WRITTEN QUESTION No. 1028/97 by Hiltrud BREYER to the Commission. Legal basis for the marketing of genetically modified products
Date: 1997-03-19
Institutions: BREYER, European Parliament
Subjects: animal nutrition, biotechnology, consumer protection, environmental protection, foodstuff, foodstuffs legislation, genetically modified organism, marketing, new product, public health













EUR-Lex - 91997E1028 - EN






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91997E1028

WRITTEN QUESTION No. 1028/97 by Hiltrud BREYER to the Commission. Legal basis for the marketing of genetically modified products  


Official Journal C 373 , 09/12/1997 P. 0050 





WRITTEN QUESTION E-1028/97 by Hiltrud Breyer (V) to the Commission (19 March 1997)Subject: Legal basis for the marketing of genetically modified productsThe marketing of genetically produced or modified food products is regulated by Directive 90/220/EEC ((OJ L 117, 8.5.1990, p. 15. )) and European Parliament and Council Regulation 258/97 ((OJ L 43, 14.2.1997, p. 1. )) concerning novel foods and novel food ingredients (the 'novel food regulation').1. What rules govern the marketing of transgenic plants which are used as animal feedingstuffs and hence indirectly enter the human food chain?2. a) How is the marketing of transgenic plants which are used directly for human consumption and also for animal feedingstuffs and the production of renewable raw materials regulated?b) Is there only one procedure for this or more than one?c) How do these procedures relate to each other?Answer given by Mr Bangemann on behalf of the Commission (30 May 1997)1. In the absence of specific product legislation applicable to the placing on the market of feedingstuffs derived through modern biotechnology, Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms (GMOs) remains the legislation applicable to the placing on the market of feedingstuffs containing or consisting of GMOs. Under this Directive, scientific assessment takes into account any risks to human health and the environment resulting from the release of the GMO in question.The Commission is currently preparing a proposal for introducing legislation on specific feed materials which would apply, inter alia, to feedingstuffs produced through modern biotechnology.2. Regulation (EC) No 258/97 on novel foods and novel food ingredients applies to the placing on the market of foods and food ingredients containing, consisting of, or derived from genetically modified organisms.In line with the above described situation, GMOs which are to be placed on the market both as foods or food ingredients and as feedingstuffs (or for other uses not covered by product legislation, such as the production of renewable raw materials), have to undergo the authorisation procedures of both Regulation (EC) No 258/97 and Directive 90/220/EEC.The two procedures will be implemented according to the provisions of Regulation (EC) No 258/97 and of Directive 90/220/EEC, respectively. For example, Article 9 of Regulation (EC) No 258/97 lays down that Articles 11 to 18 of Directive 90/220/EEC will not apply to foods or food ingredients which consist of genetically modified organisms, since, as also laid down by the same article, the decision under the Regulation (EC) No 258/97 should respect the environmental safety requirements of Directive 90/220/EEC. In any case, the Commission will take all necessary action in order to ensure the smooth running of both procedures, which are based on an evaluation of any risk to human health and the environment resulting from the products in question.