2006/335/EC: Commission Decision of  8 May 2006  authorising the Republic of Poland to prohibit on its territory the use of 16 genetically modified varieties of maize with the genetic modification MON 810 listed in the Common catalogue of varieties of agricultural plant species, pursuant to Council Directive 2002/53/EC  (notified under document number C(2006) 1795)
Date: 2006-05-08
Institutions: European Commission
Subjects: Poland, genetically modified organism, maize, marketing restriction, seed

L 124/26

EN

Official Journal of the European Union

11.5.2006

COMMISSION DECISION

of 8 May 2006

authorising the Republic of Poland to prohibit on its territory the use of 16 genetically modified
varieties of maize with the genetic modification MON 810 listed in the Common catalogue of
varieties of agricultural plant species, pursuant to Council Directive 2002/53/EC

(notified under document number C(2006) 1795)

(Only the Polish text is authentic)

(2006/335/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 2002/53/EC of 13 June
2002 on the Common catalogue of varieties of agricultural
plant species (1), and in particular Article 16(2)(b) thereof,

Whereas:

(1)

(2)

(3)

in the C series of

The Commission,
in accordance with Article 17 of
Directive 2002/53/EC, published on 17 September
the
2004,
European Union a
list of 17 genetically modified
varieties of maize derived from the genetically modified
organism MON 810 in the 13th supplement to the 22nd
complete edition of the Common catalogue of varieties
of agricultural plant species (2).

the Official

Journal of

Pursuant to Article 16(1) of the said Directive, Member
States are to ensure that, with effect from the publication
referred to in Article 17, seed of varieties accepted in
accordance with that Directive or in accordance with
the principles corresponding to those of that Directive
is not subject to any marketing restrictions relating to the
variety.

Article 7(4) of the said Directive provides that genetically
modified varieties may only be accepted for inclusion in
a national catalogue after having been accepted for
marketing
accordance with Council Directive
90/220/EEC (3), now replaced by Directive 2001/18/EC
of the European Parliament and of the Council (4), which
provides for the evaluation of the risks for human health
and the environment of genetically modified organisms.

in

(1) OJ L 193, 20.7.2002, p. 1. Directive as amended by Regulation (EC)
No 1829/2003 of the European Parliament and of the Council (OJ
L 268, 18.10.2003, p. 1).
(2) OJ C 232 A, 17.9.2004, p. 1.
(3) OJ L 117, 8.5.1990, p. 15.
(4) OJ L 106, 17.4.2001, p. 1. Directive as last amended by Regulation

(EC) No 1830/2003 (OJ L 268, 18.10.2003, p. 24).

Commission Decision 98/294/EC of 22 April 1998
concerning the placing on the market of genetically
modified maize (Zea mays L.
line MON 810) decided
that
pursuant
consent should be given for the placing on the market
of that product. On 3 August 1998, the French autho-
rities effectively allowed the placing on the market of that
product.

to Council Directive 90/220/EEC (5)

On 31 March 2005, the Commission received from the
Republic of Poland a request for the prohibition, on the
basis of Article 16(2) of Directive 2002/53/EC, of the use
and placing on the market of seed material from 17
genetically modified varieties of maize line MON 810.
A modified request was sent on 24 June 2005 specifying
that it was based on Article 16(2)(b). On 9 December
2005, Poland informed the Commission that the request
does not apply to the Novelis variety mentioned in the
original request. Poland also specified that the request for
the remaining varieties is for an unlimited period of time.

the 16 varieties
From the information available for
concerned,
it is well known that they are not suitable
for cultivation in any part of Poland because of their too
high maturity class which is at least of 350 FAO index or
equivalent maturity class. The climatic and agricultural
factors concerned provide a permanent obstacle to culti-
vating these varieties in Poland.

these

circumstances,

Under
the
Republic of Poland should be granted on the basis of
Article 16(2)(b) for the 16 genetically modified varieties
of maize concerned.

application of

the

In order to allow the Commission to inform the other
Member States and update the Common catalogue of
varieties of agricultural plant species provided for in
Directive 2002/53/EC, Poland should be required to
inform the Commission when it makes use of
the
authorisation granted by this Decision.

(5)

(6)

(7)

(8)

(5) OJ L 131, 5.5.1998, p. 32.

11.5.2006

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Official Journal of the European Union

L 124/27

(9)

(10)

The Republic of Poland has made a similar request for
varieties of non-genetically modified maize. As such
requests are governed by a different procedure, this will
be the subject of a separate decision.

in this Decision are in
The measures provided for
accordance with
Standing
the
Committee on Seeds and Propagating Material for Agri-
culture, Horticulture and Forestry,

opinion

the

of

Article 2

In order to allow the Commission to inform the other Member
States, the Republic of Poland shall notify the Commission of
the date from which it makes use of the authorisation given
under Article 1.

Article 3

This Decision is addressed to the Republic of Poland.

HAS ADOPTED THIS DECISION:

Article 1

Done at Brussels, 8 May 2006.

The Republic of Poland is authorised to prohibit the use, in any
part of its territory, of the 16 genetically modified varieties of
maize listed in the 13th supplement to the 22nd complete
edition of the Common catalogue of varieties of agricultural
plant species and listed in the Annex to this Decision.

For the Commission

Markos KYPRIANOU
Member of the Commission

L 124/28

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Official Journal of the European Union

11.5.2006

ANNEX

1. Aliacan BT

2. Aristis BT

3. Bolsa

4. Campero BT

5. Cuartal BT

6. DK 513

7. DKC6550

8. DKC6575

9. Elgina

10. Gambier BT

11.

Jaral BT

12. Lévina

13. Olimpica

14. PR32P76

15. PR33P67

16. Protect