# C_2018215EN.01008301.xml

| 19.6.2018 | EN | Official Journal of the European Union | C 215/83 |
| --- | --- | --- | --- |

19.6.2018

EN

Official Journal of the European Union

C 215/83

---

P8_TA(2016)0390

Placing on the market of genetically modified cotton 281-24-236 × 3006-210-23 × MON 88913

European Parliament resolution of 6 October 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton 281-24-236 × 3006-210-23 × MON 88913 (DAS-24236-5×DAS-21Ø23-5×MON-88913-8) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D046168/00 — 2016/2923(RSP))

(2018/C 215/17)

The European Parliament,

The European Parliament

| — | having regard to the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton 281-24-236 × 3006-210-23 × MON 88913 (DAS-24236-5×DAS-21Ø23-5×MON-88913-8) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D046168/00, |
| --- | --- |

—

having regard to the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton 281-24-236 × 3006-210-23 × MON 88913 (DAS-24236-5×DAS-21Ø23-5×MON-88913-8) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D046168/00,

| — | having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (1), and in particular Article 7(3) and Article 19(3) thereof, |
| --- | --- |

—

having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (1), and in particular Article 7(3) and Article 19(3) thereof,

1

| — | having regard to Articles 11 and 13 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (2), |
| --- | --- |

—

having regard to Articles 11 and 13 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (2),

2

| — | having regard to the vote held on 8 July 2016 in the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003, with no opinion being delivered, |
| --- | --- |

—

having regard to the vote held on 8 July 2016 in the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003, with no opinion being delivered,

| — | having regard to the opinion delivered by the European Food Safety Authority on 9 March 2016 (3), |
| --- | --- |

—

having regard to the opinion delivered by the European Food Safety Authority on 9 March 2016 (3),

3

| — | having regard to its resolution of 16 December 2015 on Commission Implementing Decision (EU) 2015/2279 of 4 December 2015 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize NK603 × T25 (MON-ØØ6Ø3-6 × ACS-ZMØØ3-2) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (4), |
| --- | --- |

—

having regard to its resolution of 16 December 2015 on Commission Implementing Decision (EU) 2015/2279 of 4 December 2015 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize NK603 × T25 (MON-ØØ6Ø3-6 × ACS-ZMØØ3-2) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (4),

4

| — | having regard to its resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87705 × MON 89788 (MON-877Ø5-6 × MON-89788-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (5), |
| --- | --- |

—

having regard to its resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87705 × MON 89788 (MON-877Ø5-6 × MON-89788-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (5),

5

| — | having regard to its resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87708 × MON 89788 (MON-877Ø8-9 × MON-89788-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (6), |
| --- | --- |

—

having regard to its resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87708 × MON 89788 (MON-877Ø8-9 × MON-89788-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (6),

6

| — | having regard to its resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean FG72 (MST-FGØ72-2) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (7), |
| --- | --- |

—

having regard to its resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean FG72 (MST-FGØ72-2) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (7),

7

| — | having regard to its resolution of 8 June 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 × MIR162 × MIR604 × GA21, and genetically modified maizes combining two or three of the events Bt11, MIR162, MIR604 and GA21, and repealing Decisions 2010/426/EU, 2011/893/EU, 2011/892/EU and 2011/894/EU (8), |
| --- | --- |

—

having regard to its resolution of 8 June 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 × MIR162 × MIR604 × GA21, and genetically modified maizes combining two or three of the events Bt11, MIR162, MIR604 and GA21, and repealing Decisions 2010/426/EU, 2011/893/EU, 2011/892/EU and 2011/894/EU (8),

8

| — | having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety, |
| --- | --- |

—

having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety,

| — | having regard to Rule 106(2) and (3) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 106(2) and (3) of its Rules of Procedure,

| A. | whereas, on 12 March 2009, Dow AgroSciences Europe submitted to the competent authority of the Netherlands an application, in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003, for the placing on the market of foods, food ingredients, and feed containing, consisting of, or produced from 281-24-236 × 3006-210-23 × MON 88913 cotton; |
| --- | --- |

