News section
European Commission authorises import of GM-maize NK603 for use in animal feed
Brussels, Belgium
July 19, 2004

The European Commission authorised today the placing on the market of the genetically modified maize known as NK603 for import and processing. This decision is valid for 10 years and results from an application submitted by the company Monsanto. Imports of the maize, whether in bulk shipments, bags or other containers, will have to be labelled as containing genetically modified maize. The NK603 maize is already widely used in other parts of the world with no reports of any adverse effects on health or the environment. The authorisation today, which is backed by science, covers the specific use for imports of the GM maize and processing for use in animal feed or for industrial purposes. A separate decision in terms of authorisation of the NK603 maize for use in food will be taken in the coming months.

Margot Wallström, Commissioner for the Environment, said: "The NK603 maize has been subject to a rigorous pre-market risk assessment. It has been scientifically assessed by the European Food Safety Authority as being as safe as any conventional maize. Its safety is, therefore, not in question, and neither is the question of user or consumer choice. Clear labelling provides farmers and consumers with the information they need to decide whether to buy the product or not. And robust post-marketing rules will ensure that the product can be traced and monitored when put on the market.”

The NK603 maize is the first product to be assessed and approved after the entry into force of Directive 2001/18/EC[1]. It will be covered by the new strict labelling and traceability rules which came into force in April[2]. When put on the market, it will need be clearly labelled as containing genetically modified maize. Its post-marketing monitoring will be assured through a unique identifier assigned to the maize to enable its traceability. Today’s authorisation covers the import and the use as animal feed, but not cultivation or food uses.

During the past four years, the EU has put in place a clear, transparent and stringent system to regulate genetically modified food, feed and crops. The authorisation procedure under this new system ensures that only GMOs which are safe for human and animal consumption and for release into the environment can be placed on the European market. Individual authorisations are granted following appraisal of the GMOs in question on a case by case basis. Requests for authorisations which do not fulfil all criteria have been and will continue to be rejected.

Today’s decision grants approval for the use of NK603 maize in animal feed. However, imports for this use can only commence once the equivalent approval has also been granted for food use. A separate decision under the Novel Foods Regulation is currently being considered by the Agriculture Council. A decision is expected in the coming months.

Original press release of the European Commission: click HERE

See annex for lists of approved and pending GM products.
Further information: Question and Answers on the regulation of GMOs in the EU - What are GMOs and GMMs?

BACKGROUND

In January 2001, Monsanto submitted a request, under Directive 2001/18/EC, to the competent authorities of Spain for placing genetically modified maize line NK603 on the market for import and processing for use in feed and for industrial purposes. The NK603 maize is tolerant to the herbicide glyphosate. The product involves a simple modification and does not contain an antibiotic resistance marker gene.

The Spanish competent authority came to the conclusion that NK603 maize is as safe as conventional maize. The European Food Safety Authority also appraised the application and focused on the limited number of scientific issues raised by competent authorities from the other Member States. Its opinion similarly concluded that NK603 maize was as safe as conventional maize.

The Regulatory Committee established under Directive 2001/18/EC did not give an opinion. The Commission therefore submitted a proposal to the Council on 29 March 2004. The Council was required to act within 3 months.

The proposal was considered by the Environment Council on 28 July 2004. At that meeting, which included Ministers from the new Member States, neither a qualified majority vote in favour or against approval was obtained. This deemed that the Council did not act within the requisite time limit and consequently, the Commission under the legal procedure is obliged to adopt the Decision.

The methodology used for the safety assessment of the NK603 maize was entirely that of the new regulatory framework, notably Directive 2001/18/EC. The Directive also provides for mandatory measures to be applied to the product following approval.

This includes post-market monitoring of the continued safety of the product once it has been placed on the market via use of surveillance systems. This monitoring is required throughout the period of validity of the consent. The consent holder is required to submit reports of this monitoring programme to all Member States and the Commission on an annual basis.

The product will also have to be identifiable every time that it is placed on the market allowing individuals to choose whether or not to purchase and use the product. This will be ensured via the labelling and traceability provisions of the Directive and those of Regulation 1830/2003. Under this Regulation, business operators must transmit and retain information about products that contain or are produced from GMOs at each stage of the placing on the market. Traceability provides the means to trace products containing or produced from GMOs through the production and distribution chains. The Regulation also provides for comprehensive information by its requirement for labelling of GMOs at all stages of the placing on the market. The label has to indicate "This product contains genetically modified organisms" or "This product contains genetically modified maize".

