2013/649/EU: Commission Implementing Decision of 6 November 2013 authorising the placing on the market of pollen produced from maize MON 810 (MON-ØØ81Ø-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (notified under document C(2013) 4743) Text with EEA relevance

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed⁽¹⁾, and in particular Article 7(3) thereof,

Whereas:

1. On 12 March 2012, Monsanto Europe S.A submitted to the competent authority of The Netherlands an application, in accordance with Article 5 of Regulation (EC) No 1829/2003, for the placing on the market of pollen produced from maize MON 810, as or in foods and food ingredients (‘the application’).

2. On 19 December 2012, the European Food Safety Authority (‘EFSA’) gave a favourable opinion in accordance with Article 6 of Regulation (EC) No 1829/2003. It concluded that the genetic modification in maize MON 810 does not constitute an additional health risk if maize MON 810 pollen were to replace pollen from non-GM maize in or as food.

3. In its opinion, EFSA considered all the specific questions and concerns raised by the Member States in the context of the consultation of the national competent authorities.

4. Taking into account those considerations, authorisation should be granted to pollen produced from maize MON 810, as or in foods and food ingredients.

5. A unique identifier should be assigned to each genetically modified organism (hereinafter ‘GMO’) as provided for in Commission Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms⁽²⁾.

6. On the basis of the EFSA opinion, no specific labelling requirements, other than those provided for in Article 13(1) of Regulation (EC) No 1829/2003, appear to be necessary for foods and food ingredients produced from maize MON 810 pollen.

7. Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC⁽³⁾, lays down in Article 5 traceability requirements for products for foods produced from GMOs. All relevant information on the authorisation of the products should be entered in the Community register of genetically modified food and feed, as provided for in Regulation (EC) No 1829/2003.

8. The applicant has been consulted on the measures provided for in this Decision.

9. The Standing Committee on the Food Chain and Animal Health has not delivered an opinion within the time-limit laid down by its Chairman. An implementing act was deemed to be necessary and the chair submitted the draft implementing act to the appeal committee for further deliberation. The appeal committee did not deliver an opinion,

HAS ADOPTED THIS DECISION: