WRITTEN QUESTION No. 2405/96 by Hiltrud BREYER to the Commission. Decision 94/730/EC establishing simplified procedures concerning the deliberate release into the environment of genetically modified plants - transposition in the Member States (SUPPLEMENTARY ANSWER)
25. 2. 98 EN Official Journal of the European Communities C 60/5 (98/C 60/11) WRITTEN QUESTION E-2403/96 by Hiltrud Breyer (V) to the Commission (6 September 1996) Subject: Decision 94/730/EC establishing simplified procedures concerning the deliberate release into the environment of genetically modified plants › the Commissionís powers 1. What powers did the Council transfer to the Commission by virtue of the first sentence of Article 6(5) of Directive 90/220/EEC (1)? 2. When and how were these powers transferred? 3. What opportunities are there for Parliament and the Council to monitor the establishment of the criteria? 4. What procedures has the Council laid down for the exercise of these powers? 5. On what principles and rules are these procedures based? 6. Were these principles and rules established unanimously by the Council? 7. What was Parliamentís opinion of these principles and rules? (1) OJ L 117, 8. 5. 1990, p. 15. (98/C 60/12) WRITTEN QUESTION E-2405/96 by Hiltrud Breyer (V) to the Commission (6 September 1996) Subject: Decision 94/730/EC establishing simplified procedures concerning the deliberate release into the environment of genetically modified plants › transposition in the Member States Can Decision 94/730/EC (1) be applied even in the Member States which have not or only inadequately 1. transposed Directive 90/220/EEC (2) and the Member States against which proceedings are being brought for failure to transpose the legislation adequately? 1. (a) to be valid? If so, how can the articles and obligations deriving from Directive 90/220/EEC which are not used cease 1. (b) If so, how is the application of conditional articles ensured? (1) OJ L 292, 12. 11. 1994, p. 31. (2) OJ L 117, 8. 5. 1990, p. 15. Supplementary joint answer to Written Questions E-2394/96, E-2395/96, E-2396/96, E-2397/96, E-2398/96, E-2399/96, E-2400/96, E-2401/96, E-2402/96, E-2403/96 and E-2405/96 given by Mrs Bjerregaard on behalf of the Commission (4 July 1997) Further to its reply given on the 14 October 1996, the Commission is now in the position to provide the following information. Written questions 2394/96 to 2397/96, 2402/96 to 2403/96 and 2405/96: According to Article 6 (5) of Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms (1), the Commission establishes appropriate criteria and takes a decision on each application with regard to simplified procedures. The Commission decides in accordance with the procedures laid down in Article 21 of Directive 90/220/EEC which include the involvement of the Member States. The Parliament is involved in line with the code of conduct of the Commission with the Parliament. The procedures laid down in Article 21 of the Directive correspond to those identified in Council Decision 87/373/EEC (2), the so called comitology decision