G/TBT/N/EU/284  
 
20 May 2015  
(15-2634)  Page: 1/2  
Committee on Technical Barriers to Trade  Original: English  
 
  NOTIFICATION 
The following notification is being circulated in accordance with Article 10.6 
 
1. Notifying Member: EUROPEAN UNION  
If applicable, name of local government involved (Article 3.2 and 7.2):    
2. Agency responsible: European Commission 
Name and address (including telephon e and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above :  
European Commission 
EU-TBT Enquiry Point 
Fax: +(32) 2 299 80 43 E-mail: grow-eu-tbt@ec.europa.eu  
Website: http://ec.europa.eu/growth/tools-databases/tbt/  
3. Notified under Article 2. 9.2 [ ], 2.10.1 [ ], 5.6.2 [  ], 5.7.1 [  ], other: This notification 
is for transparency purposes and does not prejudge the position of the European Union on 
the applicability of the TBT Agreement to the notified measures, or on the nature and 
effects of the measure itself.  
4. Products covered (HS or CCCN where applic able, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable): Genetically modified 
food and feed in the sense of Articles 3 an d 15 of Regulation (EC) No 1829/2003 of the 
European Parliament and of the Council on genetically modifi ed food and feed. 
5. Title, number of pages and language(s) of the notified document: Proposal for a 
Regulation of the European Parliament and of the Council amending Regulation (EC) No 
1829/2003 as regards the possibility for the Member States to restrict or prohibit the use of 
genetically modified food and feed on their territory (COM(2015) 177 final) (13 pages, in English; 14 pages, in French; 14 pages, in Spanish). 
6. Description of content: Once adopted by the European Parliament and the Council of the 
EU, this proposal will create a legal basis for the EU Member States to restrict or ban, if 
they deem it necessary in a given case, the use of EU authorised genetically modified food 
and feed on the basis of compelling grounds and in accordance with EU law (and, in particular, the principles of proportionality and non-discrimination) and which shall, in no 
case conflict with the risk assessment carried out pursuant to Regulation 
(EC) No 1829/2003. The proposal concerns the possibility to introduce restrictions on the use of genetically modified food and feed, not the import and the placing on the market in the EU. Any national restrictions would not extend to food and feed in which there is a 
presence of EU authorised GMOs, if this presence is below the labelling threshold 
applicable to these products (0.9% by ingredients) and is adventitious or technically unavoidable.  
7. Objective and rationale, including the nature of urgent problems where applicable: 
The purpose of this measure is to allow Member States to take into account other 
considerations than those assessed under the EU procedure of authorisation. This proposal 
will not affect the EU system of authorisation, which remains science-based.  G/TBT/N/EU/284 
 
- 2 - 
 
  8. Relevant documents:  Regulation (EC) No 1829/2003 of the European Parliament and of 
the Council of 22 September 2003 on genetically modified food and feed ( OJ L 268, 
18.10.2003, p. 1–23 ) 
http://eur-lex.europa.eu/legal-
content/EN/TXT/?qid=1430723608901&uri=CELEX:32003R1829 
9. Proposed date of adoption: End 2016 
Proposed date of entry into force: 20 days from publication in the Official Journal of the 
EU   
10. Final date for comments: 90 days from notification 
11. Texts available from: National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:   
European Commission 
EU-TBT Enquiry Point 
Fax: + (32) 2 299 80 43 
E-mail: grow-eu-tbt@ec.europa.eu  
The text is available on the Website: http://ec.europa.eu/growth/tools-databases/tbt/  
http://eur-lex.europa.eu/legal-
content/EN/TXT/?qid=1430723439966&uri=CELEX:52015PC0177  
https://members. wto.org/crnattachments/2015/TBT/EEC/15_2067_00_e.pdf