A.

whereas, on 12 March 2009, Dow AgroSciences Europe submitted to the competent authority of the Netherlands an application, in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003, for the placing on the market of foods, food ingredients, and feed containing, consisting of, or produced from 281-24-236 × 3006-210-23 × MON 88913 cotton;

| B. | whereas the genetically modified DAS-24236-5×DAS-21Ø23-5×MON-88913-8 cotton, as described in the application, expresses the phosphinothricin acetyl transferase (PAT) protein which confers tolerance to glufosinate-ammonium herbicides and the modified CP4 5-enolpyruvyl-shikimate-3-phosphate synthase (CP4EPSPS) protein which confers tolerance to glyphosate herbicides, Cry1F and Cry1Ac proteins, conferring protection against certain lepidopteran insect pests, and whereas the International Agency for Research on Cancer — the specialised cancer agency of the World Health Organisation — classified glyphosate as probably carcinogenic to humans on 20 March 2015 (9); |
| --- | --- |

B.

whereas the genetically modified DAS-24236-5×DAS-21Ø23-5×MON-88913-8 cotton, as described in the application, expresses the phosphinothricin acetyl transferase (PAT) protein which confers tolerance to glufosinate-ammonium herbicides and the modified CP4 5-enolpyruvyl-shikimate-3-phosphate synthase (CP4EPSPS) protein which confers tolerance to glyphosate herbicides, Cry1F and Cry1Ac proteins, conferring protection against certain lepidopteran insect pests, and whereas the International Agency for Research on Cancer — the specialised cancer agency of the World Health Organisation — classified glyphosate as probably carcinogenic to humans on 20 March 2015 (9);

9

| C. | whereas the draft Commission implementing decision was voted on in the Standing Committee on 8 July 2016, with no opinion being delivered; |
| --- | --- |

C.

whereas the draft Commission implementing decision was voted on in the Standing Committee on 8 July 2016, with no opinion being delivered;

| D. | whereas the draft Commission implementing decision was voted on in the Appeal Committee on 15 September 2016 and once again no opinion was delivered, with 11 Member States representing 38,66 % of the EU population voting in favour, 14 Member States representing 33,17 % of the EU population voting against, 2 Member States representing 28 % of the EU population abstaining and 1 Member State representing 0,17 % of the EU population being absent during the vote; |
| --- | --- |

D.

whereas the draft Commission implementing decision was voted on in the Appeal Committee on 15 September 2016 and once again no opinion was delivered, with 11 Member States representing 38,66 % of the EU population voting in favour, 14 Member States representing 33,17 % of the EU population voting against, 2 Member States representing 28 % of the EU population abstaining and 1 Member State representing 0,17 % of the EU population being absent during the vote;

| E. | whereas on 22 April 2015 the Commission deplored in the explanatory memorandum to its legislative proposal amending Regulation (EC) No 1829/2003 the fact that, since the entry into force of Regulation (EC) No 1829/2003, authorisation decisions had been adopted by the Commission, in accordance with the applicable legislation, without the support of the opinions of Member State committees and that the return of the dossier to the Commission for the final decision, which was very much the exception for the procedure as a whole, had become the norm for decision-making on genetically modified (GM) food and feed authorisations; |
| --- | --- |

E.

whereas on 22 April 2015 the Commission deplored in the explanatory memorandum to its legislative proposal amending Regulation (EC) No 1829/2003 the fact that, since the entry into force of Regulation (EC) No 1829/2003, authorisation decisions had been adopted by the Commission, in accordance with the applicable legislation, without the support of the opinions of Member State committees and that the return of the dossier to the Commission for the final decision, which was very much the exception for the procedure as a whole, had become the norm for decision-making on genetically modified (GM) food and feed authorisations;

| F. | whereas the legislative proposal of 22 April 2015 amending Regulation (EC) No 1829/2003 was rejected by Parliament on 28 October 2015 (10) on the grounds that, while cultivation necessarily takes place on a Member State’s territory, GMO trade crosses borders, which means that a national ‘sales and use’ ban proposed by the Commission could be impossible to enforce without reintroducing border checks on imports; whereas Parliament rejected the legislative proposal amending Regulation (EC) No 1829/2003 and called on the Commission to withdraw its proposal and to submit a new one; |
| --- | --- |

