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Summary of the Decision in case 1579/2018/KR on a request to review Commission Decisions authorising the import of three types of genetically modified soybeans

This complaint concerns the European Commission’s decisions to authorise the importation of products containing, consisting of or produced from three genetically modified soybeans.

The complainant was of the view that the Commission wrongly authorised the importation. The arguments it presented to the Ombudsman were scientific in nature.

Given the Ombudsman’s limited role in reviewing decisions involving complex scientific assessments, she asked the complainant to point out any manifest errors in the Commission’s assessment. The complainant did not put forward evidence of a manifest error by the Commission. The Ombudsman also noted that the Commission had consulted the European Food Safety Authority (EFSA) on the matter and that it drew on the conclusions reached in EFSA’s report in replying in substance to the complainant. On that basis, the Ombudsman found no maladministration.

The Ombudsman, however, takes note of the complainant’s concerns about what it sees as inadequate post-market monitoring proposals of the genetically modified products at issue in this case. While the Ombudsman cannot assess whether they are adequate or not, she agrees with the complainant about the importance of post-market monitoring and urges the Commission, in cooperation with EFSA, to continue to monitor carefully the effects of these products.