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Brussels, 29.08.2005

COM(2005) 396 final

Proposal for a

COUNCIL DECISION

concerning the provisional prohibition in Greece of the marketing of seeds of maize hybrids with the genetic modification MON 810 inscribed in the common catalogue of varieties of agricultural plant species, pursuant to Directive 2002/53/EC

(presented by the Commission)

EXPLANATORY MEMORANDUM

The attached draft proposal for a Council Decision concerns the provisional prohibition in Greece of the marketing of seeds of maize hybrids with the genetic modification MON 810 inscribed in the common catalogue of varieties of agricultural plant species, pursuant to Directive 2002/53/EC.

The Commission, in accordance with Article 17 of Directive 2002/53/EC, published on 17 September 2004 in the C series of the Official Journal of the European Union a list of seventeen genetically modified varieties of maize derived from the genetically modified organism MON 810 in the 13th supplement to the 22nd complete edition of the common catalogue of varieties of agricultural plant species.

On 7 April 2005, the Greek authorities notified to the Commission a Ministerial Order prohibiting for the growing seasons of 2005 and 2006 the marketing of seeds of the seventeen above-mentioned varieties and asked the Commission to authorise this national measure in accordance with Article 18 of Directive 2002/53/EC.

On the basis of the elements supplied by Greece in support of its request, it appears that none of the specific provisions of Article 18 of the said Directive are applicable in the case of the prohibition just mentioned and that an authorisation for such a prohibition may thus not be granted.

Against this background, a draft Commission Decision providing that the Hellenic Republic is not authorised to prohibit the marketing of the above mentioned seeds was submitted to the Standing Committee on Seeds and Plant Propagating Material for Agriculture, Horticulture and Forestry on 20 July 2005, for vote. 11 Member States (162 votes) voted in favour, 9 Member States (109 votes) voted against and 4 Member States (47 votes) abstained. One Member State was not represented.

The Committee delivered no opinion. Consequently, pursuant to Article 23, paragraph 3 of Council Directive 2002/53/EC and in accordance with Article 5 of Council Decision 1999/468/EC, the Commission is required to submit to the Council a proposal relating to the measures to be taken (the Council having three months in which to act by a qualified majority), and inform the Parliament.

Proposal for a

COUNCIL DECISION

concerning the provisional prohibition in Greece of the marketing of seeds of maize hybrids with the genetic modification MON 810 inscribed in the common catalogue of varieties of agricultural plant species, pursuant to Directive 2002/53/EC

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species[1], and in particular Article 18 thereof,

Having regard to the proposal of the Commission,

Whereas:

(1) The Commission has, in accordance with Article 17 of Directive 2002/53/EC, published on 17 September 2004 in the C series of the Official Journal of the European Communities a list of seventeen genetically modified varieties of maize derived from the genetically modified organism MON 810 in the 13th supplement to the 22nd complete edition of the common catalogue of varieties of agricultural plant species[2].

(2) Under Article 16(1) of the Directive, Member States shall ensure that, with effect from the publication referred to in Article 17, seed of varieties accepted in accordance with this Directive or in accordance with the principles corresponding to those of this Directive is not subject to any marketing restrictions relating to the variety.

(3) According to Article 7(4) of the said Directive, genetically modified varieties shall only be accepted for inclusion in a national catalogue after having been accepted for marketing in accordance with Directive 90/220/EEC, which provides for the assessment of the risks for human health and the environment of genetically modified organisms.

(4) Commission Decision 98/294/EC of 22 April 1998 concerning the placing on the market of genetically modified maize (Zea mays L. line MON 810), decided pursuant to Council Directive 90/220/EEC[3] that consent shall be given for the placing on the market of that product. On 3 August 1998 the French authorities effectively allowed the placing on the market of that product.

(5) On 7 April 2005, the Greek authorities notified to the Commission a Ministerial Order N°243267 of 3.3.2005 prohibiting for the growing seasons of 2005 and 2006 the marketing of seeds of the seventeen above-mentioned varieties and asked the Commission to authorise this national measure in accordance with Article 18 of Directive 2002/53/EC.

(6) Article 18 of Directive 2002/53/EC, provides that if it is established that the cultivation of a variety included in the common catalogue of varieties could in any Member State be harmful from a point of view of plant health to the cultivation of other varieties or species, or present a risk for the environment or for human health, that Member State may upon application, be authorised to prohibit the marketing of the seed in question in all or part of its territory. Where there is imminent danger of the spread of harmful organisms or imminent danger for human health or for the environment, that prohibition may be imposed by the Member State concerned as soon as its application has been lodged until such time as a final decision has been taken.

(7) The Greek authorities explained in the notification that the prohibition measure is deemed necessary in so far as the cultivation of the genetically modified varieties may cause adverse effects to the rural environment. Greece did not supply information supporting its measure which could have been referred to the European Food Safety Authority for a risk assessment as regards human health or the environment of these genetically modified varieties. On 4 May 2005, the Commission wrote to the Greek authorities and asked for clarifications, in particular, on the possible effects of the marketing of those seeds on the rural environment. The Greek authorities replied on 12 May 2005, that adverse effects caused to the rural environment by the seeds of those seventeen genetically modified varieties, are of an economic nature and do not concern the environment in general or human health. In this regard, the response also stated that the Greek authorities are aware that in application of Community legislation for environmental risk assessment, MON 810 has already been assessed as safe for the environment and human health.

(8) On this basis, none of the specific provisions of Article 18 of Directive 2002/53/EC are applicable in the case of the prohibition of the cultivation of these varieties by the Greek authorities and an authorisation for such a prohibition may thus not be granted.

(9) The Standing Committee on Seeds and Plant Propagating Material for Agriculture, Horticulture and Forestry has not delivered an opinion within the time limit laid down by its chairman. The measures provided for in this Decision must therefore, by virtue of Article 18 of Directive 2002/53/EC, be adopted by the Council.

HAS ADOPTED THIS DECISION:

Article 1

The Hellenic Republic is not authorised to prohibit the marketing of seeds of maize hybrids with the genetic modification MON 810 inscribed in the common catalogue of varieties.

Article 2

The Hellenic Republic shall take the necessary steps to comply with this Decision within 20 days after its notification, at the latest.

Article 3

This Decision is addressed to the Hellenic Republic.

Done at Brussels,

For the Council

The President

[1] OJ L 193, 20.7.2002, p. 1, Directive as amended by Regulation (EC) No 1829/2003 of the European Parliament and the Council (OJ L 268, 18.10.2003, p. 1).

[2] OJ C 232 A, 17.9.2004, p. 1.

[3] OJ L 131, 5.5.1998, p. 32.