Article 1Scope
This Decision applies to the food and feed products listed in the Annex, originating in or consigned from China.
Article 2Conditions for first placing on the market
1.Member States shall allow the first placing on the market of the products referred to in Article 1 only where an original analytical report based on the construct-specific method developed by D. Mäde et al., for detection of the genetically modified rice ‘Bt 63’, issued by an official or accredited laboratory and accompanying the consignment demonstrates that the product does not contain, consist or is not produced from the genetically modified rice ‘Bt 63’. In the case of an analytical report issued by a Chinese accredited laboratory, the analytical report shall be endorsed by the relevant competent authority(1).
2.If a consignment of products referred to in Article 1 is split, a copy of the analytical report shall accompany each part of the split consignment. In the absence of an analytical report as referred to in paragraph 1, the operator established in the Community who is responsible for the first placing on the market of the product shall have the products referred to in Article 1 tested to demonstrate that they do not contain the genetically modified rice ‘Bt 63’. Pending availability of the analytical report, the consignment shall not be placed on the Community market.
3.Where a product referred to in the Annex is not containing, consisting or produced from rice, the original analytical report may be replaced by a statement(2) from the operator responsible for the consignment indicating that the food is not containing, consisting or produced from rice.
Article 3Control measures
Member States shall take appropriate measures, including random sampling and analysis carried out using the method referred to in Article 2, concerning the products referred to in Article 1 presented for importation or already on the market in order to ensure compliance with the requirements of this Decision. They shall inform the Commission of positive (unfavourable) results through the Rapid Alert System for Food and Feed. Negative (favourable) results shall be reported to the Commission on a three-monthly basis.
Article 4Contaminated consignments
Member States shall take the necessary measures to ensure that products referred to in Article 1 that are found to contain, to consist or to be produced from the genetically modified rice ‘Bt 63’ are not placed on the market.
Article 5Recovery of costs
Member States shall ensure that the costs incurred in the implementation of Articles 2 and 4 are borne by the operators responsible for the first placing on the market.
Article 6Re-assessment of the measures
The situation shall be reassessed by 15 October 2008 at the latest.
Article 7Applicability
This Decision is applicable from 15 April 2008.
Article 8Addressees
This Decision is addressed to the Member States.
Done at Brussels, 3 April 2008.
For the Commission
Androulla Vassiliou
Member of the Commission