Commission Implementing Decision (EU) 2015/692Show full title

Commission Implementing Decision (EU) 2015/692

of 24 April 2015

concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a carnation (Dianthus caryophyllus L., line 25958) genetically modified for flower colour

(notified under document C(2015) 2765)

(Only the Dutch text is authentic)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC(1), and in particular the first subparagraph of Article 18(1) thereof,

After consulting the European Food Safety Authority,

Whereas:

(1) Pursuant to Directive 2001/18/EC, the placing on the market of a product containing or consisting of a genetically modified organism or a combination of genetically modified organisms is subject to written consent being granted by the competent authority of the Member State that received the notification for the placing on the market of that product, in accordance with the procedure laid down in that Directive.

(2) A notification concerning the placing on the market of a genetically modified carnation (Dianthus caryophyllus L., line 25958) was submitted by Florigene Ltd, Melbourne, Australia, to the competent authority of the Netherlands in March 2009.

(3) The notification covers import, distribution and retailing of cut flowers of carnation Dianthus caryophyllus L., line 25958 as for any other carnation.

(4) In accordance with the procedure established by Article 14 of Directive 2001/18/EC, the competent authority of the Netherlands prepared an assessment report, which concluded that no reasons have emerged on the basis of which consent for the placing on the market of cut flowers of the genetically modified carnation (Dianthus caryophyllus L., line 25958) for ornamental use should be withheld, if specific conditions are fulfilled.

(5) In its assessment report, the competent authority of the Netherlands also concluded that the general surveillance plan submitted by the applicant is sufficient taking into account the intended uses of the product.

(6) The assessment report was submitted to the Commission and the competent authorities of the other Member States, some of which raised and maintained objections to the placing on the market of the product.

(7) The opinion of the European Food Safety Authority (EFSA), published on 12 December 2014, concluded, from all evidence provided, that there is no scientific reason to consider that the placing on the market of the genetically modified carnation (Dianthus caryophyllus L., line 25958) for ornamental use will cause any adverse effects on human health or the environment(2). EFSA also found that the scope of the monitoring plan provided by the notifier is in line with the intended use of the carnation.

(8) An examination of the full notification, additional information provided by the notifier, specific objections maintained by the Member States in the light of Directive 2001/18/EC, and the opinion of EFSA, discloses no reason to believe that the placing on the market of cut flowers of the genetically modified carnation (Dianthus caryophyllus L., line 25958) will adversely affect human health or the environment in the context of its proposed ornamental use.

(9) A unique identifier has been assigned to the genetically modified carnation (Dianthus caryophyllus L., line 25958) for the purposes of Regulation (EC) No 1830/2003 of the European Parliament and of the Council(3) and Commission Regulation (EC) No 65/2004(4).

(10) In light of the opinion of the European Food Safety Authority, it is not necessary to establish specific conditions for the intended use with regard to the handling or packaging of the product and the protection of particular ecosystems, environments or geographical areas.

(11) The proposed labelling, on a label or in an accompanying document, should include wording to inform operators and final users that the cut flowers of Dianthus caryophyllus L., line 25958 cannot be used for human or animal consumption nor for cultivation.

(12) A detection method as required by Annex III B.D.12 of Directive 2001/18/EC, was verified and tested for the Dianthus caryophyllus L., line 25958 by the European Union Reference Laboratory in December 2012.

(13) The Committee set up under Article 30(1) of Directive 2001/18/EC has not delivered an opinion within the time-limit laid down by its Chairman. An implementing act was deemed to be necessary and the chair submitted the draft implementing act to the appeal committee for further deliberation. The appeal committee did not deliver an opinion,

HAS ADOPTED THIS DECISION:

(1)

OJ L 106, 17.4.2001, p. 1.

(2)

EFSA GMO Panel (EFSA Panel on Genetically Modified Organisms), 2014. Scientific Opinion on a notification (reference C/NL/09/01) for the placing on the market of the genetically modified carnation IFD-25958-3 with a modified colour, for import of cut flowers for ornamental use, under Part C of Directive 2001/18/EC from Florigene. EFSA Journal 2014;12(12):3934, 19 pp. doi:10.2903/j.efsa.2014.3934.

(3)

Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 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 (OJ L 268, 18.10.2003, p. 24).

(4)

Commission Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms (OJ L 10, 16.1.2004, p. 5).