Awaiting Council 1st reading position / budgetary conciliation convocation
Role | Committee | Rapporteur | Shadows |
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Opinion | AGRI | DESS Albert (EPP) | |
Lead | ENVI | LA VIA Giovanni (EPP) | BALAS Guillaume (S&D), GIRLING Julie (ECR), MEISSNER Gesine (ALDE), BOYLAN Lynn (GUE/NGL), STAES Bart (Verts/ALE), EVI Eleonora (EFD), D'ORNANO Mireille (ENF) |
Opinion | IMCO | ||
Opinion | ITRE |
Legal Basis TFEU 114
Activites
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2015/10/28
Results of vote in Parliament
- Results of vote in Parliament
- Debate in Parliament
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T8-0379/2015
summary
The European Parliament adopted by 577 votes to 75, with 38 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1829/2003 as regards the possibility for the Member States to restrict or prohibit the use of genetically modified food and feed on their territory. In line with the recommendation by the Committee on the Environment, Public Health and Food Safety, Parliament rejected the Commission proposal by 619 votes to 58, with 13 abstentions. It called on the Commission to withdraw its position. In its resolution, Parliament recalled that the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Belgian Chamber of Representatives, the Spanish Parliament, the Netherlands House of Representatives and the Austrian Federal Council, asserted that the draft legislative act does not comply with the principle of subsidiarity.
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2015/10/19
Committee report tabled for plenary, 1st reading/single reading
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A8-0305/2015
summary
The Committee on the Environment, Public Health and Food Safety adopted the report by Giovanni LA VIA (EPP, IT) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1829/2003 as regards the possibility for the Member States to restrict or prohibit the use of genetically modified food and feed on their territory. The committee recommended that Parliament reject the Commission proposal and called on the Commission to withdraw its position. In its proposal, the Commission suggests to mirror, as regards genetically modified food and feed, the recent amendment of Directive 2001/18/EC in respect of GMOs intended for cultivation (Directive (EU) 2015/412 which entered into force in early April 2015). Accordingly, it proposed to allow Member States to restrict or prohibit - under certain conditions - the use of genetically modified food and feed on their territory after these products have been authorised ("opt-out"). Members considered, in particular, that - as its adoption was not preceded by an assessment of all possible impacts and alternative options available - the proposal conflicts with the "Better Regulation" and "Transparency" pledges made by the new Commission. As the EU remains highly dependent on the supply of proteins from GM sources and considering that the proposal is likely to have negative indirect effect on imports, Members are of the view that the proposal may seriously endanger livestock production and also negatively affect agriculture in the EU.
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A8-0305/2015
summary
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2015/10/13
Vote in committee, 1st reading/single reading
- #3402
- 2015/07/13 Council Meeting
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2015/04/30
Committee referral announced in Parliament, 1st reading/single reading
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2015/04/22
Legislative proposal published
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COM(2015)0177
summary
PURPOSE: to amend existing legislation in order to give Member States the possibility to restrict or prohibit the use of genetically modified food and feed on their territory. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: Regulation (EC) No 1829/2003 allows Member States to adopt measures restricting or prohibiting the use of authorised GMOs and GM food and feed only if they are able to demonstrate that the product in question is likely to pose risks to health and to the environment. The Regulation requires the Commission as risk manager to take a decision on an application for authorisation in a reasonable period of time (to grant an authorisation or refuse an authorisation). Since the entry into force of Regulation (EC) No 1829/2003, there has never been a qualified majority amongst Member States in favour of or against a draft Commission Decision authorising Genetically Modified Organisms (GMOs) and Genetically Modified (GM) food and feed. The result has always been a “no opinion” for all stages of the procedure. As a result, the authorisation decisions have been adopted by the Commission, in accordance with applicable legislation, without the support of the Member States’ committee opinion. Regarding cultivation of GMOs, Directive (EU) 2015/412 grants Member States more flexibility to decide whether or not they wish to cultivate GMOs on their territory without affecting the risk assessment provided in the system of Union authorisations of GMOs. However, that Directive does not cover GMOs and GM food and feed authorised under Regulation (EC) No 1829/2003. In its Communication on the reviewing the decision-making process on genetically modified organisms (GMOs), the Communication concluded that the current legal framework should be amended, by extending the approach agreed in Directive (EU) 2015/412 to other products covered by the Regulation (EC) No 1829/2003. CONTENT: the Commission proposal amends Regulation (EC) No 1829/2003 to introduce new provisions allowing Member States to restrict or prohibit the use of GMOs and GM food and feed covered by the GMO legal framework, in part or all of their territory, in complement to the possibilities already offered to Member States with respect to GMOs for cultivation by Directive (EU) 2015/412. The proposal does not affect the Union procedure of authorisation based on risks which should remain harmonised at Union level in order to maintain a same level of safety throughout the EU. According to the proposed Regulation, Member States may adopt measures restricting or prohibiting the use GMOs or GM food and feed products provided that such measures are: reasoned and based on compelling grounds in accordance with Union law which shall, in no case, conflict with the risk assessment carried out pursuant this Regulation; proportional and non-discriminatory. Where a Member State intends to adopt measures restricting or prohibiting the use of products, it shall first submit to the Commission a draft of those measures, and the corresponding justification. The Commission shall immediately notify to the other Member States the draft measures and the corresponding justification. During a period of 3 months from the date of submission to the Commission of the draft measures and various information: the Member State shall refrain from adopting and implementing those measures; the Commission and the Member States may make any comments they consider appropriate to the Member State which has submitted the draft measures. The proposal does not allow Member States to restrict or prohibit the use of products which do not have to be labelled under the GMO legal framework, even if they may contain a small proportion of GMOs or GM food and feed below the thresholds set out therein. Provisions are also established to protect the rights of economic operators which lawfully placed on the market a GMO or a GM food and feed before the Member State adopt measures pursuant to the proposal. Sufficient time should be given to operators to allow the phasing out of the product from the market.
- DG {'url': 'http://ec.europa.eu/info/departments/health-and-food-safety_en', 'title': 'Health and Food Safety'}, ANDRIUKAITIS Vytenis Povilas
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COM(2015)0177
summary
Documents
- Legislative proposal published: COM(2015)0177
- Debate in Council: 3402
- Committee report tabled for plenary, 1st reading/single reading: A8-0305/2015
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T8-0379/2015
Amendments | Dossier |
86 |
2015/0093(COD)
2015/07/22
AGRI
31 amendments...
Amendment 1 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 and Article 291(3) thereof,
Amendment 10 #
Proposal for a regulation Recital 7 (7) The reasons for the amendments made to Directive 2001/18/EC, by Directive (EU) 2015/412 as regards GMOs for cultivation are also relevant for other GMOs and GM food and feed covered by Regulation (EC) No 1829/2003. Indeed, the results of the vote on the implementing decision for the authorisation of products covered by Regulation (EC) No 1829/2003 which are not intended for cultivation in the relevant committee, or in the Council, is always “no opinion” (no qualified majority either in favour of or against the authorisation) and there are also Member States in which the use of these products is prohibited. Taking those matters into account, it is appropriate to amend Regulation (EC) No 1829/2003 in order to provide the possibility for the Member
Amendment 11 #
Proposal for a regulation Recital 8 Amendment 12 #
Proposal for a regulation Recital 9 Amendment 13 #
Proposal for a regulation Recital 9 Amendment 14 #
Proposal for a regulation Recital 9 Amendment 15 #
Proposal for a regulation Recital 9 Amendment 16 #
Proposal for a regulation Recital 10 Amendment 17 #
Proposal for a regulation Recital 10 Amendment 18 #
Proposal for a regulation Recital 11 Amendment 19 #
Proposal for a regulation Recital 11 (11) Member States’
Amendment 2 #
