7.11.2006 EN Official Journal of the European Union L 306/17
COMMISSION DECISION
of 6 November 2006
amending Decision 2006/601/EC on emergency measures regarding the non-authorised genetically modified organism ‘LL RICE 601’ in rice products
(notified under document number C(2006) 5266)
(Text with EEA relevance)
(2006/754/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
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 procedures in matters of food safety (1), and in particular Article 53(1) thereof,
Whereas:
(1) Article 4(2) and Article 16(2) of Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (2) provide that no genetically modified food or feed is to be placed on the Community market unless it is covered by an authorisation granted in accordance with that Regulation. Article 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 adequately and sufficiently demonstrated that it does 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 that its normal consumption would be nutritionally disadvantageous for humans or animals.
(2) Article 53 of Regulation (EC) No 178/2002 provides for the possibility to adopt appropriate Community 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 cannot be contained satisfactorily by means of measures taken by the Member States concerned.
(3) On 18 August 2006, the authorities of the United States of America informed the Commission that rice products contaminated with the genetically modified rice ‘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 from the 2005 crop.
(4) In view of the presumption of risk on products not authorised according to Regulation (EC) No 1829/2003, Commission Decision 2006/578/EC of 23 August 2006 on emergency measures regarding the non-authorised genetically modified organism ‘LL RICE 601’ in rice products (3) provisionally banned the placing on the market of the contaminated products. Those emergency measures were confirmed by Commission Decision 2006/601/EC (4) which repealed and replaced Decision 2006/578/EC and required Member States not to allow the placing on the market of certain rice products originating from the United States unless the consignment is accompanied by an original analytical report issued by an accredited laboratory attesting that the product does not contain genetically modified rice ‘LL RICE 601’.
(5) The European Food Safety Authority, requested for scientific support on the issue, issued a statement on 14 September 2006 concluding that although it can be considered that the consumption of imported long grain rice containing trace levels of ‘LL RICE 601’ is not likely to pose an imminent safety concern to humans or animals the available data are insufficient to enable a full safety assessment of the genetically modified rice ‘LL RICE 601’ in accordance with the EFSA guidance for risk assessment.
(6) Checks carried out in the Member States have shown that in addition to the rice products currently referred to in Decision 2006/601/EC other rice products may be contaminated with the genetically modified rice ‘LL RICE 601’. Such products should therefore be included in the scope of Decision 2006/601/EC.
(7) Checks carried out by Member States have also revealed the presence of genetically modified rice ‘LL RICE 601’ in some consignments despite being accompanied by an original analytical report as requested by Decision 2006/601/EC. Contacts initiated thereafter with the US authorities in order to eliminate the risk of presence of unauthorised GM rice have not been successful. In those circumstances, in order to ensure that no contaminated product is placed on the market and in order to guarantee the high level of health protection required in the Community, without imposing restrictions to trade which go beyond what it is necessary, it appears necessary, while maintaining the obligation to issue an analytical report as requested by Decision 2006/601/EC, to provisionally carry out systematic official sampling and analysis of each consignment of specific products originating from the United States before their placing on the market.
(8) Sampling methodologies play a crucial role in obtaining representative and comparable results; it is therefore appropriate to define a common protocol for sampling and analysis for the control of the absence of the genetically modified rice ‘LL RICE 601’.
(9) Since the measures provided for in this Decision have an impact on the control resources of the Member States it is appropriate to require that all costs resulting from sampling, analysis and storage and all costs resulting from official measures taken as regards non-compliant consignments are to be borne by the importers or food business operators concerned.
(10) Those measures should be reviewed within two months in order to assess whether they are still necessary, in the light of their impact and of the practical experience gained on the existing testing requirements.
(11) Decision 2006/601/EC should therefore be amended accordingly.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Decision 2006/601/EC is amended as follows:
1. Article 1 is replaced by the following:
Product CN Code
rice in the husk, parboiled Long A 1006 10 25
rice in the husk parboiled Long B 1006 10 27
rice in the husk other than parboiled Long A 1006 10 96
rice in the husk other than parboiled Long B 1006 10 98
husked (brown) rice Parboiled Long A 1006 20 15
husked (brown) rice Parboiled Long B 1006 20 17
husked (brown) rice Long A 1006 20 96
husked (brown) rice Long B 1006 20 98
semi-milled Parboiled rice Long A 1006 30 25
semi-milled Parboiled rice Long B 1006 30 27
semi-milled rice Long A 1006 30 46
semi-milled rice Long B 1006 30 48
wholly milled Parboiled rice Long A 1006 30 65
wholly milled Parboiled rice Long B 1006 30 67
wholly milled rice Long A 1006 30 96
wholly milled rice Long B 1006 30 98
broken rice (unless it is certified as not obtained from Long-grain) 1006 40 00’
2. Article 2 is replaced by the following:
3. Article 3 is replaced by the following:
4. Article 5 is replaced by the following:
5. Article 6 is replaced by the following:
This Decision is addressed to the Member States.