Brussels, 31 Mar 2004

Proposal for a
COUNCIL DECISION
concerning the placing on the market, in accordance with Directive of the European Parliament and of the Council, of a maize product (Zea mays L. line NK603) genetically modified for glyphosate tolerance

EXPLANATORY MEMORANDUM

1. In accordance with Article 13 of Directive , the Spanish authorities received a notification (Reference C/ES/00/01) concerning the placing on the market of maize product (Zea mays L. line NK603), genetically modified for tolerance to the herbicide glyphosate.

2. In accordance with Article 14 of the Directive, the competent Spanish authority forwarded to the Commission its assessment report of the notification, which concluded that there was no scientific evidence that indicated any risk for human health or the environment in terms of the placing on the market of the product for the requested uses.

3. The Commission forwarded the assessment report to all other Member States, certain ones of which raised and maintained objections to the said report in terms of molecular characterisation, allergenicity, monitoring, labelling and detection of the product; whereby the Commission, in accordance with Article 18 of Directive , is required to take a decision in accordance with the procedure laid down in Article 30(2) of the Directive to which Articles 5 and 7 of Decision shall apply, having regard to the provisions of Article 8 thereof.

ÌÇÐÄVlog

4. A draft of the measures to be taken was submitted, in accordance with Article 5(2) of Decision , for opinion, to the Committee set up under Article 30 of Directive .

5. The Committee has not delivered an opinion, which requires that, the Commission, in accordance with Article 5(4) of Decision , must, without delay, submit to the Council a proposal relating to the measures to be taken and inform the European Parliament, which may consider appropriate to take a position in accordance with Article 8 of the above Decision.

ÌÇÐÄVlog

6. Article 5(6) of Decision provides that the Council may, where appropriate in view of any such position, act by qualified majority within a period set at three months in accordance with Article 30(2) of Directive . If within that three-month period, the Council has indicated by qualified majority that it opposes the proposal, the Commission must re-examine it; whereas if, on expiry of that period the Council has neither adopted the proposed implementing act nor indicated its opposition, then the proposed implementing act must be adopted by the Commission.

[...]

Brussels, 26.03.2004 COM(2004)193 final