
Article 1 
This Decision applies to the food and feed products listed in the Annex, originating in or consigned from China.
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 the construct-specific method developed by D. Mäde et al., for detection of the genetically modified rice ‘Bt 63’, issued by an official or accredited laboratory and accompanying the consignment demonstrates that the product does not contain, consist or is not produced from the genetically modified rice ‘Bt 63’. In the case of an analytical report issued by a Chinese accredited laboratory, the analytical report shall be endorsed by the relevant competent authority.
2. If a consignment of products referred to in Article 1 is split, a copy of the analytical report shall accompany each part of the split consignment. In the absence of an analytical report as referred to in paragraph 1, 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 the genetically modified rice ‘Bt 63’. Pending availability of the analytical report, the consignment shall not be placed on the Community market.
3. Where a product referred to in the Annex is not containing, consisting or produced from rice, the original analytical report may be replaced by a statement from the operator responsible for the consignment indicating that the food is not containing, consisting or produced from rice.
Article 3 
Member States shall take appropriate measures, including random sampling and analysis carried out using the method referred to in Article 2, concerning the products referred to in Article 1 presented for importation or already on the market in order to ensure compliance with the requirements of this Decision. They shall inform the Commission of positive (unfavourable) results through the Rapid Alert System for Food and Feed. Negative (favourable) results shall be reported to the Commission on a three-monthly basis.
Article 4 
Member States shall take the necessary measures to ensure that products referred to in Article 1 that are found to contain, to consist or to be produced from the genetically modified rice ‘Bt 63’ 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 
The situation shall be reassessed by 15 October 2008 at the latest.
Article 7 
This Decision is applicable from 15 April 2008.
Article 8 
This Decision is addressed to the Member States.
Done at Brussels, 3 April 2008.
For the Commission
Androulla VASSILIOU
Member of the Commission
ANNEX

Product CN code
Rice in the husk (‘paddy’ or rough) 1006 10
Husked (brown) rice 1006 20
Semi-milled or wholly milled rice, whether or not polished or glazed 1006 30
Broken rice 1006 40 00
Rice flour 1102 90 50
Rice groats and meal 1103 19 50
Rice pellets 1103 20 50
Flaked rice grains 1104 19 91
Rolled or flaked cereal grains (excluding grains of oats, wheat, rye, maize and barley, and flaked rice) 1104 19 99
Rice starch 1108 19 10
Preparations for infant use, put up for retail sale 1901 10 00
Uncooked pasta, not stuffed or otherwise prepared, containing eggs 1902 11 00
Uncooked pasta, not stuffed or otherwise prepared, not containing eggs 1902 19
Stuffed pasta, whether or not cooked or otherwise prepared 1902 20
Other pasta (other than uncooked pasta, not stuffed or otherwise prepared, and other than stuffed pasta, whether or not cooked or otherwise prepared) 1902 30
Prepared foods obtained by swelling or roasting cereals or cereal products, obtained from rice 1904 10 30
Preparations of the muesli-type based on unroasted cereal flakes 1904 20 10
Prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted cereal flakes or swelled cereals, obtained from rice (excluding preparations of the muesli-type on the basis of unroasted cereal flakes) 1904 20 95
Rice, pre-cooked or otherwise prepared, not elsewhere specified or included (excluding flour, groats and meal, food preparations obtained by swelling or roasting or from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals) 1904 90 10
Ricepaper ex 1905 90 20
Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of rice with a starch content not exceeding 35 % by weight 2302 40 02
Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of rice other than with a starch content not exceeding 35 % by weight 2302 40 08
Peptones and their derivatives; other protein substances and their derivatives, not elsewhere specified or included; hide powder, whether or not chromed 3504 00 00