EN United in diversity EN A7-0170/27. Amendment

Similar documents
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

10972/14 IV/NC/kp DGB 2

February 2014 Presidency compromise proposal (revised)

COUNCIL OF THE EUROPEAN UNION. Brussels, 23 May 2014 (OR. en) 9371/14 Interinstitutional File: 2010/0208 (COD) LIMITE

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

COMMISSION OF THE EUROPEAN COMMUNITIES COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Proposal for a COUNCIL DECISION

Question and Answers on the regulation of GMOs in the EU

Regional Legal Experiences in Biotechnology in the European Union Towards harmonized regulations to face global challenges.

EUROPEAN UNION. Brussels, 15 May 2014 (OR. en) PE-CONS 65/1/14 REV /0260 (COD) LEX 1536 DENLEG 63 AGRI 190 SAN 126 ENV 251 CODEC 735

Official Journal of the European Union. (Legislative acts) DIRECTIVES

Council of the European Union Brussels, 22 May 2017 (OR. en)

Proposal for a COUNCIL DECISION

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

DRAFT OPINION. EN United in diversity EN. European Parliament 2016/0404(COD) of the Committee on Legal Affairs

Directive (EU) 2015/412 Allowing Member States to restrict or prohibit the cultivation of GMOs in their territory

Official Journal of the European Union. (Legislative acts) REGULATIONS

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

COUNCIL OF THE EUROPEAN UNION. Brussels, 6 September /04 ADD 1 ENV 449 AGRI 219 MI 234 COVER NOTE

EUROPEAN UNION. Brussels, 27 May 2002 (OR. en) PE-CONS 3626/02. Interinstitutional File: 2001/0044 (COD) DRS 28 CODEC 544

***I POSITION OF THE EUROPEAN PARLIAMENT

The GMOs regulatory framework to be enforced in the EU

The EU Legislation on GMOs

laying down detailed arrangements for the exercise of the right to vote and stand

Official Journal of the European Union. (Legislative acts) REGULATIONS

EUROPEAN COMMISSION HEALTH AND FOOD SAFETY DIRECTORATE-GENERAL

Questions and Answers on the Regulation of GMOs in the European Union

Release into Environment of Genetically Modified Organisms Act 1

EUROPEAN UNION. Brussels, 25 April 2014 (OR. en) 2013/0084 (COD) PE-CONS 63/14 STATIS 39 SOC 185 ECOFIN 237 CODEC 711

DIRECTIVE (EU) 2018/958 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

EBA/RTS/2017/ December Final Report. Draft regulatory technical standards. on central contact points under Directive (EU) 2015/2366 (PSD2)

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

DECISIONS. Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,

***I DRAFT REPORT. EN United in diversity EN. European Parliament 2017/0294(COD)

COMMISSION DECISION. of 8 December concerning national provisions notified by Denmark on certain industrial greenhouse gases

Message 791 Communication from the Commission - SG(2012) D/50777 Directive 98/34/EC Notification: 2011/0188/D

Rules and Regulations on GMO-derived food products in the European Union Lynn Insall UK Food and Drink Federation

STANDING COMMITTEE ON THE FOOD CHAIN AND ANIMAL HEALTH SECTION ON GENETICALLY MODIFIED FOOD AND FEED AND ENVIRONMENTAL RISK

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

COMMISSION DELEGATED REGULATION (EU) No /.. of XXX

(Legislative acts) DIRECTIVE 2014/55/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 April 2014 on electronic invoicing in public procurement

RSPG opinion on the process for EU assistance in bilateral negotiations with third countries and between EU countries

Case C-233/94. Federal Republic of Germany v European Parliament and Council of the European Union

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

EU Food Law. protect public health (human, animal and plant);

CONTEXT AND CONTENT OF THE PROPOSAL

***I POSITION OF THE EUROPEAN PARLIAMENT

EUROPEAN PARLIAMENT. Committee on the Environment, Public Health and Consumer Policy

COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT. Accompanying the document. Proposal for a

14838/18 VK/vk 1 TREE.2.A

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Consultation Paper. Draft Regulatory Technical Standards

Committee on Agriculture and Rural Development

COMMISSION IMPLEMENTING REGULATION (EU) /... of XXX

EUROPEAN COMMISSION SUMMARY REPORT OF THE STANDING COMMITTEE ON PLANTS, ANIMALS, FOOD AND FEED HELD IN BRUSSELS ON 16 MARCH 2015

Council of the European Union Brussels, 4 February 2019 (OR. en)

COMMISSION IMPLEMENTING DECISION. of XXX

COUNCIL OF THE EUROPEAN UNION. Brussels, 26 November 2013 (OR. en) 16162/13 Interinstitutional File: 2013/0213 (COD)

Delegations will find attached document D045830/03.

