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| 12 June 2002 |
 [177 kb] |
 [270 kb] |
FINAL |
| A5-0229/2002 |
***I
REPORT
on the proposal for a European Parliament and Council
regulation concerning traceability and labelling of genetically
modified organisms and traceability of food and feed products
produced from genetically modified organisms and amending Directive
2001/18/EC (COM(2001) 182 – C5‑0380/2001 –
2001/0180(COD))
Committee on the Environment, Public Health
and Consumer Policy
Rapporteur: Antonios Trakatellis
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Symbols for procedures |
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* Consultation
procedure majority of the votes cast
**I Cooperation procedure
(first reading) majority of the votes cast
**II Cooperation procedure
(second reading) majority of the votes cast, to approve
the common position majority of Parliament’s
component Members, to reject or amend the common
position
*** Assent
procedure majority of Parliament’s component Members
except in cases covered by Articles 105, 107, 161 and 300
of the EC Treaty and Article 7 of the EU Treaty
***I Codecision procedure
(first reading) majority of the votes cast
***II Codecision procedure
(second reading) majority of the votes cast, to approve
the common position majority of Parliament’s
component Members, to reject or amend the common
position
***III Codecision procedure
(third reading) majority of the votes cast, to approve
the joint text
(The type of procedure depends on the legal
basis proposed by the Commission) |
|
Amendments to a legislative
text |
|
In amendments by Parliament, amended text is
highlighted in bold italics. Highlighting in
normal italics is an indication for the relevant
departments showing parts of the legislative text for which a
correction is proposed, to assist preparation of the final
text (for instance, obvious errors or omissions in a given
language version). These suggested corrections are subject to
the agreement of the departments
concerned. | |
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PROCEDURAL PAGE
By letter of 20 August 2001 the Commission submitted
to Parliament, pursuant to Article 251(2) and Article 95 of the EC
Treaty, the proposal for a European Parliament and Council
regulation concerning traceability and labelling of genetically
modified organisms and traceability of food and feed products
produced from genetically modified organisms and amending Directive
2001/18/EC (COM(2001) 182 - 2001/0180 (COD)).
At the sitting of 3 September 2001 the President of
Parliament announced that she had referred this proposal to the
Committee on the Environment, Public Health and Consumer Policy as
the committee responsible and the Committee on Industry, External
Trade, Research and Energy and the Committee on Committee on
Agriculture and Rural Development for their opinions
(C5‑0380/2001).
The Committee on the Environment, Public Health and
Consumer Policy appointed Antonios Trakatellis rapporteur at its
meeting of 13 September 2001.
The committee considered the Commission proposal and
draft report at its meetings of 19 February, 16 April, 22 May
and 4 June 2002.
At the last meeting it adopted the draft legislative
resolution by 30 votes to 24, with abstentions.
The following were present for the vote: Caroline F.
Jackson, chairman;Alexander de Roo and Anneli Hulthén,
vice-chairmen; Antonios Trakatellis, rapporteur; Per-Arne Arvidsson,
María del Pilar Ayuso González, David Robert Bowe, John Bowis,
Philip Bushill-Matthews (for Raffaele Costa), Martin Callanan,
Dorette Corbey, Chris Davies, Véronique De Keyser (for María Sornosa
Martínez), Jillian Evans (for Hiltrud Breyer), Anne Ferreira,
Marialiese Flemming, Karl-Heinz Florenz, Christos Folias (for
Caroline F. Jackson, pursuant to Rule 153(2)), Cristina
García-Orcoyen Tormo, Robert Goodwill, Cristina Gutiérrez Cortines,
Jutta D. Haug (for Catherine Stihler), Karin Jöns (for Elena
Valenciano Martínez-Orozco), Eija-Riitta Anneli Korhola, Hans
Kronberger, Bernd Lange, Paul A.A.J.G. Lannoye (for Marie Anne Isler
Béguin), Torben Lund, Jules Maaten, Minerva Melpomeni Malliori,
Helmuth Markov (for Pernille Frahm, pursuant to Rule 153(2)),
Jorge Moreira da Silva, Rosemarie Müller, Riitta Myller, Giuseppe
Nisticò, Ria G.H.C. Oomen-Ruijten, Neil Parish (for Avril Doyle),
Béatrice Patrie, Marit Paulsen, Encarnación Redondo Jiménez (for
Françoise Grossetête), Frédérique Ries, Didier Rod (for Patricia
McKenna), María Rodríguez Ramos (for Phillip Whitehead), Dagmar
Roth-Behrendt, Guido Sacconi, Giacomo Santini (for Christa Klaß),
Karin Scheele, Ursula Schleicher (for Peter Liese), Inger Schörling,
Elisabeth Schroedter (for Mihail Papayannakis, pursuant to
Rule 153(2)), Jonas Sjöstedt, Renate Sommer (for Emilia
Franziska Müller), Marianne L.P. Thyssen (for Horst Schnellhardt)
and Kathleen Van Brempt.
The opinions of the Committee on Industry, External
Trade, Research and Energy and the Committee on Agriculture and
Rural Development are attached.
The report was tabled on 12 June 2002.
The deadline for tabling amendments will be indicated
in the draft agenda for the relevant part-session. |
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DRAFT LEGISLATIVE RESOLUTION
European Parliament legislative resolution on the proposal
for a European Parliament and Council regulation concerning
traceability and labelling of genetically modified organisms and
traceability of food and feed products produced from genetically
modified organisms and amending Directive 2001/18/EC (COM(2001) 182
– C5‑0380/2001 – 2001/0180(COD))
(Codecision procedure: first reading)
The European Parliament,
– having regard to the Commission
proposal to the European Parliament and the Council (COM(2001) 182(1)),
– having regard to Article 251(2) and
Article 95 of the EC Treaty, pursuant to which the Commission
submitted the proposal to Parliament (C5‑0380/2001),
– having regard to Rule 67 of its
Rules of Procedure,
– having regard to the report of the
Committee on the Environment, Public Health and Consumer Policy (and
the opinion of the Committee on Industry, External Trade, Research
and Eneergy and the Committee on Agriculture and Rural Development)
(A5‑0229/2002),
1. Approves the Commission proposal
as amended;
2. Asks to be consulted again should
the Commission intend to amend the proposal substantially or replace
it with another text;
3. Instructs its President to forward
its position to the Council and Commission.
| Text proposed by the
Commission |
Amendments by
Parliament |
Amendment 1
Recital 1
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Directive 2001/18/EC of the European
Parliament and the Council of 12 March 2001 on the deliberate
release into the environment of genetically modified organisms
and repealing Directive 90/220/EEC of the Council(2), as amended by Regulation (EC)
No …/2002 [on genetically modified food and feed],
requires Member States to take measures to ensure traceability
and labelling of authorised genetically modified organisms
(GMOs) at all stages of their placing on the market. |
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Directive 2001/18/EC of the European
Parliament and the Council of 12 March 2001 on the deliberate
release into the environment of genetically modified organisms
and repealing Directive 90/220/EEC of the Council(3), as amended by Regulation (EC)
No …/2002 [on genetically modified food and feed],
requires Member States to take measures to ensure traceability
and labelling of authorised genetically modified organisms
(GMOs) at all stages of their placing on the
market. |
Justification
(Concerns the Greek translation).
Amendment 2
Recital 2a (new)
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2a. Account
must be taken of the precautionary principle in implementing
this Regulation. In exceptional cases, where there is a risk
to health or the environment, but where scientific data is as
yet uncertain, the precautionary principle may be used to
decide which risk control measures or other steps will be
taken to ensure the high level of health protection that the
Community desires. |
Justification
Both the Commission's communication 2000/001 of 2
February 2000 concerning the precautionary principle and Regulation
2002/178 laying down the general principles and requirements of food
law (Article 6, paragraph 3, Article 7, recitals 20 and 21) stress
this new aspect of European food policy. The precautionary principle
is also expressly enshrined in Directive 2001/0018/EC (Articles 1
and 4, Annex II). The precautionary principle should therefore also
be enshrined in this proposal for a regulation.
Amendment 3
Recital 3
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(3) Traceability
requirements for GMOs should facilitate both the
withdrawal of products where unforeseen adverse effects to
human health, animal health or the environment are
established, and the targeting of monitoring to examine
potential effects on, in particular, the environment. |
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(3) Traceability
requirements for GMOs should facilitate the withdrawal of
products where unforeseen adverse effects to human health,
animal health or the environment are established, or
their temporary withdrawal or other restriction where there
are reasonable grounds to suspect such effects and time is
needed for further investigation, and the targeting of
monitoring to examine potential effects on, in particular, the
environment and human health and measures to ensure the
viability of conventional and organic farming and their
sustainable co-existence with genetically modified
crops. |
Justification
On the basis of the precautionary principle,
adverse effects should not need to be "established" before a product
is withdrawn. Clearly, however, any product withdrawn on the basis
of suspected adverse effects may be reintroduced if and when its
safety is established.The proposed traceability scheme should also
facilitate measures to prevent the uncontrolled spread of GMOs. In
fact, the consumers' and operators' freedom of choice requires
measures which ensure that animals, plants, micro-organisms as well
as food and feed products which have not been genetically modified
continue to be available. Consequently, Action 17 of the
Commission's Communication on 'Life sciences and biotechnology – A
Strategy for Europe' COM(2002) 27 calls for "measures to ensure the
viability of conventional and organic farming and their sustainable
co-existence with genetically modified crops".
