WRITTEN QUESTION P-1592/03

by Karin Scheele (PSE) to the Commission

(5 May 2003)

Subject: Legal admissibility of Member States' measures concerning the coexistence of crops

For some time, the Commission has been debating the possibilities of allowing genetically modified crop farming and conventional or organic agriculture to exist side by side. Commissioner Fischler's communication set out various options for regulating the coexistence of different forms of agriculture. It emerged from discussion of the communication at the Commission's meeting of 5 March (IP/03/314) that the majority of Commissioners are opposed at this point to legislative measures at Community level in this regard. Instead, the Commission prefers the Member States to take measures, although supplemented by Commission guidelines.

1. Under current EU law, to what extent can Member States restrict the marketing or use of genetically modified organisms which have been authorised for placing on the market pursuant to Community law, in particular Directive 2001/18/EC(1), or attach certain conditions thereto (which are not provided for in the Community authorisation), where such restrictions or conditions are in pursuance of objectives other than the protection of public health or the environment?

2. Can Member States require, on grounds other than those referred to in Article 23 of Directive 2001/18/EC, that certain safe distances be observed between genetically modified crops and fields containing conventional crops of the same type if the sole objective of such safe distances is to prevent cross-fertilisation of non-genetically modified crops by genetically modified crops in order to guard against any economic damage which conventional or organic farmers might incur as a result of such cross-fertilisation?

3. Would the measures notified by the UK in Wales on 13 July 2001 concerning T25 maize be, in principle, legally admissible if they were not notified pursuant to Article 16 of Directive 90/220/EEC(2)?

(1) OJ L 106, 17.4.2001, p. 1.

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

Answer given by Mrs Wallström on behalf of the Commission

(19 June 2003)

The Commission is committed to provide appropriate solutions to address the issue of co-existence between conventional, organic and genetically modified crops. The Commission believes that no form of agriculture be it conventional or organic farming, or agriculture using genetically modified organisms should be excluded in the Union in the future.

The Commission would like to clarify that the need for measures to protect the environment, including the protection of particular ecosystems, is adressed as part of the environmental risk assessment carried out in accordance with Directive 2001/18/EC of the Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC. Measures to address such risks, where appropriate, would be included in the final consent

with a legal obligation for their implementation. Directive 2001/18/EC does not, however, cover potential economic impacts in terms of, for instance, losing a price premium in cases where a farmer discovers that his harvested crop inadvertently contains genetically modified organisms (GMOs) above the labelling thresholds.

The conditions under which European farmers are working are extremely diverse. Farm sizes, production systems, crop rotations and cropping patterns, as well as natural conditions, vary enormously across Europe. This variability must, therefore, be accounted for when devising implementing and monitoring measures for co-existence to allow producers to meet legally established labelling thresholds.

Consequently, the Commission is currently preparing a Recommendation to the Member States, clarifying the principles and measures which could be applied to address the issue of co-existence. Examples of such measures include isolation distances, buffer zones, pollen traps or barriers, optimising sowing dates, cleaning measures etc. The Recommendation will not only provide a clear framework for addressing co-existence, it also intends to provide assurance to Member States that the Commission shall consider the measures adopted at the national level, be they mandatory or non-binding, as being in compliance with Community law or, indeed, Directive 2001/18/EC. The Commission intends to adopt the Recommendation by July 2003 at the latest.

Two years after the publication of the Recommendation in the Official Journal and based on information from Member States, the Commission will report to the Council and the Parliament on the experience gained in the Member States concerning the implementation of measures to address co-existence, including an evaluation and assessment of possible and necessary further steps to take.

With regard to the measures notified by the United Kingdom on 13 July 2001 the Commission has taken the view that they are not admissible under Article 16 of Directive 2001/18/EC. It is up to the British authorities to decide whether they wish to resubmit them for further consideration.