8. 5. 90 Official Journal of the European Communities No L 117/15 3 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 (), Having regard to the opmlon of thc 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; (1) OJ No C 198, 28. 7. 1988, p. 19 and O] No C 246, 27. 9. 1989, p. 5. (2) O] No C 158, 26. 6. 1989, p. 225 and O] No C 96, 17. 4. 1990. 3) OJ No C 23, 30. 1. 1989, p. 45. 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 any person, before undertaking a-deliberate release into the environment of a GMO, or the placing on the market . of a product containing, or consisting of, GMOs, where the intended use of that product involves its deliberate release into the environment, shall submit a notification to the ~ national competent authority; Whereas that notification should contain a technical dossier of information including ‘a full environmental risk assessment, appropriate safety ‘and emergency response, and, in the case of products, precise instructions and conditions for use, and proposed labelling and packaging;