A validated detection method and appropriate reference material is available and will allow for the physical detection of the NK603 maize in products enabling labelling claims to be verified. Guidance as to sampling and testing to verify the presence of GMOs in products has also been agreed to by Member States and this will enable their inspection and control authorities to operate in a harmonised manner throughout the EU.

ANNEX 1

GMO products

Approved under directive 90/220/EEC as of March 2001

Product
Notifier
Date of
Commission Decision[3] / Member State Consent[4]
1. Vaccine against Aujeszky's disease
Vemie Veterinär Chemie GmbH
18.12.92
2. Vaccine against rabies
Rhône-Mêrieux
C/B/92/B28 & C/F/93/03-02
19.10.93
3. Tobacco tolerant to bromoxynil
SEITA
C/F/93/08-02
08.06.94
4. Vaccine against Aujeszky's disease (further uses)[5]
Vemie Veterinär Chemie GmbH
C/D/92/I-1
18.07.94
5. Male sterile swede rape resistant to glufosinate ammonium (MS1, RF1)
Uses : breeding activities
Plant Genetic Systems
C/UK/94/M1/1
06.02.96
6. Soybeans tolerant to glyphosate
Uses : import and processing
Monsanto
C/UK/94/M3/1
03.04.96
7. Male sterile chicory tolerant to glufosinate ammonium
Uses : breeding activities
Bejo-Zaden BV
C/NL/94/25
20.05.96
8. Bt-maize tolerant to glufosinate ammonium
(Bt-176)
Ciba-Geigy
C/F/94/11-03
23.01.97
9. Male sterile swede rape
tolerant to glufosinate
ammonium (MS1, RF1)[6]
Uses : import and
Processing
Plant Genetic Systems
C/F/95/05/01/A
06.06.97
(not finally approved by F)


 

Product
Notifier
Date of
Commission Decision[7] / Member State Consent[8]
10. Male sterile swede rape tolerant to glufosinate ammonium (MS1, RF2)[9]
Plant Genetic Systems
C/F/95/05/01/B
06.06.97
(not finally approved by F)
11. Test kit to detect antibiotic residues in milk
Valio Oy
C/F1/96-1NA
14.07.97
12. Carnation lines with modified flower colour
Florigene
C/NL/96/14
01.12.97
(MS consent)
13. Swede rape tolerant to glufosinate ammonium (Topas 19/2)
Uses : import and processing
AgrEvo
C/UK/95/M5/1
22.04.98
14. Maize tolerant to glufosinate ammonium (T25)
AgrEvo
C/F/95/12/07
22.04.98
15. Maize expressing the Bt cryIA(b) gene (MON 810)
Monsanto
C/F/95/12-02
22.04.98
16. Maize tolerant to glufosinate ammonium and expressing the Bt cryIA(b) gene (Bt-11)
Uses : import and processing
Novartis
(formerly Northrup King)
C/UK/96/M4/1
22.04.98
17. Carnation lines with improved vase life
Florigene
C/NL/97/12
20.10.98
(MS consent)
18. Carnation lines with modified flower colour
Florigene
C/NL/97/13
20.10.98
(MS consent)

ANNEX 2

GMO products

Notifications received by the Commission under directive 2001/18/EC
 

Product notification details
Company
Stage
1. Maize hybrid MON810 x NK603 (glyphosate-tolerant and containing Bt toxin)
Received by UK under Dir 90/220/EC. (C/GB/02/M3/03)
Received by the Commission under Dir 2001/18 : 15/01/03
Uses: import and use in feed and industrial processing, not for cultivation.
Monsanto
Consideration of assessment report and notification by Member States (60 day period)
2. Oil seed rape – herbicide resistant GT 73
Received by the Netherlands (C/NL/98/11) under Dir 90/220/EC.
Received by the Commission under Dir 2001/18 : 16/1/03

Uses: import and uses in feed and industrial processing, not for cultivation.
 
