2007/308/EC: Commission Decision of 25 April 2007 on the withdrawal from the market of products derived from GA21xMON810 (MON-ØØØ21-9xMON-ØØ81Ø-6) maize (notified under document number C(2007) 1810)
Date: 2007-04-25
Institutions: European Commission
Subjects: genetically modified organism, maize, withdrawal from the market

5.5.2007

EN

Official Journal of the European Union

L 117/25

COMMISSION DECISION

of 25 April 2007

on the withdrawal from the market of products derived from GA21xMON810
(MON-ØØØ21-9xMON-ØØ81Ø-6) maize

(notified under document number C(2007) 1810)

(Only the French and Dutch texts are authentic)

(2007/308/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 1829/2003 of
the
European Parliament and the Council of 22 September 2003
on genetically modified food and feed (1), and in particular
Article 8(6) and 20(6) thereof,

Whereas:

(1)

(2)

(3)

Products derived from GA21xMON810 (MON-ØØØ21-
9xMON-ØØ81Ø-6) maize have been notified as existing
products by Monsanto Europe S.A (hereafter the notifier)
under Article 8(1)(b) and Article 20(1)(b) of Regulation
the Regulation) and
(EC) No 1829/2003 (hereafter
entered in the Community Register of genetically
modified food and feed. The scope of the notification
covered food additives, feed materials and feed additives
produced from MON-ØØØ21-9xMON-ØØ81Ø-6 maize.

No consent for placing on the market of seeds from
been
MON-ØØØ21-9xMON-ØØ81Ø-6 maize
granted in the Community. The notifier of MON-
ØØØ21-9xMON-ØØ81Ø-6 maize,
in a letter to the
Commission dated 1 March 2007, indicated that 2005
was the last year of approved commercial sales of seeds
of MON-ØØØ21-9xMON-ØØ81Ø-6 maize on a global
basis.

has

The notifier has further indicated to the Commission that
it has no intention to submit an application for renewal
of
the authorisation of products derived from MON-
ØØØ21-9xMON-ØØ81Ø-6 maize under the Regulation
in accordance with the second sub-paragraph of Article
8(4), Article 11,
the second sub-paragraph of Article
20(4), and Article 23 respectively. Therefore products

(1) 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).

(4)

(5)

(6)

(7)

(8)

(9)

derived from MON-ØØØ21-9xMON-ØØ81Ø-6 maize
cannot be placed on the market
in the Community
after 18 April 2007.

Measures to ensure effective withdrawal from the market
of seeds of MON-ØØØ21-9xMON-ØØ81Ø-6 maize are
not necessary since these seeds could never be legally
placed on the market
in the Community. Since the
notifier has stopped selling seeds of MON-ØØØ21-
9xMON-ØØ81Ø-6 maize
the 2005 planting
season, stocks of products derived from MON-ØØØ21-
9xMON-ØØ81Ø-6 maize have been used up and are not
expected to be present on the market after 18 April
2007. However, minute
traces of MON-ØØØ21-
9xMON-ØØ81Ø-6 maize might remain present in food
or feed products for a certain period of time.

after

For reasons of legal certainty, it is therefore necessary to
provide for a transitional period of time within which
food and feed products may contain such material
without being considered to be in breach of Article
4(2) or Article 16(2) of
the Regulation where this
presence is adventitious or technically unavoidable.

The tolerated level and the period of time should be set
taking into account the time needed until the non-avail-
ability of the seeds produces its effects throughout the
food and feed chain. In all cases, the tolerated level shall
remain below the labelling and traceability threshold of
no higher than 0,9 % provided for by the Regulation for
the adventitious or technically unavoidable presence of
GM material in food and feed.

The entries in the Community Register of genetically
modified food and feed, as provided for in Article 28
of
regarding MON-ØØØ21-9xMON-
ØØ81Ø-6 maize should be modified in order to take
account of this Decision.

the Regulation,

The notifier has been consulted on the measures
provided for in this Decision.

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

in this Decision are in
Standing
the

opinion

the

of

L 117/26

EN

Official Journal of the European Union

5.5.2007

HAS ADOPTED THIS DECISION:

Article

The presence of material produced from MON-ØØØ21-
9xMON-ØØ81Ø-6 maize in food or feed products notified
under Article 8(1)(b) and Article 20(1)(b) of the Regulation
shall be tolerated until five years after the date of notification
of this Decision:

(a) provided that this presence is adventitious or technically

unavoidable; and

(b) in a proportion no higher than 0,9 %.

Article 2

The entries in the Community Register of genetically modified
food and feed, as provided for in Article 28 of the Regulation,

regarding MON-ØØØ21-9xMON-ØØ81Ø-6 maize shall be
modified in order to take account of this Decision.

Article 3

This Decision is addressed to Monsanto Europe S.A., Schel-
delaan 460, Haven 627, B–2040 Antwerp,
representing
Monsanto Company, United States of America.

Done at Brussels, 25 April 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission