(1)

Commission Decision 2010/419/EU (2) authorised the placing on the market of food and feed containing, consisting of or produced from genetically modified maize Bt11. The scope of that authorisation also covers the placing on the market of products containing or consisting of genetically modified maize Bt11 for uses other than food and feed, with the exception of cultivation.

(2)

On 24 September 2018, Syngenta Crop Protection NV/SA, based in Belgium, on behalf of Syngenta Crop Protection AG, based in Switzerland, submitted to the Commission an application, in accordance with Article 11 and Article 23 of Regulation (EC) No 1829/2003, for the renewal of that authorisation.

(3)

On 13 January 2021, the European Food Safety Authority (‘the Authority’) issued a favourable scientific opinion (3) in accordance with Article 6 and Article 18 of Regulation (EC) No 1829/2003. It concluded that the renewal application did not contain evidence for any new hazards, modified exposure or scientific uncertainties that would change the conclusions of the original risk assessment on genetically modified maize Bt11, issued by the Authority in 2009 (4).

(4)

In its opinion, the Authority considered all the questions and concerns raised by the Member States in the context of the consultation of the national competent authorities as provided for in Article 6(4) and Article 18(4) of Regulation (EC) No 1829/2003.

(5)

The Authority also concluded that the monitoring plan for the environmental effects, submitted by the applicant, consisting of a general surveillance plan, is in line with the intended uses of the products.

(6)

Taking into account those conclusions, the authorisation for the placing on the market of food and feed containing, consisting of or produced from genetically modified maize Bt 11 and of products containing or consisting of it for uses other than food or feed, with the exception of cultivation, should be renewed.

(7)

A unique identifier has been assigned to genetically modified maize Bt11, in accordance with Commission Regulation (EC) No 65/2004 (5), in the context of its initial authorisation by Decision 2004/657/EC (6). That unique identifier should continue to be used.

(8)

For the products covered by this Decision, no specific labelling requirements, other than those provided for in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003 and in Article 4(6) of Regulation (EC) No 1830/2003 of the European Parliament and of the Council (7) appear to be necessary. However, in order to ensure that the use of products containing or consisting of genetically modified maize Bt11 remains within the limits of the authorisation granted by this Decision, the labelling of such products, with the exception of food products, should contain a clear indication that they are not intended for cultivation.

(9)

The authorisation holder should submit annual reports on the implementation and on the results of the activities set out in the monitoring plan for environmental effects. Those results should be presented in accordance with the requirements laid down in Commission Decision 2009/770/EC (8).

(10)

The opinion of the Authority does not justify the imposition of specific conditions or restrictions for the placing on the market, for the use and handling, including post-market monitoring requirements regarding the consumption of food and feed containing, consisting of or produced from genetically modified maize Bt 11, or for the protection of particular ecosystems/environment or geographical areas, as provided for in Article 6(5)(e) and Article 18(5)(e) of Regulation (EC) No 1829/2003.

(11)

All relevant information on the authorisation of the products covered by this Decision should be entered in the Community register of genetically modified food and feed referred to in Article 28(1) of Regulation (EC) No 1829/2003.

(12)

This Decision is to be notified through the Biosafety Clearing-House to the Parties to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, pursuant to Article 9(1) and Article 15(2)(c) of Regulation (EC) No 1946/2003 of the European Parliament and of the Council (9).

(13)

The Standing Committee on Plants, Animals, Food and Feed has not delivered an opinion within the time limit laid down by its Chair. This implementing act was deemed to be necessary and the chair submitted it to the appeal committee for further deliberation. The appeal committee did not deliver an opinion,

(a)

foods and food ingredients containing, consisting of or produced from genetically modified maize SYN-BTØ11-1;

(b)

feed containing, consisting of or produced from genetically modified maize SYN-BTØ11-1;

(c)

products containing or consisting of genetically modified maize SYN-BTØ11-1 for uses other than those provided for in points (a) and (b), with the exception of cultivation.