Trevor Sargent (Dublin North, Green Party)
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Question 71: To ask the Minister for Agriculture and Food if bans on genetically modified crops must be provided for under EU law if they are to be put into effect on a regional or national basis; if she will support such bans as have been adopted by local public representatives; and if she will make a statement on the matter. [9136/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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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 arbitrary placing of bans on the cultivation of authorised GM crops on a regional or national basis. 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, i.e 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.

I will support any application that is made in accordance with the above legislative position.