Explanatory Memorandum to COM(2010)277 - Authorisation of the placing on the market of products containing, consisting of, or produced from genetically modified maize MON 88017 x MON 810 (MON-88Ø17-3 x MON-ØØ81Ø-6) pursuant to Regulation 1829/2003 (Only the French and Dutch texts are authentic)

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The attached proposal for a Council Decision concerns food and feed containing, consisting of or produced from genetically modified maize MON 88017 x MON 810, for which a request for placing on the market was submitted by Monsanto Europe S.A. to the competent authority of the Czech Republic on 29 November 2005, under Regulation (EC) No 1829/2003 on genetically modified food and feed.

The attached proposal also concerns the placing on the market of products other than food and feed containing and consisting of MON 88017 x MON 810 maize for the same uses as any other maize with the exception of cultivation.

On 21 July 2009, the European Food Safety Authority gave a favourable opinion in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003. It considered that MON 88017 x MON 810 maize is as safe as its non-genetically modified counterpart with respect to potential effects on human and animal health or the environment. Therefore it concluded that it is unlikely that the placing on the market of the products containing, consisting of, or produced from MON 88017 x MON 810 maize as described in the application will have any adverse effects on human or animal health or the environment in the context of their intended uses.

Against this background, a draft Commission Decision authorising the placing on the Union market of products containing, consisting of or produced from genetically modified MON 88017 x MON 810 maize was submitted to the Standing Committee on the Food Chain and Animal Health, on 9 February 2010, for vote. The Committee delivered no opinion: 13 Member States (183 votes) voted in favour, 10 Member States (112 votes) voted against, 3 Member States (46 votes) abstained and 1 Member State (4 votes) was not represented.

Consequently, pursuant to Article 35, paragraph 2 of Regulation (EC) No 1829/2003 and in accordance with Article 5 of Council Decision 1999/468/EC modified by Council Decision 2006/512/EC, the Commission is required to submit to the Council a proposal relating to the measures to be taken, the Council having three months in which to act by a qualified majority, and inform the Parliament.