a GMOe, and in any case not earlier than two years, after the date when the consent/authorisation is granted, a Member State should be able to request, via the Commission, the consent/authorisation holder to adjust its geographical scope. If the consent/authorisation holder does not explicitly or tacitly agree, the Member State should be given the possibility to adopt reasoned measures restricting or prohibiting the cultivation of that GMO. The Member State concerned should communicate a draft of those measures to a GMO, a Member State should be able to adopt measures restricting or prohibiting the cultivation of that GMO on all or part of its territory. Such measures should be notified to the Commission at least 75 days prior to their adoption, in order to give the opportunity to the Commission to comment, ansend a non-binding comment. The Member State concerned should refrain from adopting and implementing those measures during that period. On the expiry of the established standstill period, the Member State should be able to adopt the measures as originally proposed or amended to take into account the Commission's commentsin the event it would be deemed appropriate by the Member State concerned to take into account the Commission's comments. In the event that the 75 days overlap in full or in part with the sowing season of the species to which the approved GMO belongs, the Member State should be authorized to implement the ban.
Amendment 149 #
Council position
Recital 21 a (new)
Recital 21 a (new)
(21a) The Commission, in accordance with Article 207 TFEU, will continue to ensure the defence of any complaint against measures adopted by a Member State in this area before WTO dispute settlement bodies.
Amendment 151 #
Council position
Recital 21 b (new)
Recital 21 b (new)
(21b) The provisions laid down in Articles 26b and 26c of Directive 2001/18/EC apply without prejudice to Article 23 of that Directive as well as Article 34 of Regulation (EC) No 1829/20031a. __________________ 1aRegulation (EC) No 1829/2003 of the European Parliament and of the European Council of 22 September 2003 on genetically modified food and feed (OJ L 268, 18.10.2003 p. 1.).
Amendment 152 #
Council position
Recital 21 b (new)
Recital 21 b (new)
The Commission, in accordance with Article 207 TFEU, will continue to ensure the defence of any complaint against measures adopted by a Member State in this area before WTO dispute settlement bodies.
Amendment 176 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 1
Article 26 b – paragraph 1
1. During the authorisation procedure of a given GMO or during the renewal of consent/authorisation, a Member State may, a Member State may notify to the Commission its intention not to allow the cultivation of the given GMO in all or part of its territory. In this case the notifier/applicant has the possibility to request, via the Commission, or the notifier/applicant to adjustauthorizing body to adjust accordingly the geographical scope of its notification/application submitted in accordance with Part C of this Directive or Regulation (EC) No 1829/2003, to the effect that all or part of the territory of that Member State is to be excluded from cultivation. This request shall be communicatedsent to the Commission or the authorizing body at the latest 30 days from the date of the circulation of the assessment report under Article 14(2) of this Directive, or from receiving the opinion of the Authority under Article 6(6) and Article 18(6) of Regulation (EC) No 1829/2003notifier/applicant receives the notification from the Commission about the decision of the Member State to restrict or ban the cultivation of that GMO. The Commission shall communicate the request of the Member State to the notifier/applicantnotifier/applicant to the interested Member State and to the other Member States without delay.
Amendment 188 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 2 – subparagraph 2
Article 26 b – paragraph 2 – subparagraph 2
The written consent issued under this Directive and, where applicable, the decision issued in accordance with Article 19 as well as the decision of authorisation adopted under Articles 7 and 19 of Regulation (EC) No 1829/2003, shall be issued on the basis of the adjusted geographical scope of the notification/application as explicitly or tacitly agreed by the notifier/applicantCommission or authorizing body.
Amendment 190 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18
Article 26b – paragraph 2
Article 26b – paragraph 2
Amendment 198 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 3 – subparagraph 1 – introductory part
Article 26 b – paragraph 3 – subparagraph 1 – introductory part
3. Where the notifier/applicant opposes the adjustment of the geographical scope of its notification/application corresponding to a request made by a Member State in accordance with paragraph 1 of this Article, thatA Member State may adopt measures restricting or prohibiting the cultivation of that GMO in all or part of its territory once authorised in accordance with Part C of this Directive or with Regulation (EC) No 1829/2003, provided that such measures are in conformity with Union law, reasoned, proportional and non- discriminatory and, in addition, are based on compelling grounds such as. National, regional or local bans for the cultivation of a given GMO can be adopted based on grounds such as, among others, those related to:
Amendment 254 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 4 – subparagraph 1 – point c
Article 26 b – paragraph 4 – subparagraph 1 – point c
(c) the Commission may make any non- binding comments it considers appropriate.
