Article 47
Transitional measures for adventitious or technically unavoidable presence of genetically modified material which has benefited from a favourable risk evaluation 1. The presence in food or feed of material which contains, consists of or is produced from GMOs in a proportion no higher than 0,5 % shall not be considered to be in breach of Article 4(2) or Article 16(2), provided that: (a) this presence is adventitious or technically unavoidable; (b) the genetically modified material has benefited from a favourable opinion from the Community Scientific Committee(s) or the Authority before the date of application of this Regulation; (c) the application for its authorisation has not been rejected in accordance with the relevant Community legislation; and (d) detection methods are publicly available. 2. In order to establish that the presence of this material is adventitious or technically unavoidable, operators must be in a position to demonstrate to the competent authorities that they have taken appropriate steps to avoid the presence of such materials. 3. The thresholds referred to in paragraph 1 may be lowered in accordance with the procedure referred to in Article 35(2), in particular for GMOs sold directly to the final consumer. 4. Detailed rules for implementing this Article shall be adopted in accordance with the procedure referred to in Article 35(2). 5. This Article shall remain applicable for a period of three years after the date of application of this Regulation.