Procedure : 2015/0093(COD)
Document stages in plenary
Document selected : A8-0305/2015

Texts tabled :

A8-0305/2015

Debates :

PV 28/10/2015 - 4
CRE 28/10/2015 - 4

Votes :

PV 28/10/2015 - 7.5
CRE 28/10/2015 - 7.5
Explanations of votes
Explanations of votes

Texts adopted :

P8_TA(2015)0379

REPORT     ***I
PDF 466kWORD 95k
19.10.2015
PE 560.784v02-00 A8-0305/2015

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1829/2003 as regards the possibility for the Member States to restrict or prohibit the use of genetically modified food and feed on their territory

(COM(2015)0177 – C8‑0107/2015 – 2015/0093(COD))

Committee on the Environment, Public Health and Food Safety

Rapporteur: Giovanni La Via

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1829/2003 as regards the possibility for the Member States to restrict or prohibit the use of genetically modified food and feed on their territory

(COM(2015)0177 – C8‑0107/2015 – 2015/0093(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

  having regard to the Commission proposal to Parliament and the Council (COM(2015)0177),

  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0107/2015),

  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

  having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Belgian Chamber of Representatives, the Spanish Parliament, the Netherlands House of Representatives and the Austrian Federal Council, asserting that the draft legislative act does not comply with the principle of subsidiarity,

  having regard to the opinion of the European Economic and Social Committee of 16 September 2015(1),

  having regard to the opinion of the Committee of Regions of 13 October 2015(2),

  having regard to Rule 59 of its Rules of Procedure,

  having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Agriculture and Rural Development (A8-0305/2015),

1.  Rejects the Commission proposal;

2.  Calls on the Commission to withdraw its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

EXPLANATORY STATEMENT

On 22 April 2015, the Commission presented - together with a Communication "Reviewing the decision-making process on genetically modified organisms" - a proposal for a Regulation amending Regulation (EC) No 1829/2003 as regards the possibility for the Member States to restrict or prohibit the use of genetically modified food and feed on their territory (COM(2015)0177).

In its proposal, the Commission suggests to mirror, as regards genetically modified food and feed, the recent amendment of Directive 2001/18/EC in respect of GMOs intended for cultivation (Directive (EU) 2015/412 which entered into force in early April 2015). Accordingly, it proposes to allow Member States to restrict or prohibit - under certain conditions - the use of genetically modified food and feed on their territory after these products have been authorised ("opt-out"). As laid out in the Explanatory Memorandum of the proposal, such measures need to be compatible with the internal market (in particular Articles 34 and 36 TFEU) and the EU's international obligations (WTO rules). In particular, national measures must be reasoned and based on compelling grounds which must not conflict with the risk assessment carried out by EFSA (Article 34a(1)(a)). In addition, they have to be proportional and non-discriminatory (Article 34a(1)(b)).

On 8 June 2015, Commissioner Vytenis Andriukaitis was invited to an exchange of views with the Members of the ENVI-Committee. In the debate, Members expressed serious concerns in relation to, inter alia, the lack of an Impact Assessment, the compatibility of measures taken by Member States with the Internal Market and WTO rules as well as the practicability of the proposal. Others voiced their discontent with the fact that Commission President Jean-Claude Juncker had stepped back from his initial commitment to review the existing decision-making process for GMOs (i.e. the authorisation procedure itself).

Your Rapporteur shares most of the concerns expressed in the above-mentioned debate. In particular, he considers that - as its adoption was not preceded by an assessment of all possible impacts and alternative options available - the proposal conflicts with the "Better Regulation" and "Transparency" pledges made by the new Commission. In this context, he has serious concerns about the far-reaching consequences of the proposal for the functioning of the Internal Market for food and feed and for the competitiveness of the Union's agricultural sector. As the EU today remains highly dependent on the supply of proteins from GM sources and considering that the proposal is likely to have negative indirect effect on imports, Your Rapporteur is of the view that the proposal may seriously endanger livestock production and also negatively affect agriculture in the EU.

In addition, Your Rapporteur considers the proposal to be almost impossible to implement as border controls no longer exist within the EU's agricultural sector. The re-introduction of such controls between Member States would reverse the economic achievements of the European Customs Union and the Single Market. Moreover, it is unclear how Member States making use of an "opt out" will, in practice, ensure compliance with such measures on their territory.

Finally, by stating that Member States must provide "compelling reasons" to justify their opt-out while respecting the Internal Market and WTO trade rules, the proposal fails to ensure the necessary legal certainty and adequate tools for Member States that wish to lawfully restrict or prohibit the use of GM food and feed on their territory. Likewise, the Commission has, to the detriment of legal certainty, not provided any definition of the term "use" in its proposal.

In line with the views expressed by a large majority of ENVI-Members and based, in particular, on the grounds listed above, Your Rapporteur therefore suggests to reject the Commission proposal.

