Brussels, 10 Oct 2006
Proposal for a
concerning the provisional prohibition of the use and sale in Austria of genetically modified maize (Zea mays L. line MON 810) pursuant to Directive 2001/18/EC of the European Parliament and of the Council
(Only the German text is authentic)
1. A genetically modified variety of Zea mays L. line MON 810 was authorised for its placing on the market pursuant to Commission Decisions under Part C of Directive 90/220/EEC and the French authorities granted consent for the placing on the market of this genetically modified organisms (GMO).
2. In accordance with Article 16 (safeguard clause) of Directive 90/220/EEC , Austria subsequently informed the Commission of its decision to provisionally prohibit or restrict the placing on the market of Zea mays L. line MON 810 and provided its reasons for this decision.
3. The Scientific Committee on Plants was consulted and concluded in its opinions that the information submitted by Austria did not constitute new relevant scientific evidence that had not been taken into account during the original risk assessments for those GMOs and which would necessitate a review of its original scientific opinion concerning the safety of Zea mays L. line MON 810.
5. In January 2004, the Commission requested Austria to re-consider its safeguard clause in light of the new regulatory framework and if appropriate, to re-notify it under Directive 2001/18/EC .
6. In accordance with Article 23 of Directive 2001/18/EC , Austria submitted to the Commission further additional information in support of its existing safeguard clause measure.
7. Article 23 of Directive 2001/18/EC requires the Commission to take decisions in accordance with the procedures 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.
8. In accordance with Article 28(1) of Directive 2001/18/EC , the European Food Safety Authority (EFSA) was consulted, as established by Regulation (EC) No 178/2002 of the European Parliament and of the Council2, under which it has replaced the relevant scientific committees and concluded, in its opinion of 8 July 20043, that the information submitted by Austria did not constitute new scientific evidence which would invalidate the environmental risk assessment of Zea mays L. line MON 810 and would justify a prohibition of this GMO in Austria.