Amendments on EP Report A5-0204/2003 (Recommendation for second reading on the common position for a regulation on traceability and labelling of GMOs)

Brussels, 30 Jun 2003

Full text of Amendments 001 - 021 PIN archive of Amendments 001 - 021

26 June 2003 A5-0204/ 1-21

AMENDMENTS 1-21
tabled by the Committee on the Environment, Public Health and Consumer Policy

RECOMMENDATION FOR 2nd READING by Antonios Trakatellis A5-0204/2003
Traceability and labelling of GMOs

Council common position
(15798/1/2002 &emdash; C5-0131/2003 &emdash; 2001/0180(COD))

Council common position

Amendments by Parliament

Amendment 1
TITLE

Regulation (EC) No /2003 of the European Parliament and of the Council of ... concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC
Regulation (EC) No /2003 of the European Parliament and of the Council of ... concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms

(Reflects Amendment 51 at first reading, adopted on 3 July 2003.)

Justification

Even if the Regulation will amend Directive 2001/18/EC , there is obviously no need to mention this in the - already lengthy - title of the Regulation.

Amendment 2
Recital 10

(10) Certain traces of GMOs in products may be adventitious or technically unavoidable. Such presence of GMOs should therefore not trigger labelling and traceability requirements. It is therefore necessary to fix thresholds for the adventitious or technically unavoidable presence of material consisting, containing or produced from GMOs both when the marketing of such GMOs is authorised in the Community and when their adventitious or technically unavoidable presence is tolerated by virtue of Article 47 of Regulation (EC) No .../2003. It is also appropriate to provide that, when the combined level of adventitious or technically unavoidable presence of the above material in a food or feed or in one of its components is higher than the aforesaid labelling thresholds, such presence should be indicated in accordance with the provisions of this Regulation and detailed provisions to be adopted for its implementation.
(10) Certain traces of materials produced from GMOs in products may be adventitious or technically unavoidable. Such presence of materials produced from GMOs should therefore not trigger labelling and traceability requirements. It is therefore necessary to fix thresholds for the adventitious or technically unavoidable presence of material produced from GMOs both when the marketing of such materials is authorised in the Community and when their adventitious or technically unavoidable presence is tolerated by virtue of Article 12 or 24 of Regulation (EC) No .../2003. It is also appropriate to provide that, when the combined level of adventitious or technically unavoidable presence of the above material in a food or feed or in one of its components is higher than the aforesaid labelling thresholds, such presence should be indicated in accordance with the provisions of this Regulation and detailed provisions to be adopted for its implementation.

(Amends new text and reflects Amendments 26 and 55.)

Justification

If live GMOs are present in products they should be labelled irrespective of whether their presence is adventitious or technically unavoidable. The reference to Article 47 of the GM food/feed Regulation should be deleted as there should be no threshold for unauthorised GMOs.

Amendment 4
Recital 10a (new)

(10a) It is necessary to ensure that consumers are fully and reliably informed about GMOs and the products, foods and feed produced therefrom, so as to allow them to make an informed choice of product.

Justification

Reinstates parts of amendments 6 and 35 from the European Parliament's first reading which strengthen the promotion of information and the provision of data to consumers on GMOs and their products. It should also be pointed out that the text of this amendment was recently adopted in two non-legislative European Parliament resolutions, concerning consumer policy strategy &emdash; see P5_TA-PROV (2003)0100, report by P Whitehead, A5-0023/2003 &emdash; and `life sciences and biotechnology &emdash; a strategy for Europe' &emdash; see P5_TA-PROV (2002)0566, report by E M Damião, A5-0359/2002.

Amendment 3
Recital 12a (new)

(12a) The Commission should submit a report to the European Parliament and the Council on the implementation of this Regulation and, more specifically, on the effectiveness of the rules on traceability and labelling.

Justification

This amendment is not intended to change the content of the provisions of the regulation on traceability and labelling. On the basis of the innovative new elements introduced into the Council's common position in connection with the reinforcing of checks and the obligation on the Commission to draw up a report &emdash; see the insertion by new article 12 of the common position of a review clause for this regulation &emdash; the Commission must also be asked to examine the issue of the effectiveness of the rules on the labelling and traceability of GMOs and the traceability of food and feed produced from genetically modified organisms, detectability of genetically modified DNA or genetically modified protein in products produced from GMOs, using scientific methods. The aim is to promote further consumer protection and to put in place safety mechanisms in order to prevent deception, fraud, distortion of competition and obstruction of the market, in the event that it is impossible to use analytical methods to establish whether a product is derived from GMOs, since that product is identical in every respect to the corresponding conventional product.

