WRITTEN QUESTION P-0197/01

by Hiltrud Breyer (Verts/ALE) to the Commission

(29 January 2001)

Subject: Non-application of Article 4(3) of Directive 90/220

1. Is the Commission aware that at the EU's external ports such as Corunna, Tarragona, Rotterdam and Hamburg there are practically no systematic, watertight inspections of genetically modified products but, at the most, spot checks?

2. Has the Commission any information on the precise scale of the limited number of spot checks (as a percentage)?

3. How does the Commission ensure that the Member States allow onto the market only those GM products in the Community that are expressly approved?

4. Since the U.S. approves GM products that are not approved in the EU, should not imports from non-Member States and in particular the U.S. (especially maize and soya) be systematically checked for the presence of GM material?

5. How do the Commission and the Member States obtain their information, given that there is no seed register in the U.S.? Are we to understand that neither the Commission nor the Member States are fully informed as to which GM varieties originating in the U.S. or other non-Member States are on the market and could be imported into the EU?

6. Do (a) the Commission, (b) the Member States' authorities actually have tests for all GMOs grown in the U.S.? If so, could you please list those tests. If not, how can inspections be carried out without any tests?

7. Why does the Commission not proceed against Member States that only operate spot checks and thus fail to ensure compliance with Directive 90/220?

8. Has the Commission emphasised to the Member States and the general public that Article 4(3) of Directive 90/220(1) lays down systematic inspections?

9. Why has the Commission not followed up the complaints of Greenpeace and notwithstanding references to illegal marketing (see my question to the Commission on the illegal marketing of seed in Baden-Wurttemberg, E-1571/99)(2) taken no action?

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

(2) OJ C 170 E, 20.6.2000, p. 36.

Answer given by Mrs Wallström on behalf of the Commission

(26 March 2001)

1. to 3. Council Directive 90/220/EEC of 23 April 1990, on the deliberate release into the environment of genetically modified organisms (GMOs), sets out in Article 4 the responsibility of Member States to ensure that adverse effects on human health and the environment from the release of GMOs are avoided. In order to achieve this aim, Article 4(3) requires Member States to ensure that their authorities organise appropriate inspection and control measures in relation to GMOs. In the revised Directive 90/220/EEC, this obligation is maintained in Article 4(5).

The Commission has investigated a number of complaints about shipments arriving in the Community ports of Coruna, Tarragona, Rotterdam and Hamburg. As was pointed out in the context of these complaints, Article 4(3) does not require Member States to check every incoming vessel. The Directive does not specify the frequency of the inspections that are required, but leaves this to the discretion of the Member States to organise in such a way that the safeguards in the Directive are maintained i.e. that adverse effects on human health and the environment are avoided.

4. An ad hoc technical Working Group on inspections and control measures concerning genetically modified organisms had been established in order to discuss the availability and applicability of specific technical methods for the detection of potentially unauthorised deliberate releases of genetically modified organisms for placing on the market. Further measures on the whole issue are currently being discussed under the specific vertical legislation.

5. In order for GMOs (as such or in mixtures with other products) to be imported into the Community, the relevant Community legislation has to be respected so that the public is assured of the safety of these products for human health and the environment. According to Directive 90/220/EEC, GMOs can only be placed on the market after having received authorisation under the Directive. This also concerns products containing or derived from GMOs that are imported into the Community.

Information on the current state of play with regard to authorizations for the placing on the market of GMOs in the United States can be obtained through the internet on the websites of the corresponding agencies in charge. As these specific sites are freely accessible Member States and the Commission are using these sources to update their information on the situation in the United States. The Commission is also in regular contact with the american authorities on a range of issues relating to GMOs, including the status of authorisations for the placing on the market of GM varieties.

6. The specific characterization of a GMO is a multi-step procedure, which after the general classification as GMO includes subsequent tests to clearly identify a specific GMO. A whole set of qualitative tests to detect GMOs has been developed in different laboratories all over the Community. These tests have been validated under the co-ordination of the Commission's Joint Research Centre. These validated tests allow the general identification of a GMO and the work on the further development of these tests is continued and regularly updated.

7. and 8. The Commission would only proceed against Member States under Article 226 (ex Article 169) of the EC Treaty on the basis that there is evidence of a breach of the obligations of the Directive. As with all legal proceedings, the Commission bears the burden of proof. The fact that Member States are not systematically checking every incoming vessel from the United States and Canada is not a breach of Article 4(3) of the Directive.

9. The Commission did follow up the complaints from Greenpeace with the German, Spanish and Dutch Governments. With regard to imports into La Coruna, Tarragona and Rotterdam, the Commission found that there was no evidence on the basis of which to start infringement action against the Spanish and Dutch authorities. With regard to the imports into Rotterdam where Greenpeace presented evidence of alleged irregularities with regard to a specific cargo, the Dutch authorities carried out their own inspection of the cargo concerned but found no unauthorised viable GMOs to be present. The Dutch authorities informed the Commission that it is their policy to inspect and test cargoes where complaints are received or irregularities may be suspected. The situation with regard to imports into Hamburg is still being investigated.

With regard to the situation in Baden-Württemberg, the Commission received preliminary information from the German authorities that this involved mainly approved varieties at a low level below 1 %. However, the case is still being assessed.