2007/157/EC: Commission Decision of 7 March 2007 repealing Decision 2005/317/EC on emergency measures regarding the non-authorised genetically modified organism Bt10 in maize products (notified under document number C(2007) 674) (Text with EEA relevance )
Date: 2007-03-07
Institutions: European Commission
Subjects: EC Decision, European Commission, United States, cereal product, foodstuffs legislation, genetically modified organism, maize, originating product, plant health control, repeal

L 68/8

EN

Official Journal of the European Union

8.3.2007

COMMISSION DECISION

of 7 March 2007

repealing Decision 2005/317/EC on emergency measures regarding the non-authorised genetically
modified organism Bt10 in maize products

(notified under document number C(2007) 674)

(Text with EEA relevance)

(2007/157/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

strating that
genetically modified maize Bt10 is provided.

the products are not contaminated with

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(1) thereof,

Whereas:

(1)

(2)

to

adopt

possibility

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

satisfactorily

by means

contained

After being informed by the authorities of the United
States of America that maize products contaminated
with the unauthorised genetically modified maize called
Bt10 were
likely to have been exported to the
Community and in view of the European Food Safety
Authority statement concluding that in the absence of
sufficiently comprehensive data it was impossible to
carry out a full risk assessment of Bt10 in accordance
with the standards laid down in Regulation (EC) No
1829/2003 of
the
Council (2), the Commission adopted on 18 April 2005
Decision 2005/317/EC on emergency measures regarding
the non-authorised genetically modified organism Bt10
in maize products (3).

the European Parliament and of

(3)

Decision 2005/317/EC requires that consignments of
maize products originating from the United States of
America and likely to be contaminated (namely corn
gluten feed and brewers grains for feed use) may be
placed on the market only if an analytical report demon-

(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. Regulation as amended by Commission
Regulation (EC) No 1981/2006 (OJ L 368, 23.12.2006, p. 99).

(3) OJ L 101, 21.4.2005, p. 14.

(4)

(5)

(6)

(7)

(8)

In order to ensure proportionality and to avoid any
restriction of trade going beyond what is required to
protect human health, animal health or the environment,
Decision 2005/317/EC contains a review clause to assess
whether the emergency measures were still necessary.

The measures were reviewed twice in October 2005 and
March 2006 and, in consultation with the Member States
the Commission concluded that they should remain in
further information on exports of maize
place until
products
likely to be contaminated with Bt10 was
available.

According to the analytical data provided by Syngenta,
the company that developed the genetically modified
maize Bt10, the tests completed in the United States
and conducted in accordance with a test method
the European
validated by Joint Research Centre of
Commission
States
Department of Agriculture show that no sample has
tested positive to the presence of Bt10 since early
November 2005. The appropriateness of the detection
recently
method
confirmed by
the
European Commission.

analysed
Joint Research Centre of

been further

the United

verified

and

and

has

the

by

On the basis of the information recently provided to the
Commission by the United States authorities a series of
actions have been taken by Syngenta with the invol-
vement of the United States Department of Agriculture
to ensure that Bt10 will not be propagated in the
company's
in the
germoplasm and/or
commercial production pathway.

distributed

Since the entry into force of Decision 2005/317/EC only
one case of Bt10 entering Community territory has been
registered, on 24 May 2005. A shipment of maize
products contaminated by Bt10 left the United States
before the availability of
the
testing and was notified by the importer prior to the
arrival of
to Ireland. The placing on the
market of the contaminated products was thus prevented.

the analytical results of

the vessel

8.3.2007

EN

Official Journal of the European Union

L 68/9

(9)

Apart from this specific case, no finding of Bt10 has
been reported by Member States on the basis of the
controls carried out by national competent authorities.

(10) On the basis of this information it can be concluded that
it is no longer necessary to keep in place the compulsory
certification requirement.
It is therefore appropriate to
repeal Decision 2005/317/EC.

(11)

(12)

It is nevertheless appropriate that Member States keep
monitoring, for a further period of six months, on the
basis of a proper level of random testing, whether maize
products contaminated by Bt 10 are still present on the
market. Positive (unfavourable) results shall be rapidly
communicated through the Rapid Alert System for
food and feed in which case the Commission will
evaluate whether further action is required.

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

HAS ADOPTED THIS DECISION:

Article 1

Decision 2005/317/EC is repealed.

Article 2

For a further period of six months Member States shall ensure
an appropriate level of random testing to verify the absence of
the genetically modified maize Bt10 in the following products
originating from the United States of America:

— corn gluten feed containing or produced from genetically

modified maize within CN code 2309 90 20,

— brewers grains containing or produced from genetically

modified maize within CN code 2303 30 00.

Positive (unfavourable) results shall be rapidly communicated
through the Rapid Alert System for food and feed.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 7 March 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission