WRITTEN QUESTION P-2484/01

by Jillian Evans (Verts/ALE) to the Commission

(5 September 2001)

Subject: Chardon LL (GMO)

In August 1998, seeds and grains of genetically modified maize (Zea mays L.) with increased glufosinate ammonium tolerance derived from the maize line HE/89 transformation event T25 which has been transformed using plasmid pUC/Ac were approved for placing on the market under Directive 90/220/EEC(1) (Decision 98/293/EC(2)) Earlier that year, the use of T25 maize for human consumption was notified under Regulation 258/97(3) (Novel Food Regulation).

In March 2000 the UK Government proposed that a variety of T25 maize, called Chardon LL, be registered for commercial growing in the UK. However, it turned out that the variety which has already been registered in France, has not been tested sufficiently. Up to now the variety has not been added to the common catalogue (Directive 70/457/EEC(4) on the common catalogue of varieties).

Can the Commission confirm that the variety Chardon LL has not been tested in France in accordance with Community rules and that it can therefore not be added to the common catalogue?

How many varieties have been added to the common catalogue which have not been tested in accordance with Community rules?

Does the Commission share the opinion that, in the case of Chardon LL being added to the common catalogue, any Member State may, if it is established that the cultivation of Chardon LL could be harmful to the cultivation of other varieties in that Member State or present a risk for the environment or for human health, upon application be authorised, in accordance with the procedure laid down in Article 23a of Directive 70/457/EEC, to prohibit the marketing of the seed or propagating material in all or parts of its territory (Article 19 Directive 70/457/EEC)?

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

(2) OJ L 131, 5.5.1998, p. 30.

(3) OJ L 43, 14.2.1997, p. 1.

(4) OJ L 225, 12.10.1970, p. 1.

Answer given by Mr Byrne on behalf of the Commission

(18 October 2001)

Since Autumn 2000 the Commission is aware that certain maize varieties have not been tested in accordance with Council Directive 70/457/EEC of 29 September 1970 on the common catalogue of varieties of agricultural plant species and its implementing rules, in respect of the duration of the examination of distinctness, stability and uniformity of the varieties. In fact, the number of years of official trials was one, instead of two. This applies also to the variety Chardon LL.

No varieties of maize officially accepted by Member States for listing in their national catalogues and notified to the Commission after 15 September 2000 have been published in the common catalogue of varieties, when the number of years of official trials was one, instead of two.

The Commission confirms that in accordance with Article 19 of Council Directive 70/457/EEC, a Member State may upon application be authorised to prohibit the marketing of the seed in all or part of its territory, if it is established that the cultivation of the variety concerned as included in the Common Catalogue of Varieties could be harmful from the point of view of plant health to the cultivation of other varieties or species, or present a risk for the environment or for human health. In case the danger is imminent, the Member State may impose a prohibition as soon as its application has been lodged, until such time as a final decision has been taken. No such application has been lodged yet.