19.1.2008 Official Journal of the European Union L 16/17 I (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 12 October 2007 relating to Articles 111 and 172 of the Polish Draft Act on Genetically Modified Organisms, notified by the Republic of Poland pursuant to Article 95(5) of the EC Treaty as derogations from the provisions of Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms (notified under document number C(2007) 4697) (Only the Polish text is authentic) (Text with EEA relevance) (2008/62/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 95(5) and (6) thereof, Whereas: 1. PROCEDURE Article 95(5) and (6) of the Treaty provides: ‘5. (...) If, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to introduce national provisions based on new scientific evidence relating to the protection of the environment or the working envi- ronment on grounds of a problem specific to that Member State arising after the adoption of the harmoni- sation measure, it shall notify the Commission of the envisaged provisions as well as the grounds for intro- ducing them. 6. The Commission shall, within six months of the notifications as referred to in paragraphs (...) 5, approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market.’ (20 In a letter dated 13 April 2007, the Polish Permanent Representation to the European Union notified the Commission, in accordance with Article 95(5) of the EC Treaty, of Articles 111 and 172 of a draft Act on Genetically Modified Organisms, in derogation of the provisions of Directive 2001/18/EC of the European Parliament and the Council (!) on the deliberate release into the environment of genetically modified organisms (hereinafter: Directive 2001/18/EC). (3) By a letter of 9 July 2007, the Commission informed the Polish authorities that it had received the notification under Article 95(5) of the EC Treaty and that the six- month period for its examination pursuant to Article 95(6) had begun following this notification. (4)  The Commission published a notice regarding the request in the Official Journal of the European Union (%) to inform the other parties concerned of the draft national measures that Poland intended to adopt (%). () OJ L 106, 17.4.2001, p. 1. Directive as last amended by Regulation (EC) No 1830/2003 (O] L 268, 18.10.2003, p. 24). () O] C 173, 26.7.2007, p. 8. (’) The observations were issued from Lithuania, EuropaBio, the European Seed Association and Greenpeace. Observations were also made by individuals, professional associations and Polish insti- tutions.