Activities of Françoise GROSSETÊTE related to 2010/0208(COD)
Plenary speeches (1)
Possibility for Member States to restrict or prohibit the cultivation of GMOs in their territory (debate)
Amendments (22)
Amendment 18 #
Proposal for a regulation - amending act
Recital 2
Recital 2
(2) Under this set of legislation, GMOs for cultivation shall undergo an individual risk assessment before being authorised to be placed on the Union market. In accordance with the conclusions of the Environment Council of 4 December 2008, this risk assessment should be enhanced, particularly by taking better account of regional and local circumstances in the context of the assessment by the European Food Safety Authority. The aim of this authorisation procedure is to ensure a high level of protection of human life and health, animal health and welfare, the environment and consumer interests, whilst ensuring the effective functioning of the internal market. The same high level of protection of health and the environment should be sought and maintained throughout the territory of the Union.
Amendment 25 #
Proposal for a regulation - amending act
Recital 5
Recital 5
(5) Experience has shown that cultivation of GMOs is an issue which is more thoroughly addressed by Member States, either at central or at regional and local level. Contrary to iIssues related to the placing on the market and the import of GMOs, which should remain regulated at EUnion level to preserve the internal market, c. Cultivation has been acknowledged as an issue with a strong local/regional dimension. In accordance with Article 2(2) TFEUmight require more flexibility in certain instances as it is an issue with a strong local/regional dimension. However, the common authorisation procedure should not be adversely affected by such flexibility. In accordance with Article 2(2) of the Treaty on the Functioning of the European Union, Member States should therefore be entitled to have a possibility to adopt rules concerning the effective cultivation of GMOs in their territory after the GMO has been legally authorised to be placed on the EUnion market, provided that those rules do not adversely affect the free movement and marketing of GMO products and seeds.
Amendment 33 #
Proposal for a regulation - amending act
Recital 6
Recital 6
(6) In this context, it appears appropriate to grant to Member States, in accordance with the principle of subsidiarity, more freedom to decide whether or not they wish to cultivate GMO crops on their territory without changing the system of Union authorisations of GMOs and independently of the measures that Member States are entitled to take by application of Article 26a of Directive 2001/18/EC to avoid the unintended presence of GMOs in other products. This freedom granted to Member States should not result in any distortion of competition between farmers in the various Member States.
Amendment 34 #
Proposal for a regulation - amending act
Recital 7
Recital 7
(7) Member States should therefore be authorised to adopt measures restricting or prohibiting the cultivation of all or particular GMOGMOs on a case-by-case basis in all or part of their territory, and respectively amend those measures as they deem appropriate, at all stages of the authorisation, re-authorisation or withdrawal from the market of the concerned GMOs. Thi, provided that those measures are adopted and made publicly available to all operators concerned, including growers, at least twelve months before the beginning of the growing season. These measures should not imperil the objective of harmonising the legislation of Member States as provided for in Directive 2001/18/EC and Regulation (EC) No 1829/2003. The possibility of adopting these measures should apply as well to genetically modified varieties of seed and plant propagating material which are placed on the market in accordance with relevant legislation on the marketing of seeds and plant propagating material and, in particular, in accordance with Directives 2002/53/EC and 2002/55/EC. Measures should refer to the cultivation of GMOs only and not to the free circulation and import of genetically modified seeds and plant propagating material, as or in products, and of the products of their harvest. Similarly they should not affect the cultivation of non -genetically modified varieties of seed and plant propagating material in which adventitious or technically unavoidable traces of EU authorised GMOs are found.
Amendment 40 #
Proposal for a regulation - amending act
Recital 8
Recital 8
(8) According to the legal framework for the authorisation of GMOs, the level of protection of human/animal health and of the environment chosen in the EUnion cannot be revised by a Member State and this situation mustshould not be altered. However, Member States may adopt measures restricting or prohibiting the cultivation of all or particular GMOGMOs on a case-by-case basis in all or part of their territory on the basis of scientifically substantiated grounds relating to the public interest other thandifferent from those already addrssessed byin accordance with the harmonised set of EUUnion rules which already provide for procedures to take into account the risks that a GMO for cultivation may pose on health and the environment. A prior impact assessment should be performed to demonstrate the necessity and proportionality of these measures. These grounds must depend on factors associated with the management of risks or with other national policies. Those measures should furthermore be in conformity with the Treaties, in particular as regards the principle of non discrimination between national and non national products and Articles 34 and 36 of the Treaty on the Functioning of the European Union, as well as with the relevant international obligations of the Union, notably in the context of the World Trade Organisation. These measures should also respect the principle of proportionality and the freedom of choice of farmers and consumers. In order to attain the latter objective, the period for which the measures adopted by Member States are to remain in force should be limited to three years, and they should be renewable only on condition that a new impact assessment is performed showing that they are necessary and proportionate. The Commission should assess the need for the establishment of thresholds for labelling GMO traces in conventional seeds at the lowest practicable, proportionate and functional levels for all economic operators.
Amendment 48 #
Council position
Recital 2 a (new)
Recital 2 a (new)
(2a) The Commission and the Member States should monitor the application of the Council conclusions of 4 December 2008 on the implementation of the legal requirements set out in Annex II to Directive 2001/18/EC. To that end, the Commission should submit to the European Parliament and the Council, no later than the entry into force of this directive, a legislative proposal seeking to ensure that that annex complies with the new European Food Safety Authority guidelines on the risk assessment of GMOs.
Amendment 60 #
Council position
Recital 5
Recital 5
(5) Experience has shown that cultivation of GMOs is an issue which is more thoroughly addressed at Member State level. It is, however, essential that issues related to the placing on the market and the import of GMOs should remain regulated at Union level to preserve the internal market. Cultivation may however require more flexibility in certain instances as it is an issue with strong national, regional and local dimensions, given its link to land use, to local agricultural structures and to the protection or maintenance of habitats, ecosystems and landscapes. TSuch flexibility should not adversely affect the common authorisation procedure, in particular the evaluation process, and should not be adversely affected by such flexibilitycall into question the vital role played by the European Food Safety Authority (EFSA) in that procedure.
Amendment 64 #
Proposal for a regulation - amending act
Article 1 – point 1
Article 1 – point 1
Directive 2001/18/EC
Article 26 b – paragraph 1 – introductory part
Article 26 b – paragraph 1 – introductory part
Member States may adopt measures restricting or prohibiting the cultivation of all or particular GMOs authorised in accordance with Part C of this Directive or Regulation (EC) No 1829/2003, and consisting of genetically modified varieties placed on the market in accordance with relevant EU legislation on the marketing of seed and plant propagating material, on a case-by-case basis, in all or part of their territory, provided that:
Amendment 83 #
Proposal for a regulation - amending act
Article 1 – point 1
Article 1 – point 1
Directive 2001/18/EC
Article 26 b – paragraph 1 – point a
Article 26 b – paragraph 1 – point a
(a) those measures are scientifically based on grounds other than those related to the assessmentscientific assessment conducted under Part C of Directive 2001/18/EC of the adverse effect on health and environment which might arise from the deliberate release or the placing on the market of GMOs. These measures shall be justified on the following grounds relating to national and/or regional policy: (i) protecting crop diversity; (ii) the impossibility of establishing coexistence measures on account of specific geographical conditions (for example very small islands, mountain regions and/or areas of high nature value, or where the national territory is small); (iii) the absence of data on the potential negative impacts of the release of GMOs on the territory or biodiversity of a region;
Amendment 87 #
Proposal for a regulation - amending act
Article 1 – point 1
Article 1 – point 1
Directive 2001/18/EC
Article 26 b – paragraph 1 – point a a (new)
Article 26 b – paragraph 1 – point a a (new)
