WRITTEN QUESTION E-3733/02 by Graham Watson (ELDR) to the Commission. GM crops site inspections.
Date: 2002-12-19
Institutions: European Parliament, Provisional data
Subjects: genetically modified organism, health control, testing

15.1.2004

EN

Official Journal of the European Union

C 11 E/59

(2004/C 11 E/062)

WRITTEN QUESTION E-3541/02

by Glenys Kinnock (PSE) to the Commission

(11 December 2002)

Subject: Ombudsman for developing countries’ trade

Will the Commission outline its opinion on the proposal that an EU Ombudsman on developing countries’
exports should be established, in order to help remove ‘accidental’ barriers to trade? Can the Commission
explain how such a proposal would be funded?

Answer given by Mr Lamy on behalf of the Commission

(16 January 2003)

The Commission is proposing to create a Help Desk with the purpose of supplying the information
necessary to commercial operators in developing countries to export to the Union.

The Help Desk will take the form of a database containing tariff levels, relevant documentation and
legislation and will also be in a position to supply advice on problem solving. It is hoped that this new
service will be available to the developing world late 2003.

(2004/C 11 E/063)

WRITTEN QUESTION E-3733/02

by Graham Watson (ELDR) to the Commission

(19 December 2002)

Subject: GM crops site inspections

Would the Commission state how many site inspections by GM crops Inspectorates have been made in
each Member State where GM crop trials are allowed?

Answer given by Mrs Wallström on behalf of the Commission

(20 February 2003)

Experimental releases of genetically modified organisms (GMOs), including GM crops, are now regulated
under Part B of Directive 2001/18/EC of the Parliament and of the Council of 12 March 2001, on the
deliberate release into the environment of genetically modified organisms (1), which was applicable on
17 October 2002. To date, no experimental releases have been conducted under this Directive.

Directive 2001/18/EC replaced Council Directive 90/220/EEC of 23 April 1990 (2), which similarly
provided for regulation of experimental releases of GMOs,
including GM crops, under its Part B.
releases were conducted under Directive 90/220/EEC from its
Approximately 1700 experimental
application in October 1991 until it was replaced on 17 October 2002. Summary details of these releases
are available via the web site of the Joint Research Centre (JRC) of the Commission. The JRC report (made
by the Institute for Prospective Technological Studies in Seville (IPTS)) on ‘Review of GMOs under research
and development and in the pipeline in Europe’ gives an overview of the experiments in the Community
(November 2002).

Under Directive 90/220/EEC, the examination of applications and granting of consent for experimental
releases were carried out by the authorities of the Member State in which the release is to take place. This
procedure will continue under Directive 2001/18/EC.

C 11 E/60

Official Journal of the European Union

EN

15.1.2004

Article 4 of Directive 90/220/EEC required that Member States shall ensure that their competent authority
organises inspection and other control measures, as appropriate, to ensure compliance with the Directive.
This is again, similarly reflected in Directive 2001/18/EC.

Consequently, it is the competent authorities of Member States that control site inspections of GM crop
trials and hold the relevant
the
Community.

information. Such inspections are not undertaken at

the level of

(1) OJ L 106, 17.4.2001.
(2) OJ L 117, 8.5.1990.

(2004/C 11 E/064)

WRITTEN QUESTION P-3859/02

by Alexander de Roo (Verts/ALE) to the Commission

Subject: Incomplete implementation of the Habitats Directive

(6 January 2003)

The Hamsterwerkgroep (Hamster Working Party), Limburg, Foundation has received a letter from the
Director of the Avantis cross-border Industrial Park (GOB Aachen Heerlen BV) informing it that is not
welcome to visit the Avantis Park in order to investigate trends in the hamster population.

Avantis claims that there are no hamster colonies in this area. Official inspections are carried out by the
General Inspectorate (AID) of the Ministry of Agriculture, Nature Management and Fisheries (LNV).

The Hamsterwerkgroep (Hamster Working Party), Limburg, Foundation has serious doubts about the
deployment of the AID with regard to this matter. During a joint inspection on 15 December 1998,
carried out together with two LNV officials and one from the AID, various hamster colonies were
discovered on what is now the Avantis site. One week later, they had been deliberately destroyed by
bulldozers.

The fact that hamster colonies had been sighted until late 1998 must constitute a reason for the situation
to be restored.

In an effort to remedy and compensate for the damage, a hamster protection plan was drawn up in which
11 core areas were designated as a new hamster biotope. The Avantis Park does not figure among them. In
the meantime, these core areas are also under threat, especially near Margraten and Maastricht, where
sports grounds and golf courses are likely to encroach on the areas set aside for hamsters.

The Netherlands Government is still not properly implementing Article 12(4) of the Habitats Directive (92/
43/EEC) (1), despite the entry into force of the Flora and Fauna Act of 1 April 2002.

Does the European Commission agree with me that, in late 1998, deliberate and wilful action was taken
against the letter of the Habitats Directive and that the Netherlands has still not implemented Article 12(4)
of the Habitats Directive?

Does the European Commission agree with me that the Netherlands is also in breach of its obligations
with regard to compensatory measures (in this instance the hamster protection plan)?

What will the European Commission do to have the situation which has thus arisen remedied and the
original situation restored?

(1) OJ L 206, 22.7.1992, p. 7.