WRITTEN QUESTION P-1169/00 by Alexandros Alavanos (GUE/NGL) to the Commission. Modified cotton seeds.
Date: 2000-04-10
Institutions: European Parliament, Provisional data
Subjects: cotton, import (EU), import restriction, seed, transgenic plant

6.3.2001

EN

Official Journal of the European Communities

C 72 E/21

Labelling is a broad term which may have several objectives. These include consumer information about
contents, methods of production and ingredients, and warnings about certain potential health risks (eg
possible presence of allergens). Labelling is covered by the World Trade Organization (WTO) sanitary and
phytosanitary agreement where it is related directly to food safety. Otherwise it is covered by the WTO
agreement on technical barriers to trade (TBT), or even by the General agreement on tariffs and trade
(GATT). The TBT agreement seeks to ensure that technical measures do not impede international trade.
Trade-restrictive measures are allowed only if they are aiming at some legitimate objective. Consumer
information is not explicitly mentioned in the TBT list so far, but health concerns and prevention of
deceptive practices are explicitly mentioned. This does not mean that consumer information could not be
considered as a legitimate objective under the TBT agreement because firstly the agreement authorizes
labelling when it is used to prevent deceptive practices, and, secondly, because this list of legitimate
objectives is not exhaustive.

The Commission wishes to see multilateral discussions with view to obtaining international agreement on
these issues. The Codex Alimentarius has established general and specific standards for some categories of
products. The Commission takes part in the Codex meetings and, together with the Member States, will
continue to use its best endeavours to obtain agreement which meets the Community objectives with
respect to the protection of human health and consumer information.

(2001/C 72 E/024)

WRITTEN QUESTION P-1169/00

by Alexandros Alavanos (GUE/NGL) to the Commission

(10 April 2000)

Subject: Modified cotton seeds

The importation and cultivation of genetically modified seeds is prohibited in the European Union
pursuant to Community Directives 90/220 (1) and 98/95 (2). Traditional varieties of cotton seed which
also contain modified seeds have reportedly been imported into Greece. According to information from
the Association of Official Seed Certifying Agencies (AOSCA), the competent international body for the
certification of seeds, the USA does not certify that the seeds imported from that country are free of
genetically modified material.

Given that European legislation prohibits the marketing and use of modified seed, will the Commission
say:

1. whether it proposes to ban imports into the EU from the USA and other countries of cotton seeds and
other plant seeds for which there is no official certification that they do not contain genetically
modified material, and

2. whether the Member States can unilaterally ban imports of seeds pursuant to current Community

legislation?

(1) OJ L 117, 8.5.1990, p. 15.
(2) OJ L 25, 1.2.1999, p. 1.

Answer given by Mr Byrne on behalf of the Commission

(15 June 2000)

1.
No genetically modified cotton varieties have as yet received authorisation for the placing on the
market in the Community under Part C of Council Directive 90/220/EEC of 23 April 1990 on the
deliberate release into the environment of genetically modified organisms. Two applications, concerning
the placing on the market of insect-resistant and herbicide-tolerant cotton, are currently pending approval
in the authorisation procedure under the Directive.

C 72 E/22

Official Journal of the European Communities

EN

6.3.2001

Under current Community law, the placing on the market, including the import, of seeds consisting of, or
containing genetically modified material which has not been authorised in the Community under Council
Directive 90/220/EEC or under equivalent product specific Community provisions is prohibited. This
applies also to seed lots of conventional varieties, that contain impurities of unauthorized genetically
modified material.

As indicated in position 77 of the Annex to the Commission(cid:146)s white paper on food safety (1), the
Commission has the intention to adopt, under the existing Community seed legislation, standards for
purity concerning the adventitious presence of genetically modified seeds as well as specific labelling
requirements for seeds in respect of genetically modified material. This would ensure that these standards
and labelling requirements are integrated in the official seed certification procedure established for seeds
produced in the Community in Directive 69/208/EEC for cotton. The same measures would also be
included in the seed equivalence regime governing the requirements for seeds imported into the
Community, as established on the basis of the same Directive for cotton.

the authorities of

Until such time,
the Member States, under their general obligation to monitor
compliance with Community law, have to assess the risk of the possible presence of unauthorized
genetically modified material and, in case of suspicion, to carry out appropriate testing with the aim to
intercept contaminated lots and prevent them from being marketed and used.

Under these conditions, the Commission does not propose for the time being to ban imports of seeds only
on the grounds that there is no official certification by the exporting country that the seeds do not contain
genetically modified material.

2. Member States can, in addition to the mandatory checks required under the relevant Community
provisions, unilaterally include any other checks for compliance with Community law in the procedures
applicable to imports from third countries and take the appropriate action in case of findings confirming
non-compliance with Community law. However, there is no basis for Member States banning unilaterally
imports of seeds only on the grounds that there is no official certification by the exporting country of the
type referred to in the Honourable Member(cid:146)s first question.

(1) COM(1999) 719 final.

(2001/C 72 E/025)

WRITTEN QUESTION P-1170/00

by Arlindo Cunha (PPE-DE) to the Commission

(10 April 2000)

Subject: Milk quota in Portugal

1.
The amount of milk collected in Portugal has been rising sharply, particularly in 1999. This increase,
and the consequent rise in production, affects specific regions, including the Azores Autonomous Region.

There is reason to believe that for 1999/2000, the amount of milk collected will exceed the reference

2.
quantity for Portugal, with some operators claiming the surplus could be as much as 100 000 tonnes.

3.
Strangely enough, the Portuguese Government did not seek to resolve this problem within the
Agenda 2000 CAP negotiations, unlike other governments, given that it was already apparent that Portugal
had a major problem with its milk quota.