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Commission Regulation (EC) No 641/2004 of 6 April 2004 on detailed rules for the implementation of Regulation (EC) No 1829/2003 of the European Parliament and of the Council as regards the application for the authorisation of new genetically modified food and feed, the notification of existing products and adventitious or technically unavoidable presence of genetically modified material which has benefited from a favourable risk evaluation (Text with EEA relevance)
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Textual Amendments
F1Word in Annex 1 point 1.A omitted (31.12.2020) by virtue of The Genetically Modified Food and Feed (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/705), regs. 1, 46(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in Annex 1 substituted (31.12.2020) by The Genetically Modified Food and Feed (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/705), regs. 1, 46(h); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F3Words in Annex 1 point 1.B substituted (31.12.2020) by The Genetically Modified Food and Feed (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/705), regs. 1, 46(b); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F4Words in Annex 1 point 1.C omitted (31.12.2020) by virtue of The Genetically Modified Food and Feed (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/705), regs. 1, 46(c); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F5Words in Annex 1 point 1.F omitted (31.12.2020) by virtue of The Genetically Modified Food and Feed (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/705), regs. 1, 46(d); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F6Words in Annex 1 point 1.G omitted (31.12.2020) by virtue of The Genetically Modified Food and Feed (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/705), regs. 1, 46(e); 2020 c. 1, Sch. 5 para. 1(1)
For a particular material this must include the methods for DNA extraction and the subsequent quantification in a polymerase chain reaction (PCR) system. In such a case, the whole process from extraction up to the PCR-technique (or equivalent) constitutes a method. The applicant shall provide information about the whole method.
Textual Amendments
F7Word in Annex 1 point 2.B substituted (31.12.2020) by The Genetically Modified Food and Feed (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/705), regs. 1, 46(f); 2020 c. 1, Sch. 5 para. 1(1)
The method shall be event-specific and thus must only be functional with the GMO or GM based product considered and shall not be functional if applied to other events already authorised; otherwise the method cannot be applied for unequivocal detection/identification/quantification. This shall be demonstrated with a selection of non-target transgenic authorised events and conventional counterparts, in the case of GM plants. This testing shall include closely related events, where relevant, and cases where the limits of the detection are truly tested. The same specificity principle must be applied for products that consist of or contain GMOs other than plants.
The method shall be applicable to samples of the food or feed, to the control samples and to the reference material, which is referred to in Articles 5(3)(j) and 17(3)(j) of Regulation (EC) No 1829/2003.
The method shall be developed taking the following documents in consideration as appropriate:
General requirements and definitions: draft European standard prEN ISO 24276:2002,
Nucleic acid extraction prEN ISO 21571:2002,
Quantitative nucleic acid based methods: draft European standard prEN ISO 21570:2002,
Protein based methods: adopted European standard EN ISO 21572:2002,
Qualitative nucleic acid based methods: draft European standard prEN ISO 21569:2002.
in the case of an application for authorisation covering a GMO, products consisting of or containing a GMO or products produced from a GMO, the event-specific quantitative detection method of the GM material;
in addition, in the case of an application for authorisation covering products produced from a GMO where the genetically modified material is detectable, the event-specific quantitative detection method in the foods or feeds produced from the GMO.
Scientific basis: An overview of the principles of how the method works, such as DNA molecular biology based (e.g. for real-time PCR) information must be provided. It is recommended to provide references to relevant scientific publications.
Scope of the method: Indication of the matrix (e.g. processed food, raw materials), the type of samples and the percentage range to which the method can be applied.
Operational characteristics of the method: The required equipment for the application of the method shall be clearly mentioned, with regard to the analysis per se and the sample preparation. Further information of any specific aspects crucial for the application of the method shall also be mentioned here.
Protocol: The applicant shall provide a complete optimised protocol of the method. The protocol shall present all the details as required to transfer and apply the method independently in other laboratories. It is recommended to use a protocol template, which can be obtained from the [F2RL]. The protocol shall include details of:
analyte to be tested,
working conditions, instructions and rules,
all the materials needed, including an estimation of their amounts and storage and handling instructions,
all the equipment needed, including not only the main equipment such as a PCR system or centrifuge but also small items such as micropipettes and reaction tubes with an indication of their appropriate sizes, etc.,
all the steps of the operative protocol, clearly described,
instructions for the data recording (e.g. the programme settings or parameters to be included).
The prediction model (or alike) needed to interpret results and to make inferences must be described in full details. Instructions for the correct application of the model should be provided.
Textual Amendments
F8Word in Annex 1 point 3.A substituted (31.12.2020) by The Genetically Modified Food and Feed (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/705), regs. 1, 46(g)(i); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Annex 1 point 3.A omitted (31.12.2020) by virtue of The Genetically Modified Food and Feed (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/705), regs. 1, 46(g)(ii); 2020 c. 1, Sch. 5 para. 1(1)
primer pairs tested (in the case of a PCR-based test): justification shall be given of how and why the proposed primer pair has been selected;
stability testing: experimental results from testing the method with different varieties shall be provided;
specificity: the applicant shall submit the full sequence of the insert(s), together with the base pairs of the host flanking sequences needed to establish an event-specific detection method. The [F2RL] shall enter these data in a molecular database. By running homology searches, the [F2RL] will thus be in a position to assess the specificity of the proposed method.
participating laboratories, time of the analysis and outline of the experimental design, including the details about the number of runs, samples, replicates etc.,
description of the laboratory samples (e.g. size, quality, date of sampling), positive and negative controls as well as reference material, plasmids and alike used,
description of the approaches that have been used to analyse the test results and outliers,
any particular points observed during the testing,
references to relevant literature or technical provisions used in the testing.
In view of implementing Articles 5(3)(j) and 17(3)(j) of Regulation (EC) No 1829/2003, the applicant shall, together with the information specified under sections 1, 2 and 3 of this Annex, also provide samples of the food and feed and their control samples of a type and amount to be specified by the [F2RL] for the specific application for authorisation.
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