F.

whereas the legislative proposal of 22 April 2015 amending Regulation (EC) No 1829/2003 was rejected by Parliament on 28 October 2015 (10) on the grounds that, while cultivation necessarily takes place on a Member State’s territory, GMO trade crosses borders, which means that a national ‘sales and use’ ban proposed by the Commission could be impossible to enforce without reintroducing border checks on imports; whereas Parliament rejected the legislative proposal amending Regulation (EC) No 1829/2003 and called on the Commission to withdraw its proposal and to submit a new one;

10

| 1. | Considers that the draft Commission implementing decision exceeds the implementing powers provided for in Regulation (EC) No 1829/2003; |
| --- | --- |

1.

Considers that the draft Commission implementing decision exceeds the implementing powers provided for in Regulation (EC) No 1829/2003;

| 2. | Considers that the draft Commission implementing decision is not consistent with Union law, in that it is not compatible with the objective of Regulation (EC) No 1829/2003, which is, in accordance with the general principles laid down in Regulation (EC) No 178/2002, to provide the basis for ensuring a high level of protection of human life and health, animal health and welfare, environment and consumer interests in relation to genetically modified food and feed, whilst ensuring the effective functioning of the internal market; |
| --- | --- |

2.

Considers that the draft Commission implementing decision is not consistent with Union law, in that it is not compatible with the objective of Regulation (EC) No 1829/2003, which is, in accordance with the general principles laid down in Regulation (EC) No 178/2002, to provide the basis for ensuring a high level of protection of human life and health, animal health and welfare, environment and consumer interests in relation to genetically modified food and feed, whilst ensuring the effective functioning of the internal market;

| 3. | Calls on the Commission to withdraw its draft implementing decision; |
| --- | --- |

3.

Calls on the Commission to withdraw its draft implementing decision;

| 4. | Calls on the Commission to submit a new legislative proposal on the basis of the Treaty on the Functioning of the European Union, amending Regulation (EC) No 1829/2003 to take into account frequently expressed national concerns which do not relate only to issues associated with the safety of GMOs for health or the environment; |
| --- | --- |

4.

Calls on the Commission to submit a new legislative proposal on the basis of the Treaty on the Functioning of the European Union, amending Regulation (EC) No 1829/2003 to take into account frequently expressed national concerns which do not relate only to issues associated with the safety of GMOs for health or the environment;

| 5. | Instructs its President to forward this resolution to the Council, the Commission, and the governments and parliaments of the Member States. |
| --- | --- |

5.

Instructs its President to forward this resolution to the Council, the Commission, and the governments and parliaments of the Member States.

---

(1)  OJ L 268, 18.10.2003, p. 1.

1

(2)  OJ L 55, 28.2.2011, p. 13.

2

(3)  EFSA Panel on Genetically Modified Organisms (GMO); Scientific Opinion on an application by Dow Agrosciences LLC (EFSA-GMO-NL-2009-68) for placing on the market of cotton 281-24-236 × 3006-210-23 × MON 88913 for food and feed uses, import and processing under Regulation (EC) No 1829/2003. EFSA Journal 2016; 14(4):4430 [21 pp.]; doi: 10.2903/j.efsa.2016.4430.

3

(4)  Texts adopted, P8_TA(2015)0456.

4

(5)  Texts adopted, P8_TA(2016)0040.

5

(6)  Texts adopted, P8_TA(2016)0039.

6

(7)  Texts adopted, P8_TA(2016)0038.

7

(8)  Texts adopted, P8_TA(2016)0271.

8

(9)  IARC Monographs Volume 112: evaluation of five organophosphate insecticides and herbicides, 20 March 2015.

9

http://www.iarc.fr/en/media-centre/iarcnews/pdf/MonographVolume112.pdf

(10)  Texts adopted, P8_TA(2015)0379.

10

---