CELEX: 52005PC0564
Language: en
Date: 2005-11-10
Title: Proposal for a Council Decision concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a maize product (Zea mays L., hybrid MON 863 x MON 810) genetically modified for resistance to corn rootworm and certain lepidopteran pests of maize

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      Brussels, 10.11.2005
                                                      COM(2005) 564 final
                                         Proposal for a
                                   COUNCIL DECISION
    concerning the placing on the market, in accordance with Directive 2001/18/EC of the
   European Parliament and of the Council, of a maize product (Zea mays L., hybrid MON
      863 x MON 810) genetically modified for resistance to corn rootworm and certain
                                 lepidopteran pests of maize
                                (presented by the Commission)
EN                                                                                       EN
 ---pagebreak---                          EXPLANATORY MEMORANDUM
   1. In accordance with Article 13 of Directive 2001/18/EC, the German authorities
      received a notification (Reference C/DE/02/9) concerning the placing on the market
      of a maize product (Zea mays L., hybrid MON 863 x MON 810), genetically
      modified for resistance to corn rootworm and certain lepidopteran pests of maize.
   2. The notification originally covered importation and use as for any other maize grains
      including feed, with the exception of food use and cultivation. In July 2005
      Monsanto Europe S.A. agreed to limit the scope of the notification to import and
      processing, given that the placing on the market of feed products containing,
      consisting of, or produced from MON 863 x MON 810 maize was covered in its
      application under Regulation (EC) No 1829/2003.
   3. In accordance with Article 14 of the Directive, the German competent authority
      forwarded to the Commission its assessment report of the notification, which
      concluded that no reasons have emerged on the basis of which consent for the
      placing on the market of the Zea mays L. hybrid MON 863 x MON 810 should be
      withheld, provided that specific conditions are fulfilled.
   4. The Commission forwarded the assessment report to all other Member States, some
      of which raised and maintained objections to the report in terms of molecular
      characterisation, allerginicity, toxicity, inadequate monitoring plan, accidental
      spillage, presence of an antibiotic resistance marker gene and detection of the
      product; whereby the Commission in accordance with Article 18 of Directive
      2001/18/EC is required to take a decision in accordance with the procedure laid
      down in Article 30(2) of the Directive to which Articles 5 and 7 of Decision
      1999/468/EC shall apply, having regard the provisions of Article 8 thereof.
   5. A draft of the measures to be taken was submitted, in accordance with Article 5(2) of
      Decision 1999/468/EC, for opinion, to the Committee set up under Article 30 of
      Directive 2001/18/EC.
   6. The Committee has not delivered an opinion, which requires that the Commission, in
      accordance with Article 5(4) of Decision 1999/468/EC, must, without delay, submit
      to the Council a proposal relating to the measures to be taken and inform the
      European Parliament (informed on 22 September 2005), which may consider
      appropriate to take a position in accordance with Article 8 of the above Decision.
   7. Article 5(6) of Decision 1999/468/EC provides that the Council may, where
      appropriate in view of any such position, act by qualified majority within a period set
      at three months in accordance with Article 30(2) of Directive 2001/18/EC. If within
      that three-month period, the Council has indicated by qualified majority that it
      opposes the proposal, the Commission shall re-examine it; whereas if, on expiry of
      that period, the Council has neither adopted the proposed implementing act nor
      indicated its opposition, then the proposed implementing act shall be adopted by the
      Commission.
EN                                           2                                                EN
 ---pagebreak---                                                 Proposal for a
                                          COUNCIL DECISION
     concerning the placing on the market, in accordance with Directive 2001/18/EC of the
   European Parliament and of the Council, of a maize product (Zea mays L., hybrid MON
       863 x MON 810) genetically modified for resistance to corn rootworm and certain
                                       lepidopteran pests of maize
                                   (Only the German text is authentic)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2001/18/EC of the European Parliament and of the Council of 12
   March 2001 on the deliberate release into the environment of genetically modified organisms
   and repealing Council Directive 90/220/EEC1, and in particular the first subparagraph of
   Article 18(1) thereof,
   Having regard to the proposal from the Commission,
   Whereas:
   (1)     Pursuant to Directive 2001/18/EC, the placing on the market of a product containing
           or consisting of a genetically modified organism or a combination of genetically
           modified organisms is subject to written consent being granted by the competent
           authority of a Member State, in accordance with the procedure laid down in that
           Directive.
   (2)     A notification concerning the placing on the market of two genetically modified maize
           products (Zea mays L., line MON 863 and hybrid MON 863 x MON 810) was
           submitted by Monsanto Europe S.A. to the competent authority of Germany
           (Reference C/DE/02/9). A unique identifier (MON-ØØ863-5xMON-ØØ81Ø-6) has
           been assigned to the MON 863 x MON 810 maize for the purposes of Regulation (EC)
           No 1830/2003 of the European Parliament and of the Council of 22 September 2003
           concerning the traceability and labelling of genetically modified organisms and the
           traceability of food and feed products produced from genetically modified organisms
           and amending Directive 2001/18/EC2 and Commission Regulation (EC) No 65/2004
           of 14 January 2004 establishing a system for the development and assignment of
           unique identifiers for genetically modified organisms3.
   1
           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).
   2
           OJ L 268, 18.10.2003, p.24.
   3
           OJ L 10, 16.01.2004, p. 5.
EN                                                       3                                                 EN
 ---pagebreak---    (3) The notification originally covers importation and use as for any other maize grains
       including feed, with the exception of food use and cultivation in the Community of
       varieties derived from the MON 863 transformation event and of the MON 863 x
       MON 810 hybrid.
   (4) In accordance with the procedure provided for in Article 14 of Directive 2001/18/EC,
       the competent authority of Germany prepared an assessment report, which was
       submitted on 7 February 2003 to the Commission and the competent authorities of the
       other Member States. That assessment report concludes that no reasons have emerged
       on the basis of which consent for the placing on the market of MON 863 as well as
       MON 863 x MON 810 should be withheld, if specific conditions are fulfilled.
   (5) The competent authorities of other Member States raised objections to the placing on
       the market of MON 863 as well as MON 863 x MON 810.
   (6) The placing on the market of MON 810 maize is authorised in accordance with
       Commission Decision of 22 April 1998 concerning the placing on the market of
       genetically modified maize (Zea mays L. line MON 810), pursuant to Council
       Directive 90/220/EEC4. The placing on the market of MON 863 is authorised in
       accordance with Commission Decision of 8 August 2005 concerning the placing on
       the market, in accordance with Directive 2001/18/EC of the European Parliament and
       of the Council, of a maize product (Zea mays L., line MON 863) genetically modified
       for resistance to corn rootworm5.
   (7) On 2 April 2004, the European Food Safety Authority considered that it is
       scientifically valid to use the data from the single lines MON 863 and MON 810 to
       support the safety assessment of MON 863 x MON 810, but decided, with regard to
       the need for confirmatory data for the safety assessment of the hybrid itself, to request
       a 90-day sub-chronic rat study with the maize hybrid in order to complete its safety
       assessment.
   (8) The opinion adopted on 8 June 2005 by the European Food Safety Authority, in
       accordance with 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 safety6, concluded, from all evidence provided, that
       MON 863 x MON 810 is unlikely to have an adverse effect on human and animal
       health or the environment in the context of its proposed use. The European Food
       Safety Authority also found that the scope of the monitoring plan provided by the
       consent holder is in line with the intended uses of MON 863 x MON 810.
   (9) On 8 July 2005, Monsanto Europe S.A. agreed to limit the scope of the present
       Decision to import and processing. An application for the placing on the market of
       food and feed containing, consisting of, or produced from MON 863 x MON 810 has
       been made by Monsanto Europe S.A. under Regulation (EC) No 1829/2003.
   4
       OJ L 131/33, 05.05.98, p. 32.
   5
       OJ L 207, 10.08.2005, p 17.
   6
       OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Regulation (EC) No1642/2003 (OJ L 245,
       29.9.2003, p. 4).
EN                                                 4                                                 EN
 ---pagebreak---    (10)   An examination of the information submitted in the notification, the objections
          maintained by Member States in the framework of Directive 2001/18/EC, and the
          opinion of the European Food Safety Authority, discloses no reason to believe that the
          placing on the market of MON 863 x MON 810 will adversely affect human or animal
          health or the environment.
   (11)   Adventitious or technically unavoidable traces of genetically modified organisms in
          products are exempted from labelling and traceability requirements in accordance with
          thresholds established under Directive 2001/18/EC and Regulation (EC) No
          1829/2003 of the European Parliament and of the Council of 22 September 2003 on
          genetically modified food and feed7.
   (12)   In the light of the opinion of the European Food Safety Authority, it is not necessary to
          establish specific conditions for the intended uses with regard to the handling or
          packaging of the product and the protection of particular ecosystems, environments or
          geographical areas.
   (13)   Prior to the placing on the market of the product, the necessary measures to ensure its
          labelling and traceability at all stages of its placing on the market, including
          verification by appropriate validated detection methodology, should be applicable.
