6 Amendments of Marc TARABELLA related to 2010/0208(COD)
Amendment 17 #
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, taking into account, in accordance with Annex II of Directive 2001/18/EC, the direct, indirect, immediate and delayed effects, as well as the cumulative long-term effects, on human health and the environment. 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.
Amendment 22 #
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 freedomlexibility 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 parallel with the measures that Member States are entitled tomust take by application of Article 26a of Directive 2001/18/EC, as amended by this Regulation, to avoid the unintended presence of GMOs in other products.
Amendment 31 #
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 GMOs 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. This choice on the part of the Member States is intimately linked to their power to manage and enhance their territory, with its immense variety of ecosystems whose natural production systems must be preserved for the long term. This 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 33 #
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 EU cannot be revised by a Member State and this situation must not be altered. However Member States may adopt measures restricting or prohibiting the cultivation of all or particular GMOs in all or part of their territory on the basis of grounds relating to the public interest other than those already addressed by the harmonised set of EU rules which already provide for procedures to take into account the risks that a GMO for cultivation may pose on health and the environment. Such measures may be justified on the basis of: - environmental grounds different and complementary to those which have been the subject of an evaluation pursuant to Directive 2001/18/EC, and providing scientific data clearly showing the importance of conserving the receiving environments; - grounds supporting the protection and development of agricultural practices which offer the best combination of production with ecosystem sustainability; - grounds relating to the appearance of resistance or invasive plants; - grounds suggesting that there are agricultural practices which present an alternative to GMO cultivation and yield more beneficial results in technical, economic and environmental terms. 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.
Amendment 38 #
Proposal for a regulation – amending act
Recital 9
Recital 9
(9) On the basis of the subsidiarity principle, the purpose of this Regulation is not to harmonize the conditions of cultivation in Member States but to grant freedom to Member States to invoke other grounds than scientific assessment of health and environmental risks to ban cultivation of GMOs on their territory. In addition one of the purposes of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations27 which is to allow the Commission to consider the adoption of binding acts at EU level would not be served by the systematic notification of Member States' measures under that Directiverestrict or ban cultivation of GMOs on their territory for reasons linked to legitimate environmental or other considerations, resulting from the authorisation or placing on the market of GMOs, which were not concerned by the harmonised procedure referred to in part C of Directive 2001/18/EC or which were not sufficiently taken into account. Moreover, since measures which Member States can adopt under this Regulation cannot have as a subject the placing of the market of GMOs and thus does not modify the conditions of placing on the market of GMOs authorised under the existing legislation, the notification procedure under Directive 98/34/EC does not appear the most appropriate information channel for the Commission. Therefore, by derogation, Directive 98/34/EC should not be applicable. A simpler notification system of the national measures prior to their adoption appears to be a more proportionate tool for the Commission to be aware of these measures. Measures which Member States intend to adopt should thus be communicated together with their reasons to the Commission and to the other Member States one month prior to their adoption for information purposes.
Amendment 52 #
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 based on grounds other thancomplementary to and/or different from those related to the assessment of the adverse effect on health and environment which might arise from the deliberate release or the placing on the market of GMOs; including: - additional environmental grounds which have not been subject to an evaluation pursuant to Directive 2001/18/EC; - grounds justifying the maintenance and development of agricultural practices which offer the best combination of production with ecosystem sustainability; - grounds relating to the appearance of resistance or invasive plants; - grounds relating to the existence of alternative practices to GMO cultivation and with better technical, economic and environmental performance.