Amendment 4
Recital 4
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(4) Traceability
requirements for food and feed produced from GMOs should be
established to facilitate accurate labelling of such products,
in accordance with the requirements of Regulation (EC) No
.../2002 [on genetically modified food and feed], so as to
enable operators and consumers to exercise their freedom of
choice in an effective manner as well as control and
verification of labelling claims. Requirements for food and
feed produced from GMOs should be similar in order to avoid
discontinuity of information in cases of change in end
use. |
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(4) Traceability
requirements for food and feed produced from GMOs and
for animal products derived from animals fed with genetically
modified feed should be established to facilitate
accurate labelling of such products, in accordance with the
requirements of Regulation (EC) No .../2002 [on genetically
modified food and feed], so as to enable operators and
consumers to exercise their freedom of choice in an effective
manner as well as control and verification of labelling
claims. Requirements for food and feed produced from GMOs
should be similar in order to avoid discontinuity of
information in cases of change in end
use. |
Justification
The current practise of many operators clearly
indicates that consumers and operators wish to know whether animal
products offered for human consumption stem from animals fed on
GMOs. The regulation should therefore enable operators and consumers
to exercise their freedom of choice also with regard to such
products.
Amendment 5
Recital 9
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(9) Certain traces of GMOs
in products may be adventitious or technically unavoidable.
Such presence of GMOs should therefore not trigger
labelling and traceability requirements. |
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(9) Certain traces of
authorised GMOs or of materials produced from
GMOs in products may be adventitious or technically
unavoidable. To cover cases of adventitious or
technically unavoidable traces of authorised GMO material, or
of material produced from GMOs a threshold shall be set below
which such products do not have to be
labelled.
These threshold values shall also be
revised and adjusted in line with the results of scientific,
socio-economic, health and environmental analyses of the
effects of GMOs in the short, medium and long
term. |
Justification
The adventitious or technically unavoidable
presence of traces must only be authorised in the case of authorised
GMOs. Dispensation from the labelling and traceability requirement
can only be permitted in the case of authorised GMOs and below a
threshold laid down by Regulation (EC) …/…/2002 [on genetically
modified foodstuffs and animal feed]. Live GMOs as or in products
should be labelled irrespective of whether their presence is
adventitious or technically unavoidable.
Amendment 6
Article 1
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This Regulation provides a framework for the
traceability of genetically modified organisms (GMOs), and
food and feed produced from GMOs, with the objective of
facilitating accurate labelling, environmental
monitoring and withdrawals of products. |
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This Regulation provides a framework for the
traceability of genetically modified organisms (GMOs), and
food and feed produced from GMOs, with the objective of,
in accordance with the precautionary
principle. |
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- protecting
human and animal health, |
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- protecting
the environment and
ecosystems, |
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- ensuring
the smooth operation of the internal market and monitoring
such products by means of tracing and labelling. Whilst
seeking to ensure the smooth operation of the internal market,
it recognises the priority which must be accorded to human
health and the environment, and to the right of the consumer
to be given the information necessary to make a free and
independent choice. |
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- give
consumers the right of free and independent choice
and, |
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- allowing
effective measures to prevent the undeliberate presence of
GMOs or products thereof in other food or
feed. |
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In the event that those products prove
harmful or hazardous, to enable them to be withdrawn
immediately, rapidly and
totally. |
Justification
It is imperative that the objectives of the
proposal are set out precisely and in detail to ensure fully that we
have in place:
- implementable rules which are not
susceptible to deception and fraud,
- rules which promote consumer
protection without causing consumers confusion and doubt,
- rules which allow fair competition
to develop on the market,
- rules which are the same and have
the same requirements both for producers within the EU and those
outside the EU.
Finally, the objectives of this proposal, together
with the previous legal provisions on GMOs, should promote the
protection of human health and the environment and lay the
foundations for ongoing monitoring and registering of the GMOs and
their products circulating on the market.
The call for effective measures to prevent the
uncontrolled spread of GMOs reflects amendment 12 of the Environment
Committee's Recommendation for Second Reading on the Council common
position for adopting Directive 2001/18/EC on the deliberate release
of GMOs (A5-0083/2000). Moreover, action 17 of
the Commission's Communication on 'Life sciences and biotechnology –
A Strategy for Europe' COM(2002) 27 calls for "measures to ensure
the viability of conventional and organic farming and their
sustainable co-existence with genetically modified crops". Without
such measures consumers and operators will sooner or later loose
their freedom to choose products which do not contain genetically
modified material.
It is important to make it clear that human health and
the environment must always take priority over the internal market
or any other commercial consideration.
Amendment 7
Article 2 (1) (c) (a) (new)
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c
a) animals fed at some stage on
products labelled in accordance with Regulation (EC) No
----/---- on genetically modified food and feed, provided the
animals are destined for the placing on the market for human
consumption or for the production of food
products; |
Justification
In order to ensure the traceability of animal
products derived from animals fed with GM feed the animals
themselves have to be traceable, too.
Amendment 8
Article 2 (1) (c) (b) (new)
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c
b) food products derived from
animals fed with products labelled in accordance with
Regulation (EC) No ----/---- on genetically modified food and
feed. |
Justification
The current practise of many operators clearly
shows that consumers wish to know whether animal products offered
for human consumption stem from animals fed on genetically modified
feed. The regulation should therefore enable operators and consumers
to exercise their freedom of choice also with regard to such
products.
Amendment 9
Article 3(1)
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(1) 'genetically modified
organism' means genetically modified
organism as defined in Article 2(2) of
Directive 2001/18/EC; |
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(1) 'genetically modified
organism' (GMO) means genetically modified
organism as defined in Article 2(2) of Directive
2001/18/EC, with the exception of organisms yielded by
the techniques of genetic modification listed in Annex 1B of
Directive 2001/18; |
Justification
For greater legal clarity, the definition of GMO
must be identical and contain the same specifications as Directive
2001/18/EC on the deliberate release into the environment of
genetically modified organisms (see the exceptions set out in Annex
1B.
Amendment 10
Article 3, paragraph (5)
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(5) 'operator’ means a
person who places a product on the market
and also a person who receives a product
that has been placed on the market in the
Community, at any stage of the
production and distribution chain, but
does not include the ultimate
consumer; |
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(5) 'operator’ means a
person who places a product on the market and also a person
who receives a product that has been placed on the market in
the Community, either from a Member State of the EU or
from a third country, at any stage of the production
and distribution chain, but does not include the ultimate
consumer; |
Justification
In order to be effective, the rules on traceability
and labelling must be applicable both to products produced within
the Community and to those imported from third
countries.
Amendment 11
Article 3 (6)
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(6) food' means food as
defined in [Article 2 of the Proposal for a Regulation
of the European Parliament and of the Council laying down the
general principles and requirements of food law, establishing
the European Food Authority, and laying down procedures in
matters of food]; |
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(6) 'food' means food as
defined in Article 2 of Regulation (EC) No
178/2002; |
Justification
Technical adaptation.
Amendment 12
Article 3, paragraph 13
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(13) ‘placing on the market’
means making available to third parties, whether in return for
payment or free of charge; |
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(13) ‘placing on the market’
means making available to third parties, whether in return for
payment or free of charge; |
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Making available genetically modified
micro-organisms for activities regulated under Council
Directive 98/91/EEC amending Directive 20/219/EEC of 23 April
1990 on the contained use of genetically modified
micro-organisms including culture
collections. |
Justification
It is expedient to use the definition set out in
Directive 2001/18.
Amendment 13
Article 3 (15)
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(15) 'pre-packaged' means
any single item for sale to the ultimate user,
consisting of a product and the packaging into which it was
put before being offered for sale, whether such packaging
encloses the product completely or only partially, but in such
a way that the contents cannot be altered without opening or
changing the packaging. |
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(15) 'pre-packaged' means
any single item for sale, consisting of a product and the
packaging into which it was put before being offered for sale,
whether such packaging encloses the product completely or only
partially, but in such a way that the contents cannot be
altered without opening or changing the
packaging. |
Justification
The Commission's proposal means that pre-packaged
products must be labelled. The amendment means that labelling would
apply to all stages of production, which obviously increases safety
if a GMO product is to be withdrawn from the market.
Amendment 14
Article 4 (1)
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1. When placing pre-packaged
products consisting of, or containing GMOs on the market,
operators shall ensure that the words ‘This product contains
genetically modified organisms’ appear on the label. |
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1. When placing pre-packaged
products consisting of, or containing GMOs on the market,
operators shall ensure that the words ‘This product contains
genetically modified organisms’ or 'This product
contains genetically modified (or GM) ... (name of crop or
GMO)' appear on the label |
Justification
Operators should be allowed to use the abbreviation
"GMO" or to provide more specific information if they so
wish.
Amendment 15
Article 4 (2) (b)
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(b) the relevant
unique code(s) assigned to those GMOs in accordance
with Article 8. |
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(b) the unique code(s)
assigned to those GMOs in accordance with Article
8. |
Justification
The Commission's proposal to exempt mixtures of
live GMOs from the information requirements referred to in point b
could undermine the whole traceability scheme. Operators could
escape the stricter information requirements referred to in point b
by simply mixing their GMOs with other types of GMOs. Moreover, when
it comes to the withdrawal of products, it is crucial that only
those products which actually contain the GMO concerned may be
withdrawn instead of all products which "may contain" the
GMO.
Amendment 16
Article 4(2), last paragraph
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However, the information referred to in
point (b) may be replaced by a declaration by the operator
that the product shall only be used as food or feed, or for
processing, together with the unique codes for the GMOs that
the product may contain. |
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Deleted |
Justification
To ensure transparency.
Amendment 17
Article 4 (4)
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4. Without prejudice to
Article 6, operators shall have in place systems and
procedures to allow the identification, for a period of
five years from each transaction, of the person
from whom and to whom the products referred to in paragraph 2
have been made available. |
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4. Without prejudice to
Article 6, operators shall have in place systems and
procedures to allow the identification, for a period of
ten years from each transaction, of the person
from whom and to whom the products referred to in paragraph 2
have been made available. |
Justification
Health or other problems may take time to become
evident. In the light of recent experience, ten years is the
absolute minimum period necessary for the maintenance of
records.
Amendment 18
Article 5, paragraph 1
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When placing products produced
from GMOs on the market, operators shall ensure
that the following information is transmitted to operators
receiving the product: |
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When placing on the market
products obtained or derived from GMOs in
which the presence of DNA or protein resulting from the
genetic modification may be detected, operators shall
ensure that the following information is transmitted to
operators receiving the product: |
Justification
At present, methods of analysis do not always
detect traces of genetic modification in products obtained from
GMOs, for which reason applying traceability and labelling rules in
all cases would result in countless cases of fraud and would fail to
achieve the ultimate objective, which is to provide consumers with
information so that they are able to choose freely. The draftsman
considers that consumers would not be better informed than they are
at present. Furthermore, since such products are identical to
conventional ones, there would be no point in differentiating
between the two types of product in the regulation to which this
opinion relates.
Amendment 19
Article 5(1)(b)
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(b) an indication of each of
the feed materials or additives which is produced from
GMOs; |
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(b) an indication of each of
the feed materials or additives which is produced from GMOs
or food produced from animals which have, at any time,
been fed or are being fed with
GMOs; |
Justification
Obviously, the provisions should cover food
produced from animals fed with GMOs.
Amendment 20
Article 5 (1)(a) (new)
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1(a. When placing pre-packaged products
produced from GMOs on the market operators shall ensure that
the information referred to in paragraph 1 is transmitted to
operators receiving the product and, in addition, that either
the words "This product is produced from GMOs" or the words
"This products contains .[ingredient produced from GMOs"
appear on a label and in connection with the display and the
advertising of the product. |
Justification
Like pre-packaged food and feed products containing
or consisting of GMOs, pre-packaged products 'produced from' GMOs
should be labelled.
Amendment 21
Article 5(1 a) new
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1(a) With reference to the GMO from
which the product is made, transmission of information in
accordance with the first sentence shall include the relevant
unique code assigned to the GMO in question in accordance with
Article 8. |
Justification
In the case of foodstuffs made from GMOs Article 5
requires that the food ingredients, additives and flavourings made
from GMOs should be named. The same applies to animal feed.
Transmission and registration of the unique code assigned to every
authorised GMO is not provided for here. Registration, transmission
and storage of the GMO code should, however, also be guaranteed in
the case of foodstuffs and feed produced from GMOs.
Amendment 22
Article 5 (2)
|
2. Without prejudice to
Article 6, operators shall have in place systems and
procedures to allow the identification, for a period of
five years from each transaction, as to the
person from whom and to whom the products referred to in
paragraph 1 have been made available. |
|
2. Without prejudice to
Article 6, operators shall have in place systems and
procedures to allow the identification, for a period of
ten years from each transaction, as to the
person from whom and to whom the products referred to in
paragraph 1 have been made
available. |
Justification
Consumers may not object to the use of genetically
modified organisms in the production of foods solely out of fears
for their personal health or that of their families. There are a
wide range of reasons why they may not wish to purchase products in
the processing of which GMOs have been used. These include
religious, ethical and environmental reasons: followers of certain
religions may object to any use of pig products, strict vegetarians
to any use of animal products, and so on. For some, therefore, the
actual presence or otherwise of GMOs in the final product is not the
issue. As it is in all of our interests to respect the diversity and
multicultural nature of our European societies, it is imperative
that all of these consumers should have the right to make an
informed choice on the basis of their beliefs. Health or other
problems may take time to become evident. In the light of recent
experience, ten years is the absolute minimum period necessary for
the maintenance of records.
Amendment 23
Article 5(a) (new)
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Traceability of animals and animal
products |
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(1) When
placing animals on the market which are destined for human
consumption or for the production of food products and have
been fed at some stage on feed containing, consisting of or
produced from genetically modified organisms, operators shall
ensure that the operators receiving the animals are informed
that the animals have been fed on these
products. |
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(2) When
placing food products on the market which have been derived
from animals referred to in paragraph 1, operators shall
ensure that operators receiving such animal products are
informed that the animals from which the products have been
derived, have been fed with products containing, consisting of
or produced from genetically modified
organisms. |
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(3) When
placing pre-packaged products, as referred to in paragraph 2,
on the market, operators shall ensure , that either the words
"This product is derived from an animal fed with GM feed" or
the words "This products contains ....[ingredient] derived
from an animal fed with GM feed " appear on a label, in
connection with the display and the advertising of the
product. |
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(4)
Without prejudice to Article 6, operators shall have in place
systems and procedures to allow the identification, for a
period of ten years from each transaction, as to the person
from whom and to whom the products referred to in paragraphs 1
and 2 have been made
available. |
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(5) Paragraphs
1 - 3 are without prejudice to other specific requirements in
Community legislation. |
Justification
The proposed new article extends the traceability
scheme as to cover products derived from animals which have been fed
with GM feed. For this purpose animals which have been fed with GM
feed have to be traceable, too. The traceability regime for animal
products can only take into account those feeding materials which
have to be labelled. The (consumer) labelling of feed (and food) is
addressed by the Commission's proposal for a regulation on
genetically modified food and feed. Paragraphs 4 and 5 equal Art. 4
(3) - (5) and Art. 5 (2) and (3).
Amendment 24
Article 6(1)
|
(1) In cases where Community
legislation provides for specific identification systems, such
as lot or batch numbering for pre-packaged products, operators
shall not be obliged to retain the information
specified in Articles 4(2), 4(3) and 5(1), provided that this
information and the lot or batch number is clearly marked on
the package and that information about batch or lot numbers is
retained for the period of time referred to in Articles 4(4)
and 5(2). |
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(1) In cases where Community
legislation provides for specific identification systems, such
as lot or batch numbering for pre-packaged products, operators
who receive the pre-packaged product shall be
obliged to retain the information specified in Articles 4(2),
4(3) and 5(1), provided that this information and the lot or
batch number is clearly marked on the package and that
information about batch or lot numbers is retained for the
period of time referred to in Articles 4(4) and
5(2). |
Justification
The amendment is designed to improve
traceability.
Amendment 25
Article 6 (3)
|
3. Products intended for
direct use as food, feed or processing which consist of
or contain GMOs in respect of which the
conditions set out in Article 12a of Directive 2001/18/EC* are
met shall be exempt from the requirements of Article
4. |
|
3. Products intended for
direct use as food, feed or processing, which contain
traces of materials produced from GMOs shall be
exempt from the requirements of Article 4, provided the
materials produced from GMOs have been authorised in
accordance with Regulation (EC) No ----/---- on genetically
modified food and feed and the proportion is no higher than
established in accordance with that
Regulation. |
Justification
The Commission proposes to legalise the presence of
unauthorised GMOs in food and feed products (see Art. 42 of
Commission proposal COM(2001) 425). By reference to this provision,
the Commission proposes to exclude such unauthorised GMOs also from
the traceability scheme. Both suggestions might not increase
consumer confidence, to say the least; nor are they necessary, as
the example of the United States of America shows.