3.9.2015

OPINION of the Committee on Agriculture and Rural Development

for the Committee on the Environment, Public Health and Food Safety

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1829/2003 as regards the possibility for the Member States to restrict or prohibit the use of genetically modified food and feed on their territory

(COM(2015)0177 – C8‑0107/2015 – 2015/0093(COD))

Rapporteur: Albert Deß

The Committee on Agriculture and Rural Development calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to propose rejection of the Commission proposal.

PROCEDURE

Title

The possibility for the Member States to restrict or prohibit the use of genetically modified food and feed on their territory

References

COM(2015)0177 – C8-0107/2015 – 2015/0093(COD)

Committee responsible

       Date announced in plenary

ENVI

30.4.2015

 

 

 

Opinion by

       Date announced in plenary

AGRI

30.4.2015

Rapporteur

       Date appointed

Albert Deß

20.5.2015

Date adopted

3.9.2015

 

 

 

Result of final vote

+:

–:

0:

28

8

6

Members present for the final vote

John Stuart Agnew, Clara Eugenia Aguilera García, Eric Andrieu, Daniel Buda, Nicola Caputo, Matt Carthy, Paolo De Castro, Albert Deß, Diane Dodds, Norbert Erdős, Edouard Ferrand, Luke Ming Flanagan, Beata Gosiewska, Martin Häusling, Anja Hazekamp, Jan Huitema, Peter Jahr, Jarosław Kalinowski, Zbigniew Kuźmiuk, Philippe Loiseau, Mairead McGuinness, Giulia Moi, Ulrike Müller, Maria Noichl, Marit Paulsen, Marijana Petir, Bronis Ropė, Czesław Adam Siekierski, Marc Tarabella, Janusz Wojciechowski, Marco Zullo

Substitutes present for the final vote

Bas Belder, Angélique Delahaye, Jean-Paul Denanot, Jørn Dohrmann, Georgios Epitideios, Fredrick Federley, Jens Gieseke, Maria Heubuch, Karin Kadenbach, Norbert Lins, Susanne Melior, Stanislav Polčák, Annie Schreijer-Pierik, Hannu Takkula, Vladimir Urutchev

Substitutes under Rule 200(2) present for the final vote

Heinz K. Becker, Carlos Iturgaiz

PROCEDURE – COMMITTEE RESPONSIBLE

Title

The possibility for the Member States to restrict or prohibit the use of genetically modified food and feed on their territory

References

COM(2015)0177 – C8-0107/2015 – 2015/0093(COD)

Date submitted to Parliament

22.4.2015

 

 

 

Committee responsible

       Date announced in plenary

ENVI

30.4.2015

 

 

 

Committees asked for opinions

       Date announced in plenary

ITRE

30.4.2015

IMCO

30.4.2015

AGRI

30.4.2015

 

Not delivering opinions

       Date of decision

ITRE

7.5.2015

IMCO

23.6.2015

 

 

Rapporteurs

       Date appointed

Giovanni La Via

9.6.2015

 

 

 

Discussed in committee

15.7.2015

 

 

 

Date adopted

13.10.2015

 

 

 

Result of final vote

+:

–:

0:

47

3

5

Members present for the final vote

Marco Affronte, Margrete Auken, Zoltán Balczó, Catherine Bearder, Ivo Belet, Biljana Borzan, Cristian-Silviu Buşoi, Nessa Childers, Birgit Collin-Langen, Mireille D’Ornano, Seb Dance, Angélique Delahaye, Jørn Dohrmann, Ian Duncan, Stefan Eck, Bas Eickhout, Eleonora Evi, José Inácio Faria, Francesc Gambús, Elisabetta Gardini, Gerben-Jan Gerbrandy, Jens Gieseke, Julie Girling, Sylvie Goddyn, Matthias Groote, Françoise Grossetête, Jytte Guteland, György Hölvényi, Jean-François Jalkh, Josu Juaristi Abaunz, Karin Kadenbach, Giovanni La Via, Peter Liese, Valentinas Mazuronis, Susanne Melior, Massimo Paolucci, Piernicola Pedicini, Bolesław G. Piecha, Pavel Poc, Frédérique Ries, Michèle Rivasi, Daciana Octavia Sârbu, Annie Schreijer-Pierik, Davor Škrlec, Dubravka Šuica, Tibor Szanyi, Nils Torvalds, Glenis Willmott, Damiano Zoffoli

Substitutes present for the final vote

Guillaume Balas, Soledad Cabezón Ruiz, Alojz Peterle, Christel Schaldemose, Bart Staes

Substitutes under Rule 200(2) present for the final vote

Anthea McIntyre

Date tabled

19.10.2015

(1)

Not yet published in the Official Journal.

(2)

Not yet published in the Official Journal.

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