Brussels, 06/11/2013 (Agence Europe) - It will be the responsibility of the Environment Council, before which the dossier is to be brought, to take position on the request for authorisation to grow the genetically modified maize 1507 of Pionneer Hi Bred International Inc., which has been in backlog in the EU for years. Should it fail to do so, the European Commission will authorise this maize, which is resistant to insects and herbicide, to be grown in the EU. This was decided by the European Commission on Wednesday 6 November, following a lengthy debate on what to do about the ruling of the Court of Justice of the EU (Case T-164/10) which, on 26 September, ruled against the Commission for failing to forward the dossier to the Council within the timeframe laid down by Directive 2001/18/EC on the voluntary dissemination of GMOs in the environment (see EUROPE 10955). And for good measure, the Commission also decided to invite the Council to resume discussions on the proposed regulation of July 2011 aiming to modify EU legislation to give the member states the option, subject to very strict conditions, to ban or limit the growth of GM crops on their territory even if these crops are authorised in the EU (see EUROPE 10570 and 10556).
“Pionneer presented its request for authorisation in 2001. EFSA has returned favourable opinions in 2005, 2006, 2008, 2011 and twice in 2012, making six positive opinions in total. As guardian of the Treaties, the European Commission is bound to act in line with the ruling of the Court. The Commission has decided to forward the dossier to the Environment Council. In the meantime, it is relaunching the debate on the draft regulation, currently at deadlock in the Council, which would allow the member states to limit or ban the growth of GM crops on their territory for reasons other than risks to health and the environment. I hope that there will be a decision at the forthcoming Environment Council”, European Commissioner for Health Tonio Borg told the press. He said that the ruling of the EU Court, which referred to the “delaying tactics” of the Commission, shows the need to reconcile strict and predictable rules for the authorisation of GMOs with greater account being taken of specific national issues. In this regard, the Borg pointed out that the draft regulation had the full support of the European Parliament. However, in June 2012, seven delegations (France, the United Kingdom, Germany, Slovakia, Belgium, Cyprus and Slovenia) making up a blocking minority were still opposed to any compromise on the text (see EUROPE 10633).
It is by qualified majority that the Council will have to approve or reject the proposal for the authorisation of Pionneer's 1507 maize. However, if it fails to reach a decision, the European Commission will be authorised to make the decision as it is permitted to do under the old comitology rules. “In the absence of a qualified majority for or against, the legislation provides that the request for authorisation can be deemed approved”, Borg explained. This, indeed, is the view the Commission generally takes.
Hoping to be able to reassure anyone concerned, he pointed out that Pionneer will have to present a surveillance plan for crops of its GMO, a condition which was already included in the proposed authorisation submitted by the previous Commission to the experts of the member states (2001/18/EC committee).
What, then, of the concerns raised by the absence of an assessment of the risks linked to the tolerance to the herbicide ammonium glufosinate? Borg swept these away, stating that “these herbicides are no longer used as the rules on herbicides are more restrictive”.
Declining to discuss the normalisation of the process of authorisation, Borg conceded that outstanding requests for authorisations of GMOs which have received the blessing of EFSA “will follow the normal course”, but added that “there will be no hurry; we will respect the precautionary principle”. The next meeting of the Environment Council is scheduled for Friday 13 December 2013.
It was a complaint made by Pionneer Hi Bred International Inc, brought in May 2007 (Case T-139/07), which led the Court of Justice of the EU to rule against the Commission. In July 2013, frustrated at the slow pace of authorisation procedures for GMOs in the EU, the American company Monsanto announced its decision to withdraw all of its authorisation requests for such crops in the EU, with the exception of MON810 maize. (AN/transl.fl)