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            COMMISSION DECISION         

of 5 September 2006         

on emergency measures regarding the non-authorised genetically modified organism ‘LL RICE 601’ in rice products

(notified under document number C(2006) 3932)

(Text with EEA relevance)

(2006/601/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(2), second subparagraph, thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Scope

This Decision applies to the following products originating from the United States of America:

Article 2

Conditions for first placing on the market

Member States shall allow the first placing on the market of the products referred to in Article 1 only where an original analytical report based on a suitable and validated method for detection of genetically modified rice ‘LL RICE 601’ and issued by an accredited laboratory accompanying the consignment demonstrates that the product does not contain genetically modified rice ‘LL RICE 601’.

If a consignment of products referred to in Article 1 is split, a certified copy of the analytical report shall accompany each part of the split consignment.

In the absence of an analytical report as referred to in paragraph 1, the operator established in the Community who is responsible for the first placing on the market of the product shall have the products referred to in Article 1 tested to demonstrate that they do not contain genetically modified rice ‘LL RICE 601’. Pending availability of the analytical report, the consignment shall not be placed on the market of the Community.

Member States shall inform the Commission of positive (unfavourable) results through the Rapid Alert System for food and feed.

Article 3

Other control measures

Member States shall take appropriate measures, including random sampling and analysis, concerning the products referred to in Article 1 already on the market in order to verify the absence of genetically modified rice ‘LL RICE 601’. They shall inform the Commission of positive (unfavourable) results through the Rapid Alert System for food and feed.

Article 4

Contaminated consignments

Member States shall take the necessary measures to ensure that the products referred to in Article 1 that are found to contain genetically modified rice ‘LL RICE 601’ are not placed on the market.

Article 5

Recovery of costs

Member States shall ensure that the costs incurred in the implementation of Articles 2 and 4 are borne by the operators responsible for the first placing on the market.

Article 6

Review of the measures

The measures provided for in this Decision shall be reviewed by 28 February 2007 at the latest.

Article 7

Repeal

Decision 2006/578/EC is repealed.

Article 8

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 5 September 2006.

For the Commission

Markos KYPRIANOU            

Member of the Commission

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(1)OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3).

(2)OJ L 268, 18.10.2003, p. 1.

(3)OJ L 230, 24.8.2006, p. 8.

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