Activities of Bart STAES related to 2010/0208(COD)
Plenary speeches (1)
Possibility for Member States to restrict or prohibit the cultivation of GMOs in their territory (debate)
Shadow reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council amending Directive 2001/18/EC as regards the possibility for the Member States to restrict or prohibit the cultivation of genetically modified organisms (GMOs) in their territory PDF (674 KB) DOC (411 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Directive 2001/18/EC as regards the possibility for the Member States to restrict or prohibit the cultivation of GMOs in their territory PDF (442 KB) DOC (502 KB)
Amendments (57)
Amendment 19 #
Proposal for a regulation - amending act
Recital 2 a (new)
Recital 2 a (new)
(2a) In line with the conclusions of the Environmental Council of 4 December 2008, the Commission should, as a priority, ensure the proper implementation of the provisions of Directive 2001/18/EC, particularly the requirements of Annex II on the environmental risk assessment. Until the risk assessment provisions are properly implemented, no new GMO variety should be authorised.
Amendment 26 #
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 issues related to the placing on the market and the import of GMOs, which should remain regulated at EU level to preserve the internal market, cultivation has been acknowledged as an issue with a strong local/regional dimension. Moreover, the harmonised environmental and health risks assessment might not address all possible impacts of GMO cultivation in different regions and ecosystems. In accordance with Article 2(2) TFEU 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 EU market.
Amendment 31 #
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 entitlrequired to take by application of Article 26a of Directive 2001/18/EC to avoid the unintended presence of GMOs in other products.
Amendment 36 #
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. ThiCultivation is in fact closely linked to land use and the conservation of fauna and flora, areas in which the Member States retain significant powers. National territories are characterised by an ample diversity of ecosystems. Any impacts on these ecosystems, in particular by possible changes of agricultural practices, may also have health implications. 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 37 #
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. The grounds given by the Member States may include consideration of environmental or health impacts complementary to those already covered by the risk assessment provided for in Part C of Directive 2001/18/EC, and may thus, at least partially, include the consideration of scientific data relating to the central, local or regional environmental impact on receiving environments or relate to the persistence of scientific uncertainty regarding environmental or health impacts examined during the risk assessment process, or the absence or lack of sufficient data on potential negative impacts. Those grounds may also depend on factors that are not directly connected with the risk assessment, but are linked to risk management or other national policies. The grounds given by the Member States may also include, inter alia, the risk of resistance development in weeds or in the target organisms, the invasive potential of the plant, the prevention of negative environmental or health impacts of unsustainable farming practices or to the protection and maintenance of agricultural practices that preserve the sustainability of ecosystems. They may also, inter alia, include socio- economic considerations such as the practicality and cost of the measures laid down in Article 26a of Directive 2001/18/EC for avoiding the unintended presence of GMOs in other products, fragmentation of the territory, changes in agricultural practices linked to intellectual property regimes, or social policy objectives such as the conservation of diversity or distinctive agricultural practices. 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 40 #
Council position
Recital 2
Recital 2
(2) Under that legal framework, GMOs for cultivation are to undergo an individual risk assessment before being authorised to be placed on the Union market in accordance with Annex II to Directive 2001/18/EC taking into account the direct, indirect, immediate and delayed effects, as well as the cumulative long-term effects, on human health and the environment. This risk assessment provides scientific advice to inform the decision making process and is followed by a risk management decision that also takes into account other legitimate factors relevant to the matter. The aim of that 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. A uniform high level of protection of health and the environment should be achieved and maintained throughout the territory of the Union.
Amendment 41 #
Council position
Recital 2 a (new)
Recital 2 a (new)
(2a) The Commission and Member States should ensure, as a priority, the implementation of the Environment Council Conclusions adopted on 4 December 2008, namely a proper implementation of the legal requirements laid down in Annex II to Directive 2001/18/EC for the risk assessment of GMOs. In particular, the long-term environmental effects of genetically modified crops as well as their potential effects on non-target organisms should be rigorously assessed; the characteristics of the receiving environments and the geographical areas in which genetically modified crops may be cultivated should be duly taken into account; and the potential environmental consequences brought about by changes in the use of herbicides linked to herbicide-tolerant genetically modified crops should be assessed. More specifically, the Commission should ensure that the draft implementing Regulation on environmental risk assessment of GMOs is presented in due time. This implementing Regulation should not be based on the principle of substantial equivalence or on the concept of a comparative safety assessment, and should ensure that the current practices are improved, e.g. by clearly identifying direct and indirect long-term effects, as well as scientific uncertainties.
