An assessment of statements and decisions by the EU Commission shows that the EU Commission repeatedly points to the independence of the EFSA instead of taking up the responsibility to assess and control the work of the EFSA. So far the Commission usually hides behind the EFSA opinions and in practice even leaves the power to take decisions to the EFSA even though this is in contradiction to the EU regulation. In other cases however, like the cultivation of Bt11, 1507 maize and Amflora, at least some parts of the EU Commission disagree with the EFSA opinion.