WRITTEN QUESTION No. 2541/97 by Hiltrud BREYER to the Commission. Decision 94/730/EC establishing simplified procedures concerning the deliberate release into the environment of genetically modified plants - transposition in the Member States
Date: 1997-07-24
Institutions: BREYER, European Parliament
Subjects: administrative formalities, application of EU law, crop production, environmental protection, genetically modified organism, national implementing measure

11. 3. 98

EN

Official Journal of the European Communities

C 76/123

(98/C 76/234)

WRITTEN QUESTION E-2539/97

by Hiltrud Breyer (V) to the Commission

(24 July 1997)

Subject: Decision  94/730/EC  establishing  simplified  procedures  concerning  the  deliberate  release  into  the
environment of genetically modified plants › conflict with Regulation (EEC) No 2092/91

As I am not satisfied with your answer either to Written Question E-2402/96 (1) or to the supplement (2), I will put
my question again.

How can Regulation No 2092/91 (3) be transposed if, in accordance with point 6.1. of the Annex to Decision

1.
94/730/EC (4), details such as the site of the experimental area do not necessarily have to be specified?

2.
The Council and the Commission agreed that the use of genetically modified organisms in organic farming
is at present out of the question. However, if information is withheld pursuant to point 6.1. a farm using organic
methods can no longer guarantee this.

What does the Commission think about this problem?

(1)  OJ C 96, 24.3.1997, p. 8.
(2)  OJ C 60, 25.2.1998, p. 5.
(3)  OJ L 198, 22.7.1991, p. 1.
(4)  OJ L 292, 12.11.1994, p. 31.

(98/C 76/235)

WRITTEN QUESTION E-2540/97

by Hiltrud Breyer (V) to the Commission

(24 July 1997)

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

As I am not satisfied with your answer either to Written Question E-2403/96 (1) or to the supplement (2), I will put
my question again.

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 (3)?

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 C 96, 24.3.1997, p. 8.
(2)  OJ C 60, 25.2.1998, p. 5.
(3)  OJ L 117, 8.5.1990, p. 15.

(98/C 76/236)

WRITTEN QUESTION E-2541/97

by Hiltrud Breyer (V) to the Commission

(24 July 1997)

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

environment of genetically modified plants › transposition in the Member States

As I am not satisfied with your answer either to Written Question E-2405/96 (1) or to the supplement (2), I will put
my question again.

Can  Decision  94/730/EC (3)  be  applied  even  in  the  Member  States  which  have  not  or  only  inadequately
transposed Directive 90/220/EEC (4) and the Member States against which proceedings are being brought for
failure to transpose the legislation adequately?