Amendment 46 #
Council position
Recital 2 b (new)
Recital 2 b (new)
(2b) There is a need for the precautionary principle to be taken into account in the framework of this Directive and when implementing this Directive.
Amendment 50 #
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 thancomplementary to, or differing from, the scientific assessment of health and environmental risks to ban cultivation of GMOs on their territory or which have not been addressed properly in the risk assessment. 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 regulations 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 Directive. 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 #
Council position
Recital 2 c (new)
Recital 2 c (new)
Amendment 55 #
Proposal for a regulation – amending act
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2001/18/EC
Article 22
Article 22
Directive 2001/18/EC shall be amended as follows: (-1) Article 22 shall be replaced by the following: ‘Article 22 Free circulation Without prejudice to Article 23 or Article 26b, Member States may not prohibit, restrict or impede the placing on the market of GMOs, as or in products, which comply with the requirements of this Directive.’
Amendment 56 #
Proposal for a regulation – amending act
Article 1 – point -1 a (new)
Article 1 – point -1 a (new)
Directive 2001/18/EC
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
Directive 2001/18/EC shall be amended as follows: (-1a) In Article 25, the following paragraph shall be inserted: ‘4a. Without undue prejudice to the protection of intellectual property rights, the access to material necessary for independent research on potential risks of GMOs, such as seed material, shall not be restricted or impeded.’
Amendment 57 #
Proposal for a regulation – amending act
Article 1 – point -1 b (new)
Article 1 – point -1 b (new)
Directive 2001/18/EC
Article 26 a – paragraph 1
Article 26 a – paragraph 1
Directive 2001/18/EC shall be amended as follows: (-1b) Article 26a(1) shall be replaced by the following: ‘1. Member States shall take all appropriate measures to avoid the unintended presence of GMOs in other products on their territory and on the territory of other Member States.’
Amendment 63 #
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, as different scientific interpretations and political valuations of risks exist. 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. The common authorisation procedure, in particular the evaluation process, should not be adversely affected by such flexibility.
Amendment 67 #
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 – introductory part
Article 26 b – paragraph 1 – point a – introductory part
(a) those measures are based on grounds other than 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;
Amendment 67 #
Council position
Recital 6
Recital 6
(6) In order to restrict or prohibit the cultivation of GMOs, some Member States had recourse to the safeguard clauses and emergency measures pursuant to Article 23 of Directive 2001/18/EC and Article 34 of Regulation (EC) No 1829/2003 as a result of, depending on the cases, new or additional information made available since the date of the consent and affecting the environmental risk assessment, or of the reassessment of existing information. Other Member States have made use of the notification procedure set out in Article 114(5) and (6) of the Treaty on the Functioning of the European Union (TFEU) which requires putting forward new scientific evidence relating to the protection of the environment or the working environment. In addition, the decision-making process has proved to be particularly difficult as regards the cultivation of GMOs in the light of the expression of national concerns which do not only relate to issues associated with the safety of GMOs for health or the environment.
Amendment 68 #
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 – point i (new)
Article 26 b – paragraph 1 – point a – point i (new)
(i) grounds relating to environmental or health impacts which might arise from the deliberate release or the placing on the market of GMOs, and which are complementary to the environmental or health impacts examined during the risk assessment process conducted under Part C of this Directive or have not been sufficiently dealt with as part of this assessment; or
Amendment 69 #
Proposal for a regulation - amending act
Article 1 – point 1
Article 1 – point 1
(ii) the persistence of scientific uncertainty regarding environmental and health impacts examined during the risk assessment process conducted under Part C of this Directive; or
Amendment 70 #
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 – point iii (new)
Article 26 b paragraph 1 – point a – point iii (new)
(iii) the absence or lack of data on the potential negative impacts of the release of GMOs on the territory, biodiversity or population of the Member State; or
Amendment 71 #
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 – point iv (new)
Article 26 b paragraph 1 – point a – point iv (new)
(iv) grounds relating to the prevention of the development of pesticide resistance amongst weeds and pests; or
Amendment 72 #
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 – point v (new)
Article 26 b paragraph 1 – point a – point v (new)
(v) grounds relating to the invasiveness or persistence of a GM-variety, or to the possibility of interbreeding with domestic cultivated or wild plants; or
Amendment 73 #
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 – point vi (new)
Article 26 b paragraph 1 – point a – point vi (new)
(vi) grounds relating to the prevention of negative environmental and health impacts of unsustainable farming practices; or
Amendment 74 #
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 – point vii (new)
Article 26 b paragraph 1 – point a – point vii (new)
( vii) grounds relating to the protection and maintenance of agricultural practices that preserve the sustainability of ecosystems, the maintenance of certain habitats and ecosystems, or certain types of natural and landscape features; or
Amendment 75 #
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 – point viii (new)
Article 26 b paragraph 1 – point a – point viii (new)
(viii) other grounds that may include, inter alia, changes in agricultural practices, land use, town and country planning, socio-economic impacts, or other legitimate factors;
Amendment 83 #
Council position
Recital 7 a (new)
Recital 7 a (new)
(7a) The grant of flexibility to Member States should in no way influence the positioning of Member States when it comes to decisions on authorisations of GMOs. At the same time, freedom of choice of consumers, farmers and operators should be preserved whilst providing greater clarity to affected stakeholders concerning the cultivation of GMOs in the Union. This Directive is therefore compatible with the smooth functioning of the internal market.
Amendment 91 #
Amendment 94 #
Council position
Recital 9
Recital 9
Amendment 109 #
Council position
Recital 10
Recital 10
(10) In addition, and only where the notifier/applicant has refused to adjust the geographical scope of the notification/application of a GMO as requested by a Member State, there should be the possibility for that Member State to adopt reasoned measures restricting or prohibiting the cultivation of that GMO once authorised in all or part of its territory, on the basis of grounds distinct from those assessed according to the harmonized set of Union rules, that is Directive 2001/18/EC and Regulation (EC) No 1829/2003, which are in conformity with Union law. ThoseMember States should always have the possibility to act as risk manager, and adopt reasoned measures restricting or prohibiting the cultivation of a GMO, groups of GMOs defined by crop or trait or of all GMOs in all or part of their territory, on the basis of grounds may be related to environmental or agricultural policy objectives, or other compelling grounds such as town and countrylegitimate factors which might arise from the deliberate release or the planncing, land use, on the market of GMOs, such as socio- economic impacts, co-existence and public policor persisting scientific uncertainty. 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 111 #
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
By way of derogation to Directive 98/34/EC, Member States that intend to adopt reasoned measures under this Article shall communicate them to the other Member States and to the Commission, one month prior to their adoption for information purposes’.
Amendment 114 #
Proposal for a regulation - amending act
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 2001/18/EC
Article 26 b a (new)
Article 26 b a (new)
(1a) The following Article shall be inserted: ‘Article 26 ba Liability requirements Member States shall establish a general mandatory system of financial liability and financial guarantees, for example through insurance, which applies to all business operators and which ensures that the polluter pays for unintended effects or damages that might occur due to the deliberate release or the placing on the market of GMOs.’
Amendment 114 #
Council position
Recital 11 a (new)
Recital 11 a (new)
(11a) Member States should also be allowed to base such measures on grounds relating to socio-economic impacts. These may include grounds such as the impracticability or the high costs of coexistence measures or the impossibility of implementing coexistence measures due to specific geographical conditions such as small islands or mountain zones; the need to protect the diversity of agricultural production; or the need to ensure seed purity.
Amendment 130 #
Council position
Recital 14
Recital 14
(14) Member States' measures adopted pursuant to this Directive should be subject to a procedure of scrutiny and information at Union level. In light of the level of Union scrutiny and information, it is not necessary to provide, in addition, for the application of Directive 98/34/EC of the European Parliament and of the Council1. Member States may restrict or prohibit the cultivation of all, a group of, or a specific GMO in all or part of their territory as from the date of entry into force of the Union authorisation and no later than two years after the date when the consent/authorisation is granted, provided that an established standstill period, during which the Commission was given the opportunity to comment on the proposed measures, has elapsedfor the whole duration of the consent/authorisation. __________________ 1 Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure of information in the field of technical standards and regulations and of rules on Information Society services (OJ L 204, 21.7.1998, p. 37.).
Amendment 132 #
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. Moreover, the European Food Safety Authority and the Member States should aim to establish an extensive network of scientific organisations representing all disciplines including those relating to ecological issues, and should cooperate to identify at an early stage any potential divergence between scientific opinions with a view to resolving or clarifying the contentious scientific issues. The Commission and the Member States should ensure that the necessary resources for independent research on the potential risks arising from the deliberate release or the placing on the market of GMOs are secured, and that the enforcement of intellectual property rights does not prevent independent researchers from accessing all relevant material.
Amendment 143 #
Council position
Recital 17
Recital 17
Amendment 145 #
Council position
Recital 18
Recital 18
(18) Written consents or decisions of authorisations issued or adopted with a geographical scope limited to certain areas or mMeasures adopted by Member States, in accordance with this Directive, which restrict or prohibit the cultivation of GMOs, should not prevent or restrict the use of authorised GMOs by other Member States. In addition, this Directive and the national measures adopted pursuant to it should be without prejudice to Union law requirements concerning unintended and adventitious presence of GMOs in non- genetically modified varieties of seed and plant propagating material, and should not prevent the cultivation of varieties complying with these requirements.
Amendment 154 #
Council position
Recital 23
Recital 23
(23) Directive 2001/18/EC and Regulation (EU) No 1829/20031a should be amended accordingly, __________________ 1a Regulation No 1829/2003 (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 156 #
Council position
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
Amendment 157 #
Council position
Article 1 – paragraph 1 – point - 1 (new)
Article 1 – paragraph 1 – point - 1 (new)
Directive 2001/18/EC
Article 22
Article 22
(- 1) Article 22 is replaced by the following: 'Article 22 Free circulation Without prejudice to Article 23 or Article 26b, Member States shall not prohibit, restrict or impede the placing on the market of GMOs, as or in products, which comply with the requirements of this Directive.'
Amendment 158 #
Council position
Article 1 – paragraph 1 – point -1a (new)
Article 1 – paragraph 1 – point -1a (new)
Directive 2001/18/EC
Article 25
Article 25
(-1a) In Article 25, the following paragraph is added: '5a. Without prejudice to the protection of intellectual property rights, access to material necessary for independent research on potential risks arising from the deliberate release or the placing on the market of GMOs, such as seed material, shall not be restricted or impeded.'
Amendment 159 #
Council position
Article 1 – paragraph 1 – point -1 b
Article 1 – paragraph 1 – point -1 b
Directive 2001/18/EC
Article 7 – paragraph 3, Article 18 – paragraph 1 Article 23 – paragraph 2 and Article 30 –
Article 7 – paragraph 3, Article 18 – paragraph 1 Article 23 – paragraph 2 and Article 30 –
paragraph 2
(-1b) In Articles 7(3), 18(1) and 23(2), the reference to Article 30(2) is replaced by a reference to Article 30(3). In Article 30(3), the following words are added: 'However, by way of derogation from paragraphs 3 and 4 of Article 5a, a draft measure authorising a GMO shall not be adopted if the Council has not given a positive opinion.'
Amendment 177 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26b – paragraph 1
Article 26b – paragraph 1
Amendment 189 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26b – paragraph 2
Article 26b – paragraph 2
Amendment 199 #
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, that Member State may adopt measures restricting or prohibiting the cultivation of thatA Member State may, following the risk assessment carried out pursuant to this Directive or to Regulation (EC) No 1829/2003 and acting as risk manager, adopt measures restricting or prohibiting the cultivation of a GMO or of groups of GMOs defined by crop or trait or of all GMOs 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 based on grounds such as those related to:
Amendment 200 #
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 distinct from the elements assessed according to this Directive and Regulation (EC) No 1829/2003; relating to environmental impacts which might arise from the deliberate release or the placing on the market of GMOs and which are complementary to the impacts concretely examined during the scientific risk assessment conducted according to this Directive and Regulation (EC) No 1829/2003. Those grounds may include, inter alia: - the prevention of the development of pesticide resistance amongst weeds and pests; - the prevention of an increased use of pesticides due to GMO cultivation; - the invasiveness or persistence of a genetically modified variety, or the possibility of interbreeding with domestically cultivated or wild plants; - the prevention of negative impacts on the local environment caused by changes in agricultural practices linked to the cultivation of GMOs; - the maintenance of local biodiversity, including certain habitats and ecosystems, or certain types of natural and landscape features, as well as specific ecosystem functions and services; - the absence or lack of adequate data concerning the potential negative impacts of the release of GMOs on the local or regional environment of a Member State, including on biodiversity; -scientific uncertainties as regards any of the grounds mentioned above, i.e. contradictory evidence or the absence of sufficient science.
