Documents considered by the Committee on 14 October 2009, including the following recommendations for debate: Security of gas supply, Financial management - European Scrutiny Committee Contents


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


Legal baseRegulation (EC) No. 1829/2003: QMV
Documents originated8 September 2009
Deposited in Parliament 15 September 2009
DepartmentFood Standards Agency
Basis of consideration EM 7 October 2009
Previous Committee Report None
To be discussed in Council 19-20 October 2009
Committee's assessmentPolitically important
Committee's decisionCleared

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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