WRITTEN QUESTION P-1446/01 by Hiltrud Breyer (Verts/ALE) to the Commission. Non-application of Article 4(3) of Directive 90/220.
Date: 2001-05-11
Institutions: European Parliament, Provisional data
Subjects: crop production, genetically modified organism, infringement of EU law, market approval, sampling, testing

4.12.2001

EN

Official Journal of the European Communities

C 340 E/231

In addition, the Commission can confirm that the Member of the Commission responsible for Employment
and Social Affairs has made no statements concerning the Canary Islands. She has, however, on several
occasions referred to the existence of irregularities or presumed irregularities in the various Member States.

(2001/C 340 E/267)

WRITTEN QUESTION P-1446/01

by Hiltrud Breyer (Verts/ALE) to the Commission

Subject: Non-application of Article 4(3) of Directive 90/220

(11 May 2001)

Can the Commission confirm that the relevant tests for carrying out checks to detect all genetically
modified plant varieties which are currently authorised or on the market in non-Member States are
available to the Commission and all the Member States? (Please answer yes or no).

Can the conclusion be drawn from the Commission(cid:146)s answer of 26 March 2001 to Question P-0197/01 (1)
of 29 January 2001 that the Commission as yet has no information concerning the extent to which spot
checks are carried out in which Member States?

Can the conclusion be drawn from answer No 4 to the same question that neither the Commission nor the
Member States are currently in a position to carry out checks to detect a possibly unauthorised deliberate
release of genetically modified organisms for the purpose of placing products on the market?

(1) OJ C 235 E, 21.8.2001, p. 153.

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

(22 June 2001)

The modification of plant varieties by gene technology which are currently approved in non-Member
States is based on a limited number of traits and accompanying regulatory sequences. These sequences are
commonly used and known in the scientific community. Based on this knowledge it is possible to detect
whether a product has been genetically modified or not, in a first step.

If this is the case, the genetic modification has to be identified in order to verify if it is an authorised
genetically modified organism (GMO). In order to do this, Member States can use the information on
inserted sequences contained in the notification dossiers when there has been an application for marketing
in the Community, irrespective of the fact that the product is authorized or the application is still pending.
If tests with such sequences specific to a particular genetic modification give a positive answer, one can
conclude that an authorised or pending GMO is present. Should these tests give a negative answer, such
a GMO would be classified as not approved or pending in the Community. If further sequence information
on such a non-approved GMO is seen to be necessary, this information has to be collected from other
reliable sources.

the Cartagena Protocol on Biosafety (not GMOs only for Living Modified
The implementation of
Organisms (LMOs), not for example soyameal) will i.e. provide for a further mechanism for the exchange
of such information. Furthermore the CODEX Ad Hoc Task Force on Foods Derived from Biotechnology
aims at establishing a register or depository containing relevant information on methods for detection and
identification of GMOs or foods derived from GMOs and a Working Group under the chairmanship of
Germany has been established to this end.

The transfer of information on inspection and control measures is assured by a regular exchange with
Member States i.e. on the occasion of the Competent Authorities meetings, which are chaired by the
Commission.

C 340 E/232

Official Journal of the European Communities

EN

4.12.2001

In addition, the Commission has funded a project on the (cid:145)Enforcement on the Deliberate Release of GMOs(cid:146)
with the aim of having a common approach on the inspection and control activities in Member States and
increasing the direct contact of the inspection services.

The Joint Research Centre of the Commission is co-ordinating a network of GMO laboratories of Member
States with the aim to exchange information on methods for sampling and detection of GMOs and the
results of controls undertaken in the different Member States.

The detection of low level presence of non-approved varieties last and this year shows that controls in
Member States are being carried out and have been able to detect
traces of approved as well as
unapproved varieties in seed lots of conventional varieties of cotton, oilseed rape and maize.

(2001/C 340 E/268)

WRITTEN QUESTION E-1492/01

by Chris Davies (ELDR) to the Commission

(18 May 2001)

Subject: Phthalates in toys

Does the Commission have any evidence that children(cid:146)s toys made of, or containing plastics softened with
phthalates are being imported into the European Union?

Answer given by Mr Liikanen on behalf of the Commission

(29 June 2001)

Council Directive 88/378/EEC of 3 May 1988 on the approximation of the laws of the Member States
concerning the Safety of Toys (1) applies to all toys to be placed on the Community market, without any
restriction concerning the origin of the products. Therefore, it is the responsibility of market surveillance
authorities from Member States to check that all toys (imported or not) comply with the legislation. This
also applies to the Commission Decision 1999/815/EC of 7 December 1999 adopting measures
prohibiting the placing on the market of toys and childcare articles intended to be placed in the mouth
by children under three years of age made of soft polyvinyl chloride (PVC) containing one or more of the
substances di-iso-nonyl phthalate (DINP), di(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), di-iso-
decyl phthalate (DIDP), di-n-octyl phthalate (DNOP), and butylbenzyl phthalate (BBP) (2) which bans the use
of six phthalate esters in soft PVC toys and childcare articles intended to be mouthed by children under the
age of three.

Member States must ensure that they are correctly applying Council Regulation (EEC) No 339/93 of
8 February 1993, on checks for conformity with the rules on product safety in the case of products
imported from third countries (3). The Regulation provides a framework for co-operation between customs
officers and product safety officers. Under this Regulation, customs authorities are given powers to
suspend the release of goods which create significant concern of a serious and immediate risk to health
and safety. The same applies where the required documentation or labelling is missing. Customs authorities
must notify market surveillance authorities of their decision to suspend release of a product on these
grounds, and surveillance authorities must then be in a position to take appropriate action.

In the framework of the rapid exchange of information among Member States for products that they
consider present a serious and immediate risk (RAPEX system), the Commission has received a very small
number (3-4) notifications that concern imported products containing phthalates. Given the vast number
of imported soft PVC toys, the small number of notifications confirms the general compliance of toys to
the provisions of the toy Directive and the Commission Decision.