Activities of Gilles PARGNEAUX related to 2010/0208(COD)
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 (13)
Amendment 45 #
Council position
Recital 2 a (new)
Recital 2 a (new)
(2a) There is a need for the precautionary principle to be taken into account in the framework of this directive and when implementing it.
Amendment 51 #
Council position
Recital 2 b (new)
Recital 2 b (new)
(2b) Annex II to Directive 2001/19/EC should be strengthened by incorporating the guidelines published by EFSA in November 2010, together with the conclusions of the Council of Ministers of the Environment of December 2008 on the environmental assessment of the risks of GMOs.
Amendment 97 #
Council position
Recital 9 a (new)
Recital 9 a (new)
(9a) Restrictions on or prohibitions of cultivation of GMOs by Member States should not prevent biotechnology research from being carried out provided that, in carrying out such research, all necessary safety measures are observed.
Amendment 150 #
Council position
Recital 21 a (new)
Recital 21 a (new)
(21a) Neighbouring Member States should cooperate to ensure appropriate exchange of information with a view to guaranteeing the effective operation of coexistence measures in border areas and avoiding the cross-border spread of a GMO from a Member State where its cultivation is authorised to a neighbouring Member State where it is prohibited.
Amendment 166 #
Council position
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2001/18/CE
Article 26 a – paragraph 1
Article 26 a – paragraph 1
(-1) In Article 26a(1) the following sub- paragraph is added: ‘Member States in which a GMO may be cultivated in accordance with the written consent issued under this Directive and, where applicable, with 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 take all appropriate measures to avoid the unintended presence of GMOs in other products on their territory and in the border areas of neighbouring Member States. They shall inform the Commission of the measures in question.’
Amendment 167 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/CE
Article 26 b – paragraph -1 (new)
Article 26 b – paragraph -1 (new)
-1. At the beginning of the authorisation procedure for a given GMO or during the renewal of an authorisation, the notifier/applicant shall list the Member States or parts of Member States to which the notification/application for authorisation relates.
Amendment 186 #
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/applicant subject to the validation by the Commission of the coexistence measures taken pursuant to Article 26a(1).
Amendment 245 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 3
Article 26 b – paragraph 3
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 thatithout prejudice to paragraph 1, a 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 grounds such as those related to: (a) environmental policy objectives distinct from the elements assessed according to this Directive and Regulation (EC) No 1829/2003; (b) town and country planning; (c) land use; (d) socio-economic impacts; (e) avoidance of GMO presence in other products without prejudice to Article 26a; (f) agricultural policy objectives; (g) public policyrelating to environmental impacts which might arise from the cultivation of GMOs and which are complementary to the impacts observed during the scientific risk assessment conducted according to this Directive and Regulation (EC) No 1829/2003. Those grounds may be: – the prevention of the development of pesticide resistance among weeds and pests; – 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; (b) town and country planning; (c) land use; (d) socio-economic impacts 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; (e) avoidance of GMO presence in other products without prejudice to Article 26a; (f) agricultural policy objectives. Those grounds may include: – the need to protect the diversity of agricultural production; – the maintenance and development of agricultural practices which offer greater potential to reconcile production with ecosystem sustainability; – the need to ensure seed purity; (g) public policy; (h) grounds relating to public opinion, for example results of referendums at national, regional or local level. 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 with the environmental risk assessment carried out pursuant to this Directive or to Regulation (EC) No 1829/2003.
Amendment 270 #
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 in accordance with paragraph 3 shall ensure that farmers who cultivated such crops legally have sufficient time to finish the ongoing cultivation season.
Amendment 282 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 10 (new)
Article 26 b – paragraph 10 (new)
10. Neighbouring Member States shall cooperate by sharing appropriate information with a view to ensuring that coexistence measures in border areas work effectively and to preventing cross- border release from a Member State where cultivation of a GMO is authorised to another where it is prohibited.
Amendment 284 #
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 the written authorisation issued in accordance with this Directive and. where appropriate, the decision delivered in accordance with Article 19 and the authorisation decision adopted in accordance with Articles 7 and 19 of Regulation (EC) No 1829/2003 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 289 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b b (new)
Article 26 b b (new)
"Article 26bb ‘GMO-free’ labelling The Commission shall propose harmonised conditions subject to which operators may make use of terms indicating that products are GMO-free.
Amendment 306 #
Council position
Article 2
Article 2
No later than one year after …+, the Commission shall publish a legislative proposal designed to give normative status to the strengthened guidance published by the European Food Safety Authority in 2010 on the environmental risk assessment of genetically modified plants. No later than 4 years after…+, the Commission shall also 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.