1. 2. 97 Official Journal of the European Communities No L 31/69 COMMISSION COMMISSION DECISION of 23 January 1997 concerning the placing on the market of genetically modified maize (Zea mays L.) with the combined modification for insecticidal properties conferred by the Bt-endotoxin gene and increased tolerance to the herbicide glufosinate ammonium pursuant to Council Directive 90/220/EEC (Text with EEA relevance) (97/98/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms ('), as amended by Commission Directive 94/15/EC (¥, and in particular Article 13 thereof, Whereas Articles 10 to 18 of Directive 90/220/EEC lay down a Community procedure enabling the competent authority of a Member State to give consent to the placing on the market of products consisting of genetically modi- fied organisms; Whereas a notification concerning the placing on the market of such a product has been submitted to the competent authority of a Member State (France); Whereas the competent authority of France subsequently forwarded the dossier to the Commission with a fa- vourable opinion; whereas the competent authorities of other Member States have raised objections to the said dossier; Whereas, therefore, in accordance with Article 13 (3) of Directive 90/220/EEC, the Commission is required to take a decision in accordance with the procedure provided for in Article 21 of that Directive; Whereas, having examined each objection in the light of the provisions of Directive 90/220/EEC and analysed the information supplied in the dossier, the Commission reached the following conclusions: () OJ No L 117, 8. 5. 1990, p. 15. () O] No L 103, 22. 4. 1994, p. 20. — the applicant provided information on all the newly introduced genes, and not only those expressed, — the risk assessment took account of all the introduced genes whether expressed or not. Assessment was also made in this case of the risks from the presence of the non-expressed P-lactamase gene with a bacterial promoter, — in the case of products intended for use as human food or animal feed, risk assessment under Directive 90/220/EEC determines whether the genetic modifi- cation is liable to result in any toxic or other harmful effects for human health and the environment, — there is no reason to believe that the introduction of these genes into maize will have any adverse effects on human health or the environment, — possible development of resistance to the truncated CryLA(b) protein in insects cannot be considered an adverse environmental effect, as existing agricultural means of controlling such resistant species of insects will still be available, — there are no safety grounds for mentioning on the label that the product has been obtained by genetic modification techniques, — the label should indicate that the plants have increased tolerance to the herbicide glufosinate ammonium,; Whereas authorization of chemical herbicides, and assess- ment of how their use impacts on human health and the environment, are governed by Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(’), as last amended by Commission Directive 96/68/EC (*), and not by Directive 90/220/EEC; () OJ No L 230, 19. 8. 1991, p. 1. () OJ No L 277, 30. 10. 1996, p. 25.