10 Amendments of Jean-François JALKH related to 2010/0208(COD)
Amendment 37 #
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 taking into account, in accordance with Annex II to Directive 2001/18/EC the direct, indirect, immediate, delayed and cumulative effects of the GMOs, as well as the cumulative effects of the GMOs together with their associated plant protection products, on human health and the environment. 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. A uniform high level of protection of health and the environment should be achieved and maintained throughout the territory of the Union.
Amendment 55 #
Council position
Recital 3
Recital 3
(3) In addition to the authorisation for placing on the market, genetically modified varieties also need to comply with the requirements of Union law on the marketing of seed and plant propagating material, as set out in particular in Council Directives 66/401/EEC6, 66/402/EEC7, 68/193/EEC8, 98/56/EC9, 99/105/EC10, 2002/53/EC 11, 2002/54/EC12, 2002/55/EC13, 2002/56/EC14, 2002/57/EC15 and 2008/90/EC16. Among those Directives, Directives 2002/53/EC and 2002/55/EC contain provisions which allow the Member States to prohibit, under certain well defined conditions, the use of a variety in all or in part of their territory or to lay down appropriate conditions for the cultivation of a variety. __________________ 6 Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed ( OJ P 125, 11.7.1966, p. 2298). 7 Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (OJ P 125 11.7.1966, p. 2309). 8Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine (OJ L 93, 17.4.1968, p. 15). 9 Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants (OJ L 226, 13.8.1998, p. 16). 10 Council Directive 99/105/EC of 22 December 1999 on the marketing of forest reproductive material (OJ L 11, 15.1.2000, p. 17). 11 Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (OJ L 193, 20.7.2002, p. 1). 12 Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed (OJ L 193, 20.7.2002, p. 12). 13 Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 193, 20.7.2002, p. 33). 14 Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes (OJ L 193, 20.7.2002, p. 60). 15 Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (OJ L 193, 20.7.2002, p. 74). 16 Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (OJ L 267, 8.10.2008, p. 8).
Amendment 57 #
Council position
Recital 4
Recital 4
(4) Once a GMO is authorised for cultivation purposes in accordance with the Union legal framework on GMOs and complies, as regards the variety that is to be placed on the market, with the requirements of Union law on the marketing of seed and plant propagating material, the Member States are which authorised that GMO for cultivation purposes is not authorised to prohibit, restrict, or impede its free circulation within theirits territory, except under the conditions defined by Union law. Member States which have not authorised a GMO for cultivation purposes are authorised to prohibit, restrict, or impede its free circulation within their territory.
Amendment 68 #
Council position
Recital 6 a (new)
Recital 6 a (new)
(6a) A Member State should have the right at any time to suspend authorisation for cultivation of a GMO if it considers that its cultivation is detrimental to the welfare of people and the environment in the region concerned, without having to await scientific evidence overturning the view that the product is harmless to human health or the environment. Such suspension should be accompanied by payment of compensation to the producers affected in proportion to their estimated losses.
Amendment 72 #
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 or market GMO crops on their territory, in the form of raw materials harvested or of products processed by the agri-food industry, 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 entitlrequired to take by application of Directive 2001/18/EC to avoid the unintended presence of GMOs in other products. 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 on their territory and in the border areas of neighbouring Member States.
Amendment 125 #
Council position
Recital 13
Recital 13
(13) The restrictions or the prohibitions adopted pursuant to this Directive should refer to the cultivation, 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, and should furthermore be in conformity with the Treaties, in particular as regards the principle of non- discrimination between national and non- national products, the principle of proportionality and Article 34, Article 36 and Article 216(2) TFEU.
Amendment 147 #
Council position
Recital 20
Recital 20
(20) This Directive is without prejudice toshould not be regarded as endorsing Member States' obligations as regards the free movement of conventional seeds, plant propagating material and of the product of the harvest pursuant to relevant Union law and in accordance with the TFEU, and opens up new prospects concerning the applicable EU law with regard to state sovereignty.
Amendment 251 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 4 – subparagraph 1 – point a
Article 26 b – paragraph 4 – subparagraph 1 – point a
Amendment 274 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 6
Article 26 b – paragraph 6
6. Where a Member State wishes all or part of its territory to be reintegrated into the geographical scope of the consent/authorisation from which it was previously excluded pursuant to paragraph 2, it may make a request to that effect to the competent authority which issued the written consent under this Directive or to the Commission if the GMO has been authorised under Regulation (EC) No 1829/2003. The competent authority which has issued the written consent or the Commission, as the case may be, shall amend the geographical scope of the consent or of the decision of authorisation accordingly. The Member State must, however, justify the reintegration of the area and must consult the local authorities or, directly, the inhabitants of the area concerned.
Amendment 307 #
Council position
Article 2
Article 2
No later than 4 years after…+, the Commission shall 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. TDuring that period the Commission shall also report on the progress towards giving nsk the EFSA to revise its assessment method. The guidance published in 2010 must be revised to incorpormative status to the strengthened 2010 Authority guidance on the environmental risk assessment of genetically modified plante the findings of the study into the impact of combined GMOs, or stacked events, on animals. In addition, the studies must cover a longer period and a larger number of animals. __________________ + OJ: please insert the date of the entry into force of this Directive.