L 247/50 Official Journal of the European Union 16.9.2008 COMMISSION DECISION of 8 September 2008 authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean A2704-12 (ACS-GM@@5-3) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (notified under document number C(2008) 4735) (Only the German text is authentic) (Text with EEA relevance) (2008/730[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed ('), and in particular Articles 7(3) and 19(3) thereof, Whereas: 0) 0 On 1 July 2005, Bayer CropScience AG submitted to the competent authority of the Netherlands an application, in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003, for the placing on the market of foods, food ingredients, and feed containing, consisting of, or produced from A2704-12 soybean (‘the application’). The application also covers the placing on the market of other products containing or consisting of A2704-12 soybean for the same uses as any other soybean with the exception of cultivation. Therefore, in accordance with the provisions of Articles 5(5) and 17(5) of Regu- lation (EC) No 1829/2003, it includes the data and infor- mation required by Annexes III and IV to Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC () and information and conclusions about the risk assessment carried out in accordance with the principles set out in Annex II to Directive 2001/18/EC. On 10 August 2007, the European Food Safety Authority (EFSA) gave a favourable opinion in L 268, 18.10.2003, p 1. L 106, 17.4.2001, p. 1. accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003 and concluded that it is unlikely that the placing on the market of the products containing, consisting of, or produced from A2704-12 soybean as described in the application (‘the products’) will have any adverse effects on human or animal health or the envi- ronment in the context of their intended uses (). In its opinion, EFSA considered all the specific questions and concerns raised by the Member States in the context of the consultation of the national competent authorities as provided for by Articles 6(4) and 18(4) of that Regu- lation. In particular, EFSA concluded that after considering all the data available in the application on the molecular characterisation, compositional analysis and agronomic performance, A2704-12 soybean is equivalent to its non-genetically modified counterpart and, as a conse- quence, that no further animal safety studies with the whole food[feed (e.g. a 90-day toxicity study in rats) are needed. In its opinion, EFSA also concluded that the environmen- tal monitoring plan, consisting of a general surveillance plan, submitted by the applicant is in line with the intended use of the products. Taking into account those considerations, authorisation should be granted for the products. A unique identifier should be assigned to each genetically modified organism (GMO) as provided for in Commission  Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the develop- ment and assignment of unique identifiers for genetically modified organisms (¥). () http:/fwww.efsa.europa.cu/EFSA/efsa_locale-1178620753816_ 1178620785771.htm (% O] L 10, 16.1.2004, p. 5.