Activities of Julie GIRLING related to 2010/0208(COD)
Plenary speeches (2)
Possibility for the Member States to restrict or prohibit the cultivation of GMOs (A8-0038/2014 - Frédérique Ries)
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 (35)
Amendment 21 #
Proposal for a regulation - amending act
Recital 2 a (new)
Recital 2 a (new)
(2a) Attention should be drawn to point 10 of the conclusions of the Environment Council meeting of 4 December 2008 which invites EFSA and Member States to pursue the formation of an extensive network of scientific organisations representing all disciplines including those related to ecological issues with the assessment of risks associated with cultivation or use of GM plants in food and feedingstuffs in accordance with Article 36 of Regulation 178/2002/EC of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety1, and thus to ensure effective coordination and cooperation between scientists, and underlines the importance of the full application of Article 30 of Regulation 178/2002/EC, which calls for EFSA to exercise vigilance in order to identify at an early stage any potential divergence between scientific opinions, and to cooperate with Member States and national bodies with a view to resolving or clarifying the contentious scientific issues. 1 OJ L 31, 1.2.2002, p. 1.
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 28 #
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. That system of authorisations should remain the only basis for scientific assessment of health and environmental risks, and work in 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 35 #
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 on a case-by-case basis in all or part of their territory, as long as those measures are adopted and made publicly available to all operators concerned, including growers, at least six months prior to the start of the growing season, and respectively amend those measures as they deem appropriate, at all stage. Those measures should be based on grounds of the authorisation, re- authorisation or withdrawal from the market of the concerned GMOsr than those already addressed by the harmonised set of Union rules which already provide for procedures to take into account the risks that a GMO for cultivation may pose to health and the environment. 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 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 42 #
Council position
Recital 2 a (new)
Recital 2 a (new)
(2a) The Union GMO authorisation system needs to take due account of the risks and possibilities offered by innovations in science and technology. In particular, new developments in plant breeding techniques call into question the risks that should be taken into account. Some techniques such as cisgenisis have been found to be as safe as conventional plantbreeding techniques and could therefore be exempted from the scope of this legislation. A focussed regulatory system for GMOs is a precondition in order to foster cutting-edge innovations in this area.
Amendment 52 #
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 freedomlexibility to Member States to invoke other grounds than scientific assessment of health and environmental risks to banrestrict or prohibit the cultivation of GMOs on their territory in order to ease the decision- making process surrounding the issue of GMOs in the Union. 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 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 65 #
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 76 #
Council position
Recital 7 a (new)
Recital 7 a (new)
(7a) On the basis of the Environment Council conclusions adopted on 4 December 2008, the Commission should assess the need for the establishment of thresholds for labelling the adventitious presence of GMOs in conventional seeds at the lowest practicable, proportionate and functional levels for all economic operators. In addition, the Commission should assess the need for a harmonisation of sampling and analysis methods for non-authorised GMOs present at a low level in seed, in particular for the setting of a minimum performance limit for detection methods.
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 97 #
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 six 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 100 #
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 preceded by a full impact assessment carried out by the Commission, assessing their potential effects;
Amendment 100 #
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 which already provide for procedures which take into account the risks that cultivation of a particular GMO may pose to public health and the environment, that is, Directive 2001/18/EC and Regulation (EC) No 1829/2003, which are in conformity with Union law. Those grounds may be related to environmental or agricultural policy objectives, or other compelling grounds such as town and country planning, land use, socio-economic impacts, co-existence and public policy. 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 101 #
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 respect local agricultural conditions and developments;
Amendment 102 #
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 respect local agricultural and cultural traditions;
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 106 #
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 theyose measures are in conformity with the Treaties. , in particular with the principle of proportionality, and the Union’s international obligations.
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 136 #
Council position
Recital 16
Recital 16
(16) When new and objective circumstances justify an adjustment of the geographical scope of the consent/authorisation of a GMO, and in any case no earlier than twofive years after the date when the consent/authorisation is granted, a Member State should be able to request, via the Commission, the consent/authorisation holder to adjust its geographical scope. If the consent/authorisation holder does not explicitly or tacitly agree, the Member State should be given the possibility to adopt reasoned measures restricting or prohibiting the cultivation of that GMO. The Member State concerned should communicate a draft of those measures to the Commission at least 75 days prior to their adoption, in order to give the opportunity to the Commission to comment, and should refrain from adopting and implementing those measures during that period. On the expiry of the established standstill period, the Member State should be able to adopt the measures as originally proposed or amended to take into account the Commission's comments.
