10 Use of genetically modified maize
in Hungary
| (28031)
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| Draft Council Decision concerning the provisional prohibition of the use and sale in Hungary of genetically modified maize (Zea mays L. line MON 810) pursuant to Directive 2001/18/EC
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| Legal base | Article 23(2) of Directive 2001/18/EC; QMV
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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, but see footnote
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| To be discussed in Council | December 2006
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
10.1 The deliberate release into the environment of genetically
modified organisms (GMOs) within the Community is now subject
to Directive 2001/18/EC.[21]
In particular, where a consent for a particular GMO has been granted,
a Member State is nevertheless permitted to restrict or prohibit
provisionally its use and/or sale in its territory if new scientific
evidence comes to light of risks to human health or the environment
which have not previously been considered. Any such measures then
have to be considered by the Member States as a whole within the
Regulatory Committee set up for this purpose under the Directive,
and, if that Committee decides by the requisite majority not to
support them, they must be repealed by the Member State in question.
The current proposal
10.2 This document deals with a prohibition introduced by Hungary
in January 2005 on a variety of genetically modified maize (Zea
mays L. MON 810), which was initially approved in 1998. However,
when the Commission consulted the European Food Safety Authority
(EFSA), the Authority concluded in January 2005 that no new evidence
had been produced in terms of risk to human health or the environment
which would invalidate the earlier approval, a view which it reiterated
in March 2006 after it had been consulted further following the
opposition of the Environment Council to a proposal[22]
which would have required Austria to repeal a similar measure
in respect of this particular maize line. However, when the Commission
subsequently put to the Regulatory Committee in September 2006
a proposal requiring Hungary to repeal its prohibition, this too
did not receive the necessary qualified majority. It has therefore
now been referred to the Council for a decision, which is expected
to be taken next month.
The Government's view
10.3 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 UK's own
statutory body, the Advisory Committee on Releases to the Environment
(ACRE), agrees with the EFSA that no new relevant scientific evidence
has been provided in support of the Hungarian safeguard actions,
and that, in the Regulatory Committee, the UK voted in favour
of the Commission proposal to repeal them.
Conclusion
10.4 This proposal raises issues identical to those on a proposal
which we have considered recently regarding a prohibition introduced
by Austria on this same maize line. Consequently, although
we think it right to draw it to the attention of the House, we
are clearing it.
21 OJ No. L 106, 17.4.01, p.1. Back
22
(27898) 13767/06; see HC 34-xl (2005-06), para 3 (1 November 2006)
and HC 41-i (2006-07), para y (22 November 2006). Back
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