WRITTEN QUESTION E-3336/98

by Irene Soltwedel-Schäfer (V) to the Commission

(10 November 1998)

Subject: Experiments with the release of genetically modified plants into the environment and the "placing on the market" of such plants

1. The people of Rauischolzhausen in the district of Marburg-Biedenkopf, Germany, have questioned the legality - in the light of recent case law in other federal Länder (Administrative Court of Appeal, Berlin 2S 9.97) - of the experiments carried out in their locality with the release of genetically of modified plants into the environment. What opportunities do citizens affected by such release have to take legal action against it?

2. The people of Rauischolzhausen also question the legality of the "placing on the market" of genetically modified plants by the Giessen University Plant Growing and Breeding Institute. What opportunities do citizens affected by such actions have to take legal action against them?

3. Were the experiments with release into the environment carried out so far in Rauischolzhausen properly authorised? If so, what was the legal basis for this authorisation, and how is the relevant legal text worded?

4. Has the present "placing on the market" of genetically modified plants been properly authorised? If so, what was the legal basis for this authorisation, and how is the relevant legal text worded?

5. What dangers are there for humans and animals in experiments with the release of genetically modified plants into the environment and their "placing on the market"?

6. What consequences, changes and damage will result, in the vicinity of genetically modified oilseed rape, for:

- plants,

- the water table

- the air, and

- the soil?

Answer given by Mrs Bjerregaard on behalf of the Commission

(7 January 1999)

1. to 4. Council Directive 90/220/EEC(1) on the deliberate release into the environment of genetically modified organisms (GMOs) lays down in Part B the provisions for undertaking a deliberate release of GMOs for research and development purposes. Part C regulates the placing on the market of products consisting of or containing GMOs.

According to information supplied by the German authorities the release experiments mentioned by the Honourable Member make use of a genetically modified herbicide-resistant swede-rape line, for which consent for placing on the market was granted already in 1996(2). According to Article 13(5) of the Directive, once a product has received consent, it may "be used without further notification throughout the Community in so far as the specific conditions of use and the environments and/or geographical areas stipulated in these conditions are strictly adhered to".

The Court decision mentioned by the Honourable Member is linked to an experimental Part B deliberate release experiment and is not related to the experiments described above. The Administrative court of appeal Berlin confirmed the legality of the consent for a national deliberate release experiment given by the German authorities.

5. and 6. According to Article 4 of the Directive the Member States shall "ensure that all appropriate measures are taken to avoid adverse effects to human health and the environment which might arise from the deliberate release of GMOs". Deliberate releases of genetically modified organisms as or in products are only authorised following a thorough risk assessment. A comprehensive risk assessment takes into account all the issues set out by the Honourable Member under point 6 including any direct or indirect effect related to a release of GMOs. Accordingly consent for placing on the market of GMOs is only granted if there is no reason to believe that there will be any adverse effect on human health and the environment. This is in accordance with the precautionary principle as set out in Article 130 of the EC Treaty.

(1) OJ L 117, 8.5.1990.

(2) OJ L 37, 15.2.1996.