The threshold applicable under the conditions set
out in the Regulation on genetically modified food and feed should
also apply to GM food and feed falling under this
Regulation..
Amendment 26
Article 6 (4)
|
4 Food
and feed produced from GMOs in respect of which the conditions
set out in Articles 5 and 18 of Regulation (EC) No …/2002 [on
genetically modified food and feed] are met shall be exempt
from the requirements of Article 5. |
|
Deleted |
Justification
This paragraph would exclude from the traceability
scheme the presence of food and feed produced from
unauthorised GMOs. It should be noted that even
in the United States, unauthorised GMOs and GM derivatives must not
be present in any food, feed or seed.
Amendment 27
Article 6 a (new)
| |
|
Guide to good segregation practice for
foodstuffs and food ingredients
The Member States shall encourage and
contribute to drawing up guides to good segregation practice,
which businesses in the food industry shall apply in order to
avoid the risks of adventitious or technically unavoidable
contamination of foodstuffs with genetically modified
material. |
Justification
With the aim of guaranteeing the continued supply
of non-GM foodstuffs and thus safeguarding consumers’ freedom of
choice, many operators in the food industry have already set up
effective traceability and segregation systems aimed at preventing
the risk of accidental contamination by GMOs. Guides to good
segregation practice based on risk analysis throughout the food
chain, from seed merchant to distributor, have been drawn up and put
in place by trade associations. Along the lines of the good hygiene
practice guides developed in the context of the 1993 food hygiene
directives, guides to good practice aimed at operators who wish to
remain below the accidental GMO contamination threshold must be
encouraged.
Amendment 28
Article 7
|
Article 4(6) of Directive 2001/18/EC is
deleted |
|
Deleted |
Justification
Directive 2001/18/EC requires traceability of GMOs
regardless of the purpose for which they shall be used. The proposed
regulation only covers GMOs and their food and feed derivatives. The
deletion of Art. 4 (6) of Directive 2001/18/EC would therefore
abolish the obligation to trace GMO derivatives destined for
purposes other than human or animal consumption.
Amendment 29
Article 9(1)
|
(1) Member States shall
ensure that inspections and other control measures, as
appropriate, are carried out to ensure compliance with this
Regulation. |
|
(1) Member States shall
ensure that inspections and risk assessment on the basis
of sample checks and testing (quantitative and
qualitative) and other control measures, as
appropriate, are carried out to ensure compliance with this
Regulation. |
Justification
Strengthening controls ensures product
purity.
Amendment 30
Article 9(2)
|
2. Prior to the application
of Articles 1 to 7, the Commission shall develop technical
guidance on sampling and testing to
facilitate a coordinated approach for the
implementation of paragraph 1. |
|
2. Prior to the application
of Articles 1 to 7, the Commission shall, in accordance
with the procedure laid down in Article 10, develop
and publish technical guidance on sampling,
testing and methods to ensure a
coordinated approach for the implementation of paragraph
1. |
Justification
The technical guidance on sampling, testing and
methods must be published. Furthermore, adoption of the guidance
must not merely aim to achieve a coordinated approach but to ensure
its effective application.
Amendment 31
Article 9(2)(a)(new)
| |
|
In order to support the Member States
in meeting the requirements set out in paragraphs 1 and 2, the
Commission shall ensure that a central register is put in
place at Community level, which shall contain all available
sequencing information and reference material for GMOs
authorised to be put into circulation in the Community. The
competent authorities in the Member States shall have access
to the register. The register shall also contain, where
available, relevant information concerning GMOs not authorised
in the European Union. |
Justification
The intended rules will only be analytically
checkable if transformation-event-specific sequencing information
and reference material is accessible, even for GMOs not authorised
in the EU.
Amendment 32
Article 12 (2)
|
2. Articles 1 to 7 and
Article 9(1) shall apply with effect from the ninetieth day
following the date of publication in the Official Journal of
the European Communities of the measure referred to in Article
8(a).This Regulation shall be binding in its entirety and
directly applicable in all Member States |
|
2. Articles 1 to 7 and
Article 9(1) shall apply with effect from the ninetieth day
following the date of publication in the Official Journal of
the European Communities of the measure referred to in Article
8(a). Before the date of application of the measure
referred to in Article 8(a), no genetically modified
organisms, food or feed products consisting of, containing or
produced from genetically modified organisms and no products
derived from animals fed on any of these products shall be
approved. This Regulation shall be binding in its
entirety and directly applicable in all Member
States. |
Justification
It is for obvious reasons pivotal to have an
effective traceability scheme in place before new products are
approved for the placing on the market.
Amendment 33
Article 12(2)
|
2. Articles 1 to
7 and Article 9(1) shall apply with effect from
the ninetieth day following the date of publication in the
Official Journal of the European Communities of the
measure referred to in Article 8(a). |
|
2. Articles 1 to
6 and Article 9(1) shall apply with effect from
the ninetieth day following the date of publication in the
Official Journal of the European Communities of the
measure referred to in Article 8(a) and must be
consistent with Directive
2001/18. |
Justification
Self-explanatory. |
|
EXPLANATORY STATEMENT
Introduction
The legislative proposal concerns (a) traceability and
labelling of genetically modified organisms (GMOs), (b) traceability
of food and feed products produced from genetically modified
organisms, and (c) amendment of Directive 2001/18/EC.
Community legislation on GMOs is totally fragmented
(see annex), making it difficult to adopt cohesive provisions and
apply unequivocal Community rules. Moreover, there are already a
number of Community regulations and provisions governing the placing
on the market, circulation, labelling, presentation and advertising
of food and its ingredients. This problem, in conjunction with the
inability to monitor the rapid developments in biotechnology and the
production of GMOs and their products, led to reservations and a
moratorium over the last three years on the marketing authorisation
procedures at EU level, pending the adoption of an integrated
traceability and labelling system.
Directive 2001/18/EC on the deliberate release of GMOs
into the environment does not in fact extend labelling to operators
placing GMOs on the market, while the traceability and labelling of
products produced from GMOs also remain outside its scope.
The need for a cohesive and integrated system of
labelling and tracing
In the past, the European Parliament has criticised
the Commission's piecemeal and inconsistent approach to GMOs(4) and called on the Commission to submit
proposals, including proposals on animal feed labelling in a way
which is more coherent and provides consumers with certainty of
choice, on the one hand, and gives industry a solid legal framework
to work with, on the other hand.
The objective of the current proposal is to make it
possible to register and monitor the placing on the market of GMOs,
and food and feed produced from them, and so facilitate consumer
choice whilst at the same time facilitating the process of
withdrawing a product should it be deemed necessary. It does not,
however, fulfil the desired objective of a more consistent approach
and coherent regulation of GMOs, as it results in further
fragmentation of Community legislation. Ignoring in practice the
need to simplify and improve the regulatory framework, the
Commission has submitted two proposals for regulations, the one
under review and another, separate proposal on genetically modified
food and feed (COM (2001) 425). This fact demonstrates an inherent
inability to adopt a coherent legal framework for GMOs at EU level
and undermines any attempt at codifying and reformulating Community
legislation on GMOs.
International aspects of GMOs
The need for legal certainty within the Community also
arises when obligations under multilateral trade arrangements and
international agreements on GMOs must be transposed into Community
law. The proposal under review is directly related to the Cartagena
Protocol on Biosafety adopted at the Conference on the Convention on
Biodiversity held in Montreal on 29 January 2000, which concern
transboundary movements of GMOs, and with the OECD’s provisions
concerning a unique code for GM (transgenic) plants.
The objective of the Protocol is to contribute to
ensuring an adequate level of protection and safety during the
transfer, handling and use of GMOs; it lays down the procedures for
granting authorisation, following notification, for living modified
organisms (LMOs) as well as a system of notification for LMOs
intended for direct use as foods or feed, or for further processing.
However, it does not contain any provision or specific reference to
the traceability of GMOs and their products. This fact does not
ensure legal certainty and is a shortcoming, possibly even an
obstacle to adopting rules within the Community, not only for
domestic Community products, but, principally, for imported
products.
Furthermore, it cannot be predicted to what extent the
uniform rules on monitoring, traceability and labelling of GMOs and
their products will apply at international level. Moreover, the
entry into force of the Protocol is dependent on the will of the
parties concerned (of the 107 states which have signed it to date -
which include the European Community and its Member States - only 12
states have completed the ratification procedures). However, the
Commission recently submitted a regulation on the transboundary
movement of genetically modified organisms(5), aimed at transposing the Protocol into
Community law.
