Decision 2008/495 - 2008/495/EC: Commission Decision of 7 May 2008 concerning the provisional prohibition of the use and sale in Austria of genetically modified maize ( Zea mays L. line MON810) pursuant to Directive 2001/18/EC (notified under document number C(2008) 1718) - Main contents
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official title
2008/495/EC: Commission Decision of 7 May 2008 concerning the provisional prohibition of the use and sale in Austria of genetically modified maize ( Zea mays L. line MON810) pursuant to Directive 2001/18/EC of the European Parliament and of the Council (notified under document number C(2008) 1718)| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2008/495 |
| Original proposal | COM(2007)586  |
| CELEX number i | 32008D0495 |
| Document | 07-05-2008 |
|---|---|
| Publication in Official Journal | 02-07-2008; OJ L 172 p. 25-27 |
| Effect | 07-05-2008; Takes effect Date notif. |
| End of validity | 31-12-9999 |
| Notification | 07-05-2008 |
2.7.2008 |
EN |
Official Journal of the European Union |
L 172/25 |
COMMISSION DECISION
of 7 May 2008
concerning the provisional prohibition of the use and sale in Austria of genetically modified maize (Zea mays L. line MON810) pursuant to Directive 2001/18/EC of the European Parliament and of the Council
(notified under document number C(2008) 1718)
(Only the German text is authentic)
(Text with EEA relevance)
(2008/495/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
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/EEC (1), and in particular the first subparagraph of Article 18(1) thereof,
After consulting the European Food Safety Authority,
Whereas:
(1) |
By Commission Decision 98/294/EC of 22 April 1998 concerning the placing on the market of genetically modified maize (Zea mays L. line MON810), pursuant to Council Directive 90/220/EEC (2) it was decided that consent was to be given for the placing on the market of that product. |
(2) |
On 3 August 1998 the French authorities granted such consent. The consent covers all uses of the product, namely import, processing into food and feed products and cultivation. |
(3) |
Pursuant to Article 35(1) of Directive 2001/18/EC which replaced Council Directive 90/220/EEC (3), procedures in respect of notifications concerning the placing on the market of genetically modified organisms which have not been completed by 17 October 2002 are subject to Directive 2001/18/EC. |
(4) |
On 2 June 1999 Austria informed the Commission of its decision to prohibit provisionally the use and sale of Zea mays L. line MON810 for all uses and gave reasons for that decision in accordance with Article 16(1) of Directive 90/220/EEC. |
(5) |
Products derived from Zea mays L. line MON810 (food and food ingredients produced from maize flour, maize gluten, maize semolina, maize starch, maize glucose and maize oil produced from Zea mays L. line MON810) are authorised under Regulations (EC) No 258/97 (4) and (EC) No 1829/2003 of the European Parliament and of the Council (5). These uses are not subject to the safeguard clause notified by Austria. |
(6) |
The Scientific Committee on Plants concluded on 24 September 1999 that the information submitted by Austria did not constitute new relevant scientific evidence which had not been taken into account during the original evaluation of the dossier and which would occasion a review of that Committee’s original opinion on this product. |
(7) |
On 9 January 2004, as well as on 9 and 17 February 2004, Austria submitted to the Commission additional information in support of its national measures concerning maize line MON810. |
(8) |
In accordance with Article 28(1) of Directive 2001/18/EC, the Commission consulted the European Food Safety Authority (EFSA), as established by Regulation (EC) No 178/2002 of the European Parliament and of the Council (6), under which it has replaced the relevant scientific committees. |
(9) |
The EFSA concluded on 8 July 2004 (7) that the information submitted by Austria did not constitute new scientific evidence sufficient to invalidate the environmental risk assessment of maize line MON810, justifying a prohibition of the use and sale of that product in Austria. |
(10) |
Since, under the circumstances, there was no reason to consider that the product constituted a risk to human health or the environment, the Commission submitted on 29 November 2004 a draft Decision, requesting Austria to repeal its provisional safeguard measure, for consideration by the... |
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