Proposal for a regulation Paragraph 1 a (new) (1a) Calls on the Commission, within half a year of the adoption of its decision, to submit a legislative proposal restricting or prohibiting the use of GM foods and feed at Union or Member State level which accords with European Union law and the international obligations of the European Union, and which contains rational and practicable provisions;
Amendment 20 #
Proposal for a regulation Recital 12 Amendment 21 #
Proposal for a regulation Recital 12 Amendment 22 #
Proposal for a regulation Recital 13 Amendment 23 #
Proposal for a regulation Recital 13 (13)
Amendment 24 #
Proposal for a regulation Recital 14 Amendment 26 #
Proposal for a regulation Article 1 – paragraph 1 – introductory part Amendment 27 #
Proposal for a regulation Article 1 – paragraph 1 1. Member States may adopt measures restricting or prohibiting the use of products referred to in Article 3(1) and 15(1)
Amendment 28 #
Proposal for a regulation Article 1 – paragraph 1 Regulation (EC) 1829/2003 Article 34 a – paragraph 1 – point a Amendment 29 #
Proposal for a regulation Article 1 – paragraph 1 Regulation (EC) 1829/2003 Article 34 a – paragraph 1– point b Amendment 3 #
Proposal for a regulation Paragraph 1 b (new) (1b) Calls on the Commission to draft proposals for increasing European feed production and, as soon as possible, putting an end to the serious lack of self- sufficiency in feed in Europe; considers that the Commission should submit these proposals, at the latest, as part of the mid- term review of the Common Agricultural Policy;
Amendment 30 #
Proposal for a regulation Article 1 – paragraph 1 Regulation (EC) 1829/2003 Article 34 a –paragraph 2 Amendment 31 #
Proposal for a regulation Article 1 – paragraph 1 Regulation (EC) 1829/2003 Article 34 a – paragraph 3 Amendment 4 #
Proposal for a regulation Recital 2 (2) Both Directive 2001/18/EC and Regulation (EC) No 1829/2003 establish a centralised procedure at Union level whereby the Commission is empowered to adopt implementing decisions granting or refusing application for the authorisation of GMOs and GM food and feed, based on an assessment of the potential risks that they could pose to human or animal health, or the environment. Both Regulation (EC) No 1829/2003 a
Amendment 5 #
Proposal for a regulation Recital 4 (4) The use of genetic engineering in plants and in food and feed is a subject which divides opinion in the Member States and this is reflected in the decision-making process leading to the authorisation of GMOs
Amendment 6 #
Proposal for a regulation Recital 5 Amendment 7 #
Proposal for a regulation Recital 5 (5) Once a GMO or a GM food and feed is authorised in accordance with Directive 2001/18/EC or Regulation (EC) No 1829/2003, the Member States may
Amendment 8 #
Proposal for a regulation Recital 6 Amendment 9 #
Proposal for a regulation Recital 7 source: 565.017
2015/09/18
ENVI
55 amendments...
Amendment 1 #
Draft legislative resolution Citation 4 a (new) - having regard to the opening statement of Jean-Claude Juncker, at that time candidate for President of the European Commission, in his speech in the European Parliament Plenary Session, Strasbourg, 15 July 20141a; ________________ 1a"I will make sure that the procedural rules governing the various authorisations for GMOs are reviewed. I would not want the Commission to be able to take a decision when a majority of Member States has not encouraged it to do so."
Amendment 10 #
Draft legislative resolution Paragraph 2 a (new) 2a. Calls on the Commission to ensure that its new proposal provides for the European Parliament's voice being adequately taken into account when it comes to decisions about GMO authorisations;
Amendment 11 #
Draft legislative resolution Paragraph 2 b (new) 2b. Calls on the Commission not to propose to authorise any new GMO variety and not to renew old ones until the new proposal is agreed upon;
Amendment 12 #
Draft legislative resolution Paragraph 2 c (new) 2c. Calls on the Commission to take a long-term view in reviewing its policy on proteins, and to introduce adequate measures and instruments that support farmers in improving crop rotation systems and locally-grown fodder so as to substantially reduce the current dependence on feed imports;
Amendment 13 #
Draft legislative resolution Paragraph 2 d (new) 2d. Calls on the Commission to provide a balanced basis for democratic decision- making, in particular by improving risk assessment, as GMOs still pose many risks and uncertainties, and by ensuring the necessary resources for independent research on the potential risks involved in the deliberate release or the placing on the market of GMOs;
Amendment 14 #
Draft legislative resolution Paragraph 2 e (new) 2e. Calls on the Commission to increase transparency and choice for consumers by ensuring that products stemming from animals that were fed with GM feed are adequately labelled;
Amendment 15 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 and Article 291(3) thereof,
