15 Use of genetically modified maize
in Hungary
| (30387)
5685/09
COM(09) 12
| 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
|
| Legal base | Article 5(6)(2) of Council Decision 1999/468; QMV
|
| Document originated | 21 January 2009
|
| Deposited in Parliament | 27 January 2009
|
| Department | Environment, Food and Rural Affairs
|
| Basis of consideration | EM of 10 February 2009
|
| Previous Committee Report | None, but see footnote 44
|
| To be discussed in Council | 2 March 2009
|
| Committee's assessment | Politically important
|
| Committee's decision | Cleared
|
Background
15.1 The deliberate release into the environment of genetically
modified organisms (GMOs) within the Community is now subject
to Directive 2001/18/EC.[43]
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support them, they must be repealed by the Member State in question.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
15.2 This document deals with a prohibition first introduced by
Hungary in January 2005 on a variety of genetically modified maize
(Zea mays L. MON 810), which was initially approved in 1998. 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 the Council had requested the Commission
to review the position. However, when the Commission then put
to the Regulatory Committee in September 2006 a proposal requiring
Hungary to repeal its prohibition, this did not receive the necessary
qualified majority. It was therefore referred to the Council for
a decision,[44] but on
20 February 2007, the Council rejected the proposal by a qualified
majority.
15.3 Hungary subsequently submitted additional information
to the Commission to support its prohibition, but, after assessing
this, the EFSA concluded in July 2008 that it did not invalidate
the previous risk assessment relating to this genetically modified
maize line. As a result, the Commission has re-submitted its proposal
to the Council, requesting Hungary to withdraw its safeguard action.
The Government's view
15.4 In his Explanatory Memorandum of 10 February
2009, the Minister for the Natural and Marine Environment, Wildlife
and Rural Affairs at the Department for Environment, Food and
Rural Affairs (Mr Huw Irranca-Davies) points out that, when the
matter was referred to the Council in February 2007, the UK supported
the Commission's proposal, in the light of the advice from the
EFSA and the UK's own statutory body, the Advisory Committee on
Releases to the Environment (ACRE). He adds that the course of
action now proposed is again supported by ACRE, and is in line
with the requirements of Directive 2001/18/EC.
Conclusion
15.5 This proposal raises issues identical to
those which arose on the original proposal which we considered
in November 2006. Consequently, although we think it right
to draw it to the attention of the House, we are again clearing
it.
43 OJ No. L 106, 17.4.01, p.1. Back
44
(28031) 15786/06: see HC41-ii (2006-07), chapter 10 (29 November
2006). Back
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