L 34/26 Official Journal of the European Union 7.2.2006 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 13 January 2006 authorising the placing on the market of foods and food ingredients derived from genetically modified maize line MON 863 as novel foods or novel food ingredients under Regulation (EC) No 258/97 of the European Parliament and of the Council (notified under document number C(2005) 5939) (Only the French and Dutch texts are authentic) (2006/68/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients ('), and in particular Article 7 thereof, Whereas: On 15 July 2002, Monsanto submitted to the competent authorities of Germany a request, in accordance with Article 4 of the Regulation, for placing on the market foods and food ingredients derived from genetically modified maize line MON 863 (hereinafter referred to as MON 863 maize) as novel foods or novel food ingre- dients, in accordance with Regulation (EC) No 258/97. In its initial assessment report of 8 April 2003, Germany’s competent food assessment body came to the conclusion that an additional assessment was required because of the presence of an antibiotic resistance marker gene (nptll) used in the product concerned. (') OJ L 43, 14.2.1997, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 (O] L 284, 31.10.2003, p. 1). () The Commission forwarded the initial assessment report to all Member States on 3 June 2003 with additional comments raised by the Member States. On 9 December 2003 the Commission requested a scientific opinion from the European Food Safety Authority (EFSA) in accordance with Article 11 of the Regulation. On 2 April 2004 the EFSA delivered its opinion that from the point of view of consumer health, MON 863 maize and derived products are as safe as grain and derived products from conventional maize lines (3). In delivering its opinion the EFSA addressed all specific questions and concerns raised by the Member States. Article 46(1) of Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (%) provides that requests submitted under Article 4 of Regulation (EC) No 258/97 before the date of application of this Regulation shall be processed under the provisions of Regulation (EC) No 258/97, notwithstanding Article 38 of Regulation (EC) No 1829/2003, in cases where the additional assessment report required in accordance with Article 6(3) or 6(4) of Regulation (EC) No 258/97 has been transmitted to the Commission before the date of application of Regulation (EC) No 1829/2003. (%) EFSA Journal (2004) 50, 1-25; http://www.efsa.ew.int/science/gmo/ gmo_opinions/383/opinion_gmo_07_enl.pdf () O] L 268, 18.10.2003, p. 1.