Amendment 225 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 3 – subparagraph 1 – point g
Article 26 b – paragraph 3 – subparagraph 1 – point g
(g) agricultural policy objectives;. Those grounds may include: - the need to protect the diversity of agricultural production; - the need to protect organic and/or traditional small scale farming structures; - the need to preserve cultural heritage linked to sustainable practices; - the maintenance and development of agricultural practices which offer a better potential to reconcile production with long-term ecosystem sustainability; – the need to ensure seed purity.
Amendment 226 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 3 – subparagraph 1 – point g a (new)
Article 26 b – paragraph 3 – subparagraph 1 – point g a (new)
(ga) public opinion
Amendment 231 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 3 – subparagraph 1 – point g b (new)
Article 26 b – paragraph 3 – subparagraph 1 – point g b (new)
(gb) public morals, including ethical or philosophical concerns.
Amendment 233 #
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 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 withafter having considered the results of the environmental risk assessment carried out pursuant to this Directive or to Regulation (EC) No 1829/2003.
Amendment 256 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26b – paragraph 4 – subparagraph 2
Article 26b – paragraph 4 – subparagraph 2
Amendment 273 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 6
Article 26 b – paragraph 6
Amendment 275 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 7
Article 26 b – paragraph 7
Amendment 290 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 c
Article 26 c
Amendment 304 #
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 plants. __________________ + OJ: please insert the date of the entry into force of this Directive.
Amendment 309 #
Council position
Article 2 a (new)
Article 2 a (new)
Article 2a No later than ...+ , the Commission shall present a draft implementing Regulation on environmental risk assessment of GMOs. That implementing Regulation shall ensure, inter alia, that the following is adequately taken into account in the environmental risk assessment: -long-term direct and indirect environmental effects of genetically modified crops; -potential effects on non-target organisms; -different characteristics of the receiving environments and the geographical areas in which genetically modified crops may be cultivated; -resistance of pests or weeds to pesticides; -the potential environmental consequences brought about by changes in the use of herbicides linked to herbicide-tolerant genetically modified crops. It shall also ensure that the environmental risk assessment adequately reflects upon scientific uncertainties and diverging interpretation of scientific data. __________________ OJ: Please insert the date six months after the date of entry into force of this Directive.
Amendment 310 #
Council position
Article 2 b (new)
Article 2 b (new)
Article 2b No later than ...+, the Commission shall present a report to the European Parliament and to the Council regarding the implementation of Article 26a of Directive 2001/18/EC. That report shall include specific recommendations to Member States and may be accompanied by any legislative proposals the Commission considers appropriate. __________________ +OJ: Please insert the date: three years after the date of entry into force of this Directive
Amendment 311 #
Council position
Article 2 c (new)
Article 2 c (new)
Amendment 312 #
Council position
Article 2 d (new)
Article 2 d (new)
Regulation (EC) No1829/2003
Article 7 – paragraph 3, Article 19 – paragraph 3, Article 35 – paragraph 3
Article 7 – paragraph 3, Article 19 – paragraph 3, Article 35 – paragraph 3
Article 2d Regulation (EC) No 1829/2003 is amended as follows: (1) In Articles 7(3) and 19(3), the reference to Article 35(2) is replaced by a reference to Article 35(3). (2) In Article 35(3), the following words are added: 'However, by way of derogation from paragraphs 3 and 4 of Article 5a, a draft measure authorising a GMO shall not be adopted if the Council has not given a positive opinion.'