Amendment 5
Article 1

This Regulation provides a framework for the traceability of products consisting of or containing genetically modified organisms (GMOs), and food and feed produced from GMOs, with the objectives of facilitating accurate labelling, monitoring the effects on the environment and, where appropriate, on health, and the implementation of the appropriate risk management measures including, if necessary, withdrawal of products.
This Regulation provides a framework for the traceability of products consisting of or containing genetically modified organisms (GMOs), and food and feed produced from GMOs, with the objectives, in accordance with the precautionary principle, of:

- facilitating accurate labelling,

- protecting human and animal health,

- protecting the environment and ecosystems,

- 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,

- giving consumers the right of free and independent choice,

- allowing effective measures to be introduced to prevent the unintended presence of GMOs or products thereof in other food or feed, and

- enabling such products to be withdrawn immediately, rapidly and totally in the event that they should prove harmful or hazardous.

Justification

This amendment takes up Amendment 6 adopted at first reading.
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 &emdash; A Strategy for Europe' COM(2002) 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 6
Article 3, point 10

(10) `Placing on the market' means placing on the market as defined in the specific Community legislation under which the relevant product has been authorised; in other cases, it is defined as in Article 2(4) of Directive 2001/18/EC ;
(10) `Placing on the market' means making available to third parties, whether in return for payment or free of charge; making available genetically modified micro-organisms for activities regulated under Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms1, including culture collections, shall not be regarded as placing on the market;

__________
1 OJ L 117, 8.5.1990, p. 1. Directive as last amended by Decision 2001/204/EC (OJ L 73, 15.3.2001, p.32)

(Reflects Amendment 12 at first reading, adopted on 3 July 2002.)

Justification

There should be one uniform definition of "placing on the market" for all GMOs and food and feed containing, consisting of or produced from GMOs.

Amendment 7
Article 4, paragraph 3

3. In the case of products consisting of or containing mixtures of GMOs to be used only and directly as food or feed or for processing, the information referred to in paragraph 1(b) may be replaced by a declaration of use by the operator, accompanied by a list of the unique identifiers for all those GMOs that have been used to constitute the mixture.
Deleted

(Reflects Amendment 16 at first reading, adopted on 3 July 2002.)

Justification

Given the Council's decision to reject the "may-contain" label for GMOs to be used only and directly as food or feed or for processing, originally proposed by the Commission, there is no reason to keep this paragraph, as these GMOs will now be treated just like any other product falling under Art. 4, paragraphs 1 and 2.

Amendment 8
Article 4, paragraph 4

4. Without prejudice to Article 6, operators shall have in place systems and procedures to allow the holding of information specified in paragraphs (1), (2) and (3) and the identification, for a period of five years from each transaction, of the operator by whom and the operator to whom the products referred to in paragraph 1 have been made available.
4. Without prejudice to Article 6, operators shall have in place systems and standardised procedures to allow the holding of information specified in paragraphs (1), (2) and (3) and the identification, for a period of ten years from each transaction, of the operator by whom, and the operator to whom, the products referred to in paragraph 1 have been made available.

(Reflects Amendments 17 and 50 at first reading adopted on 3 July 2003.)

Justification

Given the fact that marketing authorisations for GMOs (see Article 15(4) of Directive 2001/18/EC ) and in the future also for GM food and feed (see Article 7(5) and 19(5) of 5204/3/2003) shall be valid for ten years, it seems appropriate to extend the time period during which the information has to be available to ten years.

Amendment 9
Article 4, paragraph 7

7. Paragraphs 1 to 6 shall not apply to traces of GMOs in products in a proportion no higher than the thresholds established in accordance with Article 21(2) or (3) of Directive 2001/18/EC and in other specific Community legislation, provided that these traces of GMOs are adventitious or technically unavoidable.
Deleted

(Proposes to delete new text.)

Justification

The provision would allow to set thresholds for the traceability of GMOs in comitology which is clearly not acceptable

Amendment 10
Article 4, paragraph 8

8. Paragraphs 1 to 6 shall not apply to traces of GMOs in products intended for direct use as food, feed or for processing in a proportion no higher than the thresholds established for those GMOs in accordance with Articles 12, 24 or 47 of Regulation (EC) No.../2003, provided that these traces of GMOs are adventitious or technically unavoidable.
8. Paragraphs 1 to 6 shall not apply to traces of materials produced from GMOs in products intended for direct use as food, feed or for processing in a proportion no higher than the thresholds established for those materials in accordance with Articles 12 or 24 of Regulation (EC) No.../2003, provided that these traces of GMOs are adventitious or technically unavoidable.

(Reflects Amendments 26 and 55 at first reading, adopted on 3 July 2003.)

Justification

Article 47 of the GM food/feed regulation would introduce a threshold for unauthorised GMOs. The reference should therefore be deleted. The traceability threshold should apply to materials produced from GMOs only.

Amendment 11
Article 5, paragraph 1a (new)

1a. With reference to the GMOs from which the product is made, transmission of information in accordance with paragraph 1 shall include the unique code assigned to the GMO in question in accordance with Article 8.

(Reflects Amendment 21 at first reading adopted on 3 July 2003.)

Justification

Transmission of the unique code of the GMOs used is also relevant for products produced from GMOs.

Amendment 12
Article 5, paragraph 1b (new)

1b. 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 product contains [ingredient] produced from GMOs" appear on a label and in connection with the display and the advertising of the product.

(Reflects Amendment 20 at first reading adopted on 3 July 2003.)

Justification

No difference in terms of traceability and labelling should be made between pre-packaged products containing or consisting of GMOs (see Art. 4(6)(a) and pre-packaged products produced from GMOs.

Amendment 13
Article 5, paragraph 2

2. Without prejudice to Article 6, operators shall have in place systems and procedures to allow the holding of the information specified in paragraph 1 and the identification, for a period of five years from each transaction, of the operator by 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 standardised procedures to allow the holding of the information specified in paragraph 1 and the identification, for a period of ten years from each transaction, of the operator by whom and to whom the products referred to in paragraph  1 have been made available.

Justification

Reinstatement of amendments 17, 22 and 50 adopted at first reading. For reasons of safety and traceability, the information should be held for ten years. The introduction of standard procedures will also ensure effective and consistent storage of information and improve traceability.

Amendment 14
Article 5, paragraph 4

4. Paragraphs 1, 2 and 3 shall not apply to traces of GMOs in products for food and feed produced from GMOs in a proportion no higher than the thresholds established for those GMOs in accordance with Articles 12, 24 or 47 of Regulation (EC) No.../2003, provided that these traces of GMOs are adventitious or technically unavoidable.
4. Paragraphs 1, 2 and 3 shall not apply to traces of materials produced from GMOs in products for food and feed produced from GMOs in a proportion no higher than the thresholds established for those materials in accordance with Articles 12 or 24 of Regulation (EC) No.../2003, provided that these traces of GMOs are adventitious or technically unavoidable.
(Reflects Amendments 26 and 55 at first reading adopted on 3 July 2003.)

Justification

Article 47 of the GM food/feed regulation would introduce a threshold for unauthorised GMOs. The reference should therefore be deleted. The traceability threshold should apply to materials produced from GMOs only.

Amendment 15
ARTICLE 7
Articles 4 and 21 (Directive 2001/18/EC )
Article 7
Amendment of Directive 2001/18/EC
Deleted
Directive 2001/18/EC is hereby amended as follows:

1) Article 4(6) shall be deleted.

2) The following paragraph shall be added to Article 21:

"3. For products intended for direct processing, paragraph 1 shall not apply to traces of authorised GMOs in a proportion no higher than 0,9% or lower thresholds established under the provisions of Article 30(2), provided that these traces are adventitious or technically unavoidable."

(Reflects Amendment 28 at first reading adopted on 3 July 2003 (point 1) and proposes deletion of new text.)

Justification

Directive 2001/18/EC requires traceability of GMOs regardless of the purpose for which they shall be used. The proposed regulation, however, requires traceability only of 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.
Point 2 should be deleted as it deals with processed non-food/feed GM products which do not fall under the scope of the traceability regulation.

Amendment 16
ARTICLE 7A (new)
Article 26a (new) (Directive 2001/18/EC )

Article 7a
Amendment of Directive 2001/178/EC
Directive 2001/18/EC is hereby amended as follows:
The following new Article is inserted:

"Article 26a
Co-existence

1. Member States shall take all measures necessary to ensure that, at all stages of the placing on the market of the GMO, the notifier or any person selling the product take appropriate measures to prevent the unintended presence of the GMO or part thereof in other products.

2. The Commission shall gather and coordinate information based on studies at Community and national level, observe the developments regarding co-existence in Member States and on the basis of this information, develop guidelines on the co-existence of genetically modified, conventional and organic crops."

Justification

Given the Commission's decision of 5 March 2003, that "an approach based on subsidiarity could provide a fast and efficient solution" to the problem of co-existence, the proposed amendment adjusts amendments 43 and 88 adopted in first reading to this new situation. As decided by the Commission, Member States shall have the responsibility to ensure co-existence. The subsidiarity-based approach implies, however, that the amendment should be included in a Directive rather than in a Regulation.

Amendment 17
Article 9, paragraph 2

2. Prior to the application of Articles 1 to 7, the Commission, in accordance with the procedure referred to in Article 10(3), shall develop technical guidance on sampling and testing to facilitate a coordinated approach for the implementation of paragraph 1 of this Article. In developing the above technical guidance, the Commission shall take account of the work of national competent authorities, the committee referred to in Article 58(1) of Regulation (EC) No 178/2002 and the Community Reference Laboratory established under Regulation (EC) No?/2003.
2. Prior to the application of Articles 1 to 7, the Commission, in accordance with the procedure referred to in Article 10(2), shall develop and publish technical guidance on sampling and testing to facilitate a coordinated approach for the implementation of paragraph 1 of this Article. In developing the above technical guidance, the Commission shall take account of the work of national competent authorities, the committee referred to in Article 58(1) of Regulation (EC) No 178/2002 and the Community Reference Laboratory established under Regulation (EC) No?/2003.

Justification

Partially reinstates amendment 30 from the European Parliament's first reading. The adoption of technical guidance on sampling, testing and methods should be published, contributing to a coordinated approach and their successful implementation.

Amendment 18
Article 9, paragraph 2a (new)

2a. In order to help the Member States meet 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 which are not authorised in the European Union.

Justification

Reinstatement of amendment 31 adopted at first reading. The Council has addressed the problem in recital 8 of the common position. It should, however, be incorporated into an article since effective monitoring can be ensured only with access to specific information concerning sequencing and references etc., which also applies to GMOs not authorised in the EU.

Amendment 19
Article 10, paragraph 3

3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Deleted

(Proposes to delete new text.)

Justification

The comitology procedure to be used should be the regulatory procedure, mentioned in Art. 10(2).

Amendment 20
Article 12

No later than ....*, the Commission shall forward to the European Parliament and to the Council a report on the implementation of this Regulation, in particular with regard to Article 4(3) and, where appropriate, bring forward a proposal
Member States shall send the Commission in 2005, and thereafter every three years, a report on their experience with inspections and other control measures referred to in Article 9. The Commission shall send to the European Parliament and the Council , in 2006 and thereafter every three years, a summary report on the experience of the Member States.
___________
* Two years from the date of publication of this Regulation

(Proposes to amend next text.)

Justification

Member States should report regularly on their experience with inspections and other control measures and on the basis of these reports the Commission should report to Parliament and the Council.

Amendment 21
Article 13, paragraph 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 Union 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 Union of the measure referred to in Article  8(a) and must be consistent with Directive 2001/18/EC . Before the date of application of the measure referred to in Article 8(a), no GMOs, or food or feed products consisting of, containing or produced from GMOs, shall be approved.

Justification

Reinstatement of amendments 32 and 33 adopted at first reading. No new products can be approved for marketing before the new rules are adopted and implemented.

PE 333.031 / 12
EN

PE 333.031 / 13
EN Full text of Amendments 022 - 023 PIN archive of Amendments 022 - 023

26 June 2003 A5-0204/ 22

AMENDMENT 22
tabled by Chris Davies, on behalf of the ELDR Group

RECOMMENDATION FOR SECOND READING
by Antonios Trakatellis A5-0204/2003
Traceability and labelling of GMOs

Council common position
(15798/1/2002 &emdash; C5-0131/2003 &emdash; 2001/0180(COD))

Council common position

Amendments by Parliament

Amendment 22
ARTICLE 7a (NEW)
Article 26a (new) (Directive 2001/18/EC )

Directive 2001/18/EC is modified as follows:
New Article 26a is added
Measures to avoid the unintended presence of GMOs
1. Member States may take appropriate measures to avoid the unintended presence of GMOs in other products.
2. The Commission shall gather and coordinate information based on studies at Community and national level, observe the developments regarding co-existence in the Member States and, based on the information and observations, develop guidelines on the co-existence of genetically modified, conventional and organic crops".

Or. en AMENDMENT 23
tabled by Chris Davies, on behalf of the ELDR Group

RECOMMENDATION FOR SECOND READING
by Antonios Trakatellis A5-0204/2003
Traceability and labelling of GMOs

Council common position
(15798/1/2002 &emdash; C5-0131/2003 &emdash; 2001/0180(COD))

Council common position

Amendments by Parliament

Amendment 23
Recital 10a (new)

(10a) Operators should avoid the unintended presence of GMOs in other products and the Commission should gather information and develop, on this basis, guidelines on the coexistence of genetically modified, conventional and organic crops. Moreover, the Commission is invited to bring forward, as soon as possible, any further necessary proposal.

PE 333.031/ 22
EN EN Full text of Amendments 024 - 0 PIN archive of Amendments 024 - 0

26 June 2003 A5-0204/ 24

AMENDMENT 24
tabled by Antonios Trakatellis, on behalf of the PPE-DE Group

RECOMMENDATION FOR SECOND READING
by Antonios Trakatellis A5-0204/2003
Traceability and labelling of GMOs

Council common position
(15798/1/2002 &emdash; C5-0131/2003 &emdash; 2001/0180(COD))

Council common position

Amendments by Parliament

Amendment 24
Recital 10

(10) Certain traces of GMOs in products may be adventitious or technically unavoidable. Such presence of GMOs should therefore not trigger labelling and traceability requirements. It is therefore necessary to fix thresholds for the adventitious or technically unavoidable presence of material consisting, containing or produced from GMOs both when the marketing of such GMOs is authorised in the Community and when their adventitious or technically unavoidable presence is tolerated by virtue of Article 47 of Regulation (EC) No .../2003. It is also appropriate to provide that, when the combined level of adventitious or technically unavoidable presence of the above material in a food or feed or in one of its components is higher than the aforesaid labelling thresholds, such presence should be indicated in accordance with the provisions of this Regulation and detailed provisions to be adopted for its implementation.
(10) Certain traces of materials consisting, containing or produced from GMOs in products may be adventitious or technically unavoidable. Such presence of GMOs materials should therefore not trigger labelling and traceability requirements. It is therefore necessary to fix thresholds for the adventitious or technically unavoidable presence of material consisting, containing or produced from GMOs both when the marketing of such GMOs is authorised in the Community and when their adventitious or technically unavoidable presence is tolerated by virtue of Article 47 of Regulation (EC) No .../2003. It is also appropriate to provide that, when the combined level of adventitious or technically unavoidable presence of the above material in a food or feed or in one of its components is higher than the aforesaid labelling thresholds, such presence should be indicated in accordance with the provisions of this Regulation and detailed provisions to be adopted for its implementation.
.../...

Justification

The added words aim to give legal clarity to the text on the basis of the expression used by the Council on common position and to avoid confusion (see exactly the same expression, third sentence in the same paragraph). It should be noted that in very few cases we have a whole GMO in a product and therefore the expression "materials consisting, containing or produced from GMOs" is more correct and covers all cases of traces of GMOs in products.

Or. en 26 June 2003 A5-0204/ 25 AMENDMENT 25
tabled by Antonios Trakatellis, on behalf of the PPE-DE Group

RECOMMENDATION FOR SECOND READING
by Antonios Trakatellis A5-0204/2003
Traceability and labelling of GMOs

Council common position
(15798/1/2002 &emdash; C5-0131/2003 &emdash; 2001/0180(COD))

Council common position

Amendments by Parliament

Amendment 25
Recital 10a (new)

(10a) The Commission shall gather and co-ordinate information based on studies at Community and national level and observe the developments regarding co-existence in Member States, and based on this information develop guidelines on the co-existence of genetically modified conventional and organic crops.

Justification

Given the Commission's decision of 5 March 2003, that "an approach based on subsidiarity could provide a fast and efficient solution" to the problem of co-existence, the proposed amendment aim to ensure the development of guidelines on the co-existence of genetically modified, conventional and organic crops.

Or. en AMENDMENT 26
tabled by Antonios Trakatellis, on behalf of the PPE-DE Group

RECOMMENDATION FOR SECOND READING
by Antonios Trakatellis A5-0204/2003
Traceability and labelling of GMOs

Council common position
(15798/1/2002 &emdash; C5-0131/2003 &emdash; 2001/0180(COD))

Council common position

Amendments by Parliament

Amendment 26
Article 4, paragraph 8

8. Paragraphs 1 to 6 shall not apply to traces of GMOs in products intended for direct use as food, feed or for processing in a proportion no higher than the thresholds established for those GMOs in accordance with Articles 12, 24 or 47 of Regulation (EC) No.../2003, provided that these traces of GMOs are adventitious or technically unavoidable.
8. Paragraphs 1 to 6 shall not apply to traces of materials consisting or containing GMOs in products intended for direct use as food, feed or for processing in a proportion no higher than the thresholds established for those GMOs materials in accordance with Articles 12, 24 or 47 of Regulation (EC) No.../2003, provided that these traces of GMOs are adventitious or technically unavoidable.

Justification

The added words aim to give legal clarity to the text on the basis of the expression used by the Council on common position and to avoid confusion (see exactly the same expression, third sentence of recital 10 of Council's common position). It should be noted that in very few cases we have a whole GMO in a product and therefore the expression "materials consisting or containing GMOs" is more correct and covers all cases of traces of GMOs in products.

Or. en AMENDMENT
tabled by Antonios Trakatellis, on behalf of the PPE-DE Group

RECOMMENDATION FOR SECOND READING
by Antonios Trakatellis A5-0204/2003
Traceability and labelling of GMOs

Council common position
(15798/1/2002 &emdash; C5-0131/2003 &emdash; 2001/0180(COD))

Council common position

Amendments by Parliament

Amendment
Article 5, paragraph 4

4. Paragraphs 1, 2 and 3 shall not apply to traces of GMOs in products for food and feed produced from GMOs in a proportion no higher than the thresholds established for those GMOs in accordance with Articles  12, 24 or 47 of Regulation (EC) No.../2003, provided that these traces of GMOs are adventitious or technically unavoidable.
4. Paragraphs 1, 2 and 3 shall not apply to traces of materials produced from GMOs in products for food and feed produced from GMOs in a proportion no higher than the thresholds established for those GMOs materials in accordance with Articles  12, 24 or 47 of Regulation (EC) No.../2003, provided that these traces of GMOs are adventitious or technically unavoidable.

Justification

The added words aim to give legal clarity to the text on the basis of the expression used by the Council on common position and to avoid confusion (see exactly the same expression, third sentence of recital 10 of Council's common position). It should be noted that in very few cases we have a whole GMO in a product and therefore the expression "materials produced from GMOs" is more correct.

Or. en Full text of Amendments 028 - 029 PIN archive of Amendments 028 - 029

26 June 2003 A5-0204/ 28

AMENDMENT 28
tabled by Jillian Evans, on behalf of the Verts/ALE Group

RECOMMENDATION FOR SECOND READING
by Antonios Trakatellis A5-0204/2003
Traceability and labelling of GMOs

Council common position
(15798/1/2002 &emdash; C5-0131/2003 &emdash; 2001/0180(COD))

Council common position

Amendments by Parliament

Amendment 28
Recital 10a (new)

(10a) Operators should avoid the unintended presence of GMOs in other products and the Commission should gather information and develop, on this basis, guidelines on the co-existence of genetically modified, conventional and organic crops; moreover, the Commission is invited to bring forward, as soon as possible, any further necessary proposal.

Justification

The recital reflects compromise amendment 2 reached in the context of the Scheele report (A5-0202/2003)

Or. en AMENDMENT 29
tabled by Jillian Evans, on behalf of the Verts/ALE Group

RECOMMENDATION FOR SECOND READING
by Antonios Trakatellis A5-0204/2003
Traceability and labelling of GMOs

Council common position
(15798/1/2002 &emdash; C5-0131/2003 &emdash; 2001/0180(COD))

Council common position

Amendments by Parliament

Amendment 29
Article 1

This Regulation provides a framework for the traceability of products consisting of or containing genetically modified organisms (GMOs), and food and feed produced from GMOs, with the objectives of facilitating accurate labelling, monitoring the effects on the environment and, where appropriate, on health, and the implementation of the appropriate risk management measures including, if necessary, withdrawal of products.
This Regulation provides a framework for the traceability of products consisting of or containing genetically modified organisms (GMOs), and food and feed produced from GMOs, with the objectives of, in accordance with the precautionary principle, of:

- facilitating accurate labelling,
- protecting human and animal health,
- protecting the environment and ecosystems,
- 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,

A5-0204/2003
Am 29, p. 2

- giving consumers the right of free and independent choice,
- allowing Member States to take appropriate measures to avoid the unintended presence of GMOs in other products,
- enabling such products to be withdrawn immediately, rapidly and totally in the event that they should prove harmful or hazardous.

Justification

This amendment adjusts Amendment 5 adopted by the Environment Committee to the compromise reached on co-existence in the context of the Scheele report (A5-0202/2003).

Or. en

Report A5-0204/2003