WRITTEN QUESTION P-1605/03 by Heide Rühle (Verts/ALE) to the Commission. Possible breach of environment information directive.
Date: 2003-05-07
Institutions: European Parliament, Provisional data
Subjects: Germany, access to information, consumer protection, interpretation of the law, judicial inquiry, transport accident

6.2.2004

EN

Official Journal of the European Union

C 33 E/139

(2004/C 33 E/137)

WRITTEN QUESTION E-1599/03

by Caroline Jackson (PPE-DE) to the Commission

(12 May 2003)

Subject: US Classification of genetically engineered crops (follow up to question H-0433/98)

Further to question H-0433/98 (1), what changes, if any, has the US Department of Agriculture made to
the US organic food standards so as to allow genetically engineered crops and the products of intensive
animal rearing to be classified as organic?

(1) Written answer of 12 May 1998.

Answer given by Mr Fischler on behalf of the Commission

(23 June 2003)

The National Organic Programme as laid down by the American Department of Agriculture defines the
official American organic farming standards. It came into force on 22 October 2002.

Compared to the proposed National Organic Programme to which oral question H-0433/98 during
question time at Parliament’s May 1998 session by the Honourable Member was referring, the American
Department of Agriculture has made a number of changes in the final rule.

As to genetically modified organisms, the National Organic Programme in its final rule excludes the
following ‘excluded methods: a variety of methods used to genetically modify organisms or influence their
growth and development by means that are not possible under natural conditions or processes and are not
considered compatible with organic production. Such methods include cell fusion, microencapsulation and
macroencapsulation, and recombinant DNA technology (including gene deletion, gene doubling, introduc-
ing a foreign gene, and changing the positions of genes when achieved by recombinant DNA technology).
Such methods do not include the use of traditional breeding, conjugation, fermentation, hybridization, in
vitro culture or tissue culture’ (National Organic Program, § 205.2). An exception is made for vaccines
(National Organic Program, § 205.105(e)).

As to livestock production, the National Organic Programme requires living conditions which accom-
modate the health and natural behaviour of the animals, including access to the outdoors, shade, shelter,
exercises areas, fresh air, and direct sunlight suitable to the species, its stage of production, the climate and
the environment, and access to pasture for ruminants. (National Organic Program, § 205.239(a)). Also, ‘the
producer of an organic livestock operation must manage manure in a manner that does not contribute to
contamination of crops, soil or water by plant nutrients, heavy metals, or pathogenic organisms and
optimises recycling of nutrients’ (National Organic Program, § 205.239(c)).

(2004/C 33 E/138)

WRITTEN QUESTION P-1605/03

by Heide Rühle (Verts/ALE) to the Commission

Subject: Possible breach of environment information directive

(7 May 2003)

Following an aircraft accident, a German public prosecutor’s office opened an investigation on grounds of
‘endangerment of rail, sea and air transport’.

The investigation was later closed. Subsequently, an application was made to the public prosecutor’s office
(cid:1) under the German law on access to information concerning the environment and Council Directive 90/
313/EEC (1) on the freedom of access to information on the environment (cid:1) for access to the files of the
investigation.

C 33 E/140

Official Journal of the European Union

EN

6.2.2004

The application was rejected on the grounds that, pursuant to § 3, paragraph 1, S2, No 3 of the above
German law, the public prosecutor’s office, as a law enforcement agency, does not fall among the
authorities governed by that law.

Does the Commission consider the rejection pursuant to § 3, paragraph 1, S2, No 3 of the German
Environment Information Law to be justified even though the public prosecutor’s office was acting only in
an investigative capacity and not in a ‘judicial capacity’ in accordance with Article 2(b) of Directive 90/313/
EEC?

(1) OJ L 158, 23.6.1990, p. 56.

(2004/C 33 E/139)

WRITTEN QUESTION E-1612/03

by Heide Rühle (Verts/ALE) to the Commission

(13 May 2003)

Subject: Further possible breach of directive on access to environmental information

The German Federal Ministry of Transport, Building and Housing has had a cost-benefit study carried out
for a number of transport projects, in some cases in conjunction with environmental assessments. This
report is also to be taken into account for draft legislation on the continuation of the federal road-building
plan.

The Federal Government has asked the governments of the Länder for their opinions on the results of the
cost-benefit study. The Baden-Württemberg Ministry of Transport has in turn asked the regional councils
(Regierungspräsidien)for their opinions.

The Karlsruhe regional council was asked for a copy of its opinion pursuant to the German law on
freedom of access to environmental information (UIG) and the Directive on public access to environmental
information. The Karlsruhe regional council refused to comply with the request on the following grounds:

Under § 3, paragraph 1 No 1 of the UIG, the highest Land authorities, in so far as they are acting in a
legislative capacity, are not subject to the obligation to provide information.

The Karlsruhe regional council is not the highest authority in the Land. However, the opinion of the
Karlsruhe regional council on the federal road-building plan is required by the Ministry of the
Environment and Transport
for the purposes of Baden-Württemberg Land’s participation in a
legislative procedure, namely the procedure leading to the next law on the expansion of the national
road network. § 3, paragraph 1 No 1 of the UIG, which exempts the Ministry from the obligation to
provide information, cannot be circumvented by requesting the information not from the Ministry
enjoying the privilege conferred by § 3, paragraph 1 No 1 of the UIG but from a subordinate body
which does not enjoy that privilege.

Does the Commission take the view that the regional council may exempt its opinion from the principle
of access to information on the grounds that the document was drawn up by the (subordinate) regional
council for the (superior) Land Ministry acting in a legislative capacity (Article 2(b) of Directive 90/313/
EEC (1))?

(1) OJ L 158, 23.6.1990, p. 56.

Joint answer
to Written Questions P-1605/03 and E-1612/03
given by Mrs Wallström on behalf of the Commission

(25 June 2003)

The questions put forward by the Honourable Member both relate to the question of compatibility of § 3,
paragraph 1, of
(Umweltin-
formationsgesetz) with Article 2 (b) of Council Directive 90/313/EEC of 7 June 1990 on the freedom of
access to information on the environment.

the German law on access to information concerning the environment