20 Amendments of Michèle RIVASI related to 2010/0208(COD)
Amendment 19 #
Proposal for a regulation - amending act
Recital 2 a (new)
Recital 2 a (new)
(2a) In line with the conclusions of the Environmental Council of 4 December 2008, the Commission should, as a priority, ensure the proper implementation of the provisions of Directive 2001/18/EC, particularly the requirements of Annex II on the environmental risk assessment. Until the risk assessment provisions are properly implemented, no new GMO variety should be authorised.
Amendment 26 #
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 issues related to the placing on the market and the import of GMOs, which should remain regulated at EU level to preserve the internal market, cultivation has been acknowledged as an issue with a strong local/regional dimension. Moreover, the harmonised environmental and health risks assessment might not address all possible impacts of GMO cultivation in different regions and ecosystems. In accordance with Article 2(2) TFEU 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 EU market.
Amendment 31 #
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 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 entitlrequired to take by application of Article 26a of Directive 2001/18/EC to avoid the unintended presence of GMOs in other products.
Amendment 36 #
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 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. ThiCultivation is in fact closely linked to land use and the conservation of fauna and flora, areas in which the Member States retain significant powers. National territories are characterised by an ample diversity of ecosystems. Any impacts on these ecosystems, in particular by possible changes of agricultural practices, may also have health implications. The possibility of adopting these 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. 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 37 #
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 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. The grounds given by the Member States may include consideration of environmental or health impacts complementary to those already covered by the risk assessment provided for in Part C of Directive 2001/18/EC, and may thus, at least partially, include the consideration of scientific data relating to the central, local or regional environmental impact on receiving environments or relate to the persistence of scientific uncertainty regarding environmental or health impacts examined during the risk assessment process, or the absence or lack of sufficient data on potential negative impacts. Those grounds may also depend on factors that are not directly connected with the risk assessment, but are linked to risk management or other national policies. The grounds given by the Member States may also include, inter alia, the risk of resistance development in weeds or in the target organisms, the invasive potential of the plant, the prevention of negative environmental or health impacts of unsustainable farming practices or to the protection and maintenance of agricultural practices that preserve the sustainability of ecosystems. They may also, inter alia, include socio- economic considerations such as the practicality and cost of the measures laid down in Article 26a of Directive 2001/18/EC for avoiding the unintended presence of GMOs in other products, fragmentation of the territory, changes in agricultural practices linked to intellectual property regimes, or social policy objectives such as the conservation of diversity or distinctive agricultural practices. 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. .
Amendment 50 #
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 freedom to Member States to invoke other grounds thancomplementary to, or differing from, the scientific assessment of health and environmental risks to ban cultivation of GMOs on their territory or which have not been addressed properly in the risk assessment. 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 55 #
Proposal for a regulation – amending act
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2001/18/EC
Article 22
Article 22
Directive 2001/18/EC shall be amended as follows: (-1) Article 22 shall be replaced by the following: ‘Article 22 Free circulation Without prejudice to Article 23 or Article 26b, Member States may not prohibit, restrict or impede the placing on the market of GMOs, as or in products, which comply with the requirements of this Directive.’
Amendment 56 #
Proposal for a regulation – amending act
Article 1 – point -1 a (new)
Article 1 – point -1 a (new)
Directive 2001/18/EC
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
Directive 2001/18/EC shall be amended as follows: (-1a) In Article 25, the following paragraph shall be inserted: ‘4a. Without undue prejudice to the protection of intellectual property rights, the access to material necessary for independent research on potential risks of GMOs, such as seed material, shall not be restricted or impeded.’
Amendment 57 #
Proposal for a regulation – amending act
Article 1 – point -1 b (new)
Article 1 – point -1 b (new)
Directive 2001/18/EC
Article 26 a – paragraph 1
Article 26 a – paragraph 1
Directive 2001/18/EC shall be amended as follows: (-1b) Article 26a(1) shall be replaced by the following: ‘1. Member States shall take all appropriate measures to avoid the unintended presence of GMOs in other products on their territory and on the territory of other Member States.’
Amendment 67 #
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 – introductory part
Article 26 b – paragraph 1 – point a – introductory part
(a) those measures are based on grounds other than those related to the assessment of the adverse effect on health and environment which might arise from the deliberate release or the placing on the market of GMOs;
Amendment 68 #
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 – point i (new)
Article 26 b – paragraph 1 – point a – point i (new)
(i) grounds relating to environmental or health impacts which might arise from the deliberate release or the placing on the market of GMOs, and which are complementary to the environmental or health impacts examined during the risk assessment process conducted under Part C of this Directive or have not been sufficiently dealt with as part of this assessment; or
Amendment 69 #
Proposal for a regulation - amending act
Article 1 – point 1
Article 1 – point 1
(ii) the persistence of scientific uncertainty regarding environmental and health impacts examined during the risk assessment process conducted under Part C of this Directive; or
Amendment 70 #
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 – point iii (new)
Article 26 b paragraph 1 – point a – point iii (new)
(iii) the absence or lack of data on the potential negative impacts of the release of GMOs on the territory, biodiversity or population of the Member State; or
Amendment 71 #
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 – point iv (new)
Article 26 b paragraph 1 – point a – point iv (new)
(iv) grounds relating to the prevention of the development of pesticide resistance amongst weeds and pests; or
Amendment 72 #
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 – point v (new)
Article 26 b paragraph 1 – point a – point v (new)
(v) grounds relating to the invasiveness or persistence of a GM-variety, or to the possibility of interbreeding with domestic cultivated or wild plants; or
Amendment 73 #
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 – point vi (new)
Article 26 b paragraph 1 – point a – point vi (new)
(vi) grounds relating to the prevention of negative environmental and health impacts of unsustainable farming practices; or
Amendment 74 #
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 – point vii (new)
Article 26 b paragraph 1 – point a – point vii (new)
( vii) grounds relating to the protection and maintenance of agricultural practices that preserve the sustainability of ecosystems, the maintenance of certain habitats and ecosystems, or certain types of natural and landscape features; or
Amendment 75 #
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 – point viii (new)
Article 26 b paragraph 1 – point a – point viii (new)
(viii) other grounds that may include, inter alia, changes in agricultural practices, land use, town and country planning, socio-economic impacts, or other legitimate factors;
Amendment 111 #
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
By way of derogation to Directive 98/34/EC, Member States that intend to adopt reasoned measures under this Article shall communicate them to the other Member States and to the Commission, one month prior to their adoption for information purposes’.
Amendment 114 #
Proposal for a regulation - amending act
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 2001/18/EC
Article 26 b a (new)
Article 26 b a (new)
(1a) The following Article shall be inserted: ‘Article 26 ba Liability requirements Member States shall establish a general mandatory system of financial liability and financial guarantees, for example through insurance, which applies to all business operators and which ensures that the polluter pays for unintended effects or damages that might occur due to the deliberate release or the placing on the market of GMOs.’