Brussels, 31 Aug 2005
Proposal for a
COUNCIL DECISION concerning the provisional prohibition in Greece of the marketing of seeds of maize hybrids with the genetic modification MON 810 inscribed in the common catalogue of varieties of agricultural plant species, pursuant to Directive 2002/53/EC
The attached draft proposal for a Council Decision concerns the provisional prohibition in Greece of the marketing of seeds of maize hybrids with the genetic modification MON 810 inscribed in the common catalogue of varieties of agricultural plant species, pursuant to Directive 2002/53/EC .
The Commission, in accordance with Article 17 of Directive 2002/53/EC , published on 17 September 2004 in the C series of the Official Journal of the European Union a list of seventeen genetically modified varieties of maize derived from the genetically modified organism MON 810 in the 13th supplement to the 22nd complete edition of the common catalogue of varieties of agricultural plant species.
On 7 April 2005, the Greek authorities notified to the Commission a Ministerial Order prohibiting for the growing seasons of 2005 and 2006 the marketing of seeds of the seventeen above-mentioned varieties and asked the Commission to authorise this national measure in accordance with Article 18 of Directive 2002/53/EC .
On the basis of the elements supplied by Greece in support of its request, it appears that none of the specific provisions of Article 18 of the said Directive are applicable in the case of the prohibition just mentioned and that an authorisation for such a prohibition may thus not be granted.
Against this background, a draft Commission Decision providing that the Hellenic Republic is not authorised to prohibit the marketing of the above mentioned seeds was submitted to the Standing Committee on Seeds and Plant Propagating Material for Agriculture, Horticulture and Forestry on 20 July 2005, for vote. 11 Member States (162 votes) voted in favour, 9 Member States (109 votes) voted against and 4 Member States (47 votes) abstained. One Member State was not represented.
The Committee delivered no opinion. Consequently, pursuant to Article 23, paragraph 3 of Council Directive 2002/53/EC and in accordance with Article 5 of Council Decision 1999/468/EC , the Commission is required to submit to the Council a proposal relating to the measures to be taken (the Council having three months in which to act by a qualified majority), and inform the Parliament.