Monsanto
EFSA Opinion published. Draft Decision pending submission to Regulatory Committee.
3. Maize Roundup Ready NK603, tolerant to glyphosate herbicide
Received by Spain (C/ES/00/01) under Dir 90/220 : 21/12/2000
Received by the Commission under Dir 2001/18 : 17/01/03
Uses: import and use in feed and industrial processing, not for cultivation.
Monsanto
Draft Proposal with Council
4. Potato with altered starch composition
from Sweden (C/SE/96/3501)
Received by the Commission under Dir 90/220: 20.05.98
Favourable opinion of EU Scientific Committee 18.07.02
Received by the Commission under Dir 2001/18/EC: 24/01/03
Uses: for cultivation and production of starch, not for use as human food.
AMYLOGENE
HB
Consideration of assessment report and notification by Member States (60 day period)
5. Oilseed rape (Ms8, Rf3)
from Belgium (C/BE/96/01)
Received by the Commission: under Dir 90/220 16.01.97
Favourable opinion of EU Scientific Committee 19.05.98
Received by the Commission under Dir 2001/18: 5/02/03
Uses: import and cultivation in the EU, uses in feed and industrial processing.
Bayer CropScience
Consideration of assessment report and notification by Member States (60 day period)
6. Soybeans Glufosinate tolerant (Events A 2704-12 & A 5547-127)
from Belgium (C/BE/98/01)
Received by the Commission under Dir 2001/18: 5/02/03
Uses: import only, not for cultivation
Bayer CropScience
Application to be transformed into an application under Regulation 1829/2003 on GM Food and Feed
7. Roundup Ready sugar beet (event T9100152), glyphosate tolerant
from Belgium C/BE/99/01

Received by the Commission under Dir 2001/18: 5/02/03

Uses: for cultivation and use in animal feed, processing of sugar and other products.
Monsanto/
Syngenta
Withdrawn

 

8. Oilseed rape tolerant for glufosinate-ammonium herbicides.
(FALCON GS40/90pHoe6/Ac)
from Germany (C/DE/96/5)
Received by the Commission under Dir 90/220: 25.11.96
Opinion of EU Scientific Committee 27.07.98
Received by the Commission under Dir 2001/18: 7/02/03
Uses: for import and cultivation
Bayer CropScience
 
Application to be transformed into an application under Regulation 1829/2003 on GM Food and Feed
9. Oilseed rape tolerant for glufosinate (Liberator pHoe6/Ac)
from Germany (C/DE/98/6)
Received by the Commission under Dir 90/220: 29.10.98
Favourable opinion of EU Scientific Committee 30.11.00
Received by the Commission under Dir 2001/18: 7/02/03
Uses: for import and cultivation
Bayer CropScience
Application to be transformed into an application under Regulation 1829/2003 on GM Food and Feed
10. Roundup Ready Sugar Beet event H7-1 (tolerant to glyphosate)
from Germany C/DE/00/8

Received by the Commission under Dir 2001/18: 7/02/03

Uses: for cultivation and use in processing of sugar and other processed products.
KWS SAAT AG/Monsanto
Application to be transformed into an application under Regulation 1829/2003 on GM Food and Feed
11. Maize MON 863 X MON 810 (protection against certain insect pests)
from Germany C/DE/02/9 (6788-01-09)

Received by the Commission under Dir 2001/18: 7/02/03

Uses:, for import and use of grain and grain products, not for cultivation.
Monsanto
 
EFSA Opinion published. Draft Decision pending submission to Regulatory Committee.
12. Oilseed rape (event T45) tolerant for glufosinate-ammonium herbicide
from UK C/GB/04/M5/4 (Replacing C/GB/99/M5/2 received by the Commission on 10/2/03 and withdrawn on 26/3/04).

Received by the Commission under Dir 2001/18: 30/03/04

Uses: import and use in feed and industrial processing, not for cultivation.
Bayer CropScience
 
Application to be transformed into an application under Regulation 1829/2003 on GM Food and Feed
13. Maize herbicide and insect resistant (line 1507 -- CRY1F)

Received by the Netherlands (C/NL/00/10) under Dir 90/220/EC.
Received by the Commission under Dir 2001/18 : 12/02/03

Uses: import and processing, not for cultivation
Pioneer/
Mycogen Seeds
Submitted to EFSA for Opinion
14. Insect-protected Cotton expressing the Bt cryIA(c) gene (line 531)
from Spain (C/ES/96/02)
Received by the Commission under Dir 90/220: 24.11.97
Favourable opinion of EU Scientific Committee 14.07.98
Received by the Commission under Dir 2001/18: 12/2/03
Uses: for import, processing and cultivation
Monsanto
Application to be transformed into an application under Regulation 1829/2003 on GM Food and Feed
15. Roundup Ready Cotton tolerant to herbicide (line 1445)
from Spain (C/ES/97/01)
Received by the Commission under Dir 90/220: 24.11.97
Favourable opinion of EU Scientific Committee 14.07.98
Received by the Commission under Dir 2001/18: 12/2/03
Uses: for import, processing and cultivation
Monsanto
Application to be transformed into an application under Regulation 1829/2003 on GM Food and Feed

 

16. Maize 1507 (or Bt Cry1F 1507)
Received by Spain (C/ES/01/01) 11/7/2001 under Dir 90/220/EC.
Received by the Commission under Dir 2001/18: 13/2/03
Uses: Cultivation
Pioneer/
Mycogen Seeds
Consideration of assessment report and notification by Member States (45 day period)
17. Roundup Ready Fodder beet (line A5/15)
from Denmark (C/DK/97/01)
Received by the Commission under Dir 90/220: 09.10.97
Favourable opinion of EU Scientific Committee 23.06.98
Received by the Commission under Dir 2001/18/EC: 26/02/03

Uses: for cultivation and animal feed.
DLF-Trifolium, Monsanto and Danisco Seed
Application to be transformed into an application under Regulation 1829/2003 on GM Food and Feed
18. Maize tolerant to glufosinate ammonium and expressing the Bt cryIA(b) gene (Bt-11)
from France (C/F/96/05-10)
Received by the Commission under Dir 90/220: 12.04.99 and 03.05.99 respectively
Favourable opinion of EU Scientific Committee 30.11.00
Received by the Commission under Dir 2001/18/EC: 16.6.2003

Uses : for cultivation, feed and industrial processing
 
Syngenta Seeds SAS
Submitted to EFSA for Opinion
19. Bromoxynil-tolerant cotton lines 10215 and 10222
from Spain (C/ES/99/01)

Received by the Commission under Dir 2001/18/EC: 18.07.2003

Uses : for importation and processing to non-viable products
Stoneville Pedigreed Seed Company
Application to be transformed into an application under Regulation 1829/2003 on GM Food and Feed
20. NK603 Roundup Ready® maize
from Spain (C/ES/03/01)

Received by the Commission under Dir 2001/18/EC : 22/07/2003

Uses: Cultivation
Monsanto
Application with lead competent authority (90 day period)
21. Rice tolerant to glufosinate-ammonium, event LLRICE62
from UK (C/GB/03/M5/3)

Received by the Commission under Dir 2001/18/EC : 3/9/2003

Uses: import and use in feed and industrial processing, not for cultivation.
Bayer CropScience Ltd.
Consideration of assessment report and notification by Member States (60 day period)
22. NK603 X MON 810 maize from Spain (C/ES/04/01)

Received by the Commission under Dir 2001/18/EC : 12/1/2004

Uses: import and use in feed and industrial processing, and for cultivation.
Monsanto
Application with lead competent authority (90 day period)
23. Cotton, insect resistant (281-24-236/3006-210-23) from the Netherlands (C/NL/04/01)

Received by the Commission under Dir 2001/18/EC : 18/2/2004

Uses: import and use in feed and industrial processing, not for cultivation nor feed use
Agrigenetics Inc.
d/b/a Mycogen Seeds, c/o Dow AgroSciences
Application to be transformed into an application under Regulation 1829/2003 on GM Food and Feed
24. Cotton (LLCotton25) glufosinate tolerant from Spain (C/ES/04/02)

Received by the Commission under Dir 2001/18/EC : 26/3/2004
Uses: import and use in feed and industrial processing, not for cultivation
Bayer CropScience
Application to be transformed into an application under Regulation 1829/2003 on GM Food and Feed


ANNEX 3
 

Genetically Modified (GM) foods authorised in the European Union
 


 
EVENT
CROP
APPLICANT
TRAIT
POTENTIAL FOOD USES
DATE
LEGAL BASIS
1
GTS 40/3/2
Soybean
Monsanto
Insect protection and herbicide tolerance
Soy foods. Soy foods include soy beverages, tofu, soy oil, soy flour, lecithin.
03.04.1996
Dir. 90/220/EEC – Art. 13
2
Bt 176
Maize
Ciba-Geigy
Insect protection and herbicide tolerance
Maize foods. Maize foods include kernels, oil, maize flour, sugar, syrup.
23.01.1997
Dir. 90/220/EEC – Art. 13
3
TOPAS 19/2
Oilseed rape
AgrEvo
Herbicide tolerance

 
24.06.1997
Reg. (EC) 258/97 – Art. 5
4
MS1 / RF2
Oilseed rape
Plant Genetic Systems
Herbicide tolerance
Rapeseed oil. Products made with rapeseed oil may
24.06.1997
Reg. (EC) 258/97 – Art. 5
5
MS1 / RF1
Oilseed rape
Plant Genetic Systems
Herbicide tolerance
include fried foods, baked products and snack foods.
24.06.1997
Reg. (EC) 258/97 – Art. 5
6
GT 73
Oilseed rape
Monsanto
Herbicide tolerance