   (14)   The Committee established under Article 30 of Directive 2001/18/EC has not
          delivered an opinion on the measures laid down in a draft Commission Decision,
          following its consultation, on 19 September 2005, in accordance with the procedure
          laid down in Article 30(2) of that Directive,
   HAS ADOPTED THIS DECISION:
                                                 Article 1
                                                 Consent
   Without prejudice to other Community legislation, in particular Regulation (EC) No 258/97
   and Regulation (EC) No 1829/2003, written consent shall be granted by the competent
   authority of Germany to the placing on the market, in accordance with this Decision, of the
   product identified in Article 2, as notified by Monsanto Europe S.A. (Reference C/DE/02/9).
   The consent shall, in accordance with Article 19(3) of Directive 2001/18/EC, explicitly
   specify the conditions to which the consent is subject, which are set out in Articles 3 and 4.
                                                 Article 2
                                                 Product
   The genetically modified organisms to be placed on the market as or in products, hereinafter
   ‘the product’, are grains of maize (Zea mays L. MON 863 x MON 810), obtained by
   conventional breeding of MON 863 and MON 810. Descriptions of the MON 810 and MON
   863 maizes are provided for in Commission Decisions 1998/294/EC and 2005/608/EC
   respectively.
   7
           OJ L 268, 18.10.2003, p.1.
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 ---pagebreak---                                                 Article 3
                                  Conditions for placing on the market
   The product may be put to the same uses as any other maize, with the exception of cultivation
   and uses as or in food and feed, and may be placed on the market subject to the following
   conditions:
   (a)      the period of validity of the consent shall be 10 years starting from the date on which
            the consent is issued;
   (b)      the unique identifier of the product shall be MON-ØØ863-5xMON-ØØ81Ø-6;
   (c)      without prejudice to Article 25 of Directive 2001/18/EC, the consent holder shall,
            whenever requested to do so, make positive and negative control samples of the
            product, or its genetic material, or reference materials available to the competent
            authorities and inspection services of Member States as well as to the Community
            control laboratories;
   (d)      without prejudice to specific labelling requirements provided by Regulation (EC) No
            1829/2003 the words ‘This product contains genetically modified maize’ or ‘This
            product contains genetically modified MON 863 x MON 810’ shall appear either on
            a label or in a document accompanying the product, except where other Community
            legislation sets a threshold below which such information is not required;
   (e)      as long as the product has not been authorised for the placing on the market for the
            purpose of cultivation, the words ‘not for cultivation’ shall appear either on a label or
            in a document accompanying the product.
                                                Article 4
                                              Monitoring
   1.       Throughout the period of validity of the consent, the consent holder shall ensure that
            the monitoring plan, contained in the notification and consisting of a general
            surveillance plan, the objective of which is to check for any adverse effects on
            human and animal health or the environment arising from handling or use of the
            product, is put in place and implemented.
   2.       The consent holder shall directly inform the operators and users concerning the
            safety and general characteristics of the product and of the conditions as to
            monitoring, including the appropriate management measures to be taken in case of
            accidental grain spillage.
   3.       The consent holder shall submit to the Commission and to the competent authorities
            of the Member States annual reports on the results of the monitoring activities.
   4.       Without prejudice to Article 20 of Directive 2001/18/EC the monitoring plan as
            notified shall, where appropriate and subject to the agreement of the Commission and
            the competent authority of the Member State which received the original notification,
            be revised by the consent holder and/or by the competent authority of the Member
            State which received the original notification, in the light of the results of the
EN                                                  6                                                 EN
 ---pagebreak---             monitoring activities. Proposals for a revised monitoring plan shall be submitted to
            the competent authorities of the Member States.
   5.       The consent holder shall be in the position to give evidence to the Commission and
            the competent authorities of the Member States:
            (a)   that the monitoring networks as specified in the monitoring plan contained in
                  the notification collect the information relevant for the monitoring of the
                  product and
            (b)   that the members of these networks have agreed to make available that
                  information to the consent holder before the date of the submission of the
                  monitoring reports to the Commission and competent authorities of the
                  Member States in accordance with paragraph 3.
                                              Article 5
                                            Applicability
   This Decision shall apply from the date on which a Community Decision authorising the
   placing on the market of the product referred to in Article 1 for uses as or in food and feed
   within the meaning of Regulation (EC) No 178/2002 and including a method, validated by the
   Community reference laboratory, for detection of the product is applicable.
                                              Article 6
                                             Addressee
   This Decision is addressed to the Federal Republic of Germany.
   Done at Brussels,
                                               For the Council
                                               The President
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