Effective implementation of the provisions of the
regulation – shortcomings of the proposal
If the provisions of the regulation on traceability
and labelling are to be effectively implemented in the EU, the rules
must be equally applicable to products produced within the Community
and to those imported from third countries. At the present time, the
agro-food sector is developing at a pace and the area under
cultivation with GMOs worldwide is expanding rapidly, totalling 50
million hectares, whereas in Europe the figure is no more than 12
000 hectares(6). Given, however, that there are no
uniform international rules or a single framework for regulating
traceability and labelling, there are risks involved in venturing to
adopt traceability and labelling rules for GMO products which cannot
be applied to monitor products from third countries.
In the event that the EU unilaterally applies
traceability and labelling requirements to imported products and
carries out checks without an adequate scientific basis, it may
create a trade dispute with third countries which results in the
matter being referred to the WTO. It is indicative that during
negotiations at the fourth WTO Ministerial Conference held in Doha
in Qatar in November 2001, the USA (a country with 30.3 million
hectares of GMOs under cultivation) refused to entertain any
discussion of labelling GMOs.
Traceability and labelling should also apply to GMOs
and products containing traces of genetically modified DNA (GM-DNA)
or genetically modified protein (GM protein), otherwise it would be
increasingly misleading to consumers to label products produced from
GMOs in which there is no trace of GM-DNA or GM protein.
Furthermore, such a provision would be contrary to the objectives of
the regulation and financially onerous for companies and consumers
alike.
Another issue which must be given serious
consideration is that although current techniques, such as the
polymerase chain reaction (PCR), enable even traces of GM-DNA to be
traced, there are products – for example citric acid, vitamin C or
highly refined maize oil produced from GM maize – which nevertheless
test negative, i.e. they show no difference from the corresponding
conventional products. A regulation which aims to trace and label
those substances, as the present proposal does, therefore represents
a serious risk because their producers or importers could claim
that they are produced from natural products or that they are free
of GMO materials. These products would therefore clearly be in a
more advantageous position than the corresponding products produced
within the EU, while consumers could be misled.
A similar problem arises with products which are
absolutely identical to the conventional products, such as sugar
from GM beet and sugar from non-GM beet. In this case, traceability
and labelling do not help consumers at all because, despite their
similarity to the conventional products, it is possible that they
may be priced differently since, owing to the poor information and
doubt that surrounds GMO food, consumers are prepared to pay more
for the ‘natural’ product. It is therefore obvious that the
provisions of this EU regulation, in the case of products which do
not contain GM-DNA or GM protein, will lead to:
| ● |
fraud and deception |
| ● |
misleading of consumers |
| ● |
distortion of prices and competition |
| ● |
less favourable treatment of EU producers and
companies. |
The rapporteur’s proposal
Clearly, both traceability and the ensuing labelling
of products should fulfil certain conditions in regard to
implementation. There is no doubt that we should seek to set up a
regulatory system by taking appropriate administrative, legislative
and regulatory measures in respect of GMOs so that we are able to
facilitate their registration and movement in a way which safeguards
human health and protects the environment and, above all, builds
consumer confidence. In order to command respect, however, the rules
of this system must be simple, clear, ensure transparent monitoring
of their application, and not allow fraud, deception or distortion
of competition, particularly between domestic and imported products.
Moreover, the system should provide for the possibility of
unilateral implementation of the rules by the EU, so that their
effectiveness is not undermined by imports from third countries.
An unequivocal rule which sets a sound framework is
one which ensures that every product which tests positive for GMOs
or GMO material product is subject to mandatory traceability and
labelling. Furthermore, the GMO concerned must have been granted
authorisation pursuant to current EU rules (Directive 2001/18/EC)
and therefore the original authorisation procedure should have
safeguarded human health, ensured protection of the environment and
eco-systems and the smooth operation of the market with regard to
the GMO and its products.
Your rapporteur differentiates between the following
three categories of products in the amendments to the
regulation:
First category: GMOs and GMO products which are
checked using analytical methods. This category includes products
such as maize, soya, maize meal, soya meal and primary products in
general in which GMO material is easily traced.
Second category: this category includes the
conventional products corresponding to the first category which have
been contaminated adventitiously or unavoidably through mixing with
genetically modified material. In this case, in order to exempt them
from the traceability and labelling requirements, certain conditions
should apply together with a maximum level of GMO material. The
following three conditions are proposed:
(a) The presence of GMO materials
from one or more GMOs does not exceed 1% or the maximum permissible
levels established in accordance with the procedures laid down in
Directive 2001/18/EC. Your rapporteur has no problem with low levels
but if we are to be rational and prudent, we must consider in detail
what, in maximum terms, an adventitious or unavoidable admixture
might amount to.
(b) The presence of these GMO
materials is adventitious and technically unavoidable. Companies
should be able to prove to the authorities that they have taken the
necessary measures to avoid the presence of GMOs or GMO
material.
(c) The specific GMO or, in the case
of more than one GMO, the specific types, must have been subject to
a risk assessment by the relevant scientific authority (authorities)
or by the European Food Safety Authority as a basis for
authorisation and must not pose a risk to human health or the
environment.
Third category: products produced from GMOs but
not containing GMO material such as vitamin C, citric acid, maize
oil etc. For this category there should be no traceability and
labelling requirement.
Your rapporteur’s proposals are based on the above
logical considerations. They also allow the EU to implement them
unilaterally without creating barriers to trade and distortion of
competition, and at the same time provide consumers with reliable
information. In this respect, I would draw attention to the fact
that the screening techniques are now so sensitive and reliable that
in the event that a product does not test positive for GMO material,
we can be fully confident in the results and not subject that
product to the labelling requirement. That would be inconsistent
when present legislation (see Regulation 49/2000/EC which exempts
from labelling products produced from GM soya beans and GM maize)
and the proposed regulation exempt from the traceability and
labelling requirements products which have been contaminated
adventitiously or unavoidably through mixing with genetically
modified material, while the regulation imposes the traceability and
labelling requirements on products which do not contain genetically
modified material. |
|
ANNEX
- Directive 98/81/EC amending
Directive 90/219/EEC on the contained use of genetically modified
micro-organisms(7),
- Directive 2001/18/EC on the
deliberate release into the environment of genetically modified
organisms and repealing Council Directive 90/220/EC(8).
| ∙ |
Vertical/sectoral
provisions |
- Regulation 97/258/EC concerning
novel foods and novel food ingredients(9)
- Regulation 1139/98/EC concerning
the compulsory indication of the labelling of certain foodstuffs
produced from genetically modified organisms of particulars other
than those provided for in Directive 79/112/EEC(10) (concerning only GM soya beans and GM
maize),
- Regulation 49/2000/EC amending
Regulation 1139/98/EC concerning the compulsory indication of the
labelling of certain foodstuffs produced from genetically modified
organisms of particulars other than those provided for in Directive
79/112/EEC(11). This regulation exempts from
labelling products produced from GM soya beans and GM maize and lays
down a ceiling of 1% for adventitious contamination of foodstuffs
with DNA or protein resulting from genetic modification,
- Regulation 50/2000/EC on the
labelling of foodstuffs and food ingredients containing additives
and flavourings that have been genetically modified or have been
produced from genetically modified organisms(12),
- Commission Recommendation
2002/66/EC concerning a coordinated programme for the official
control of foodstuffs for 2002(13) concerning compliance with GMO
labelling. |
|
|
24 January 2002
OPINION OF THE COMMITTEE ON INDUSTRY, EXTERNAL
TRADE, RESEARCH AND ENERGY
for the Committee on the Environment, Public Health
and Consumer Policy
on the proposal for a Council regulation concerning
traceability and labelling of genetically modified organisms and
traceability of food and feed products produced from genetically
modified organisms and amending Directive 2001/18/EC
(COM(2001) 182 – C5‑0380/01 – 2001/0180(COD))
Draftsman: Esko Olavi Seppänen
PROCEDURE
The Committee on Industry, External Trade, Research
and Energy appointed Esko Olavi Seppänen draftsman at its meeting of
3 September 2001.
It considered the draft opinion at its meetings of 18
December 2001 and 24 January 2002.
At the latter meeting it adopted the following
amendments by 43 votes to 4, with 1 abstention.
