6.3.2018   

EN

Official Journal of the European Union

C 86/108

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having regard to the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 × MIR162 × MIR604 × GA21, and genetically modified maizes combining two or three of the events Bt11, MIR162, MIR604 and GA21, and repealing Decisions 2010/426/EU, 2011/893/EU, 2011/892/EU and 2011/894/EU (D044931/01,

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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 Articles 7(3), 9(2), 19(3) and 21(2) thereof,

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having regard to Articles 11 and 13 of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (2),

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having regard to the fact that the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003 voted on 25 April 2016 not to deliver an opinion,

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having regard to the opinion delivered by the European Food Safety Authority (EFSA) on 7 December 2015 (3),

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having regard to its resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87705 × MON 89788 (MON-877Ø5-6 × MON-89788-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (4),

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having regard to its resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87708 × MON 89788 (MON-877Ø8-9 × MON-89788-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (5),

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having regard to its resolution of 3 February 2016 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean FG72 (MST-FGØ72-2) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (6),

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having regard to its resolution of 16 December 2015 on Commission Implementing Decision (EU) 2015/2279 of 4 December 2015 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize NK603 × T25 (MON-ØØ6Ø3-6 × ACS-ZMØØ3-2) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (7),

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having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety,

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having regard to Rule 106(2) and (3) of its Rules of Procedure,

A.

whereas on 9 February 2009 Syngenta France SAS submitted to the competent authority of Germany an application in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003 for the placing on the market of foods, food ingredients and feed containing, consisting of, or produced from Bt11 × MIR162 × MIR604 × GA21 maize;

B.

whereas the application also covers the placing on the market of genetically modified maize Bt11 × MIR162 × MIR604 × GA21 in products consisting of it or containing it for other uses than food and feed as any other maize, with the exception of cultivation;

C.

whereas on 5 July 2013 Syngenta extended the scope of the application to cover all sub-combinations of the single genetic modification events constituting Bt11 × MIR162 × MIR604 × GA21 maize (‘sub-combinations’), including Bt11 × GA21 maize, MIR604 × GA21 maize, Bt11 × MIR604 maize, and Bt11 × MIR604 × GA21, which are already authorised respectively by Commission Decisions 2010/426/EU (8), 2011/892/EU (9), 2011/893/EU (10) and 2011/894/EU (11);

D.

whereas, as described in the application, SYN-BTØ11-1 maize expresses the Cry1Ab protein, which confers protection against certain lepidopteran pests, and a PAT protein, which confers tolerance to glufosinate-ammonium herbicides;

E.

whereas, as described in the application, SYN-IR162-4 maize expresses the Vip3Aa20 protein, which confers protection against certain lepidopteran pests, and PMI protein, which was used as a selectable marker;

F.

whereas, as described in the application, SYN-IR6Ø4-5 maize expresses the Cry3A protein, which provides protection against certain coleopteran pests, and PMI protein, which was used as a selectable marker;

G.

whereas, as described in the application, MON-ØØØ21-9 maize expresses the Cry1Ab protein, which confers protection against certain lepidopteran pests, and the mEPSPS protein, which confers tolerance to glyphosate-based herbicides;

H.

whereas the International Agency for Research on Cancer — the specialised cancer agency of the World Health Organisation — classified glyphosate as probably carcinogenic to humans on 20 March 2015 (12);

I.

whereas the draft Commission implementing decision was voted on in the Standing Committee on 25 April 2016, with no opinion being delivered;

J.

whereas on 22 April 2015 the Commission deplored, in the explanatory memorandum of its legislative proposal amending Regulation (EC) No 1829/2003, the fact that, since the entry into force of Regulation (EC) No 1829/2003, authorisation decisions had been adopted by the Commission, in accordance with the applicable legislation, without the support of the opinions of Member State committees and that the return of the dossier to the Commission for the final decision, which was very much the exception for the procedure as a whole, had become the norm for decision-making on genetically modified (GM) food and feed authorisations;

1.

Considers that the draft Commission implementing decision exceeds the implementing powers provided for in Regulation (EC) No 1829/2003;

2.

Calls on the Commission to withdraw its draft implementing decision;

3.

Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.