2006/578/EC: Commission Decision of 23 August 2006 on emergency measures regarding the non-authorised genetically modified organism LL RICE 601 in rice products (notified under document number C(2006) 3863)   (Text with EEA relevance)
Date: 2006-08-23
Institutions: European Commission
Subjects: United States, food inspection, food safety, genetically modified organism, market approval, rice, surveillance concerning imports

L 230/8

EN

Official Journal of the European Union

24.8.2006

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 23 August 2006

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

(notified under document number C(2006) 3863)

(Text with EEA relevance)

(2006/578/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty
Community,

establishing the European

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
food safety (1), and in particular
procedures in matters of
Article 53(2), first subparagraph, thereof,

Whereas:

informed

(the US

authorities)

On 18 August 2006, the authorities of the United States
of America
the
Commission that rice products contaminated with the
genetically modified rice called ‘LL RICE 601’
(‘the
contaminated products’), which have not been authorised
for placing on the market in the Community, had been
found in rice samples taken on the US market from
commercial
long grain rice coming from the 2005
crop. The contamination of products was reported to
the US authorities on 31 July 2006 by Bayer Crop
the company that developed the
Science, which is
genetically modified rice LL RICE 601. The US authorities
later informed the Commission that it is still not known
to what extent the supply chain has been contaminated
information on possible contamination of
and that
exports to the Community cannot be given for the
moment.
they informed the Commission
that
those products had not been authorised for
placing on the market in the United States either.

In addition,

(1)

the European Parliament and of

Articles 4(2) and Article 16(2) of Regulation (EC) No
1829/2003 of
the
Council of 22 September 2003 on genetically food and
feed (2) provide that no genetically modified food or feed
is
is be placed on the Community market unless it
covered by an authorisation granted in accordance with
that Regulation. Articles 4(3) and Article 16(3) of the
same Regulation lay down that no genetically modified
food and feed may be authorised unless it has been
it does
adequately and sufficiently demonstrated that
not have adverse effects on human health, animal
health or the environment, that it does not mislead the
consumer or the user, and that it does not differ from
the food or feed it is intended to replace to such an
extent
its normal consumption would be nutri-
tionally disadvantageous for humans or animals.

that

(1) OJ L 31, 1.2.2002, p. 1.
(2) OJ L 268, 18.10.2003, p. 1.

(3) Without prejudice to the control obligations of

the
Member States, the measures to be adopted further to
the likely imports of contaminated products should form
a comprehensive and common approach allowing rapid
and effective action to be taken and avoiding disparities
between the treatment of the situation by the various
Member States.

(4)

to

adopt

possibility

Article 53 of Regulation (EC) No 178/2002 provides for
appropriate Community
the
emergency measures for food and feed imported from
a third country in order
to protect human health,
animal health or the environment, where the risk can
not be contained satisfactorily by means of measures
taken by the Member States concerned.

24.8.2006

EN

Official Journal of the European Union

L 230/9

(5)

(6)

(7)

(8)

(9)

Since genetically modified rice LL RICE 601 is not
authorised under Community legislation and in view of
the presumption of risk on products not authorised
according to Regulation (EC) No 1829/2003, which
the precautionary principle laid
takes
down in Article 7 of Regulation (EC) No 178/2002, it
is appropriate to take emergency measures to prevent the
placing on the market
the
contaminated products.

in the Community of

into account

responsible for

that
the operators

According to the general requirements laid down in
Regulation (EC) No 178/2002, food and feed business
operators have primary legal responsibility for ensuring
that foods or feeds within the businesses under their
food law and for
control satisfy the requirements of
is,
are met.
such requirements
verifying
It
therefore,
first placing
food and feed on the market who should be under the
duty to prove that they do not contain the contaminated
products. To this end, the measures provided for by this
Decision should require that consignments of specific
products originating from the United States may be
placed on the market only if an analytical report demon-
strating that the products are not contaminated with the
genetically modified rice LL RICE 601 is provided. The
analytical
should be issued by an accredited
laboratory conforming to internationally recognised
standards.

report

In order to facilitate controls, all genetically modified
food and feed placed on the market should be subject
to a validated method of detection. Bayer Crop Science
has been requested to provide methods for detection of
genetically modified rice LL RICE 601 as well as control
samples. It has made available two methods which have
been validated by the Grain Inspection, Packers and
Stockyards Administration
the US
of
Department of Agriculture,
in collaboration with the
Community reference laboratory referred to in Article
32 of Regulation (EC) No 1829/2003 (the CRL).

(GIPSA)

The measures provided for in this Decision must be
proportionate and no more restrictive of trade than is
required and should therefore cover only products
considered likely to be contaminated with LL RICE
601, which according to the information received, are
imported from the United States to the Community.

Despite requests made by the Commission, the US autho-
rities have been unable to provide any guarantee that rice
products
imported from the United States will not
contain LL RICE 601 because of the lack of segregation
or traceability measures in the United States.

(10) With regard to feed products or other food products not
covered by the measures provided for in this Decision,
Member States should monitor whether such products
have been contaminated by LL RICE 601. On the basis
the
the information provided by Member States,
of
Commission will consider the need for any appropriate
measure.

HAS ADOPTED THIS DECISION:

Article 1

Scope

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

— husked (brown) rice Parboiled Long A within CN code

1006 20 15,

— husked (brown) rice Parboiled Long B within CN code

1006 20 17,

— husked (brown) rice Long A within CN code 1006 20 96,

— husked (brown) rice Long B within CN code 1006 20 98,

— semi-milled Parboiled Long A within CN code 1006 30 25,

— semi-milled Parboiled Long B within CN code 1006 30 27,

— semi-milled Long A within CN code 1006 30 46,

— semi-milled Long B within CN code 1006 30 48,

— wholly milled
1006 30 65,

— wholly milled
1006 30 67,

Parboiled

Long A within CN code

Parboiled

Long B within CN code

— wholly milled Long A within CN code 1006 30 96,

— wholly milled Long B within CN code 1006 30 98,

— broken rice within CN code 1006 40 00 unless it is certified

free of Long grain.

L 230/10

EN

Official Journal of the European Union

24.8.2006

Article 2

Conditions for first placing on the market

1. 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
the product does not contain genetically
demonstrates that
modified rice LL RICE 601.

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

2.
In the absence of such an analytical report, 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 avail-
ability of the analytical report, the consignment shall not be
placed on the market of the Community.

3. 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
random sampling and analysis,

shall

take appropriate measures,

including
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 rice are not placed on the
market.

Article 5

Recovery of costs

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

Article 6

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 23 August 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission