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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