18.10.2003 Official Journal of the European Union L 268/1 (Acts whose publication is obligatory) REGULATION (EC) No 1829/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 September 2003 on genetically modified food and feed (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Articles 37, 95 and Article 152(4)(b) thereof, Having regard to the proposal from the Commission (!), Having regard to the opinion of the European Economic and Social Committee (), Having regard to the opinion of the Committee of the Regions (°), Acting in accordance with the procedure referred to in Article 251 of the Treaty (%), Whereas: (1)  The free movement of safe and wholesome food and feed is an essential aspect of the internal market and contributes significantly to the health and well-being of citizens, and to their social and economic interests. 20 A high level of protection of human life and health should be ensured in the pursuit of Community policies. (3)  In order to protect human and animal health, food and feed consisting of, containing or produced from geneti- cally modified organisms (hereinafter referred to as genetically modified food and feed) should undergo a safety assessment through a Community procedure before being placed on the market within the Commu- nity. ) O] C 304 E, 30.10.2001, p. 221. () 0] C 221, 17.9.2002, p. 114. () O] C 278, 14.11.2002, p. 31. (*) Opinion of the European Parliament of 3 July 2002 (not yet published in the Official Journal), Council Common Position of 17 March 2003 (O] C 113 E, 13.5.2003, p. 31), Decision of the European Parliament of 2 July 2003 (not yet published in the Offi- cial Journal) and Council Decision of 22 July 2003. (4)  Differences between national laws, regulations and administrative provisions concerning the assessment and authorisation of genetically modified food and feed may hinder their free movement, creating conditions of unequal and unfair competition. (5)  An authorisation procedure involving Member States and the Commission has been established for genetically modified foods in Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredi- ents (°). This procedure should be streamlined and made more transparent. (6)  Regulation (EC) No 258/97 also provides for a notifica- tion procedure for novel foods which are substantially equivalent to existing foods. Whilst substantial equiva- lence is a key step in the procedure for assessment of the safety of genetically modified foods, it is not a safety assessment in itself. In order to ensure clarity, transpar- ency and a harmonised framework for authorisation of genetically modified food, this notification procedure should be abandoned in respect of genetically modified foods. (7)  Feed consisting of or containing genetically modified organisms (GMOs) has so far been authorised, subject to the authorisation procedure provided by Council Direc- tive 90/220/EEC of 23 April 1990 () and Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms (’); no authorisation procedure exists for feed produced from GMOs; a single, efficient and transparent Commu- nity authorisation procedure for feed consisting of, containing or produced from GMOs should be estab- lished. (8)  The provisions of this Regulation should also apply to feed intended for animals which are not destined for food production. () OJ L 43, 14.2.1997, p. 1. () O] L 117, 8.5.1990, p. 15. Directive repealed by Directive 2001/ 18/EC. () OJ L 106, 17.4.2001, p. 1. Directive as last amended by Council Decision 2002/811/EC (O] L 280, 18.10.2002, p. 27).