
Article 1 
This Decision applies to the following products originating from the United States of America:

— corn gluten feed containing or produced from genetically modified maize within CN code 2309 90 20,
— brewers grains containing or produced from genetically modified maize within CN code 2303 30 00.
Article 2 

1. Member States shall allow the first placing on the market of the products referred to in Article 1 only where an original analytical report based on a suitable and validated method for the event-specific detection of genetically modified maize Br10 and issued by an accredited laboratory accompanying the consignment demonstrates that the product does not contain Bt10 maize or feed produced from Bt10 maize.If a consignment of products referred to in Article 1 is split, a certified copy of the analytical report provided for in paragraph 1 shall accompany each part of the split consignment.
2. In the absence of such an analytical report, the operator established in the Community who is responsible for the first placing on the market of the product shall have the products referred to in Article 1 tested to demonstrate that they do not contain Bt10 maize or feed produced from Bt10 maize. Pending availability of the analytical report, the consignment shall not be placed on the market of the Community.
3. Member States shall inform the Commission of positive (unfavourable) results through the Rapid Alert System for food and feed.
Article 3 
Member States shall take appropriate measures, including random sampling and analysis, concerning the products referred to in Article 1 already on the market in order to verify the absence of Bt10 maize or feed produced from Bt10 maize. They shall inform the Commission of positive (unfavourable) results through the Rapid Alert System for food and feed.
Article 4 
Member States shall take the necessary measures to ensure that the products referred to in Article 1 that are found to contain Bt10 maize or feed produced from Bt10 maize are not placed on the market.
Article 5 
Member States shall ensure that the costs incurred in the implementation of Articles 2 and 4 are borne by the operators responsible for the first placing on the market.
Article 6 
This Decision shall be reviewed by 31 October 2005 at the latest.
Article 7 
This Decision is addressed to the Member States.
Done at Brussels, 18 April 2005.
For the Commission
Markos KYPRIANOU
Member of the Commission