32 MARKETING OF PRODUCTS CONTAINING
GENETICALLY MODIFIED MAIZE
(30907)
13202/09
COM(09) 457
| Draft Council Decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize MON 89034 (MON-89Ø34-3) pursuant to Regulation (EC) No. 1829/2003
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Legal base | Regulation (EC) No. 1829/2003: QMV
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Documents originated | 8 September 2009
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Deposited in Parliament |
15 September 2009 |
Department | Food Standards Agency
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Basis of consideration |
EM 7 October 2009 |
Previous Committee Report |
None |
To be discussed in Council
| 19-20 October 2009 |
Committee's assessment | Politically important
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Committee's decision | Cleared
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Background
32.1 The marketing of genetically modified organisms within the
Community is governed by two pieces of legislation Directive
2001/18/EC,[119] which
controls the release into the environment of the genetically modified
product itself (typically maize), and Regulation (EC) No. 1829/2003,[120]
which authorises the placing on the market of food or feed products
containing such material. In the latter case, the initial application
is made to the relevant authority in the Member State concerned,
which forwards details to the Commission, other Member States
and the European Food Safety Authority (EFSA). Once the Authority
has given its opinion, the Commission puts a draft Decision to
a Standing Committee of Member States' representatives, and the
Decision is adopted if it secures the necessary qualified majority:
if it does not, the matter is referred to the Council, which then
has three months in which to reach a decision, failing which the
Commission may adopt its original proposal.
The current proposal
32.2 This document deals with the authorisation of food, feed
and other products produced from genetically modified maize MON
88017. An application was submitted to the Netherlands, and subsequently
received a favourable opinion from the European Food Safety Authority
(EFSA), which concluded that it was unlikely that this would have
adverse effects on human or animal health or the environment.
32.3 In the light of that opinion, a draft Commission
Decision authorising the marketing of the products in question
was prepared, and submitted to the Standing Committee on the Food
Chain and Animal Health 22 July 2009, when 14 Member States (167
votes) were in favour of the proposal, 9 Member States (109 votes)
were against, three (65 votes) abstained, and one (4 votes) was
not represented. Since support for the proposal fell short of
the qualified majority required, it has now been referred to the
Council for a decision under the relevant rules of procedure (see
above).
The Government's view
32.4 In an Explanatory Memorandum of 7 October 2009,
the Minister of State at the Department for Health (Gillian Merron)
says that the UK accepts the safety advice from the EFSA, and
considers that there are no grounds for not supporting authorisation.
She also points out that the proposal relates, not to cultivation
within the Community, but to the use of imported products.
Conclusion
32.5 Although the authorisation of products containing
genetically modified crops remains a matter of public interest,
the content of this proposal is in line with the advice provided
by the European Food Safety Authority, and is supported by the
UK. We are therefore clearing it.
119 OJ No. L 106, 17.4.01, p.1. Back
120
OJ No. L 268, 18.10.03, p.1. Back
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