Activities of Elisabeth KÖSTINGER 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 (1)
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)
Amendments (14)
Amendment 21 #
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/territorial dimension and as of particular importance for the self- determination of Member States. In accordance with Article 2(2) TFEU Member States should therefore be entitled to have a possibility to adopt rulebinding legislative provisions concerning the effective cultivation of GMOs in their territory after the GMO has been legally authorised to be placed on the EU market.
Amendment 30 #
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 particularindividual GMOs, particular groups of GMOs or all 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 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 36 #
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. 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. AIn that context, the appropriate legal basis is Article 114 TFEU, reflecting this comprehensive level of protection. However, a uniform high level of protection of health and the, safety, environment as well as consumers should be achieved and maintained throughout the territory of the Union.
Amendment 41 #
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 harmonizse the conditions of cultivation in Member States but to grant freedom to Member States to invoke other grounds than scientific assessmentrestrict or ban cultivation of GMOs on their territory because of health and environmental risks to ban culor other legitivmation of GMOs on their territorye factors, such as, for example, on socio-economic grounds. 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 43 #
Council position
Recital 2 a (new)
Recital 2 a (new)
(2a) The implementation of the risk assessment as laid down in Annex II to Directive 2001/18/EC needs improvement, in particular regarding the long-term environmental effects of genetically modified crops as well as their potential effects on non-target organisms, the characteristics of the receiving environments and the geographical areas in which genetically modified crops may be cultivated, the potential environmental consequences brought about by changes in the use of herbicides linked to herbicide-tolerant genetically modified crops, direct and indirect long-term effects, as well as scientific uncertainties. Any such improvement as well as any change to the legal status of guidance for risk assessment of GMO requires in-depth discussions and should therefore be subject to a proper review of Directive 2001/18/EC.
Amendment 45 #
Proposal for a regulation – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2001/18/EC
Article 26b – paragraph 1
Article 26b – paragraph 1
Member States may adopt measures restricting or prohibiting the cultivation of all or particularindividual GMOs, particular groups of GMOs or all 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, in all or part of their territory, provided that:
Amendment 51 #
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 than those related to the assessthe protection of health, of the environment, of the adverse effect on health and environmentbiodiversity and of organic or conventional farming or on other socio- economic factors which might arise from the deliberate release or the placing on the market of GMOs;
Amendment 69 #
Council position
Recital 7
Recital 7
(7) In accordance with Article 2(2) TFEU, Member States are therefore entitled to have a possibility, during the authorisation procedure and thereafter, to decide to restrict or prohibit the cultivation of a GMO on their territory with the effect of excluding cultivation of a specific GMO in all or part of that Member State's territory. In that context, it appears appropriate to grant Member States, in accordance with the principle of subsidiarity, more flexibility to decide whether or not they wish to cultivate GMO crops on their territory without affecting the risk assessment provided in the system of Union authorisations of GMOs, either in the course of the authorisation procedure or thereafter, and independently of the measures that Member States are entitled to take by application of Directive 2001/18/EC to avoid the unintended presence of GMOs in other products on their territory and in border areas of neighbouring Member States. The grant of that possibility to Member States should facilitate the decision-making process in the GMO field. 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 should therefore facilitate the smooth functioning of the internal market. , with regard to Article 114 TFEU.
Amendment 80 #
Council position
Recital 7 a (new)
Recital 7 a (new)
(7a) To ensure that the cultivation of GMO does not result in the unintended presence of GMO in other products, effective co-existence measures are indispensable. Member States should therefore be entitled, under Directive 2001/18/EC, to adopt rules applicable to their territories to avoid such unintended presence. Particular attention should be paid to any possible cross-border contamination from a Member State or a region where cultivation is allowed into a neighbouring Member State or region where it is prohibited. For a coherent implementation of such rules, including in border areas, Members States should refer to the guidelines as provided by the Commission in its Recommendation of 13 July 20101a. __________________ 1aCommission Recommendation of 13 July 2010 on guidelines for the development of national co-existence measures to avoid the unintended presence of GMO in conventional and organic crops (OJ C 200, 22.7.2010, p.1)
Amendment 163 #
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
(-1) Article 26a((1) is replaced by the following: 1. Member States mayshall take appropriate measures to avoid the unintended presence of GMOs in other products on their territory and in the border areas of neighbouring Member States.
Amendment 171 #
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, to present to the notifier/applicant its demand 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. This request 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 and to the other Member States without delay.
Amendment 214 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 3 – subparagraph 1 – point d
Article 26 b – paragraph 3 – subparagraph 1 – point d
(d) socio-economic impacts such as the impracticability or the high costs of coexistence measures due to specific geographical conditions such as small islands or mountainous regions;
Amendment 219 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
(f) agricultural policy objectives, including the need to protect the diversity of agricultural production, the maintenance and development of agricultural practices which offer a better potential to reconcile production with eco-system sustainability, and the need to ensure seed purity;
Amendment 271 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 5 a (new)
Article 26 b – paragraph 5 a (new)
5a. A Member State which intends to adopt measures pursuant to paragraph 3, shall ensure that farmers who cultivated such crops are legally granted sufficient time to finish the ongoing cultivation season.