Activities of Giovanni LA VIA related to 2010/0208(COD)
Plenary speeches (1)
Possibility for the Member States to restrict or prohibit the cultivation of GMOs (A8-0038/2014 - Frédérique Ries) IT
Amendments (6)
Amendment 36 #
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 in accordance with Annex II to Directive 2001/18/EC. 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. AIn that context, the appropriate legal basis is Article 114 TFEU, reflecting this comprehensive level of protection. However, a uniform high level of protection of health and the, safety, environment as well as consumers should be achieved and maintained throughout the territory of the Union.
Amendment 44 #
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 justified 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 regulations27 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 80 #
Council position
Recital 7 a (new)
Recital 7 a (new)
(7a) To ensure that the cultivation of GMO does not result in the unintended presence of GMO in other products, effective co-existence measures are indispensable. Member States should therefore be entitled, under Directive 2001/18/EC, to adopt rules applicable to their territories to avoid such unintended presence. Particular attention should be paid to any possible cross-border contamination from a Member State or a region where cultivation is allowed into a neighbouring Member State or region where it is prohibited. For a coherent implementation of such rules, including in border areas, Members States should refer to the guidelines as provided by the Commission in its Recommendation of 13 July 20101a. __________________ 1aCommission Recommendation of 13 July 2010 on guidelines for the development of national co-existence measures to avoid the unintended presence of GMO in conventional and organic crops (OJ C 200, 22.7.2010, p.1)
Amendment 120 #
Council position
Recital 11 c (new)
Recital 11 c (new)
(11c) Member States should be allowed to base measures restricting or prohibiting the cultivation of GMOs also on other grounds that may include land use, town and country planning, or other legitimate factors including those relating to cultural traditions.
Amendment 171 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2001/18/EC
Article 26 b – paragraph 1
Article 26 b – paragraph 1
1. During the authorisation procedure of a given GMO or during the renewal of consent/authorisation, a Member State may request, via the Commission, to present to the notifier/applicant its demand to adjust the geographical scope of its notification/application submitted in accordance with Part C of this Directive or Regulation (EC) No 1829/2003, to the effect that all or part of the territory of that Member State is to be excluded from cultivation. This request shall be communicated to the Commission at the latest 30 days from the date of the circulation of the assessment report under Article 14(2) of this Directive, or from receiving the opinion of the Authority under Article 6(6) and Article 18(6) of Regulation (EC) No 1829/2003. The Commission shall communicate the request of the Member State to the notifier/applicant and to the other Member States without delay.
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.