Brussels, 13 Sep 2004
Proposal for a
COUNCIL DECISION 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
1. In accordance with Article 13 of Directive 2001/18/EC , the Dutch authorities received a notification (Reference C/NL/98/11) concerning the placing on the market of an oilseed rape product (Brassica napus L., GT73 line), genetically modified for tolerance to the herbicide glyphosate.
2. In accordance with Article 14 of the Directive, the Dutch competent authority forwarded to the Commission its assessment report of the notification, which concluded that no reasons have emerged on the basis of which consent for the placing on the market of GT73 oilseed rape should be withheld.
3. The Commission forwarded the assessment report to all other Member States, certain ones of which raised and maintained objections to the said report in terms of molecular characterisation, allergenicity, monitoring and identification/detection of the product; whereby the Commission, in accordance with Article 18 of Directive 2001/18/EC , is required to take a decision in accordance with the procedure laid down in Article 30(2) of the Directive to which Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
5. The Committee has not delivered an opinion, which requires that, the Commission, in accordance with Article 5(4) of Decision 1999/468/EC , must, without delay, submit to the Council a proposal relating to the measures to be taken and inform the European Parliament.
6. Article 5(6) of Decision 1999/468/EC provides that the Council may, where appropriate in view of any such position, act by qualified majority within a period set at three months in accordance with Article 30(2) of Directive 2001/18/EC . If within that three-month period, the Council has indicated by qualified majority that it opposes the proposal, the Commission must re-examine it; whereas if, on expiry of that period the Council has neither adopted the proposed implementing act nor indicated its opposition, then the proposed implementing act must be adopted by the Commission.