ECB-PUBLIC OPINION OF THE EUROPEAN CENTRAL BANK. of 4 October 2017

Protocol (No 2) on the application of the principles of subsidiarity and proportionality (Lisbon, 13 December 2007)

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

6515/18 AM/am 1 DG E 1A

THE EUROPEAN CONVENTION

DRAFT GUIDANCE DOCUMENT ON THE LOW VOLTAGE DIRECTIVE TRANSITION

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

DGE 1 EUROPEAN UNION. Brussels, 27 April 2018 (OR. en) 2015/0274 (COD) PE-CONS 10/18 ENV 127 CODEC 251

Official Journal of the European Union. (Acts whose publication is obligatory)

Manufacturers Guideline to the Construction Product Regulation and its Implementation

QUESTIONS AND ANSWERS ON THE REGULATION OF GMOS IN THE EUROPEAN UNION

M1 DIRECTIVE 2001/16/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 March 2001 on the interoperability of the conventional rail system

EUROPEAN DATA PROTECTION SUPERVISOR

Committee on Civil Liberties, Justice and Home Affairs. of the Committee on Civil Liberties, Justice and Home Affairs

STANDING COMMITTEE ON THE FOOD CHAIN AND ANIMAL HEALTH SECTION ON GENETICALLY MODIFIED FOOD AND FEED AND ENVIRONMENTAL RISK

10728/4/16 REV 4 ADD 1 psc 1 DRI

EUROPEAN UNION. Brussels, 27 February 2014 (OR. en) 2012/0190 (COD) PE-CONS 120/13 ENV 1159 ENT 332 CODEC 2811

EN SANCO/2006/ EN EN

THE PRINCIPLE OF SUBSIDIARITY

Committee on Agriculture and Rural Development

The relationship between Directive 2001/95/EC and the Mutual Recognition Regulation

14226/18 VK/el 1 TREE.2.A

COMMISSION OF THE EUROPEAN COMMUNITIES. Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

DRAFT. Desiring to settle, in conformity with the Treaties, certain issues raised by the United Kingdom in its letter of 10 November 2015,

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

ECB-PUBLIC OPINION OF THE EUROPEAN CENTRAL BANK. of 2 March on a proposal for a regulation of the European Parliament and of the Council

COMMISSION DIRECTIVE 2010/60/EU

DIRECTIVE (EU) 2018/2002 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 December 2018 amending Directive 2012/27/EU on energy efficiency

Official Journal of the European Union L 347/303

European Commission, Task Force for the Preparation and Conduct of the Negotiations with the United Kingdom under Article 50 TEU

The Reform of European Data Protection Law

7502/18 1 JUR LIMITE EN

EUROPEAN PARLIAMENT ***I DRAFT REPORT. Committee on Industry, Research and Energy 2007/0247(COD)

An Introduction to the Directive 2014/31/EU The new NAWI Directive

Environmental monitoring plan for soybean MON 89788

RECOMMENDATIONS. (Text with EEA relevance) (2014/897/EU)

Contained use of genetically modified organisms in the Czech Republic

COMMISSION OF THE EUROPEAN COMMUNITIES COMMISSION RECOMMENDATION. of 23 July 2003

Transcription:

29.6.2011 A7-0170/27 27 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 safety 1, and thus to ensure effective coordination and cooperation between scientists, and which underlines the importance of the full application of Article 30 of Regulation 178/2002/EC, which requires 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.

Or. en

29.6.2011 A7-0170/28 28 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 entitled to take by application of Article 26a of Directive 2001/18/EC to avoid the unintended presence of GMOs in other products. (6) In this context, it appears appropriate to grant to 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 changing the system of Union authorisations of GMOs and independently of the measures that Member States are entitled to take by application of Article 26a of Directive 2001/18/EC to avoid the unintended presence of GMOs in other products. Or. en

29.6.2011 A7-0170/29 29 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. 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. (7) Member States should therefore be authorised to adopt, on a case-by-case basis, measures restricting or prohibiting the cultivation of 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. Cultivation is closely linked to land use and conservation of fauna and flora, areas in which the Member States retain significant powers. The possibility for Member States to adopt such 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. Those measures should allow all operators concerned, including growers,

sufficient time to adapt. Or. en

29.6.2011 A7-0170/30 30 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. 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. (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 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. Those measures may be based on grounds relating to complementary environmental factors, which might arise from the deliberate release or the placing on the market of GMOs where those factors have not been addressed as part of the harmonised procedure provided for in Part C of Directive 2001/18/EC. Those measures should be duly justified on scientific grounds or on grounds related to risk management which might arise from the deliberate release or the placing on the market of GMOs. Those measures should

furthermore be proportionate and 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. Or. en

29.6.2011 A7-0170/31 31 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 than scientific assessment of health and environmental risks to ban cultivation of GMOs on their territory. 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 27 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 (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 flexibility to Member States to restrict or prohibit the cultivation of GMOs on their territory on grounds relating to complementary environmental factors, which might arise from the deliberate release or the placing on the market of GMOs where those factors have not been addressed as part of the harmonised procedure provided for in Part C of Directive 2001/18/EC. 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 27 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

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. 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. Or. en

29.6.2011 A7-0170/32 32 Article 1 - point -1 (new) Directive 2001/18/EC Article 26a - paragraph 1 a (new) In Article 26a, the following paragraph is inserted: "1a. Member States shall take appropriate measures on their territory to avoid the unintended presence of GMOs affecting border areas of neighbouring Member States." Or. en