Amendment 161 #
Council position
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
(-1) Article 26a (1) is replaced by the following: '1. Member States may take appropriate measures to avoid the unintended presence of GMOs in other products. At the request of a neighbouring Member State, they shall take appropriate measures to avoid the unintended presence of GMOs in border areas of that Member State.'
Amendment 192 #
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 that GMO 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, and the Union's international obligations, that they are reasoned, proportional and non- discriminatory and, in addition, are based on compelling grounds such as those related to:.
Amendment 202 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26b – paragraph 3 – subparagraph 1 – point a
Article 26b – paragraph 3 – subparagraph 1 – point a
Amendment 215 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 3 – subparagraph 1 – point e
Article 26 b – paragraph 3 – subparagraph 1 – point e
Amendment 246 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 3 a (new)
Article 26 b – paragraph 3 a (new)
3a. A Member State which intends to adopt measures pursuant to paragraph 3 of this Article shall ensure that those measures: (a) respect the freedom of choice of farmers and consumers; (b) do not entail any distortion of competition between farmers in different Member States; (c) do not conflict with the environmental risk assessment carried out pursuant to this Directive or Regulation (EC) No 1829/2003; (d) have been the subject of a prior impact assessment showing them to be necessary and proportionate.
Amendment 249 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 4 – introductory part
Article 26 b – paragraph 4 – introductory part
4. A Member State which intends to adopt measures pursuant to paragraph 3 of this Article shall first communicate a draft of those measures, and the corresponding grounds invoked to the Commission. This communication may take place before the GMO authorisation procedure under Part C of this Directive or under Regulation (EC) No 1829/2003 has been completed. DIn accordance with Directive 98/34/EC*of the European Parliament and of the Council , during a period of 75 day3 months starting from the date of such communication: __________________ *Directive98/34/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 259 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 4 – subparagraph 2
Article 26 b – paragraph 4 – subparagraph 2
On expiry of the 75-day3 month period referred to in the first subparagraph, and no later than two years after the date that the consent/authorisation is granted, the Member State concerned may adopt the measures either in the form originally proposed, or as amended to take account of any comments received from the Commission. Those measures shall be communicated to the Commission, the other Member States and the notifier/applicant without delay. Member States shall adopt measures for a maximum of five years and shall review them when the GMO authorisation is renewed.
Amendment 262 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 4 – subparagraph 2 a (new)
Article 26 b – paragraph 4 – subparagraph 2 a (new)
Member States shall make publicly available any such measure to all operators concerned, including growers, at least six months before the start of the growing season. In the event that the GMO concerned is authorised less than six months before the start of the growing season, Member States shall make those measures publicly available upon their adoption.
Amendment 266 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 5
Article 26 b – paragraph 5
5. Where, after the authorisation of a GMO under this Directive or Regulation (EC) No 1829/2003 and no earlier than twofive years after the date that the consent/authorisation is granted, a Member State considers that new objective circumstances justify an adjustment of the geographical scope of the consent/authorisation, it may apply the procedure under paragraphs 1 to 4, mutatis mutandis, provided that such measures do not affect the cultivation of any authorised GMO seeds and plant propagating materials which were planted lawfully before those measures were adopted.
Amendment 281 #
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. Measures adopted under this Article shall not prevent biotechnology research from being carried out provided that, in carrying out such research, all necessary safety measures are observed.
Amendment 303 #
Council position
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 2001/18/EC
Article 26 c a (new)
Article 26 c a (new)
(1a) The following Article is inserted: 'Article 26ca Seed thresholds On the basis of the Environment Council conclusions adopted on 4 December 2008, the Commission shall assess the need for the establishment of thresholds for labelling the adventitious presence of GMOs in conventional seeds. The Commission shall ensure that any thresholds considered are at the lowest practicable, proportionate and functional levels for all economic operators, and contribute to ensuring freedom of choice to farmers and consumers. In addition, the Commission shall assess the need for a harmonisation of sampling and analysis methods for non-authorised GMOs present at a low level in seed, in particular for the setting of a minimum performance limit for detection methods.'
Amendment 314 #
Council position
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
(1a) In Annex I A Part 2, paragraph 1shall be replaced by the following: Techniques referred to in Article 2(2)(b) which are not considered to result in genetic modification, on condition that they do not involve the use of recombinant nucleic acid molecules or genetically modified organisms made by techniques/methods other than those excluded by Annex I B: (1) in vitro fertilisation (2) natural processes such as: conjugation, transduction, transformation, (3) polyploidy induction. (4) cisgenesis