L 117/20 Official Journal of the European Union 5.5.2007 COMMISSION DECISION of 25 April 2007 on the withdrawal from the market of Ms1xRf2 (ACS-BN@@4-7xACS-BN@@2-5) hybrid oilseed rape and its derived products (notified under document number C(2007) 1806) (Only the German text is authentic) (2007/306[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 the Council of 22 September 2003 on genetically modified food and feed ('), and in particular Article 8(6) and 20(6) thereof, Whereas: (1) Seeds of hybrid oilseed rape Ms1xRf2 (ACS-BN@J4- 7xACS-BN@@2-5) have been granted consent pursuant to Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms () by Commission Decision 97/393[EC of 6 June 1997 concerning the placing on the market of genetically modified swede-rape (Brassica napus L. oleifera Metzg. MS1, RF2), in accordance with Council Directive 90/220/EEC (%), for the intended use of growing and handling in the environment before and during processing to non-viable fractions. Directive 90/220/EEC has been recast and repealed by Directive 2001/18/EC. (2)  The consent was based on the information contained in the dossier submitted under Directive 90/220/EEC and all the information submitted by the Member States. (3)  Processed oil from ACS-BN@@4-7, ACS-BN@@D2-5 and the hybrid combination ACS-BNG@4-7xACS-BNOD2-5 oilseed rape was placed on the market in accordance with Article 5 of Regulation (EC) No 258/97 of the () OJ L 268, 18.10.2003, p. 1. Regulation as amended by Commission Regulation (EC) of the European Parliament and of the Council No 1981/2006 (O] L 368, 23.12.2006, p. 99). (®» O L 117, 8.5.1990, p. 15. Directive as repealed by Directive 2001/18/EC (O] L 106, 17.4.2001, p. 1). () O] L 164, 21.6.1997, p. 40. European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingre- dients (*). 4)  ACS-BNO@4-7, ACS-BN@@2-5 and the hybrid combi- nation ACS-BNG@4-7xACS-BNGD2-5 oilseed rape and their derived products have subsequently been notified as existing products by Bayer CropScience AG (hereafter ‘the notifier') under Article 8(1)(a) and Article 20(1) of Regulation (EC) No 1829/2003 (hereafter ‘the Regu- lation’) and entered in the Community Register of genetically modified food and feed. The scope of the notification covered food (processed oil) produced from the male sterile MS1Bn (B91-4) oilseed rape line and all conventional crosses, the fertility restorer RF2Bn (B94-2) oilseed rape line and all conventional crosses and the hybrid combination MS1xRF2 (ACS-BN@@4-7xACS- BN@@2-5)) as well as feed containing or consisting of oilseed swede-rape derived from the male sterile MS1 (B91-4), cultivar Drakkar, oilseed rape line (Brassica napus L. oleifera Metzg), the fertility restorer RF2 (B94- 2), cultivar Drakkar, oilseed rape line (Brassica napus L. oleifera Metzg,) and the hybrid combination MSI1xRF2 (ACS-BNO@4-7xACS-BNOD2-5)  (Brassica napus L. oleifera Metzg. MS1Bn x RF2Bn) for the intended uses of growing and handling in the environment before and during processing to non-viable fractions. (5)  The notifier of hybrid oilseed rape ACS-BNG@4-7xACS- BN@®2-5, in a letter to the Commission dated 15 November 2005, indicated that varieties containing this event were no longer offered for sale on a global basis and that all inventory seed were recalled and destroyed after the 2003 sales season. (6)  The notifier has further indicated to the Commission that it has no intention to submit an application for renewal of the authorisation of ACS-BN@@4-7, ACS-BN@@2-5 and the hybrid combination ACS-BN@@4-7xACS- BN@@2-5 oilseed rape under the Regulation in accordance with the first sub-paragraph of Article 8(4), Article 11, Article 20(4) and Article 23 respectively. Therefore neither the cultivation nor the placing on the market of ACS-BN@@4-7xACS-BNPP2-5 hybrid oilseed rape and its derived products will be authorised in the Community after 18 April 2007. (*) OJ L 43, 14.2.1997, p. 1. Regulation last modified by Regulation (EC) No 1882/2003 (O] L 284, 31.10.2003, p. 1).