Proposal for a Council Decision concerning the provisional prohibition in Greece of the marketing of seeds of maize hybrids with the genetic modification MON 810 inscribed in the common catalogue of varieties of agricultural plant species, pursuant to Directive 2002/53/EC
Date: 2005-08-29
Institutions: European Commission
Subjects: Greece, genetically modified organism, maize, market approval, public health, seed

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.08.2005 
COM(2005) 396 final 

Proposal for a 

COUNCIL DECISION 

concerning the provisional prohibition in Greece of the marketing of seeds of maize 
hybrids with the genetic modification MON 810 inscribed in the common catalogue of 
varieties of agricultural plant species, pursuant to Directive 2002/53/EC 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  attached  draft  proposal  for  a  Council  Decision  concerns  the  provisional  prohibition  in 
Greece of the marketing of seeds of maize hybrids with the genetic modification MON 810 
inscribed  in  the  common  catalogue  of  varieties  of  agricultural  plant  species,  pursuant  to 
Directive 2002/53/EC.  

The  Commission,  in  accordance  with  Article  17  of  Directive  2002/53/EC,  published  on 
17 September  2004  in  the  C  series  of  the  Official  Journal  of  the  European  Union  a  list  of 
seventeen genetically modified varieties of maize derived from the genetically modified organism 
MON  810  in  the  13th  supplement  to  the  22nd  complete  edition  of  the  common  catalogue  of 
varieties of agricultural plant species.  

On  7  April  2005,  the  Greek  authorities  notified  to  the  Commission  a  Ministerial  Order 
prohibiting for the growing seasons of 2005 and 2006 the marketing of seeds of the seventeen 
above-mentioned  varieties  and  asked  the  Commission  to  authorise  this  national  measure  in 
accordance with Article 18 of Directive 2002/53/EC.  

On the basis of the elements supplied by Greece in support of its request, it appears that none 
of the specific provisions of Article 18 of the said Directive are applicable in the case of the 
prohibition  just  mentioned  and  that  an  authorisation  for  such  a  prohibition  may  thus  not  be 
granted. 

Against this background, a draft Commission Decision providing that the Hellenic Republic is 
not authorised to prohibit the marketing of the above mentioned seeds was submitted to the 
Standing  Committee  on  Seeds  and  Plant  Propagating  Material  for  Agriculture,  Horticulture 
and  Forestry  on  20  July  2005,  for  vote.  11  Member  States  (162  votes)  voted  in  favour,  9 
Member  States  (109  votes)  voted  against  and  4  Member  States  (47  votes)  abstained.  One 
Member State was not represented.  

The  Committee  delivered  no  opinion.  Consequently,  pursuant  to  Article  23,  paragraph  3  of 
Council  Directive  2002/53/EC  and  in  accordance  with  Article  5  of  Council  Decision 
1999/468/EC, the Commission is required to submit to the Council a proposal relating to the 
measures  to  be  taken  (the  Council  having  three  months  in  which  to  act  by  a  qualified 
majority), and inform the Parliament. 

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Proposal for a 

COUNCIL DECISION 

concerning the provisional prohibition in Greece of the marketing of seeds of maize 
hybrids with the genetic modification MON 810 inscribed in the common catalogue of 
varieties of agricultural plant species, pursuant to Directive 2002/53/EC 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having regard to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of 
varieties of agricultural plant species1, and in particular Article 18 thereof, 

Having regard to the proposal of the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

1 

2 
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The  Commission  has,  in  accordance  with  Article  17  of  Directive  2002/53/EC, 
published  on  17  September  2004  in  the  C  series  of  the  Official  Journal  of  the 
European  Communities  a  list  of  seventeen  genetically  modified  varieties  of  maize 
derived  from  the genetically  modified organism MON  810 in  the  13th supplement to 
the  22nd  complete  edition  of  the  common  catalogue  of  varieties  of  agricultural  plant 
species2. 

Under Article 16(1) of the Directive, Member States shall ensure that, with effect from 
the publication referred to in Article 17, seed of varieties accepted in accordance with 
this  Directive  or  in  accordance  with  the  principles  corresponding  to  those  of  this 
Directive is not subject to any marketing restrictions relating to the variety. 

According  to  Article  7(4)  of  the  said  Directive,  genetically  modified  varieties  shall 
only be accepted for inclusion in a national catalogue after having been accepted for 
marketing  in  accordance  with  Directive  90/220/EEC,  which  provides  for  the 
assessment of the risks for human health and the environment of genetically modified 
organisms. 

Commission  Decision  98/294/EC  of  22  April  1998  concerning  the  placing  on  the 
market of genetically modified maize (Zea mays L. line MON 810), decided pursuant to 
Council Directive 90/220/EEC3 that consent shall be given for the placing on the market 
of  that  product.  On  3  August  1998  the  French  authorities  effectively  allowed  the 
placing on the market of that product. 

OJ  L 193, 20.7.2002, p. 1, Directive  as  amended by  Regulation  (EC) No 1829/2003  of  the  European 
Parliament and the Council (OJ L 268, 18.10.2003, p. 1). 
OJ C 232 A, 17.9.2004, p. 1. 
OJ L 131, 5.5.1998, p. 32. 

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(5) 

(6) 

(7) 

(8) 

(9) 

On 7 April 2005, the Greek authorities notified to the Commission a Ministerial Order 
N°243267  of  3.3.2005  prohibiting  for  the  growing  seasons  of  2005  and  2006  the 
marketing  of  seeds  of  the  seventeen  above-mentioned  varieties  and  asked  the 
Commission  to  authorise  this  national  measure  in  accordance  with  Article  18  of 
Directive 2002/53/EC.  

Article  18  of  Directive  2002/53/EC,  provides  that  if  it  is  established  that  the 
cultivation  of  a  variety  included  in  the  common  catalogue  of  varieties  could  in  any 
Member  State  be  harmful  from  a  point  of  view  of  plant  health  to  the  cultivation  of 
other  varieties  or  species, or  present a  risk  for  the  environment  or  for  human  health, 
that  Member  State  may  upon  application,  be  authorised  to  prohibit  the  marketing  of 
the seed in question in all or part of its territory. Where there is imminent danger of the 
spread  of  harmful  organisms  or  imminent  danger  for  human  health  or  for  the 
environment, that prohibition may be imposed by the Member State concerned as soon 
as its application has been lodged until such time as a final decision has been taken. 

The  Greek  authorities  explained  in  the  notification  that  the  prohibition  measure  is 
deemed necessary in so far as the cultivation of the genetically modified varieties may 
cause  adverse  effects  to  the  rural  environment.  Greece  did  not  supply  information 
supporting  its  measure  which  could  have  been  referred  to  the  European  Food  Safety 
Authority for a risk assessment as regards human health or the environment of these 
genetically  modified  varieties.  On  4  May  2005,  the  Commission  wrote  to  the  Greek 
authorities  and  asked  for  clarifications,  in  particular,  on  the  possible  effects  of  the 
marketing  of  those  seeds  on  the  rural  environment.  The  Greek  authorities  replied  on 
12 May  2005,  that  adverse  effects  caused  to  the  rural  environment  by  the  seeds  of 
those seventeen genetically modified varieties, are of an economic nature and do not 
concern the environment in general or human health. In this regard, the response also 
stated that the Greek authorities are aware that in application of Community legislation 
for environmental risk assessment, MON 810 has already been assessed as safe for the 
environment and human health. 

On  this  basis,  none  of  the  specific  provisions  of  Article  18  of  Directive  2002/53/EC 
are applicable in the case of the prohibition of the cultivation of these varieties by the 
Greek authorities and an authorisation for such a prohibition may thus not be granted. 

The  Standing  Committee  on  Seeds  and  Plant  Propagating  Material  for  Agriculture, 
Horticulture and Forestry has not delivered an opinion within the time limit laid down 
by its chairman. The measures provided for in this Decision must therefore, by virtue 
of Article 18 of Directive 2002/53/EC, be adopted by the Council. 

HAS ADOPTED THIS DECISION: 

Article 1 

The Hellenic Republic is not authorised to prohibit the marketing of seeds of maize hybrids 
with the genetic modification MON 810 inscribed in the common catalogue of varieties. 

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The  Hellenic  Republic  shall  take  the  necessary  steps  to  comply  with  this  Decision  within  20 
days after its notification, at the latest. 

Article 2 

Article 3 

This Decision is addressed to the Hellenic Republic.  

Done at Brussels, 

For the Council 
The President 

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