The following were present for the vote: Carlos
Westendorp y Cabeza, chairman; Peter Michael Mombaur, vice-chairman;
Yves Piétrasanta, vice-chairman; Jaime Valdivielso de Cué,
vice-chairman; Esko Olavi Seppänen, draftsman; Konstantinos
Alyssandrakis, Sir Robert Atkins, Freddy Blak (for Fausto
Bertinotti), David Robert Bowe (for Massimo Carraro), Gérard
Caudron, Giles Bryan Chichester, Nicholas Clegg, Marianne Eriksson,
Concepció Ferrer, Colette Flesch, Christos Folias (for Guido
Bodrato), Jacqueline Foster (for Marjo Matikainen-Kallström), Monica
Frassoni (for Nuala Ahern pursuant to Rule 153(2)), Norbert Glante,
Michel Hansenne, Roger Helmer (for W.G. van Velzen), Hans Karlsson,
Bashir Khanbhai, Werner Langen, Rolf Linkohr, Caroline Lucas, Eryl
Margaret McNally, Minerva Melpomeni Malliori (for Harlem Désir),
Erika Mann, Angelika Niebler, Giuseppe Nisticò (for Umberto
Scapagnini), Reino Paasilinna, Elly Plooij-van Gorsel, Samuli
Pohjamo (for Willy C.E.H. De Clercq), John Purvis, Godelieve
Quisthoudt-Rowohl, Bernhard Rapkay (for Elena Valenciano
Martínez-Orozco), Mechtild Rothe, Christian Foldberg Rovsing, Paul
Rübig, Jacques Santer (for Paolo Pastorelli), Konrad K. Schwaiger,
Gary Titley, Claude Turmes, Alejo Vidal-Quadras Roca, Dominique
Vlasto, Myrsini Zorba, and Olga Zrihen Zaari.
SHORT
JUSTIFICATION
When DNA sequences taken from other species are
transferred to natural organisms (‘old species’), new organisms
emerge which have not undergone by natural selection and which have
not developed a balance with other species in their habitat. For
this reason there is every need to exercise caution, even excessive
caution, regarding the modification of genes and the approval of the
use of GMOs.
The aim of the Commission proposal for a regulation is
to ensure the traceability and labelling of GMOs and to extend
traceability, with the appropriate labelling, to the whole
production, processing and distribution chain to cover foodstuffs
and animal feeds produced from GMOs or containing GMOs. The EU, in
which the marketing of GMOs is subject to licensing, is becoming a
pioneer in the labelling and traceability of GMOs to enable
consumers to make a choice.
Directive 2001/18/EC lays down provisions governing
the deliberate release of GMOs into the environment. During the
conciliation process between the European Parliament and the
Council, no compromise could be found on the traceability of GMOs.
In July 2001, the Commission published this proposal. It foresees
that the Commission establishes a system for development and
assignment of so-called unique codes to GMOs. The code is a simple
numeric or alphanumeric code to identify a GMO which provides means
to retrieve specific information about that GMO.
The Cartagena Protocol on Biosafety requires the
identity of GMOs to be specified. The industrialised countries have
been negotiating in the OECD on unique codes. To minimise the
commercial effects the Commission is called upon to work towards the
compatibility of systems.
Under the proposal for a regulation: 1. Operators
shall have in place systems and procedures to identify to whom and
from whom products are made available; 2. Operators shall transmit
specified information concerning the identity of a product in terms
of the individual GMOs it contains or whether it is produced from
GMOs; and 3. Operators shall retain specified information for a
period of five years and make it available to competent authorities
on demand.
The traceability throughout the EU of food and animal
feed has not hitherto concerned the traceability of GMOs. Now it is
proposed that the provisions should be extended to cover not only
GMOs but also products produced from GMOs. These include products
derived from GMOs which do not contain and are not composed of GMOs.
These products, which do not contain any viable GMOs, are covered by
special traceability and labelling requirements.
It must be possible to establish the unique identity
of GMOs at the initial stage of the production and distribution
chain and when the data is to accompany the product to subsequent
stages. The GMO data must accompany the product even in the case of
loose goods. Genetically modified seeds, plants and derivatives must
be kept separate from ‘clean’ products. The monitoring of
unintentional contamination could be a problem.
Only GMOs approved by the EU’s own authorisation
procedure may be placed on the market in the EU. The importer must
receive the GMO identification data from the exporter or must
determine its identity himself by samples and tests.
No deadline has been set for bringing this system into
force, nor have any uniform penalties been proposed for breach of
the provisions.
Producers are critical of the new regulation. They
complain about problems in putting the provisions into effect in
practice, extra costs, the ease of abuses and the commercial
consequences. Consumers’ associations have been cautiously
welcoming. They do not want to see any GMO-based products on the
market in the EU that is not clearly labelled and can see that the
regulation opens the way to their arrival on the EU market.
AMENDMENTS
The Committee on Industry, External Trade, Research
and Energy calls on the Committee on the Environment, Public Health
and Consumer Policy, as the committee responsible, to incorporate
the following amendments in its report:
| Text proposed by the
Commission(14) |
Amendments by
Parliament |
Amendment 1
Article 3, paragraph 1
|
1. 'genetically modified
organism' means genetically modified organism as defined in
Article 2(2) of Directive 2001/18/EC; |
|
1. 'genetically modified
organism' means genetically modified organism as defined in
Article 2(2) of Directive 2001/18/EC excluding organisms
obtained through the techniques of genetic modification listed
in Annex I B of Directive
2001/18; |
Justification
Article 2(2) of Directive 2001/18 defines GMOs with
the explicit exemptions from the scope defined in Article 3 (1) of
organisms obtained through techniques of genetic modification listed
under Annex I B of that Directive. For legal certainty and
consistency, the definitions of both the Directive 2001/18 and the
Regulation on traceability and labelling must be
coherent.
Amendment 2
Article 4
|
Traceability and labelling requirements
for GMOs
1. When
placing pre-packaged products consisting of, or containing
GMOs on the market, operators shall ensure that the words
"This product contains genetically modified organisms" appear
on a label. |
|
Food products claiming to be GMO free
shall be labelled ‘GM free’. In the case of all products not
so labelled it can be assumed that they may contain or do
contain GMOs. |
|
2. At
the first stage of the placing on the market of a product
consisting of or containing GMOs, including bulk quantities,
operators shall ensure that the following information is
transmitted to the operator receiving the product:
(a) that
it contains or consists of GMOs;
(b) the
relevant unique code(s) assigned to those GMOs in accordance
with Article 8.
However, the information referred to in
point (b) may be replaced by a declaration by the operator
that the product shall only be used as food or feed, or for
processing, together with the unique codes for the GMOs that
the product may contain. |
|
|
|
3. At
all subsequent stages of the placing on the market of products
referred to in paragraph 2, operators shall ensure that the
information received in accordance with paragraph 2 is
transmitted to the operators receiving the
products. |
|
|
|
4. Without
prejudice to Article 6, operators shall have in place systems
and procedures to allow the identification, for a period of
five years from each transaction, of the person from whom and
to whom the products referred to in paragraph 2 have been made
available. |
|
|
|
5. Paragraphs
1 to 4 are without prejudice to other specific requirements in
Community legislation. |
|
|
Justification
The Commission’s proposal for a Council regulation
on traceability and labelling requirements for GMOs is complex,
costly and will cause trade disputes. ‘GM free’ labelling meets the
requirements of clear and accurate information to the consumer
without creating unjustifiable costs and disputes.
Amendment 3
Article 5
|
Traceability requirements for products
produced from GMOs
1. When
placing products produced from GMOs on the market, operators
shall ensure that the following information is transmitted to
operators receiving the product:
(a) an
indication of each of the food ingredients, including
additives and flavouring(s), which is produced from
GMOs;
(b) an
indication of each of the feed materials or additives which is
produced from GMOs;
(c) in
the case of products for which no list of ingredients exists,
an indication that the product is produced from
GMOs. |
|
|
|
2. Without
prejudice to Article 6, operators shall have in place systems
and procedures to allow the identification, for a period of
five years from each transaction, as to the person from whom
and to whom the products referred to in paragraph 1 have been
made available. |
|
|
|
3. Paragraphs
1 and 2 are without prejudice to other specific requirements
in Community legislation. |
|
|
Justification
The Commission’s proposal for a Council regulation
on traceability and labelling requirements for GMOs is complex,
costly and will cause trade disputes.
Amendment 4
Article 6, paragraph 3 a (new)
| |
|
3a. Seeds
containing adventitious or technically unavoidable traces of
GMOs authorised following the objectives of Directive
2001/18/EC for deliberate release into the environment and
placing on the market are exempt from the requirements of
Article 4. Minimum thresholds for adventitious presence may be
established by the competent Standing
Committee. |
Justification
The scope of the Regulation on traceability and
labelling explicitly concerns the traceability of GMOs including
seeds (v. Explanatory memorandum ‘Framework’ p. 3). Therefore, for
seeds, a specific provision concerning the adventitious presence of
GMOs should be included in the Regulation.
Amendment 5
Article 6, paragraph 4 a (new)
| |
|
4a. Highly
processed food and feed products in which the genetic
modification is not reliably and consistently verifiable using
the technical guidelines established under Article 9, shall be
exempt from Article 5. The European Food Safety Authority
shall establish a list of such
products. |
Justification
This is necessary to provide for legal certainty
for operators (see Recital 7) and Member State inspection and
control authorities (in accordance with Article 9).
Amendment 6
Article 9, paragraph 1
|
1. Member States shall
ensure that inspections and other control measures, as
appropriate, are carried out to ensure compliance with this
Regulation. |
|
1. Member States shall
ensure that inspections and other control measures, as
appropriate, are carried out to ensure compliance with this
Regulation. For the purposes of control, the Commission
shall prepare technical guidelines concerning sampling and
testing before [31 December
2002]. |
Justification
Because the proposal for a regulation does not
contain any time limits, this needs to be laid down so that the
implementation of the system can take place as rapidly as
possible. |
|
|
17 April 2002
OPINION OF THE COMMITTEE ON AGRICULTURE AND RURAL
DEVELOPMENT
for the Committee on the Environment, Public Health
and Consumer Policy
on the proposal for a regulation of the European
Parliament and of the Council concerning traceability and labelling
of genetically modified organisms and traceability of food and feed
products produced from genetically modified organisms and amending
Directive 2001/18/EC
(COM(2001) 182 – C5‑0380/2001 – 2007/0180(CNS))
Draftsman: Encarnación Redondo Jiménez
PROCEDURE
The Committee on Agriculture and Rural Development
appointed Encarnación Redondo Jiménez draftsman at its meeting of 12
September 2001.
It considered the draft opinion at its meetings of 23
January, 19 February, 20 March and 17 April 2002.
At the last meeting it adopted the following
amendments by 23 votes to 10, with 3 abstentions.
The following were present for the vote: Joseph Daul
(chairman); Friedrich-Wilhelm Graefe zu Baringdorf, Albert Jan Maat,
María Rodríguez Ramos (vice-chairmen); Encarnación Redondo Jiménez
(draftsman); Gordon J. Adam, Danielle Auroi, Alexandros Baltas (for
Vincenzo Lavarra), Carlos Bautista Ojeda, Sergio Berlato, Niels
Busk, Arlindo Cunha, Michl Ebner, Christel Fiebiger, Ilda Figueiredo
(for Dimitrios Koulourianos), Francesco Fiori, Jean-Claude Fruteau,
Georges Garot, Lutz Goepel, Willi Görlach, Liam Hyland, Elisabeth
Jeggle, Salvador Jové Peres, Hedwig Keppelhoff-Wiechert, Heinz
Kindermann, Wolfgang Kreissl-Dörfler (for António Campos), Astrid
Lulling (for Christos Folias), Xaver Mayer, Jan Mulder (for Giovanni
Procacci), Karl Erik Olsson, Neil Parish, Mikko Pesälä, Christa
Prets (for María Izquierdo Rojo), Agnes Schierhuber, Dominique F.C.
Souchet, Robert William Sturdy and Eurig Wyn (for Giorgio
Celli).
SHORT
JUSTIFICATION
The proposal for a regulation (COM(2001) 182) lays
down requirements and obligations which should ensure that GMOs are
labelled and that both they and the food and feed products derived
from them are traceable at all stages of the marketing process. At
the same time the Commission has issued a second proposal relating
to the authorisation, evaluation and labelling of genetically
modified food and feed (COM(2001) 425). This ‘package’ will be
supplemented in the near future by other proposals relating to seeds
(purity criteria in respect of the accidental presence of GMO
residues in batches of conventional seed), assessment of the risks
which genetically modified vegetable varieties pose to the
environment, the prevention of environmental damage caused by GMOs
and a judicial instrument for implementing the Cartagena Protocol on
biosafety (part of the Convention on Biological Diversity).
The procedures for authorising the marketing of GMOs
are currently suspended pending the adoption of a harmonised
labelling and traceability scheme. Such a scheme should be able to
do all of the following at one and the same time: determine the
identity of GMOs and the characteristics thereof, so as to allow
selective monitoring of the effects which they may have on the
environment; enable a product to be located at any stage of the
production and distribution chain, so that it can be withdrawn if
any unforeseen risk arises to public health, animal health or the
environment; and, lastly, facilitate the labelling of pre-packaged
products and the performance of checks on the accuracy of what is
stated on such labels.
The Commission proposal seeks to attain these
objectives but it often fails to distinguish between ambition and
what can realistically be achieved, and on occasions the potential
for internal inconsistency may be glimpsed. Furthermore, adoption of
the proposal could lead to international trade conflicts, since the
measures put forward are construed by certain countries (including
the USA) as barriers to trade.
However, European consumers are entitled to proper
information regarding the contents of any foodstuff, for which
reason the provision of reliable information should be one of the
main objectives of Community rules in respect of GMO labelling and
traceability. That is the aim which this draft opinion seeks to
achieve, for which reason it rejects any aspects which would give
rise to dubious practices, thereby sowing confusion amongst
consumers. Specifically, it rejects the requirement to ensure
traceability (and, therefore, to supply labelling) for GMO-derived
products from which all trace of genetic modification has
disappeared and which do not therefore differ from conventional
products. The fact that no method of analysis exists which can
detect the DNA or the protein resulting from genetic modification
could undoubtedly lead to countless cases of fraud, for which reason
the ultimate aim (i.e. to give consumers greater freedom of choice)
would not be achieved. Furthermore, the fact that such products are
no different from conventional ones renders the Commission proposal
pointless.
Furthermore, it should be pointed out that the
labelling of any given product provides no guarantee regarding the
safety thereof. Both for GMOs and for any other foodstuff, the
European Union should have reliable checking and authorisation
schemes designed to prevent products which are a threat to human
health, animal health or the environment from being placed on the
market.
One of the aims of this opinion is to ensure
incorporation of the provisions laid down in the Cartagena Protocol
in order to minimise the risk of trade conflicts (bearing in mind,
however, that the USA has not signed that protocol).
In the interests of greater clarity, Parliament is
asking the Commission to consolidate all legislation relating to
genetically modified organisms intended for human and animal
consumption into a single law.
AMENDMENTS
The Committee on Agriculture and Rural Development
calls on the Committee on the Environment, Public Health and
Consumer Policy, as the committee responsible, to incorporate the
following amendments into its report:
| Text proposed by the
Commission(15) |
Amendments by
Parliament |
Amendment 1
Title of the Regulation
|
Proposal for a regulation of the European
Parliament and of the Council concerning traceability and
labelling of genetically modified organisms and traceability
of food and feed products produced from
genetically modified organisms and amending Directive
2001/18/EC. |
|
Proposal for a regulation of the European
Parliament and of the Council concerning traceability and
labelling of genetically modified organisms and traceability
and labelling of food and feed products
obtained or derived from genetically modified
organisms and amending Directive
2001/18/EC. |
Justification
The title needs to be amended so that it reflects
the draftsman’s proposed amendments to the proposal for a
regulation.
Amendment 2
Article 2, paragraph 1, subparagraphs (b) and
(c)
|
(b) foods and food
ingredients, including food additives and
flavourings, produced from GMOs, placed
on the market in accordance with Community legislation;
(c) feed
materials, compound feedingstuffs and feed
additives, produced from GMOs, placed on the market in
accordance with Community legislation. |
|
(b) foods and food
ingredients, obtained or derived from GMOs,
placed on the market in accordance with Community
legislation;
(c) compound feedingstuffs
obtained or derived from GMOs, placed on the
market in accordance with Community
legislation. |
Justification
The correct terminology must be used in each
language. There is no need to mention the substances which will be
defined in the European Parliament and Council regulation laying
down the principles and the general requirements of food
legislation, establishing the European Food-Safety Authority and
stipulating procedures relating to food safety.
Amendment 3
Article 3, paragraph 2
|
(2) 'produced
from GMOs' means derived, in whole or in part, from GMOs, but
not containing or consisting of GMOs; |
|
(2) 'obtained or
derived from GMOs' means obtained or
derived, in whole or in part, from GMOs, but not
containing or consisting of GMOs; |
Justification
The correct terminology must be used in each
language.
Amendment 4
Article 3, paragraph 5
|
(5) 'operator’ means a
person who places a product on the market and also a person
who receives a product that has been placed on the market in
the Community, at any stage of the production and distribution
chain, but does not include the ultimate consumer; |
|
(5) 'operator’ means a
person who places a product on the market and also a person
who receives a product originating within a Member State
or outside the EU that has been placed on the market
in the Community, at any stage of the production and
distribution chain, but does not include the ultimate
consumer; |
Justification
The fact that products which have been placed on
the market will be treated in the same way irrespective of their
origin (either inside or outside the Community) must be
reiterated.
