WRITTEN QUESTION P-1446/01

by Hiltrud Breyer (Verts/ALE) to the Commission

(11 May 2001)

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

Can the Commission confirm that the relevant tests for carrying out checks to detect all genetically modified plant varieties which are currently authorised or on the market in non-Member States are available to the Commission and all the Member States? (Please answer yes or no).

Can the conclusion be drawn from the Commission's answer of 26 March 2001 to Question P-0197/01(1) of 29 January 2001 that the Commission as yet has no information concerning the extent to which spot checks are carried out in which Member States?

Can the conclusion be drawn from answer No 4 to the same question that neither the Commission nor the Member States are currently in a position to carry out checks to detect a possibly unauthorised deliberate release of genetically modified organisms for the purpose of placing products on the market?

(1) OJ C 235 E, 21.8.2001, p. 153.

Answer given by Mrs Wallström on behalf of the Commission

(22 June 2001)

The modification of plant varieties by gene technology which are currently approved in non-Member States is based on a limited number of traits and accompanying regulatory sequences. These sequences are commonly used and known in the scientific community. Based on this knowledge it is possible to detect whether a product has been genetically modified or not, in a first step.

If this is the case, the genetic modification has to be identified in order to verify if it is an authorised genetically modified organism (GMO). In order to do this, Member States can use the information on inserted sequences contained in the notification dossiers when there has been an application for marketing in the Community, irrespective of the fact that the product is authorized or the application is still pending. If tests with such sequences specific to a particular genetic modification give a positive answer, one can conclude that an authorised or pending GMO is present. Should these tests give a negative answer, such a GMO would be classified as not approved or pending in the Community. If further sequence information on such a non-approved GMO is seen to be necessary, this information has to be collected from other reliable sources.

The implementation of the Cartagena Protocol on Biosafety (not GMOs only for Living Modified Organisms (LMOs), not for example soyameal) will i.e. provide for a further mechanism for the exchange of such information. Furthermore the CODEX Ad Hoc Task Force on Foods Derived from Biotechnology aims at establishing a register or depository containing relevant information on methods for detection and identification of GMOs or foods derived from GMOs and a Working Group under the chairmanship of Germany has been established to this end.

The transfer of information on inspection and control measures is assured by a regular exchange with Member States i.e. on the occasion of the Competent Authorities meetings, which are chaired by the Commission.

In addition, the Commission has funded a project on the Enforcement on the Deliberate Release of GMOs with the aim of having a common approach on the inspection and control activities in Member States and increasing the direct contact of the inspection services.

The Joint Research Centre of the Commission is co-ordinating a network of GMO laboratories of Member States with the aim to exchange information on methods for sampling and detection of GMOs and the results of controls undertaken in the different Member States.

The detection of low level presence of non-approved varieties last and this year shows that controls in Member States are being carried out and have been able to detect traces of approved as well as unapproved varieties in seed lots of conventional varieties of cotton, oilseed rape and maize.