27 Prohibition by Greece on the marketing
of seeds based on an approved line of genetically modified maize
(26796)
11834/05
COM(05) 396
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Draft Council Decision concerning the provisional prohibition in Greece of the marketing of seeds of maize hybrids with the genetic modification maize MON 810 inscribed in the common catalogue of varieties of agricultural plant species, pursuant to Directive 2002/53/EC
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| Legal base | Article 18 of Directive 2002/53/EC; QMV
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| Document originated | 29 August 2005
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| Deposited in Parliament | 6 September 2005
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| Department | Environment, Food and Rural Affairs
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| Basis of consideration | EM of 26 September 2005
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| Previous Committee Report | None
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| To be discussed in Council | 19-20 October 2005
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
27.1 The so-called Common Catalogue is a list of plant varieties
— both conventional and genetically modified (GM) —
eligible for marketing throughout the Community, and, in order
for a GM variety to be listed, it must have been authorised as
safe for cultivation under Directive 2001/18/EC[80]
(formerly Directive 90/220/EEC[81])
on the deliberate release and marketing of Genetically Modified
Organisms (GMOs). Such an authorisation was granted in 1998 for
the cultivation and marketing of a maize line MON 810, and, in
September 2004, 17 maize varieties based on MON 810 were added
to the Common Catalogue. However, although Member States are required
by the Common Catalogue Directive (2002/53/EC) not to restrict
their marketing, except on grounds related to plant and human
health and the environment, Greece has banned the marketing of
these varieties for the 2005 and 2006 growing seasons, and has
asked the Commission to authorise the ban under Directive 2002/53/EC.
It says this is because of concerns about the possible environmental
consequences, but, according to the Commission, it has provided
no information to support this claim. Indeed, the Commission says
that, in response to a letter it had sent asking for clarification,
the Greek authorities said that the adverse effects on the environment
were of an economic nature, and did not concern the environment
in general or human health, adding that they were aware that,
in the application of Community legislation, MON 810 has already
been assessed as safe for the environment and human health.
The current document
27.2 Against this background, the Commission put to the Standing
Committee on Seeds and Propagating Material for Agriculture, Horticulture
and Forestry in July 2005 a draft Decision requiring Greece to
withdraw its marketing prohibition for these 17 varieties. However,
that Committee was unable to reach a qualified majority either
for or against the proposal, and, under the relevant rules of
procedure, it has now been referred to the Council, which has
three months in which to take a view, failing which the Commission
is free to adopt the measure under its own powers.
The Government's view
27.3 In his Explanatory Memorandum of 26 September 2005, the Parliamentary
Under-Secretary of State (Sustainable Farming and Food) at the
Department of Environment, Food and Rural Affairs (Lord Bach)
says that the UK was among those Member States which voted in
favour of the draft Commission Decision in the Standing Committee,
and that, although the outcome of the vote in the Council has
no direct policy implications one way or the other, the UK Presidency
will encourage support for the Commission because its proposal
is based on sound scientific and legal principles previously established
by the Council. Such an approach would also be consistent with
the UK's previous support for the Commission on the safeguard
actions relating to MON 810.
Conclusion
27.4 This draft Decision seeks to repeal the decision of Greece
impose restrictions on the marketing of plant varieties derived
from a genetically modified line of maize for which authorisation
within the Community has already been granted, and, as such, is
supported by the UK. It is also clear that the reason for the
Greek prohibition is economic, rather related to any real health
or environmental risk. For that reason, and notwithstanding the
general interest in matters relating to genetically modified crops,
we are clearing this particular document.
80 OJ No. L.106, 17.4.01, p.1. Back
81
OJ No. L.117, 8.5.90, p.15. Back
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