Amendment 16 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 and Articles 168(7), 169(4) and 193 thereof,
Amendment 17 #
Proposal for a regulation Recital 2 (2) Both Directive 2001/18/EC and Regulation (EC) No 1829/2003 establish a centralised procedure at Union level whereby the Commission is empowered to adopt implementing decisions granting or refusing application for the authorisation of GMOs and GM food and feed, based on an assessment of the potential risks that they could pose to human or animal health, or the environment. Both Regulation (EC) No 1829/2003 a
Amendment 18 #
Proposal for a regulation Recital 4 (4) The use of genetic engineering in plants and in food and feed is a subject which divides opinion in the Member States
Amendment 19 #
Proposal for a regulation Recital 4 (4) The use of genetic engineering in plants and in food and feed is a subject which divides opinion in the Member States and
Amendment 2 #
Draft legislative resolution Citation 4 a (new) - having regard to the speech by the president-elect of the European Commission, Jean-Claude Juncker, in the European Parliament Plenary Session, in Strasbourg, on 15 July 2014;
Amendment 20 #
Proposal for a regulation Recital 4 (4) The use of genetic engineering in plants and in food and feed is a subject which divides opinion in the Member States and this is reflected in the decision-making process leading to the authorisation of GMOs and GM food and feed. Since the date of application of Regulation (EC) No 1829/2003, the results of the voting in the committees or in Council show that there has never been a qualified majority either in favour of or against the authorisation of those products. Therefore, authorisations have been adopted by the Commission at
Amendment 21 #
Proposal for a regulation Recital 5 Amendment 22 #
Proposal for a regulation Recital 5 (5)
Amendment 23 #
Proposal for a regulation Recital 5 (5) Once a GMO or a GM food and feed is authorised in accordance with Directive 2001/18/EC or Regulation (EC) No 1829/2003, the Member States may not prohibit, restrict or impede the free circulation of that product within their territory, except for its placing on the market and in accordance with strict conditions which are laid down by Union law –and require to provide evidence of a severe risk to health or to the environment. Some Member States have had recourse to the safeguard clauses and the emergency measures provided for respectively in Articles 23 of Directive 2001/18/EC and Article 34 of Regulation (EC) No 1829/2003. Other Member States have made use of the notification procedure provided for in Article 114(5) and (6) of TFUE which also is required to be based on new scientific evidence relating to the protection of the environment or the working environment. Other Member States have adopted unilateral prohibitions. Some of these measures have been challenged before national jurisdictions or the Court of justice.
Amendment 24 #
Proposal for a regulation Recital 6 Amendment 25 #
Proposal for a regulation Recital 6 (6)
Amendment 26 #
Proposal for a regulation Recital 6 (6) That situation was changed recently as regards GMOs for cultivation due to the adoption, on 13 March 2015, of Directive (EU) 2015/41214 which amended Directive 2001/18/EC to allow Member States to restrict or prohibit the cultivation of GMOs in their territory. The new provisions are primarily aimed at enabling Member States to decide whether or not they wish to permit the cultivation of GMO crops on their territory
Amendment 27 #
Proposal for a regulation Recital 7 Amendment 28 #
Proposal for a regulation Recital 7 (7) The reasons for the amendments made to Directive 2001/18/EC, by Directive (EU) 2015/412 as regards GMOs for cultivation are also relevant for other GMOs and GM food and feed covered by Regulation (EC) No 1829/2003. Indeed, the results of the vote on the implementing decision for the authorisation of products covered by Regulation (EC) No 1829/2003 which are not intended for cultivation in the relevant committee, or in the Council, is always “no opinion” (no qualified majority either in favour of or against the authorisation) and there are also Member States in which the use of these products is prohibited. Taking those matters into account, it is appropriate to amend Regulation (EC) No 1829/2003 in order to provide the possibility for the Member States to restrict or prohibit the use of GMOs and GM food and feed in all or part of their territory,
Amendment 29 #
Proposal for a regulation Recital 8 Amendment 3 #
Draft legislative resolution Citation 4 b (new) - having regard to the Commission work programme, adopted on 16 December 20141a; __________________ 1a SeeAnnex I of the Commission work programme 2015 ("New initiatives"), point 23: Review of the GMO decision- making process: "The review will look at how the rules could be changed to better ensure the majority view of Member States is taken into account".