Amendment 255 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 4 – subparagraph 1 a (new)
Article 26 b – paragraph 4 – subparagraph 1 a (new)
If during this timeframe the authorization is being granted it has to be considered as temporarily suspended until the end of the 75-day period.
Amendment 257 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 4 – subparagraph 2
Article 26 b – paragraph 4 – subparagraph 2
On expiry of the 75-day period referred to in the first subparagraph, and no later than two years after the date that the consent/authorisation is granted, the Member State concerned may adopt the measures either in the form originally proposed, or as amended to take account of any not binding comments received from the Commission. Those measures shall be communicated to the Commission, the other Member States and the notifier/applicant without delay.
Amendment 268 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 5
Article 26 b – paragraph 5
5. Where, after the authorisation of a GMO under this Directive or Regulation (EC) No 1829/2003 and no earlier than two years after the date that the consent/authorisation is granted, a Member State considers thappropriate new objective circumstances justify an adjustment of the geographical scope of the consent/authorisation, it may applyot to allow the cultivation of the given GMO in all or part of its territory, the procedure under paragraphs 1 to 4, shall apply mutatis mutandis, provided that such measures do not. When the restrictive measures are adopted by a Member State within two years of the date of the consent/authorisation or should they affect the cultivation of any authorised GMO seeds and plant propagating materials which were planted lawfully before those measures were adopted, the concerned Member State shall provide to affected farmers a compensation consistent with the real economic damage they have suffered .
Amendment 278 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 7 – subparagraph 1 – introductory part
Article 26 b – paragraph 7 – subparagraph 1 – introductory part
7. For the purposes of an adjustment of the geographical scope of the consent/authorisation of a GMO under paragraphs 5 and 6, and on condition that under paragraph 5 the consent/authorisation-holderCommission or the authorizing body explicitly or tacitly agrees to the request of the Member Statenotifier/applicant:
Amendment 288 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b a (new)
Article 26 b a (new)
Article 26ba Liability requirements and financial guarantees Member States shall establish a general mandatory system of financial liability and financial guarantees in their national GMO laws, which applies to all operators and which ensures that the polluter pays for unintended effects or damage that might occur due to the deliberate release or the placing on the market of GMOs. The Commission shall establish a mandatory EU-level financial guarantee fund built up from contributions of all the companies introducing GMO products to the European market in order to cover supplementary unintended costs of cross- border contamination cases.
Amendment 292 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 c – paragraph 1
Article 26 c – paragraph 1
1. As from…...* until ...** a Member Statenotifier/applicant may request, via the Commission, a notifier/applicant or the authorizing body to adjust the geographical scope of a notification/application submitted, or of an authorisation granted, under this Directive or Regulation (EC) No 1829/2003 before…...*. The Commission shall communicate the request of the Member State to the notifier/applicantnotifier/applicant to the concerned Member State and to the other Member States without delay. __________________ *OJ: please insert the date of entry into force of the Directive in document st 10972/14. **OJ: please insert the date of entry into force of the Directive in document st 10972/14+ 6 months.".
Amendment 296 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 c – paragraph 2
Article 26 c – paragraph 2
2. Where the application is pending and the notifier/applicant has explicitly or tacitly agreed toCommission or the authorizing body has not opposed such a request within 30 days from the communication of that request, the geographical scope of the notification/application shall be adjusted accordingly. The written consent issued under this Directive and, where applicable, the decision issued in accordance with Article 19 as well as the decision of authorisation adopted under Articles 7 and 19 of Regulation (EC) No 1829/2003 shall be issued on the basis of the adjusted geographical scope of the notification/application as explicitly or tacitly agreed by the notifier/applicantCommission or the authorizing body.
Amendment 298 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 c – paragraph 3
Article 26 c – paragraph 3
3. Where the authorisation has already been granted and the authorisation holder hasCommission or the authorizing body explicitly or tacitly agreed to a request within 30 days from the communication of the request referred to in paragraph (1) of this Article, the authorisation shall be as agreed by the authorisation holderCommission or the granting authority. For a written consent under this Directive, the competent authority shall amend the geographical scope of the consent accordingly as explicitly or tacitly agreed by the authorisation holderCommission or the granting authority and shall inform the Commission, the Member States, and the authorisation holder once this is complete. For an authorisation under Regulation (EC) No 1829/2003, the Commission shall amend the decision of authorisation accordingly, without applying the procedure set out in Article 35(2) of that Regulation. The Commission shall inform the Member States and the authorisation holder accordingly.
Amendment 299 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 c – paragraph 4
Article 26 c – paragraph 4
Amendment 313 #
Council position
Article 3
Article 3
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Within 6 months of its date of entry into force, Members States shall transpose the content of this Directive by amending their national legislation implementing Directive 2001/18/EC.