2012/69/EU: Commission Implementing Decision of 3 February 2012 amending Decisions 2007/305/EC, 2007/306/EC and 2007/307/EC as regards the tolerance period for traces of Ms1xRf1 (ACS-BNØØ4-7xACS-BNØØ1-4) hybrid oilseed rape, Ms1xRf2 (ACS-BNØØ4-7xACS-BNØØ2-5) hybrid oilseed rape and Topas 19/2 (ACS-BNØØ7-1) oilseed rape, as well as of their derived products (notified under document C(2012) 518)

1 Decision 2007/305/EC is amended as follows: (a) the second paragraph of Article 1 shall be replaced by the following: ‘By 1 January 2014, the notifier shall submit to the Commission a report on the implementation of the measures set out in the Annex.’; (b) Article 2 shall be replaced by the following: The presence of material which contains, consists of or is produced from ACS-BNØØ4-7, ACS-BNØØ1-4 and the hybrid combination ACS-BNØØ4-7xACS-BNØØ1-4 oilseed rape in food or feed products notified under Article 8(1)(a) and Article 20(1) of Regulation (EC) No 1829/2003 shall be tolerated until 31 December 2016: (a) provided that this presence is adventitious or technically unavoidable; and (b) in a proportion no higher than 0,1 %.’;

The presence of material which contains, consists of or is produced from ACS-BNØØ4-7, ACS-BNØØ2-5 and the hybrid combination ACS-BNØØ4-7xACS-BNØØ2-5 oilseed rape in food or feed products notified under Article 8(1)(a) and Article 20(1) of the Regulation (EC) No 1829/2003 shall be tolerated until 31 December 2016: (a) provided that this presence is adventitious or technically unavoidable; and (b) in a proportion no higher than 0,1 %.’;

1 The notifier shall implement an in-house program to avoid the presence of ACS-BNØØ7-1 oilseed rape in breeding and seed production and shall report to the Commission on the implementation of this measure by 1 January 2014.

2 The presence of material which contains, consists of or is produced from ACS-BNØØ7-1 oilseed rape in food or feed products notified under Article 8(1)(a) and Article 20(1) of the Regulation (EC) No 1829/2003 shall be tolerated until 31 December 2016: (a) provided that this presence is adventitious or technically unavoidable; and (b) in a proportion no higher than 0,1 %.’

The entries in the Community Register of genetically modified food and feed, as provided for in Article 28 of Regulation (EC) No 1829/2003, regarding ACS-BNØØ4-7, ACS-BNØØ1-4 and the hybrid combination ACS-BNØØ4-7xACS-BNØØ1-4 oilseed rape, ACS-BNØØ4-7, ACS-BNØØ2-5 and the hybrid combination ACS-BNØØ4-7xACS-BNØØ2-5 oilseed rape, and ACS-BNØØ7-1 oilseed rape shall be modified in order to take account of this Decision.

This Decision is addressed to Bayer CropScience AG, Alfred-Nobel-Str. 50, 40789 Monheim am Rhein, Germany.