WRITTEN QUESTION P-1169/00

by Alexandros Alavanos (GUE/NGL) to the Commission

(10 April 2000)

Subject: Modified cotton seeds

The importation and cultivation of genetically modified seeds is prohibited in the European Union pursuant to Community Directives 90/220(1) and 98/95(2). Traditional varieties of cotton seed which also contain modified seeds have reportedly been imported into Greece. According to information from the Association of Official Seed Certifying Agencies (AOSCA), the competent international body for the certification of seeds, the USA does not certify that the seeds imported from that country are free of genetically modified material.

Given that European legislation prohibits the marketing and use of modified seed, will the Commission say:

1. whether it proposes to ban imports into the EU from the USA and other countries of cotton seeds and other plant seeds for which there is no official certification that they do not contain genetically modified material, and

2. whether the Member States can unilaterally ban imports of seeds pursuant to current Community legislation?

(1) OJ L 117, 8.5.1990, p. 15.

(2) OJ L 25, 1.2.1999, p. 1.

Answer given by Mr Byrne on behalf of the Commission

(15 June 2000)

1. No genetically modified cotton varieties have as yet received authorisation for the placing on the market in the Community under Part C of Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms. Two applications, concerning the placing on the market of insect-resistant and herbicide-tolerant cotton, are currently pending approval in the authorisation procedure under the Directive.

Under current Community law, the placing on the market, including the import, of seeds consisting of, or containing genetically modified material which has not been authorised in the Community under Council Directive 90/220/EEC or under equivalent product specific Community provisions is prohibited. This applies also to seed lots of conventional varieties, that contain impurities of unauthorized genetically modified material.

As indicated in position 77 of the Annex to the Commission's white paper on food safety(1), the Commission has the intention to adopt, under the existing Community seed legislation, standards for purity concerning the adventitious presence of genetically modified seeds as well as specific labelling requirements for seeds in respect of genetically modified material. This would ensure that these standards and labelling requirements are integrated in the official seed certification procedure established for seeds produced in the Community in Directive 69/208/EEC for cotton. The same measures would also be included in the seed equivalence regime governing the requirements for seeds imported into the Community, as established on the basis of the same Directive for cotton.

Until such time, the authorities of the Member States, under their general obligation to monitor compliance with Community law, have to assess the risk of the possible presence of unauthorized genetically modified material and, in case of suspicion, to carry out appropriate testing with the aim to intercept contaminated lots and prevent them from being marketed and used.

Under these conditions, the Commission does not propose for the time being to ban imports of seeds only on the grounds that there is no official certification by the exporting country that the seeds do not contain genetically modified material.

2. Member States can, in addition to the mandatory checks required under the relevant Community provisions, unilaterally include any other checks for compliance with Community law in the procedures applicable to imports from third countries and take the appropriate action in case of findings confirming non-compliance with Community law. However, there is no basis for Member States banning unilaterally imports of seeds only on the grounds that there is no official certification by the exporting country of the type referred to in the Honourable Member's first question.

(1) COM(1999) 719 final.