(1)

On 24 April 2001, Monsanto submitted to the competent authorities of the Netherlands a request, in accordance with Article 4 of the Regulation, for placing on the market foods and food ingredients derived from genetically modified maize line NK 603 as novel foods or as novel food ingredients.

(2)

In their initial assessment report of 5 November 2002, the Netherlands’ competent food assessment body came to the conclusion that foods and food ingredients derived from maize NK 603 are as safe as foods and food ingredients derived from conventional maize and may be used in the same manner.

(3)

The Commission forwarded the initial assessment report to all Member States on 6 January 2003. Within the 60 days period laid down in Article 6(4) of the Regulation, reasoned objections to the marketing of the product were raised in accordance with that provision.

(4)

On 27 August 2003, the Commission requested an opinion from the European Food Safety Authority (EFSA), in accordance with Article 11 of the Regulation. On 25 November 2003, EFSA delivered its opinion that NK 603 maize is as safe as conventional maize and therefore the placing on the market of NK 603 maize for food or feed or processing is unlikely to have an adverse effect on human and animal health and, in that context, the environment (2). In delivering its opinion, the EFSA considered all specific questions and concerns raised by the Member States.

(5)

Article 46(1) of Regulation (EC) No 1829/2003 on genetically modified food and feed (3) provides that requests submitted under Article 4 of Regulation (EC) No 258/97 before the date of application of this Regulation shall be processed under the provisions of Regulation (EC) No 258/97, notwithstanding Article 38 of Regulation (EC) No 1829/2003, in cases where the additional assessment report required in accordance with Article 6(3) of Regulation (EC) No 258/97 has been transmitted to the Commission before the date of application of Regulation (EC) No 1829/2003.

(6)

The Joint Research Centre of the European Commission (JRC) in collaboration with the European Network of GMO Laboratories (ENGL), has validated a method for detection of the NK 603 maize. The JRC has carried out a full validation study (ring-trial) following internationally accepted guidelines to test the performance of a quantitative event-specific method to detect and quantify the NK 603 transformation event in maize. The materials needed in the study had been provided by Monsanto. The JRC has considered that the method performance was appropriate for its aimed purpose, taken into account the performance criteria proposed by the ENGL for methods submitted for regulatory compliance as well as the current scientific understanding about satisfactory method performance. Both the method and the results of the validation have been made publicly available.

(7)

Reference material for maize from genetically modified maize line NK 603 has been produced by the Joint Research Centre (JRC) of the European Commission.

(8)

Food and food ingredients from genetically modified maize line NK 603 should be labelled in accordance with the provisions of Regulation (EC) No 1829/2003 and should be subject to the traceability requirements laid down in Regulation (EC) No 1830/2003 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 (4).

(9)

In accordance with Commission Regulation (EC) No 65/2004 (5), a unique identifier has been assigned to the product for the purposes of Regulation (EC) No 1830/2003.

(10)

Information, contained in the Annex, on the identification of foods and food ingredients derived from genetically modified maize line NK 603, including the validated detection method and the reference material, should be retrievable from the Register referred to in Article 28 of Regulation (EC) No 1829/2003.

(11)

The Standing Committee on the Food Chain and Animal Health has not given an opinion; the Commission has therefore submitted a proposal to the Council on 4 February 2004 pursuant to Article 13(b) of Regulation (EC) No 258/97 and in accordance with Article 5(4) of the Council Decision 1999/468/EC (6), the Council being-required to act within three months.

(12)

However, the Council has not acted within the required time-limit; a Decision should now be adopted by the Commission.