Agriculture Reference
In-Depth Information
RenewalofNationalSafeguardProvisions
In spite of the revision of Directive 90/220/EEC, eight of the nine bans
remained in place and were renewed under the safeguard provision of
the new Directive 2001/18/EC. Only the UK withdrew its ban. In view of
the new Directive, the Commission examined the additional information
provided by those member-states that had invoked the safeguard clause
and submitted it to the newly established EFSA
13
for evaluation. In July
2004, EFSA provided its opinions concluding that the additional infor-
mation and arguments provided by the member-states did not invalidate
the original risk assessments for the GMOs in question. Consequently,
the Commission proposed decisions, initially to the Regulatory Commit-
tee, requesting member-states concerned to lift their national safeguard
measures. The Regulatory Committee, however, on November 29, 2004,
failed to reach a qualified majority either in favor or against these pro-
posals. The proposals were therefore transmitted to the Council, which
rejected the Commission's proposals on June 24, 2005.
The Commission was required to either submit amended proposals to
the Council, or to re-submit its original proposals or to present legislative
proposals. Taking account of the Council decision, prior to any further
action, the Commission again requested EFSA to provide a scientific
opinion taking specific questions into account for the individual GMOs.
In its opinion of March 2006, EFSA again judged that the information
provided did not constitute new scientific evidence that would invali-
date the previous risk assessments.
14
In the light of the EFSA opinion,
the Commission proposed draft Council decisions requesting Austria to
repeal its measures concerning MON810 and T25 maize.
15
In December
2006, the Council rejected the Commission's proposals. In March 2009,
13
Regulation (EC) No 178/2002. Official Journal of the European Communities L31:
1-24. 1.2.2002.
14
http://www.efsa.europa.eu/en/scdocs/scdoc/338.htm.
15
The other three GMO (Bt 176 maize, MS1xRF1 and Topas 19/2 rapeseed) prohibited
by the national safeguard clauses have no longer been commercialized by the compa-
nies concerned.
