Commission's marketing approval for GT73 oilseed rape and measures recommended for consent holder to take in event of spillage (OJ links)

Brussels, 5 September 2005

Commission Decision of 31 August 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) 3110) (OJ L228/11 3.9.2005).
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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 of Regulation (EC) No 1829/2003 , and as specified in Commission Regulation (EC) No 641/2004 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.

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Commission Recommendation of 16 August 2005 concerning the measures to be taken by the consent holder to prevent any damage to health and the environment in the event of the accidental spillage of an oilseed rape (Brassica napus L., GT73 line - MON-00073-7) genetically modified for tolerance to the herbicide glyphosate (notified under document number C(2005) 3073) (OJ (OJ L228/19 3.9.2005).
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1. The consent holder must inform operators in the Community who handle and process bulk mixtures of imported oilseed rape grains which may contain MON-00073-7 oilseed rape that:

(a) MON-00073-7 oilseed rape has received consent for import and use, in accordance with the definition given in Article 3 of the Decision, in the Community;

(b) the establishment of a general surveillance plan for any unanticipated adverse effects arising from the placing on the market of MON-00073-7 oilseed rape for the above uses is a condition of consent.

2. The consent holder must provide operators with a national contact person for the reporting of any unanticipated adverse effects.

3. The consent holder must inform operators that the possibility of and consequences arising from accidental spillage of MON-00073-7 oilseed rape have been evaluated by the European Food Safety Authority (EFSA) in the context of its intended uses. The consent holder must maintain regular contact with operators to ensure that they are informed of any changes to current practice which may change the conclusions of the environmental risk assessment.

4. The consent holder must ensure that operators are alert to the possibility that accidental spillage of imported oilseed rape grains in ports and crushing facilities may result in the germination and establishment of volunteer plants, including MON-00073-7 oilseed rape.

5. In the event that volunteer oilseed rape plants include MON-00073-7 oilseed rape, the consent holder must:

(a) inform operators that these plants should be eradicated to minimise the potential for unanticipated adverse effects arising from the MON-00073-7 oilseed rape;

(b) provide operators with appropriate plans for eradicating volunteer oilseed rape plants that include MON-00073-7 oilseed rape.

6. Under Article 4(5) of Directive 2001/18/EC and section C.1.6 of Council Decision 2002/811/EC (1), Member States may carry out checks and/or additional monitoring with respect to accidental spillage of MON-00073-7 oilseed rape grains and identification of potential unanticipated adverse effects arising from such spillage.

(1) OJ L 280, 18.10.2002, p. .