Commission Implementing Decision (EU) 2023/2143 of 13 October 2023 renewing the authorisation for placing on the market of products containing, consisting of or produced from genetically modified maize MIR162 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council and amending Commission Implementing Decisions (EU) 2016/1685, (EU) 2019/1305 and (EU) 2019/2087 as regards the reference material (notified under document C(2023) 6736)

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 9(2), Article 11(3), Article 21(2) and Article 23(3) thereof,

Whereas:

1. Commission Implementing Decision 2012/651/EU⁽²⁾ authorised the placing on the market of food and feed containing, consisting of or produced from genetically modified maize MIR162. The scope of that authorisation also covered the placing on the market of products other than food and feed containing or consisting of genetically modified maize MIR162, for the same uses as any other maize, with the exception of cultivation.

2. On 12 February 2021, Syngenta Crop Protection NV/SA, based in Belgium, submitted, on behalf of Syngenta Crop Protection AG, based in Switzerland, an application to the Commission, in accordance with Articles 11 and 23 of Regulation (EC) No 1829/2003, for renewal of the authorisation.

3. On 22 September 2022, the European Food Safety Authority (‘the Authority’) issued a favourable scientific opinion⁽³⁾. It concluded that the renewal application did not contain evidence for any new hazards, modified exposure or scientific uncertainties that would change the conclusions of the original risk assessment on genetically modified maize MIR162, adopted by the Authority in 2012⁽⁴⁾.

4. In its scientific opinion, the Authority considered all the questions and concerns raised by the Member States in the context of the consultation of the national competent authorities as provided for in Article 6(4) and Article 18(4) of Regulation (EC) No 1829/2003.

5. The Authority also concluded that the monitoring plan for the environmental effects, consisting of general surveillance plan, submitted by the applicant, is in line with the intended uses of the products.

6. On 17 April 2023, the Authority issued a statement complementing its scientific opinion⁽⁵⁾, taking into account additional information provided by the public. The Authority did not identify any implication of the additional information on the safety of genetically modified maize MIR162 for food and feed or for the environment and confirmed that the conclusions of its scientific opinion remain valid.

7. Taking into account those conclusions, the authorisation for the placing on the market of food and feed containing, consisting of or produced from genetically modified maize MIR162 and of products containing it or consisting of it for uses other than food and feed, with the exception of cultivation, should be renewed.

8. A unique identifier has been assigned to genetically modified maize MIR162, in accordance with Commission Regulation (EC) No 65/2004⁽⁶⁾, in the context of its initial authorisation by Implementing Decision 2012/651/EU. That unique identifier should continue to be used.

9. For the products covered by this Decision, no specific labelling requirements, other than those provided for in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003 and in Article 4(6) of Regulation (EC) No 1830/2003 of the European Parliament and of the Council⁽⁷⁾, appear to be necessary. However, in order to ensure that the use of products containing or consisting of genetically modified maize MIR162 remains within the limits of the authorisation granted by this Decision, the labelling of such products, with the exception of food and food ingredients, should contain a clear indication that they are not intended for cultivation.

10. The authorisation holder should submit annual reports on the implementation and on the results of the activities set out in the monitoring plan for environmental effects. Those results should be presented in accordance with the requirements laid down in Commission Decision 2009/770/EC⁽⁸⁾.

11. The opinion of the Authority does not justify the imposition of specific conditions or restrictions for the placing on the market for use and handling, including post-market monitoring requirements regarding the consumption of food and feed containing, consisting of or produced from genetically modified maize MIR162, or for the protection of particular ecosystems/environment and/or geographical areas, as provided for in Article 6(5), point (e), and Article 18(5), point (e) of Regulation (EC) No 1829/2003.

12. On 26 October 2022, Syngenta Crop Protection NV/SA, on behalf of Syngenta Crop Protection AG, informed the Commission about a change of the provider of the reference material of genetically modified maize MIR162. Therefore, Commission Implementing Decisions (EU) 2016/1685⁽⁹⁾, (EU) 2019/1305⁽¹⁰⁾ and (EU) 2019/2087⁽¹¹⁾ should be amended in order to update the indications as regards website links for accession to the respective certified reference materials for the of genetically modified maize MIR162.

13. All relevant information on the authorisation of the products covered by this Decision should be entered in the Community register of genetically modified food and feed referred to in Article 28(1) of Regulation (EC) No 1829/2003.

14. This Decision is to be notified through the Biosafety Clearing-House to the Parties to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, pursuant to Article 9(1) and Article 15(2), point (c) of Regulation (EC) No 1946/2003 of the European Parliament and of the Council⁽¹²⁾.

15. The Standing Committee on Plants, Animals, Food and Feed has not delivered an opinion within the time limit laid down by its Chairman. This implementing act was deemed to be necessary and the chair submitted it to the appeal committee for further deliberation. The appeal committee did not deliver an opinion,

HAS ADOPTED THIS DECISION: