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Country's Decision or any other Communication
Record information and status
Record ID
114737
Status
Published
Date of creation
2019-05-22 11:32 UTC (Kine.Rautio.overland@miljodir.no)
Date of publication
2019-05-22 11:32 UTC (Kine.Rautio.overland@miljodir.no)

General information
Country submitting the decision or communication
  • Norway
Competent National Authority(ies) responsible for the decision or communication
Norwegian Ministry of Climate and Environment
P.O. Box 8013 Dep.
Oslo
Norway, 0030
Phone:+47 22 24 90 90
Fax:+47 22 24 27 56
Email:postmottak@kld.dep.no
Url:Norwegian Ministry of Climate and Environment
Title / Reference number of the decision or communication
Decision to prohibit genetically modified herbicide-tolerant oil seed rape line RF3
Date of the decision
2017-06-02
Is the decision taken prior to entry into force of the Protocol?
No
Jurisdiction
  • Norway
Is this an amendment to a previous decision / communication?
No
Decision or communication details
Subject(s) of the decision
Uses of the LMO(s)
  • LMOs for direct use as feed
  • LMOs for processing
Has the decision been taken in the absence of a domestic regulatory framework and in accordance with Article 11.6?
No
Importer’s or Applicant’s contact details
Bayer AG
Crop Science division
Alfred-Nobel-Str. 50
Monheim am Rhein
Germany, 40789
Phone:+49 (0) 21 73 - 38-0
Email:bayer@bayer.com
Result of the decision
  • Prohibition of the import/use of the LMO(s)
Reasons
Norway has by royal decree of 2 June 2017, prohibited the placing on the Norwegian market of the herbicide tolerant oil seed rape line RF3 for feed and industrial processes. The prohibition applies to living organisms only. The prohibition does not include import for laboratory or field experiments, such cases will be assessed under the Gene Technology Act on a case-by-case basis.

Oil seed rape line RF3 is prohibited on the basis of the identified risk to the environment by the intended use. Transport, industrial processing and handling and use of the oilseed rape line may lead to unintended spillage of seeds capable of germination and undesirable spread of GM oilseed rape in nature. The risk of unwanted gene flow from the genetically modified rape to wild relatives, constitutes a negative effect on biodiversity.  Moreover, if the genes were to transfer to non-GM varieties in agriculture, producers would suffer economic losses. Organic agriculture, for example, has zero tolerance for the presence of GMOs. Once the damage has occurred, it may be difficult to reverse or remedy.

Further information regarding the prohibition can be found in the Royal decree of 2 June 2017 (attached).
LMO identification
ACS-BNØØ3-6 - InVigor™ canola
Changes in physiology and/or production - Fertility restoration Resistance to herbicides - Glufosinate
Show detection method(s)
Risk assessment
Environmental risk assessment of genetically modified glufosinate-tolerant oil seed rape MS8, RF3, MS8xRF3
ACS-BNØØ3-6 - InVigor™ canola
Changes in physiology and/or production - Fertility restoration
Resistance to herbicides - Glufosinate
ACS-BNØØ5-8 - InVigor™ canola
Changes in physiology and/or production - Reproduction - Male sterility
Resistance to herbicides - Glufosinate
ACS-BNØØ5-8 x ACS-BNØØ3-6 - InVigor™ canola
Changes in physiology and/or production - Reproduction - Male sterility
Resistance to herbicides - Glufosinate
Decision document
Additional Information
Additional Information
Genetically modified herbicide-tolerant oil seed rape line RF3 was authorised as feed and industrial uses under EU-Directive 2001/18/EC through Commission decision on 26 March 2007. No authorisation is required in Norway for the deliberate release of genetically modified organisms (GMOs) that have been authorised in another EEA state in accordance with the EU's GMO Directive (2001/18/EC). The use of such GMOs is also authorised in Norway unless a national decision to prohibit them is made under the Gene Technology Act. The Norwegian authorities may prohibit or restrict placing on the market if in their view it involves a risk to health or the environment, or if placing on the market is otherwise in conflict with the purpose of the Gene Technology Act, provided that their decision is otherwise in accordance with the EEA Agreement, see section 10, sixth paragraph, of the Gene Technology Act and the adaptations set out in Annex XX, item 25 d, to the EEA Agreement. According to the objects clause of the Gene Technology Act, the purpose of the Act is to ensure that the use of genetically modified organisms takes place in an ethically justifiable and socially acceptable manner, in accordance with the principle of sustainable development and without adverse effects on health and the environment. In legal terms, all production and use of genetically modified organisms apart from contained use in closed laboratory facilities is considered to be deliberate release.

The prohibition is made effective through an update of the regulations FOR-2000-12-15-1268 on the prohibition of certain genetically modified products. 
Other relevant website address or attached documents