(1)

Commission Decision 2011/354/EU (2) authorised the placing on the market of food and feed containing, consisting of or produced from genetically modified cotton GHB614. The scope of this authorisation also covers the placing on the market of products other than food and feed containing or consisting of genetically modified cotton GHB614, for the same use as any other cotton, with the exception of cultivation.

(2)

On 22 April 2020, BASF SE, based in Germany, on behalf of BASF Agricultural Solutions Seed US LLC, based in the United States, submitted to the Commission an application, in accordance with Articles 11 and 23 of Regulation (EC) No 1829/2003, for the renewal of that authorisation.

(3)

On 7 July 2021, the European Food Safety Authority (‘the Authority’) issued a favourable scientific opinion (3) in accordance with Articles 11 and 23 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 cotton GHB614, adopted by the Authority in 2009 (4).

(4)

In its scientific 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 environmental effects, consisting of a general surveillance plan, submitted by the applicant, 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 cotton GHB614 and of products containing it or consisting of it for uses other than food and feed, with the exception of cultivation, should be renewed.

(7)

A unique identifier has been assigned to genetically modified cotton GHB614, in accordance with Commission Regulation (EC) No 65/2004 (5), in the context of its initial authorisation by Decision 2011/354/EU. 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 (6), appear to be necessary. However, in order to ensure that the use of products containing or consisting of genetically modified cotton GHB614 remains within the limits of the authorisation granted by this Decision, the labelling of such products, with the exception of food and food ingredients, 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 (7).

(10)

The opinion of the Authority does not justify the imposition of specific conditions or restrictions for the placing on the market for use and handling, including post-market monitoring requirements regarding the consumption of food and feed containing, consisting of or produced from genetically modified cotton GHB614, 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 (8).

(13)

The Standing Committee on Plants, Animals, Food and Feed has not delivered an opinion within the time 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 cotton BCS-GHØØ2-5;

(b)

feed containing, consisting of or produced from genetically modified cotton BCS-GHØØ2-5;

(c)

products containing or consisting of genetically modified cotton BCS-GHØØ2-5, for uses other than those provided for in points (a) and (b), with the exception of cultivation.