9 Marketing of a carnation genetically
modified for flower colour
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| Draft Council Decision regarding the placing on the market, in accordance with dir 2001/18/EC, of a carnation (Dianthus caryophyllus L. line 123.2.38) genetically modified for flower colour
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| Legal base | Article 18(1) of Directive 2001/18/EC
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| Department | Environment, Food and Rural Affairs
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| Basis of consideration | EM of 7 November 2006
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| Previous Committee Report | None
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| To be discussed in Council | 18 December 2006
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
9.1 The deliberate release into the environment of genetically
modified organisms (GMOs) is subject to Directive 2001/18/EC.[20]
This provides that, where a GMO is to be placed on the market,
consent should initially be sought from the competent authority
of the Member State concerned, which must then assess the application.
If that authority is minded to recommend approval, it has to forward
its assessment to the Commission, and thence to the other Member
States: if no objections are received within a stated period,
it may give written consent, following which the product concerned
may be marketed within the Community as a whole. On the other
hand, if objections are raised by the Commission or by another
Member State, the matter has to be considered by the Regulatory
Committee of Member States set up under the Directive, on the
basis of a draft Commission Decision — though, if that draft
proposal fails to achieve a qualified majority, it has to be referred
to the Council (which must take a decision by qualified majority
within three months).
The current proposal
9.2 This proposal relates to an application made to the Netherlands
competent authority in September 2004 regarding the placing on
the market for import, distribution and retailing of a carnation
genetically modified for flower colour (but it does not extend
either to its cultivation, or to its use as or in food). The initial
assessment, which was duly transmitted to the Commission and other
Member States, was that the consent should be granted, subject
to certain conditions, and, when this was considered within the
UK — by the Advisory Committee on Releases to the Environment
(ACRE), the Food Standards Agency, the Health and Safety Executive,
the statutory conservation bodies and the GM Inspectorate —
the advice was that this line did not pose an increased risk to
human health or the environment compared with non-GM carnation
varieties.
9.3 A formal UK opinion agreeing to the issuing of
a consent for this carnation was duly submitted to the Commission
in October 2005. However, as some other Member States had raised
objections, the Commission consulted the European Food Safety
Authority (EFSA) which issued an opinion in May 2006 concluding
that cut flowers of this genetically modified carnation line were
unlikely to have an adverse effect on human or animal health in
the context of its proposed ornamental use. The Commission therefore
put to the Regulatory Committee on 18 September 2006 a draft Decision
authorising the consent, but, as this failed to achieve the necessary
qualified majority, it has now been referred to the Council. In
accordance with the timetable laid down in Directive 2001/18/EC,
it is expected to be taken at the meeting of the Environment Council
on 18 December 2006, and, if no qualified majority is reached
then, it will be referred back to the Commission for a decision.
The Government's view
9.4 In his Explanatory Memorandum of 7 November 2006,
the Minister for Climate Change and Environment at the Department
of Environment, Food and Rural Affairs (Mr Ian Pearson) says that
the proposed action is in line with the requirements of Directive
2001/18/EC, and with the Government's own approach to GM policy.
Conclusion
9.5 We note that this application relates to the
importation, distribution and retailing of this line which has
been genetically modified for colour, and does not cover either
its cultivation or its use as or in food. We also note that, on
the basis of the advice received from a range of expert bodies
within the UK, the Government has agreed to the issuing of a consent
in this particular case. Consequently, although we are drawing
this document to the attention of the House, we see no need to
withhold clearance.
20 OJ No. L 106, 17.4.01, p.1. Back
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