Explanatory Memorandum to COM(2011)28 - Authorisation of the placing on the market of products containing, consisting of, or produced from genetically modified maize MON 89034 × MON 88017 (MON-89Ø34-3xMON-88Ø17-3) pursuant to Regulation 1829/2003

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The attached proposal for a Council Decision concerns food and feed containing, consisting of or produced from genetically modified maize MON 89034 × MON 88017 (MON-89Ø34-3xMON-88Ø17-3), for which a request for placing on the market was submitted by Monsanto Europe S.A. to the competent authority of the Netherlands on 6 February 2007, under Regulation (EC) No 1829/2003 on genetically modified food and feed.

The attached proposal also concerns the placing on the market of products other than food and feed containing and consisting of MON 89034 × MON 88017 maize for the same uses as any other maize with the exception of cultivation.

On 30 March 2010, the European Food Safety Authority gave a favourable opinion in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003. It considered that MON 89034 × MON 88017 maize is as safe as its non-genetically modified counterpart with respect to potential effects on human and animal health or environment. Therefore it concluded that it is unlikely that the placing on the market of the products containing, consisting of, or produced from MON 89034 × MON 88017 maize as described in the application will have any adverse effects on human or animal health or the environment in the context of their intended uses.

Against this background, a draft Commission Decision authorising the placing on the Union market of products containing, consisting of or produced from genetically modified MON 89034 × MON 88017 was submitted to the Standing Committee on the Food Chain and Animal Health on 15 November 2010, for vote. The Committee delivered no opinion: 12 Member States (154 votes) voted in favour, 10 Member States (138 votes) voted against, 5 Member States (53 votes) abstained.

Consequently, pursuant to Article 35, paragraph 2 of Regulation (EC) No 1829/2003 and in accordance with Article 5 of Council Decision 1999/468/EC modified by Council Decision 2006/512/EC, the Commission is required to submit to the Council a proposal relating to the measures to be taken, the Council having three months in which to act by a qualified majority, and inform the Parliament.