EN Official Journal of the European Union CE 84/314

(2004/C 84 E/0362)

WRITTEN QUESTION E-0136/04

by Jillian Evans (Verts/ALE) to the Commission

(26 January 2004)

Subject: GM food and crop imports

Now that there is some EU legislation on genetically modified organisms, including legislation on GM food and crop imports, what is the Commission doing to ensure that the Member States are adequately implementing these regulations?

In particular, is the Commission ensuring where there is potential for GM products from external sources to enter the EU through the ports of Member States, that relevant bodies — such as Customs and Excise in the UK — are being instructed to test food, food ingredients and animal feed or seeds at the point of import, to see whether they contained banned GM ingredients or ingredients that should be labelled as GM? And is the Commission ensuring that Member States are providing bodies — such as Customs and Excise in the UK — with the necessary equipment to carry out such tests?

What steps would the Commission take should any GM products enter the EU through negligence at the point of import?

Answer given by Mr Byrne on behalf of the Commission

(29 March 2004)

The authorisation and labelling requirements in Regulation (EC) No 1829/2003 (1) will be enforced and controlled by Member States under the general provisions on controls of food and feed, as is the case in respect of current legislation. Over the last few years, the Commission's Food and Veterinary Office (FVO) has carried out several inspections in order to evaluate the official control systems on GM food put in place by Member States, in particular in respect of genetically modified (GM) labelling, and has found that Member States' implementation of control programmes in this area is reasonably satisfactory.

Whilst FVO evaluations of official controls should identify any systematic shortcomings, Member-States remain responsible for operational tasks such as ensuring that relevant bodies are properly instructed and equipped. Under Regulation (EC) No 1830/2003 (2), Member States shall ensure that inspections and other control measures, including sample checks and testing, as appropriate, are carried out to ensure compliance with this Regulation. In order to facilitate a coordinated approach of these controls and inspections, the Commission is in the process of developing and publishing technical guidance on sampling and testing.

This guidance provides that official controls can be carried out at any stage of the production, processing, storage, and distribution of GMOs (including seeds) or food and feed produced from GMOs, including at the point of import. The Community Reference Laboratory established under Regulation (EC) No 1829/2003 provides guidance and assistance on the methods of testing, as well as training for Member States laboratories but does not supply testing equipment.

In case of infringement, it is for the Member States to take the appropriate measures and apply the necessary penalties, which must be effective, proportionate and dissuasive. Should a Member-State not take the appropriate measures to implement the Community legislation, the Commission would be entitled to take the necessary steps, in accordance with the Treaty.

(1) Regulation (EC) No 1829/2003 of the Parliament and of the Council of 22 September 2003 on genetically modified food and feed, OJ L 268, 18.10.2003.

(2) Regulation (EC) No 1830/2003 of the European and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms (GMOs) and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC, OJ L 268, 18.10.2003.