(aa) those measures ensure that the freedom of choice of farmers and consumers is duly respected;
Amendment 88 #
Proposal for a regulation – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2001/18/EC
Article 26 b – paragraph 1 – point a b (new)
Article 26 b – paragraph 1 – point a b (new)
(ab) those measures do not entail any distortion of competition between farmers in different Member States;
Amendment 94 #
Proposal for a regulation - amending act
Article 1 – point 1
Article 1 – point 1
Directive 2001/18/EC
Article 26 b – paragraph 1 – point a a (new)
Article 26 b – paragraph 1 – point a a (new)
(aa) those measures are adopted and made publicly available to all operators concerned, including growers, at least twelve months prior to the start of the growing season;
Amendment 99 #
Proposal for a regulation - amending act
Article 1 – point 1
Article 1 – point 1
Directive 2001/18/EC
Article 26 b – paragraph 1 – point a c (new)
Article 26 b – paragraph 1 – point a c (new)
(ac) those measures have been the subject of a prior impact assessment showing them to be necessary and proportionate;
Amendment 104 #
Proposal for a regulation - amending act
Article 1 – point 1
Article 1 – point 1
Directive 2001/18/EC
Article 26 b – paragraph 1 – point ad (new)
Article 26 b – paragraph 1 – point ad (new)
(ad) those measures are adopted for a maximum of three years, and may where appropriate be renewed following the conclusion of a new impact assessment showing that they are necessary and proportionate;
Amendment 107 #
Proposal for a regulation - amending act
Article 1 – point 1
Article 1 – point 1
Directive 2001/18/EC
Article 26 b – paragraph 1 – point b
Article 26 b – paragraph 1 – point b
(b) that they are in conformity with the Treaties and the Union's international obligations.
Amendment 109 #
Proposal for a regulation - amending act
Article 1 – point 1
Article 1 – point 1
Directive 2001/18/EC
Article 26 b – paragraph 2
Article 26 b – paragraph 2
Amendment 164 #
Council position
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2001/18/EC
Article 26a– paragraph 1
Article 26a– paragraph 1
Amendment 173 #
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 request, via the Commission, the notifier/applicant to adjust 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, without any particular reasons needing to be given and on the understanding that the notifier/applicant may himself specify from the outset whether his notification/application relates to the whole territory of the Union or merely to all or part of the territory of a Member State. Thise request from the Member State shall be communicated to the Commission 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 1829/2003. The Commission shall communicate the request of the Member State to the notifier/applicant andwithout delay as well as to the other Member States without delay.
Amendment 205 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 3 – subparagraph 1 – point a
Article 26 b – paragraph 3 – subparagraph 1 – point a
(a) environmental policy objectives clearly distinct from the elements already assessed according to this Directive and Regulation (EC) No 1829/2003 by the European Food Safety Authority;
Amendment 239 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 3 – subparagraph 2
Article 26 b – paragraph 3 – subparagraph 2
Those grounds may be invoked individually or in combination, with the exception of the ground set out in point (g) which cannot never be used individually, depending on the particular circumstances of the Member State, region or area in which those measures will apply, but shall, in no case, conflict with the environmental risk assessment carried out pursuant to this Directive or to Regulation (EC) No 1829/2003.
Amendment 283 #
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 in which a GMO may be cultivated on the basis of an authorisation issued in accordance with Article 26b shall establish a general mandatory system of financial liability and financial guarantees which applies to all operators and which ensures that the polluter pays for unintended effects or damage that might occur as a result of the deliberate release or the placing on the market of GMOs.’
Amendment 308 #
Council position
Article 2
Article 2
No later than 4 years after…+, the Commission shall present a report to the European Parliament and to the Council regarding the use made by Member States of this Directive including the effectiveness of the provisions enabling Member States to restrict or prohibit the cultivation of GMOs in all or part of their territory and the smooth functioning of the internal market. That report may be accompanied by any legislative proposals the Commission considers appropriate. The Commission shall also report on the progress towards giving normative status to the strengthened 2010 Authority guidance on the environmental risk assessment of genetically modified plantNo later than one year after ...+, the Commission shall submit to the European Parliament and to the Council a legislative proposal which seeks to bring Annex II to Directive 2001/18/EC into line with the new guidance issued by the European Food Safety Authority on the risk assessment of GMOs. __________________ + OJ: please insert the date of the entry into force of this Directive.