WRITTEN QUESTION No. 2403/96 by Hiltrud BREYER to the Commission. Decision 94/730/EC establishing simplified procedures concerning the deliberate release into the environment of genetically modified plants - the Commission's powers (SUPPLEMENTARY ANSWER)
Date: 1996-09-06
Institutions: BREYER, European Parliament
Subjects: EU competence, EU control, European Commission, administrative formalities, application of EU law, environmental protection, genetically modified organism

25. 2. 98

EN

Official Journal of the European Communities

C 60/5

(98/C 60/11)

WRITTEN QUESTION E-2403/96

by Hiltrud Breyer (V) to the Commission

(6 September 1996)

Subject: Decision  94/730/EC  establishing  simplified  procedures  concerning  the  deliberate  release  into  the

environment of genetically modified plants › the Commission(cid:146)s powers

1. What powers did the Council transfer to the Commission by virtue of the first sentence of Article 6(5) of
Directive 90/220/EEC (1)?

2. When and how were these powers transferred?

3. What opportunities are there for Parliament and the Council to monitor the establishment of the criteria?

4. What procedures has the Council laid down for the exercise of these powers?

5.

On what principles and rules are these procedures based?

6. Were these principles and rules established unanimously by the Council?

7. What was Parliament(cid:146)s opinion of these principles and rules?

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

(98/C 60/12)

WRITTEN QUESTION E-2405/96

by Hiltrud Breyer (V) to the Commission

(6 September 1996)

Subject: Decision  94/730/EC  establishing  simplified  procedures  concerning  the  deliberate  release  into  the

environment of genetically modified plants › transposition in the Member States

Can Decision 94/730/EC (1) be applied even in the Member States which have not or only inadequately
1.
transposed Directive 90/220/EEC (2) and the Member States against which proceedings are being brought for
failure to transpose the legislation adequately?

1. (a)
to be valid?

If so, how can the articles and obligations deriving from Directive 90/220/EEC which are not used cease

1. (b)

If so, how is the application of conditional articles ensured?

(1)  OJ L 292, 12.11.1994, p. 31.
(2)  OJ L 117, 8.5.1990, p. 15.

Supplementary joint answer
to Written Questions E-2394/96, E-2395/96, E-2396/96, E-2397/96,
E-2398/96, E-2399/96, E-2400/96, E-2401/96, E-2402/96,
E-2403/96 and E-2405/96
given by Mrs Bjerregaard on behalf of the Commission

(4 July 1997)

Further to its reply given on the 14 October 1996, the Commission is now in the position to provide the following
information.

Written questions 2394/96 to 2397/96, 2402/96 to 2403/96 and 2405/96:

According  to  Article  6  (5)  of  Directive  90/220/EEC  of  23  April  1990  on  the  deliberate  release  into  the
environment of genetically modified organisms (1), the Commission establishes appropriate criteria and takes a
decision on each application with regard to simplified procedures. The Commission decides in accordance with
the procedures laid down in Article 21 of Directive 90/220/EEC which include the involvement of the Member
States. The Parliament is involved in line with the code of conduct of the Commission with the Parliament. The
procedures  laid  down  in  Article  21  of  the  Directive  correspond  to  those  identified  in  Council  Decision
87/373/EEC (2), the so called comitology decision.