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News Release


Margot Wallström

No. 114/04
July 19, 2004

GMOS: EU COMMISSION AUTHORIZES IMPORT OF GM-MAIZE FOR USE IN ANIMAL FEED

The European Commission authorized 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 labeled 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 authorization 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 authorization 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 labeling 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 labeling and traceability rules which came into force in April[2]. When put on the market, it will need be clearly labeled 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 authorization covers the import and the use as animal feed, but not cultivation or food uses.

During the past 4 years, the EU has put in place a clear, transparent and stringent system to regulate genetically modified food, feed and crops. The authorization 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 authorizations are granted following appraisal of the GMOs in question on a case-by-case basis. Requests for authorizations which do not fulfill 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.

See annex for lists of approved and pending GM products.

Note to editors:

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 June 2004. At that meeting, which included Ministers from the new Member States, neither a qualified majority vote in favor 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 program 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 labeling 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 labeling 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 labeling 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 harmonized 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 theenvironment.
[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.

Press Contacts:

Anthony Gooch
202-862-9523

Maeve O'Beirne
202-862-9549



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