WRITTEN QUESTION E-3124/96 by Hiltrud Breyer (V) to the Commission (22 November 1996)

Subject: Genetically modified rape produced by PGS

1. How does the Commission intend to fulfil its obligations to monitor the prohibition of the use of genetically modified rape produced by Plant Genetic Systems (PGS) as a foodstuff and animal feedingstuff?

2. How is this prohibition monitored in the various Member States? What differences are identifiable among the Member States in this respect?

3. What will the Commission do if there should be no monitoring obligations in the various Member States?

4. What methods does the Commission intend to use to demonstrate the specific, genetically modified DNA structure if it does not even know what this structure is?

5. What will the Commission do if the Member States do not fulfil their monitoring obligations?

6. Does the Commission agree that, where monitoring obligations are not fulfilled, authorization should be withdrawn?

7. How is the public informed of the results of the monitoring?

Answer given by Mrs Bjerregaard on behalf of the Commission (22 January 1997)

Under Article 13(6) of Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms ((OJ L 117, 8.5.1990. )), Member States take all the necessary measures to ensure that users comply with the conditions of use specified in the written consent issued to a product notified under part C of this Directive. It therefore follows that in the case of the Plan genetic systems swede rape, where the consent granted does not include the use of this product for human food or animal feed, the competent authorities should take the necessary measures to ensure that the consent conditions are met.

The Commission organises regular meetings of the committee of the competent authorities for Directive 90/220/EEC to discuss aspects of the implementation of this Directive. At the last meeting of the committee held on 21 November 1996 the Commission raised the issue of controls on products already authorised under Directive 90/220/EEC. At that meeting no Member State indicated that it had any evidence to believe that the conditions imposed on authorised products are not met. A discussion on this subject will take place at the next meeting of this committee with the aim to ensure harmonisation of the control measures applied within the Community.

If there was evidence that some Member States did not carry out the appropriate controls for ensuring the correct implementation of Directive 90/220/EEC, the Commission would take action against these Member States, but would not be able to withdraw authorizations of products.

Under Article 18 of Directive 90/220/EEC, at the end of each year Member States send to the Commission a brief factual report on the control of all products placed on the market under this Directive. So far in 1996 three consents have been issued for the placing on the market of products under Directive 90/220/EEC. These are the Plant genetic systems swede rape, the Monsanto soya beans and the Bejo-Zaden chicory. All consents were for specific uses and it is expected that the competent authorities will specify in their brief reports to the Commission how they control the use of these products. The Commission will then report on the issue to the Parliament and the Council.