Directive 1990/220 - Deliberate release into the environment of genetically modified organisms

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1.

Current status

This directive was in effect from May  2, 1990 until October 17, 2002 and should have been implemented in national regulation on October 22, 1991 at the latest.

2.

Key information

official title

Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms
 
Legal instrument Directive
Number legal act Directive 1990/220
Original proposal COM(1988)160
CELEX number i 31990L0220

3.

Key dates

Document 23-04-1990
Publication in Official Journal 08-05-1990; Special edition in Swedish: Chapter 15 Volume 009,OJ L 117, 8.5.1990,Special edition in Finnish: Chapter 15 Volume 009
Effect 02-05-1990; Entry into force Date notif.
End of validity 17-10-2002; Repealed by 32001L0018
Transposition 22-10-1991; See Art 23
Notification 02-05-1990

4.

Legislative text

Avis juridique important

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5.

31990L0220

Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms

Official Journal L 117 , 08/05/1990 P. 0015 - 0027

Finnish special edition: Chapter 15 Volume 9 P. 0212

Swedish special edition: Chapter 15 Volume 9 P. 0212

COUNCIL DIRECTIVE of 23 April 1990 on the deliberate release into the environment of genetically modified organisms (90/220/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission (1),

In cooperation with the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas, under the Treaty, action by the Community relating to the environment should be based on the principle that preventive action should be taken;

Whereas living organisms, whether released into the environment in large or small amounts for experimental purposes or as commercial products, may reproduce in the environment and cross national frontiers thereby affecting other Member States; whereas the effects of such releases on the environment may be irreversible;

Whereas the protection of human health and the environment requires that due attention be given to controlling risks from the deliberate release of genetically modified organisms (GMOs) into the environment;

Whereas disparity between the rules which are in effect or in preparation in the Member States concerning the deliberate release into the environment of GMOs may create unequal conditions of competition or barriers to trade in products containing such organisms, thus affecting the functioning of the common market; whereas it is therefore necessary to approximate the laws of the Member States in this respect;

Whereas measures for the approximation of the provisions of the Member States which have as their object the establishment and functioning of the internal market should, inasmuch as they concern health, safety, environmental and consumer protection, be based on a high level of protection throughout the Community;

Whereas it is necessary to ensure the safe development of industrial products utilizing GMOs;

OJ No C 246, 27. 9. 1989, p. 5.

OJ No C 96, 17. 4. 1990.

Whereas this Directive should not apply to organisms obtained through certain techniques of genetic modification which have conventionally been used in a number of applications and have a long safety record;

Whereas it is necessary to establish harmonized procedures and criteria for the case-by-case evaluation of the potential risks arising from the deliberate release of GMOs into the environment;

Whereas a case-by-case environmental risk assessment should always be carried out prior to a release;

Whereas the deliberate release of GMOs at the research stage is in most cases a necessary step in the development of new products derived from, or containing, GMOs;

Whereas the introduction of GMOs into the environment should be carried out according to the 'step by step' principle; whereas this means that the containment of GMOs is reduced and the scale of release increased gradually, step by step, but only if evaluation of the earlier steps in terms of protection of human health and the environment indicates that the next step can be taken;

Whereas no product containing, or consisting of, GMOs and intended for deliberate release shall be considered for placing on the market without it first having been subjected to satisfactory field testing at the research and development stage in ecosystems which could be affected by its use;

Whereas it is necessary to establish a Community authorization procedure for the placing on the market of products containing, or consisting of, GMOs where the intended use of the product involves the deliberate release of the organism(s) into the environment;

Whereas...


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This text has been adopted from EUR-Lex.

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Original proposal

 

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