L 40/14 Official Journal of the European Union 14.2.2012 COMMISSION IMPLEMENTING DECISION of 10 February 2012 as regards the renewal of the authorisation for continued marketing of products containing, consisting of, or produced from genetically modified soybean 40-3-2 (MON-©4©32-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (notified under document C(2012) 700) (Only the Dutch and the French texts are authentic) (Text with EEA relevance) (2012/82/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, 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), 11(3), 19(3) and 23(3) thereof, Whereas: (") ¢ By Commission Decision 96/281/EC of 3 April 1996 concerning the placing on the market of genetically modified soya beans (Glycine max L. with increased tolerance to the herbicide glyphosate, pursuant to Council Directive 90/220/EEC (3 the United Kingdom gave its consent for placing on the market genetically modified soybean 40-3-2. Food produced from genetically modified soybean 40-3- 2, including food additives, feed materials and feed additives produced from genetically modified soybean 40-3-2 were placed on the market before the entry into force of Regulation (EC) No 1829/2003. Articles  8(1) and 20(1) of Regulation (EC) No 1829/2003 allow the products which have been lawfully placed on the market before the date of appli- cation of that Regulation to continue to be placed on the market, provided that a notification is made to the Commission. Articles 8(4) and 20(4) of Regulation (EC) No 1829/2003 require the operators responsible for placing on the market those products to submit an appli- cation for renewal of authorisation within certain time limits. L 268, 18.10.2003, p. 1. O] OJ L 107, 30.4.1996, p. 10. (5)  On 16 April 2007, Monsanto Europe SA submitted to the Commission an application, in accordance with Articles 11 and 23 of Regulation (EC) No 1829/2003 for renewal of the authorisation for continued marketing of existing food additives, feed materials and feed additives produced from 40-3-2 soybean which were previously notified according to Articles 8(1)(b) and 20(1)(b) of that Regulation. (6)  On 18 April 2007, Monsanto Europe SA submitted to the Commission an application, in accordance with Articles 11 and 23 of Regulation (EC) No 1829/2003, for renewal of the authorisation of food containing, consisting of, or produced from 40-3-2 soybean, feed containing or consisting of 40-3-2 soybean and products other than food and feed containing or consisting of 40-3-2 soybean with the exception of culti- vation which were previously notified according to Articles 8(1)(a) and 20(1)(a) of that Regulation. (7)  On 1 December 2010, the European Food Safety Authority (EFSA) gave two favourable opinions in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003 and concluded that the new information provided in the applications and the review of the literature  published since the previous scientific assessment of 40-3-2 soybean () do not require changes of the previous scientific opinions on 40-3-2 soybean and reiterated the previous conclusions that 40-3-2 soybean is as safe as its non-genetically modified counterpart with respect to potential effects on human and animal health or the environment. Therefore, it concluded that it is unlikely that the placing on the market of the products containing, consisting of, or produced from 40-3-2 soybean as described in the applications (the products’) will have any adverse effects on human or animal health or the environment in the context of its proposed uses (¥). (’) Safety assessment of 40-3-2 soybean performed by the Advisory Committee on Novel Foods and Processes in the UK — http://www.foodstandards.gov.uk/multimedia/webpage/acnfp_report_ 1994 (*) http:/[registerofquestions.efsa.europa.eu/roqFrontend| questionLoader?question=EFSA-Q-2010-01260 http:/[registerofquestions.efsa.europa.eu/rogFrontend| questionLoader?question=EFSA-Q-2010-01259