Explanatory Memorandum to COM(2011)36 - Amendment of Commission Decision 2006/197/EC as regards the renewal of the authorization to place on the market existing feed produced from genetically modified maize line 1507 (DAS-Ø15Ø7-1) pursuant to Regulation 1829/2003 (Only the French, Dutch and English texts are authentic)

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The attached proposal for a Council Decision concerns the renewal of the authorization for continued marketing of existing feed produced from genetically modified maize 1507 (DAS-Ø15Ø7-1), for which a request was jointly submitted by Pioneer Overseas Corporation on behalf of Pioneer Hi-bred International and Dow AgroSciences on behalf of Mycogen Seeds, on 12 April 2007, in accordance with Article 23 of the Regulation (EC) No 1829/2003 on genetically modified food and feed.

This proposal amends Commission Decision 2006/197/EC authorizing the placing on the market of food containing, consisting of, or produced from genetically modified maize line 1507, by extending its scope to the continued marketing of existing feed materials and feed additives produced from genetically modified maize 1507.

On 11 June 2009, the European Food Safety Authority gave a favourable opinion in accordance with Article 18 of Regulation (EC) No 1829/2003. It considered that the new information provided in the application and the review of the scientific literature published since the previous scientific opinions of the EFSA GMO Panel on 1507 maize, do not require changes of the previous scientific opinions on 1507 maize. Therefore it reiterated its previous conclusions that 1507 maize is unlikely to have an adverse effect on human and animal health or the environment in the context of its proposed uses.

Against this background, a draft Commission Decision amending Commission Decision 2006/197/EC as regards the renewal of the authorization for placing on the market existing feed produced from genetically modified 1507 maize (DAS-Ø15Ø7-1) was submitted to the Standing Committee on the Food Chain and Animal Health on 15 November 2010, for vote. The Committee delivered no opinion: 13 Member States (183 votes) voted in favour, 7 Member States (73 votes) voted against, 7 Member States (89 votes) abstained.

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.