Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 33: To ask the Minister for Agriculture and Food her views on allowing regions within Ireland to establish bans on genetically modified crops, in view of the fact that Ireland supported Hungary's bid to uphold its ban on GM maize in a recent meeting of EU Environment Ministers; and if she will make a statement on the matter. [9137/07]

Trevor Sargent (Dublin North, Green Party)
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Question 260: To ask the Minister for Agriculture and Food her views on allowing regions within Ireland to establish bans on genetically modified crops, in view of the fact that Ireland supported Hungary's bid to uphold its ban on GM maize in a recent meeting of EU Environment Ministers; and if she will make a statement on the matter. [9216/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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I propose to take Questions Nos. 33 and 260 together.

The rules governing the production and use of GM crops within the Community are set down in EU legislation that has been jointly adopted by the European Parliament and the Council. This legislation is binding on all Member States and does not provide for the declaration of a GM free country or region. There are, however, options available to restrict the growing of GM crops within regions of a country. One option is the concept of voluntarily developed GM free regions, where there is a voluntary agreement among all growers in a region not to grow a GM crop or crops. A second option is to seek a derogation from the European Commission that, on the basis of sound scientific evidence, coexistence of GM crops with non GM crops is not possible in certain regions in respect of certain named crops. The cultivation of these crops can then be legitimately prohibited if the case made is accepted by the Commission.

The provision also exists for a Member State to enact the safeguard clause, that is, where a Member State has detailed grounds on the basis of scientific evidence that a GMO constitutes a risk to human health or the environment, then that Member State may provisionally restrict or prohibit the growing of that GM crop in its territory or in a region within its territory. The Commission must be then immediately informed and will decide within 60 days if the ban is scientifically based and give its decision.