Commission Implementing Decision (EU) 2026/315

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed^note, and in particular Article 9(2) and Article 21(2) thereof,Whereas:

(1)Commission Implementing Decision (EU) 2021/1391^note authorised the placing on the market of foods, food ingredients and feed containing, consisting of or produced from genetically modified oilseed rapes Ms8 × Rf3 × GT73, Ms8 × GT73 and Rf3 × GT73. The authorisation also covers the placing on the market of products containing or consisting of genetically modified oilseed rapes Ms8 × Rf3 × GT73, Ms8 × GT73 and Rf3 × GT73 for uses other than food and feed, with the exception of cultivation.

(2)By its letter of 24 April 2025, BASF Belgian Coordination Center Comm V, based in Belgium, a branch of BASF SE, based in Germany, informed the Commission that the authorisation holder, BASF Agricultural Solutions Seed US LLC, based in the United States, changed its name to BASF Agricultural Solutions US LLC as of 30 September 2024.

(3)By letter dated 3 July 2025 BASF SE, based in Germany, representing BASF Agricultural Solutions US LLC, based in the United States, and Bayer Agriculture BV, based in Belgium, representing Bayer CropScience LP, based in the United States, requested the revocation of the authorisation of genetically modified oilseed rapes Ms8 × Rf3 × GT73, Ms8 × GT73 and Rf3 × GT73. The authorisation holders indicated that genetically modified oilseed rape Ms8 × Rf3 × GT73 has never been cultivated in third countries and that they do not intend to commercialise or introduce products containing it in the future.

(4)By letter dated 19 January 2026, Bayer Agriculture B.V., based in Belgium, informed the Commission that Bayer CropScience LP converted its legal form and changed its name to Bayer CropScience LLC as of 1 January 2026.

(5)The authorisation of genetically modified oilseed rapes Ms8 × Rf3 × GT73, Ms8 × GT73 and Rf3 × GT73 should therefore be revoked and Implementing Decision (EU) 2021/1391 should be repealed.

(6)The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS DECISION:

Article 1Revocation of authorisation#

The authorisation of products containing, consisting of, or food and feed products produced from genetically modified oilseed rapes Ms8 × Rf3 × GT73, Ms8 × GT73 and Rf3 × GT73 is revoked.

Article 2Repeal of Implementing Decision (EU) 2021/1391#

Implementing Decision (EU) 2021/1391 is repealed.

Article 3Addressees#

This Decision is addressed to Bayer CropScience LLC, 800 N. Lindbergh Boulevard, St. Louis, Missouri 63167, United States, represented in the Union by Bayer Agriculture BV, Scheldelaan 460, 2040 Antwerp, Belgium, and to BASF Agricultural Solutions US LLC, 100 Park Avenue, Florham Park, New Jersey 07932, United States, represented in the Union by BASF SE, Carl-Bosch-Str. 38, 67063 Ludwigshafen, Germany.