WRITTEN QUESTION E-2226/00 by Sebastiano Musumeci (UEN) to the Commission. Etna nature park.
Date: 2000-07-03
Institutions: European Parliament, Provisional data
Subjects: Sicily, environmental protection, nature reserve, political participation

8.5.2001

EN

Official Journal of the European Communities

C 136 E/13

To date, there have been no applications under Directive 90/220/EEC for releases of genetically modified
salmon for the purpose of placing on the market and no consents for such have been granted. Similarly,
the Commission has received no summary notifications from Member States with respect to experimental
releases of genetically modified salmon under the Directive.

Directive 90/220/EEC is currently being revised. A common position on the Commission proposal to
amend the Directive was adopted on 9 December 1999 (3) and introduces a number of new provisions that
should allow for a more effective, efficient and transparent regulatory framework for the deliberate release
of GMOs into the environment. These new provisions, when adopted and transposed into national laws,
will apply to releases of GMOs, for both experimental purposes and the placing on the market, including
genetically modified fish.

The application of Council Directive 90/219/EEC of 23 April 1990, on the contained use of genetically
modified micro-organisms (1) has been extended by the majority of Member States to cover plants and
animals in their resultant national laws. Experimental work with genetically modified salmon has been
done under the provisions of Directive 90/219/EEC on the basis that adequate containment measures have
been employed to limit contact with the general population or the environment.

Use of genetically modified (GM) salmon as or in food requires authorisation under the Novel Foods
Regulation. Under this regulation, GM-food and GM-food ingredient must not present a danger for the
consumer, mislead the consumer or differ from conventional foods to such an extent that their normal
consumption would be nutritionally disadvantageous for the consumer.

As for rules governing relevant research, the Council decision 1999/167/EC of 25 January 1999 adopting
a specific programme for research, technological development and demonstration on quality of life and
management of living resources (1998 to 2002) (4) stipulates that (cid:145)Modifications of the genetic heritage of
animals and animal cloning will be envisaged within this programme only for objectives which are justified
on ethical grounds and when carried out under conditions respecting animal welfare and genetic diversity.
Participants in EC research projects must conform to national legislation and applicable codes of conduct
and seek the approval of the relevant ethics committee prior to the start of the research and technological
development (RTD) activities.(cid:146) These rules would apply to genetically modified fish as to any other
genetically modified animal.

(1) OJ L 117, 8.5.1990.
(2) OJ L 43, 14.2.1997.
(3) OJ C 64, 6.3.2000.
(4) OJ L 64, 12.3.1999.

(2001/C 136 E/013)

WRITTEN QUESTION E-2226/00

by Sebastiano Musumeci (UEN) to the Commission

(3 July 2000)

Subject: Etna nature park

More than ten years ago the authorities of the region of Sicily set up the Etna nature park involving some
20 municipalities, a decision that was taken without prior consultation of the populations concerned. Will
the Commission say whether the procedure followed is in breach of Community rules requiring the
involvement of the populations concerned when environmental constraints are introduced?

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(28 September 2000)

There is no Community environmental legislation that provides that the public be consulted prior to the
setting up of nature parks by the competent authorities.
In the light of the above, no breach of
Community law can be identified in the specific situation mentioned by the Honourable Member.

C 136 E/14

Official Journal of the European Communities

EN

8.5.2001

More generally, however, the Commission promotes the participation of the public in environmental
decision-making, as is evident in recent legislative proposals such as the environmental impact assessment
directive (1) and the strategic environmental assessment directive (2). Furthermore, the Community has
signed the Aarhus Convention on access to information, public participation in decision making and
access to justice in environmental matters, which it will ratify as soon as legally possible.

(1) Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of

certain public and private projects on the environment (OJ L 73, 14.3.1997).

(2) Proposal of the Commission for a directive of the Parliament and of the Council, on the assessment of the effects of
certain plans and programmes on the environment (common position of 30 March 2000 in OJ C 137, 16.5.2000).

(2001/C 136 E/014)

WRITTEN QUESTION E-2233/00

by Elisa Damiªo (PSE) to the Commission

(5 July 2000)

Subject: Agreement between South Africa and the European Union

According to Portuguese exporters, despite the agreement concluded between South Africa and the
European Union, there are still cases of dumping, in violation of Article 2 of the agreement and to the
detriment of Portuguese industry.

What action has the Commission taken to prevent the occurrence of situations of unfair competition and
what has it done to ensure that no harm is caused to Portuguese industries?

Answer given by Mr Lamy on behalf of the Commission

(18 September 2000)

While South Africa continues to be entitled to take trade protection measures against dumped imports, the
Community is very concerned with regard to the extensive use made by South Africa of the anti-dumping
instrument. South Africa has become one of the most frequent users of antidumping measures in the
world, and Community exports are increasingly hit by such duties. The Commission has repeatedly
pointed out to the South African authorities its concerns and its doubts about the compatibility of some
South African investigations with the relevant World Trade Organisation (WTO) Agreement. South Africa
has not yet replied to the Commission(cid:146)s objections.

As regards Portugal, one measure is in force: definitive anti-dumping duties on imports of acrylic tow. In
relation with this case, the Commission has examined in some detail the substance of the case to ascertain
whether there are enough elements to permit a valid WTO case to be brought should it deem this is the
right course of action. There are a number of issues of both policy and substance to be resolved before a
final decision is taken. The Commission appreciates that a considerable length of time has elapsed since
the imposition of the duties but the Honourable Member will understand that the complexity of these
issues results in the necessity of extensive debate and reflection.

The Commission has been in contact to that effect with the Portuguese exporter affected, which, of course,
will be kept informed of the outcome of the evaluation as soon as a conclusion is reached.

As regards the trade, development and co-operation Agreement (TDCA) with South Africa, it has to be
noted that its Article 2 concerns the essential elements (democracy, human rights, rule of law) of the
Agreement, which do not seem to be directly affected by the measures taken by South Africa. In fact,
Article 23.1 of the TDCA specifies explicitly that the Agreement does not affect the right of either party to
take anti-dumping measures in conformity with WTO obligations