 
21.11.1997
Reg. (EC) 258/97 – Art. 5
7
MON 810
Maize
Monsanto
Insect protection

 
06.02.1998
Reg. (EC) 258/97 – Art. 5
8
T 25
Maize
AgrEvo
Herbicide tolerance
Maize derivatives. These may include maize oil, maize flour, sugar and syrup. Products made with maize
06.02.1998
Reg. (EC) 258/97 – Art. 5
9
Bt 11
Maize
Novartis
Insect protection
derivatives may include snack foods, baked foods, fried foods, confectionary and soft drinks.
06.02.1998
Reg. (EC) 258/97 – Art. 5
10
MON 809
Maize
Pioneer
Insect protection

 
23.10.1998
Reg. (EC) 258/97 – Art. 5
11
Falcon GS 40/90
Oilseed rape
Hoechst / AgrEvo
Herbicide tolerance

 
08.11.1999
Reg. (EC) 258/97 – Art. 5
12
Liberator L62
Oilseed rape
Hoechst / AgrEvo
Herbicide tolerance
Rapeseed oil. Products made with rapeseed oil may include fried foods, baked foods and snack foods.
08.11.1999
Reg. (EC) 258/97 – Art. 5
13
MS8/RF3
Oilseed rape
Plant Genetic Systems
Herbicide tolerance

 
26.04.2000
Reg. (EC) 258/97 – Art. 5
14
1445
Cotton
Monsanto
Herbicide tolerance
Cottonseed oil. Products made with cottonseed oil may
19.12.2002
Reg. (EC) 258/97 – Art. 5
15
531
Cotton
Monsanto
Insect protection
include fried foods, baked foods and snack foods.
19.12.2002
Reg. (EC) 258/97 – Art. 5
16
pRF69/pRF93
Bacillus subtilis
F. Hoffmann - La Roche
Riboflavin
Vitamin B2
23.03.2000
Reg. (EC) 258/97 – Art. 5

ANNEX 4
 

Genetically Modified (GM) foods pending authorisation in the European Union


 
EVENT
CROP
APPLICANT
TRAIT
FOOD USES
INITIAL ASSESSMENT
SCIENTIFIC OPINION
LEGAL BASIS /
Stage of procedure
1
Bt 11
Maize
Syngenta
Insect resistance
Processed sweet maize.
NL – 27/04/2000
SCF – 13.03.2002
Reg. (EC) No. 258/97 – Art. 7
Back to Commission on 4 May 2004, since no qualified majority was reached in Council
2
GA 21
Maize
Monsanto
Herbicide tolerance
Maize and maize derivatives
NL – 21/12/1999
SCF – 02.02.1999
Reg. (EC) No. 258/97 – Art. 7
Awaiting validation of detection method
3
NK 603
Maize
Monsanto
Herbicide tolerance
Maize and maize derivatives
NL – 13/08/2002
EFSA – 04.12.2003
Reg. (EC) No. 258/97 – Art. 7
Opinion by Member States on Commission proposal scheduled for the meeting of the Standing Committee on the Food Chain and Animal Health on 30 April 2004
4
MON 863
Maize
Monsanto
Insect protection
Maize and maize derivatives
DE – 08/04/2003
EFSA – Opinion adopted on 2April 2004
Reg. (EC) No. 258/97 – Art. 7
Awaiting validation of detection method
5
MON 863 x
MON 810
Maize
Monsanto
Insect protection
Maize and maize derivatives
DE – 08/04/2003
EFSA - pending
Reg. (EC) No. 1829/2003 Art. 46.1
6
1507
Maize
Pioneer
Insect protection
Maize and maize derivatives
NL – 04/11/2003
EFSA - pending
Reg. (EC) 258/97 – Art. 7
7
MaisGard/RoundupReady
Maize
Monsanto
Insect protection and herbicide tolerance
Maize and maize derivatives
NL – pending

 
Reg. (EC) No. 1829/2003 Art. 46.1
8
RoundupReady Sugar Beet
Sugar Beet
Monsanto
Herbicide tolerance
Sugar Beet derivatives
NL – pending

 
Application withdrawn on 16 April 2004
9
Liberty Link Soybean
Soybean
AgrEvo
Herbicide tolerance
Soybean derivatives
B – pending

 
Reg. (EC) No. 1829/2003 Art. 46.1

[1] Directive 2001/18/EC on the deliberate release of genetically modified organisms into the environment

[2] Regulation (EC) No 1829/2003 on GM food and feed Regulation (EC) No 1830/2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms

[3] where objections were raised by Member State authorities
[4] in the absence of objections by Member State authorities
[5] linked to item 1 (same product, further uses)
[6] linked to item 5 (same product, further uses)
[7] where objections were raised by Member State authorities
[8] in the absence of objections by Member State authorities
[9] this product is the result of a different transformation event to that of No. 9
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