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Directive 2009/41/EC: Main elements
(Last revised: December 15, 2009 )

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Directive 90/219/EEC on the contained use of genetically modified micro-organisms has been substantially amended several times (Commission Directive 94/51/EC, Council Directive 98/81/EC, Council Decision 2001/204/EC, Regulation EC 1882/2003). For this reason, it has been recast within Directive 2009/41/EC in the interests of clarity.

The main elements of Directive 2009/41/EC (repealing and replacing Directive 90/219/EEC) are:

  • Classification of GMMs into 4 classes in relation of the risk they present for human health and the environment and categorisation of contained use activities into 4 classes according to purpose and scale;
  • Administrative procedures and notification requirements directly linked to the risk of the contained use activities involving GMMs (four classes of risk are foreseen);
  • Streamlined administrative procedures and reduced notification periods;
  • Possibility for exemptions (under defined criteria) from the Directive of GMMs that are recognised as safe for human health and the environment;
  • Description in general terms of the elements to be considered to perform risk assessment;
  • Tables of containment and control measures, to ensure harmonisation and adequate environmental protection;
  • Increased flexibility for amendment of the technical annexes, allowing timely adaptation to scientific and technical progress;
  • New rules of comitology for quick adaptation to technical progress: the Commission is assisted by advisory committees if it proves to be necessary to amend not-essential elements of the Directive.
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