7 Amendments of Herbert DORFMANN related to 2010/0208(COD)
Amendment 21 #
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/territorial dimension and as of particular importance for the self- determination of Member States. In accordance with Article 2(2) TFEU Member States should therefore be entitled to have a possibility to adopt rulebinding legislative provisions concerning the effective cultivation of GMOs in their territory after the GMO has been legally authorised to be placed on the EU market.
Amendment 30 #
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 particularindividual GMOs, particular groups of GMOs or all 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.
Amendment 41 #
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 harmonizse the conditions of cultivation in Member States but to grant freedom to Member States to invoke other grounds than scientific assessmentrestrict or ban cultivation of GMOs on their territory because of health and environmental risks to ban culor other legitivmation of GMOs on their territorye factors, such as, for example, on socio-economic grounds. 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 45 #
Proposal for a regulation – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2001/18/EC
Article 26b – paragraph 1
Article 26b – paragraph 1
Member States may adopt measures restricting or prohibiting the cultivation of all or particularindividual GMOs, particular groups of GMOs or all 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, in all or part of their territory, provided that:
Amendment 51 #
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
Article 26 b – paragraph 1 - point a
(a) those measures are based on grounds other than those related to the assessthe protection of health, of the environment, of the adverse effect on health and environmentbiodiversity and of organic or conventional farming or on other socio- economic factors which might arise from the deliberate release or the placing on the market of GMOs;
Amendment 214 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 3 – subparagraph 1 – point d
Article 26 b – paragraph 3 – subparagraph 1 – point d
(d) socio-economic impacts such as the impracticability or the high costs of coexistence measures due to specific geographical conditions such as small islands or mountainous regions;
Amendment 271 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 5 a (new)
Article 26 b – paragraph 5 a (new)
5a. A Member State which intends to adopt measures pursuant to paragraph 3, shall ensure that farmers who cultivated such crops are legally granted sufficient time to finish the ongoing cultivation season.