Amendment 5
Article 3, paragraph 7
|
(7) 'food
additive' means food additive as defined in Article 1(2) of
Council Directive 89/107/EEC. |
|
Deleted |
Justification
This definition will be framed in the new
regulation laying down the principles and the general requirements
of food legislation, establishing the European Food-Safety Authority
and stipulating procedures relating to food safety.
Amendment 6
Article 3, paragraph 8
|
(8) 'flavouring'
means flavouring as defined in Article 1(2) of Council
Directive 88/388/EEC; |
|
Deleted |
Justification
This definition will be framed in the new
regulation laying down the principles and the general requirements
of food legislation, establishing the European Food-Safety Authority
and stipulating procedures relating to food safety.
Amendment 7
Article 3, paragraph 11
|
(11) 'feed
materials' means feed materials as defined in Article 2(a) of
Council Directive 96/25/EC; |
|
Deleted |
Justification
This definition will be framed in the new
regulation laying down the principles and the general requirements
of food legislation, establishing the European Food-Safety Authority
and stipulating procedures relating to food safety.
Amendment 8
Article 3, paragraph 12
|
(12) ‘feed
additives' means additives as defined in Article 2(a) of
Council Directive 70/524/EEC; |
|
Deleted |
Justification
This definition will be framed in the new
regulation laying down the principles and the general requirements
of food legislation, establishing the European Food-Safety Authority
and stipulating procedures relating to food safety.
Amendment 9
Article 3, paragraph 15
|
(15) 'pre-packaged' means
any single item for sale to the ultimate user,
consisting of a product and the packaging into which it was
put before being offered for sale, whether such packaging
encloses the product completely or only partially, but in such
a way that the contents cannot be altered without opening or
changing the packaging. |
|
(15) 'pre-packaged' means
any single item for sale, consisting of a product and the
packaging into which it was put before being offered for sale,
whether such packaging encloses the product completely or only
partially, but in such a way that the contents cannot be
altered without opening or changing the
packaging. |
Justification
The labelling obligations foreseen for pre-packaged
products should apply to all pre-packaged products whether they are
for sale to the ultimate user or for sale to food/ feed business
operators.
Amendment 10
Article 4, paragraph 2, second subparagraph
|
However, the information referred to in point
(b) may be replaced by a declaration by the operator that the
product shall only be used as food or feed, or for processing,
together with the unique codes for the GMOs that the product
may contain. |
|
However, pending the entry into force
of the exclusive-identification system laid down in the
Cartagena Protocol on biosafety (part of the Convention on
Biological Diversity), the information referred to in
point (b) may be replaced by a declaration by the operator
that the product shall only be used as food or feed, or for
processing, together with the unique codes for the GMOs that
the product may contain, pursuant to Article
8. |
Justification
Until such time as the Cartagena Protocol's
exclusive-identification system comes into force, the above
safeguard needs to be incorporated in order to prevent trade
conflicts.
Amendment 11
Article 5, title
|
Traceability requirements for products
produced from GMOs |
|
Traceability requirements for products
obtained or derived from
GMOs |
Justification
The most accurate terminology must be used in each
language.
Amendment 12
Article 5, paragraph 1
|
When placing products produced
from GMOs on the market, operators shall ensure
that the following information is transmitted to operators
receiving the product: |
|
When placing on the market
products obtained or derived from GMOs in
which the presence of DNA or protein resulting from the
genetic modification may be detected, operators shall
ensure that the following information is transmitted to
operators receiving the product: |
Justification
At present, methods of analysis do not always
detect traces of genetic modification in products obtained from
GMOs, for which reason applying traceability and labelling rules in
all cases would result in countless cases of fraud and would fail to
achieve the ultimate objective, which is to provide consumers with
information so that they are able to choose freely. The draftsman
considers that consumers would not be better informed than they are
at present. Furthermore, since such products are identical to
conventional ones, there would be no point in differentiating
between the two types of product in the regulation to which this
opinion relates.
Amendment 13
Article 5a (new)
| |
|
Requirements concerning the labelling
of products obtained or derived from
GMOs. |
| |
|
1. Labelling
shall not apply to products obtained or derived from GMOs in
which the DNA or the protein resulting from the genetic
modification cannot be
detected. |
| |
|
2. The
labelling of products obtained or derived from GMOs in which
the DNA or the protein resulting from the genetic modification
is detectable shall be regulated by means of the European
Parliament and Council Regulation on genetically modified food
and feed products. |
Justification
At present, methods of analysis do not always
detect traces of genetic modification in products obtained from
GMOs, for which reason applying traceability and labelling rules in
all cases would result in countless cases of fraud and would fail to
achieve the ultimate objective, which is to provide consumers with
information so that they are able to choose freely. The draftsman
considers that consumers would not be better informed than they are
at present. Furthermore, since such products are identical to
conventional ones, there would be no point in differentiating
between the two types of product in the regulation to which this
opinion relates.
Amendment 14
Article 7, first paragraph a (new)
| |
|
With effect from the date upon which
this Regulation comes into force, Directive 2001/18/EC shall
be amended as follows: |
| |
|
‘The following Article 12a is
inserted: |
| |
|
Article 12a – Accidental presence of
GMOs in products. |
| |
|
Articles 13 to 21 shall not apply to
the placing on the market of GMO residues or GMO compounds in
products intended for direct or indirect use as food or feed
products or for further processing, provided that the
proportion of such residues is no greater than 1% or does not
exceed the lower thresholds established in accordance with the
procedure laid down in Article 30(2), and provided that such
GMO residues are accidental or technically unavoidable and
that the GMO has been subjected by the relevant scientific
committee(s) or by the European Food Authority to a scientific
risk assessment which reveals that the substance does not pose
a threat to human health or to the environment. In order to
establish that such GMO residues are accidental or technically
unavoidable, company operators must be able to demonstrate to
the relevant authorities that they have taken appropriate
action to exclude them.’ |
Justification
The acceptable level for the accidental presence of
GMOs which is laid down in Directive 2001/18/EC must be adjusted by
means of this regulation rather than via the draft document on
genetically modified food and feed products which has been submitted
by the Commission. The purpose of the change proposed by the
draftsman is to achieve greater legislative consistency, since the
regulation to which this opinion relates is intended precisely to
amend Directive 2001/18/EC.
Amendment 15
Article 8, first paragraph, subparagraph (b)
|
(b) adapt the system
provided for in point (a), as appropriate, taking into account
further developments in international fora. |
|
(b) adapt, as easily
and as simply as possible, so as not to hinder trade,
the system provided for in point (a), as appropriate, taking
into account further developments in international fora,
particularly in the light of the implementation of the
Cartagena Protocol on biosafety (part of the Convention on
Biological Diversity) as regards exclusive
identification. |
Justification
It must be ensured that the section of the
Cartagena Protocol which relates to exclusive identification is
swiftly incorporated into Community law, so as not to distort trade
and so as to prevent trade conflicts.
Amendment 16
Article 9, paragraph 2
|
Prior to the application of Articles 1 to 7,
the Commission shall develop technical guidance on sampling
and testing to facilitate a coordinated approach for the
implementation of paragraph 1 |
|
Prior to the application of Articles 1 to 7,
the Commission shall develop technical guidance on sampling
and testing which ensures that such sampling and testing
is not only effective but also simple and of minimal cost to
operators. |
Justification
Methods of sampling and testing need to be simple
and affordable to operators, so as to prevent any discrimination
between external and internal operators. |
|
|
| (1) |
OJ C 340, 30.10.2001, p. 327 |
| (2) |
OJ L 106, 17.4.2001, p. 1. |
| (3) |
OJ L 106, 17.4.2001, p. 1. |
| (4) |
OJ C 296, 18.10.2000, p. 122. EP Resolution on the follow-up to
Parliament's opinion on genetically modified food labelling -
B5-0313/1999. |
| (5) |
COM (2002) 85, 18.02.2002. |
| (6) |
OJ C 55, 2.3.2002, Commission communication to the Council,
European Parliament, the Economic and Social Committee and the
Committee of the Regions, Life Sciences and Biotechnology – a
strategy for Europe, COM(2002)27. |
| (7) |
OJ L 330, 5.12.1998, p. 13. |
| (8) |
OJ L 106, 17.04.2001, p. 1. |
| (9) |
OJ L 43, 14.02.1997, p. 1. |
| (10) |
OJ L 159, 03.06.1998, p. 4. |
| (11) |
OJ L 6, 11.10.2000, p. 13. |
| (12) |
OJ L 6, 11.01.2000, p. 15. |
| (13) |
OJ L 26, 30.01.2002, p. 8. |
| (14) |
OJ C . |
| (15) |
OJ C 304, 30.10.2001, p. 327. | |
|