Commission decision adopted on 22 June on Netherlands authorisation of GM oilseed rape GT73, followed by "corrigendum" declaring its publication void (OJ link)

Brussels, 24 June 2005

Corrigendum to Commission Decision 2005/465/EC of 22 June 2005 concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of an oilseed rape product (Brassica napus L., GT73 line) genetically modified for tolerance to the herbicide glyphosate (Official Journal of the European Union L 164 of 24 June 2005 (L165 25.6.2005).
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The publication of Decision 2005/465/EC is hereby declared null and void.

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COMMISSION DECISION of 22 June 2005 concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of an oilseed rape product (Brassica napus L., GT73 line) genetically modified for tolerance to the herbicide glyphosate (notified under document number C(2005) 1838) (OJ L164 24.6.2005).
Full text

(2) A notification concerning the placing on the market of a genetically modified oilseed rape product (Brassica napus L., GT73 line) was submitted by Monsanto SA to the competent authority of the Netherlands. [...]

(4) In accordance with the procedure provided for in Article 14 of Directive 2001/18/EC , the competent authority of the Netherlands prepared an assessment report, which is submitted to the Commission and the competent authorities of other Member States. That assessment report concludes that no reasons have emerged on the basis of which consent for the placing on the market of GT73 oilseed rape should be withheld.

(5) The competent authorities of certain Member States raised objections to the placing on the market of the product. [...]

(7) An examination of each of the objections in the light of Directive 2001/18/EC , of the information submitted in the notification and of the opinion of the European Food Safety Authority, discloses no reason to believe that the placing on the market of Brassica napus L. line GT73 will adversely affect human or animal health or the environment. [...]

(13) Prior to the placing on the market of the product, the necessary measures to ensure its labelling and traceability at all stages of its placing on the market, including verification by appropriate validated detection methodology, should be applicable.

(14) The measures provided for in this Decision are not in accordance with the opinion of the Committee established under Article 30 of Directive 2001/18/EC and the Commission therefore submitted to the Council a proposal relating to these measures. Since on the expiry of the period laid down in Article 30(2) of Directive 2001/18/EC the Council had neither adopted the proposed measures nor indicated its opposition to them in accordance with Article 5(6) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (3) the measures should be adopted by the Commission,

[...]

Article 1 - Consent

Without prejudice to other Community legislation, in particular Regulation (EC) No 258/97 and Regulation (EC) No 1829/2003 , written consent shall be granted by the competent authority of the Netherlands to the placing on the market, in accordance with this Decision, of the product identified in Article 2, as notified by Monsanto Europe SA (Reference C/NL/98/11).

The consent shall, in accordance with Article 19(3) of Directive 2001/18/EC , explicitly specify the conditions to which the consent is subject, which are set out in Articles 3 and 4. [...]

Article 5 - Applicability

This Decision shall apply from the date on which a detection method specific to the GT73 oilseed rape is validated by the Community reference laboratory as referred to in the Annex to Regulation (EC) No 1829/2003 , and as specified in Commission Regulation (EC) No 641/2004 (1) on detailed rules for the implementation of Regulation (EC) No 1829/2003 .

Article 6 - Addressee

This Decision is addressed to the Kingdom of the Netherlands.