2006/10/EC: Commission Decision of  10 January 2006  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  (notified under document number C(2005) 5964)
Date: 2006-01-10
Institutions: European Commission
Subjects: Greece, genetically modified organism, maize, marketing restriction, seed

12.1.2006

EN

Official Journal of the European Union

L 7/27

COMMISSION DECISION

of 10 January 2006

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

(notified under document number C(2005) 5964)

(Only the Greek text is authentic)

(2006/10/EC)

(5)

(6)

(7)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 2002/53/EC of 13 June
2002 on the common catalogue of varieties of agricultural
plant species (1), and in particular Article 18 thereof,

Whereas:

(1)

(2)

(3)

(4)

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 Union
a list of seventeen genetically modified varieties of maize
derived from the genetically modified organism MON
to the 22nd complete
810 in the 13th supplement
edition of the common catalogue of varieties of agri-
cultural plant species (2).

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
accordance with Council Directive
90/220/EEC (3), which provides for the assessment of
the risks for human health and the environment of
genetically modified organisms.

in

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
that
pursuant

to Council Directive 90/220/EEC (4)

(1) OJ L 193, 20.7.2002, p. 1. Directive as amended by Regulation (EC)
No 1829/2003 of the European Parliament and of the Council (OJ
L 268, 18.10.2003, p. 1).
(2) OJ C 232 A, 17.9.2004, p. 1.
(3) OJ L 117, 8.5.1990, p. 15. Directive as

last amended by

Commission Directive 97/35/EC (OJ L 169, 27.6.1997, p. 72).

(4) OJ L 131, 5.5.1998, p. 32.

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.

On 7 April 2005, the Greek authorities notified to the
Commission a Ministerial Order No 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

environment of

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
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 autho-
rities replied on 12 May 2005, that adverse effects caused
to the rural environment by the seeds of
those 17
genetically modified varieties,
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
risk
assessment, MON 810 has already been assessed as safe
for the environment and human health.

environmental

legislation

are of

for

L 7/28

EN

Official Journal of the European Union

12.1.2006

(8)

(9)

(10)

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 prohi-
bition may thus not be granted.

The Standing Committee on Seeds and Plant Propagating
for Agriculture, Horticulture and Forestry did
Material
not deliver a favourable opinion in the time limit laid
down by its
chairman. The Commission therefore
submitted a proposal relating to these measures to the
Council on 30 August 2005, pursuant to Article 23,
paragraph 3 of Directive 2002/53/EC and in accordance
with Article 5 of Council Decision 1999/468/EC of 28
June 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (1).

HAS ADOPTED THIS DECISION:

Article 1

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

Article 2

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

Article 3

This Decision is addressed to the Hellenic Republic.

Since, on the expiry of the period laid down in Article
23(3) of Directive 2002/53/EC, the Council had neither
adopted the proposed measures nor indicated its oppo-
in accordance with Article 5(6) of
sition to them,
Decision
be
adopted by the Commission,

the measures

1999/468/EC,

should

Done at Brussels, 10 January 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

(1) OJ L 184, 17.7.1999, p. 23.