(19) Additional requirements for the labelling of genetically modified foods are laid down in Regulation (EC) No 258/97, in Council Regulation (EC) No 1139/98 of 26 May 1998 concerning the compulsory indication, on the labelling of certain foodstuffs produced from genetically modified organisms, of particulars other than those provided for in Directive 79/112/EEC(14) and in Commission Regulation (EC) No 50/2000 of 10 January 2000 on the labelling of foodstuffs and food ingredients containing additives and flavourings that have been genetically modified or have been produced from genetically modified organisms(15).

Additional requirements for the labelling of genetically modified foods are laid down in Regulation (EC) No 258/97, in Council Regulation (EC) No 1139/98 of 26 May 1998 concerning the compulsory indication, on the labelling of certain foodstuffs produced from genetically modified organisms, of particulars other than those provided for in Directive 79/112/EEC and in Commission Regulation (EC) No 50/2000 of 10 January 2000 on the labelling of foodstuffs and food ingredients containing additives and flavourings that have been genetically modified or have been produced from genetically modified organisms .

Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC ensures that relevant information concerning any genetic modification is available at each stage of the placing on the market of GMOs and food and feed produced therefrom and should thereby facilitate accurate labelling.

43. Notes that the growing tendency to gather genetic data highlights the problem posed by the spread of monitoring and control policies made possible by the different technologies; policies whereby genetic information is appropriated for private use cannot be considered admissible, even when they are accompanied by nominal guarantees to the effect that the rights of the persons concerned would be respected because the data would remain anonymous; it is becoming essential to lay down an institutional framework to enable access to tests to be geared to genuine health protection requirements and prevent the existing rules from being circ ...[+++]umvented via direct access to tests which bypasses the need for information based on genetic counselling;

38. Stresses, therefore, that insurance companies should in no way be entitled to request, either before or after an insurance contract has been concluded, that genetic testing be carried out or that the findings of genetic tests already conducted be passed on to them; insists further that genetic testing should not become a precondition for an insurance contract; considers that insurers may ask to be informed about the genetic data of which an insured person knows, where extremely high amounts are insured and there is any suspicion that the insured person is acting on the basis of such prior knowledge;

Article 9 of the Directive lays down that the protection conferred by a patent on a product containing or consisting of genetic information shall extend to all material, save as provided in Article 5(1), in which the product in incorporated and in which the genetic information is contained and performs its function.