Amendment 30 #
Proposal for a regulation Recital 8 (8) Member States should therefore be allowed to adopt measures restricting or
Amendment 31 #
Proposal for a regulation Recital 8 (8) Member States should therefore be allowed to adopt measures restricting or prohibiting the use in all or part of their territory of a GMO or a GM food and feed, or group of GMOs or of GM food and feed, once authorised
Amendment 32 #
Proposal for a regulation Recital 8 (8) Member States should therefore be allowed to adopt measures restricting or prohibiting the
Amendment 33 #
Proposal for a regulation Recital 9 Amendment 34 #
Proposal for a regulation Recital 9 Amendment 35 #
Proposal for a regulation Recital 9 (9) The restrictions or prohibitions adopted pursuant to this Regulation should refer to the
Amendment 36 #
Proposal for a regulation Recital 10 Amendment 37 #
Proposal for a regulation Recital 10 (10) The level of protection of human and
Amendment 38 #
Proposal for a regulation Recital 10 (10) The level of protection of human and animal health and of the environment achieved through the authorisation procedure provided for by Regulation (EC) No 1829/2003 requires a uniform scientific assessment throughout the Union
Amendment 39 #
Proposal for a regulation Recital 11 Amendment 4 #
Draft legislative resolution Citation 4 c (new) - having regard to the proposal for a Council decision concerning the placing on the market for cultivation, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a maize product (Zea mays L., line 1507) genetically modified for resistance to certain lepidopteran pests3 , and the related votes in both regulatory committee (February 2009) and Council (February 2014), where no opinions were delivered;
Amendment 40 #
Proposal for a regulation Recital 11 (11) Member State
Amendment 41 #
Proposal for a regulation Recital 12 Amendment 42 #
Proposal for a regulation Recital 12 (12) In the case where a product was lawfully
Amendment 43 #
Proposal for a regulation Recital 13 Amendment 44 #
Proposal for a regulation Recital 14 (14) Regulation (E
Amendment 46 #
Proposal for a regulation Article 1 a (new) Amendment 47 #
Proposal for a regulation Article 1 Amendment 48 #
Proposal for a regulation Article 1 Regulation (EC) No 1829/2003 Article 34a – paragraph 1 – introductory part 1. Member States may, in their capacity as risk managers, adopt measures restricting or prohibiting the use of products referred to in Article 3(1) and 15(1) authorised pursuant to this Regulation
Amendment 49 #
Proposal for a regulation Article 1 Regulation (EC) No 1829/2002 Article 34a – paragraph 1 – introductory part 1. Member States may adopt measures restricting or prohibiting the
Amendment 5 #
Draft legislative resolution Citation 4 d (new) Amendment 50 #
Proposal for a regulation Article 1 Regulation (EC) No 1829/2003 Article 34a – paragraph 1 – point a Amendment 51 #
Proposal for a regulation Article 1 Regulation (EC) No 1829/2003 Article 34a – paragraph 1 – point a a) reasoned and based on
Amendment 52 #
Proposal for a regulation Article 1 Regulation (EC) No 1829/2003 Article 34a – paragraph 1 – point a a) reasoned and based on compelling grounds in accordance with Union law which shall, in no case, conflict with the risk assessment carried out pursuant this Regulation, so as to avoid any interference with the competences assigned to risk managers;
Amendment 53 #
Proposal for a regulation Article 1 Regulation (EC) No 1829/2003 Article 34a – paragraph 1 – point b Amendment 54 #
Proposal for a regulation Article 1 – paragraph 1 Regulation (EC) No 1829/2003 Article 34a – paragraph 1 – point b a new (ba) not at odds with the principle of free movement of goods established in the Treaty on the Functioning of the European Union, provided that compliance with the specific labelling rules for GMO food and feed laid down in Regulation (EC) No 1829/2003 and Regulation (EC) No 1830/2003 is ensured.
Amendment 55 #
Proposal for a regulation Article 1 Regulation (EC) No 1829/2003 Article 34a – paragraph 5 a new 5a. This regulation does not prevent the Member States from sovereignly deciding to retain or introduce, on their territory, restrictions and prohibitions of private and public GMO testing if necessary to ensure compliance with requirements for public health and safety, biodiversity and existing organic farming productions.
Amendment 6 #
Draft legislative resolution Paragraph 2 2. Calls on the Commission to withdraw its proposal and submit a new proposal implementing the political guidelines presented to the European Parliament;
Amendment 7 #
Draft legislative resolution Paragraph 2 2. Calls on the Commission to withdraw its proposal
Amendment 8 #
Draft legislative resolution Paragraph 2 2. Calls on the Commission to withdraw its proposal and submit a new one, fully taking into account the opposition expressed by the majority of EU Member States to GMO authorisations;
Amendment 9 #
Draft legislative resolution Paragraph 2 a (new) source: 567.727
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