Commission Implementing Decision (EU) 2026/315 of 11 February 2026 revoking the authorisation for the placing on the market of food and feed products produced from, products consisting of or containing genetically modified oilseed rapes Ms8 × Rf3 × GT73, Ms8 × GT73 and Rf3 × GT73 and repealing Implementing Decision (EU) 2021/1391 (notified under document C(2026) 739)
Date: 2026-02-11
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: animal feedingstuffs, food safety, foodstuff, market approval, oil seed rape, transgenic plant








L_202600315EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2026/315


13.2.2026







            COMMISSION IMPLEMENTING DECISION (EU) 2026/315
of 11 February 2026
         
revoking the authorisation for the placing on the market of food and feed products produced from, products consisting of or containing genetically modified oilseed rapes Ms8 × Rf3 × GT73, Ms8 × GT73 and Rf3 × GT73 and repealing Implementing Decision (EU) 2021/1391


(notified under document C(2026) 739)


(Only the Dutch and German texts are authentic)
(Text with EEA relevance)


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 (1), and in particular Article 9(2) and Article 21(2) thereof,

Whereas:







(1)


Commission Implementing Decision (EU) 2021/1391 (2) 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 1

Revocation 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 2

Repeal of Implementing Decision (EU) 2021/1391

Implementing Decision (EU) 2021/1391 is repealed.


Article 3

Addressees

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.




Done at Brussels, 11 February 2026.


For the Commission

Olivér VÁRHELYI
            

Member of the Commission






(1)  
            OJ L 268, 18.10.2003, p. 1, ELI: http://data.europa.eu/eli/reg/2003/1829/oj.

(2)  Commission Implementing Decision (EU) 2021/1391 of 17 August 2021 authorising the placing on the market of products containing, consisting of or produced from genetically modified oilseed rapes Ms8 × Rf3 × GT73, Ms8 × GT73 and Rf3 × GT73 pursuant to Regulation (EC) No 1829/2003 of the European parliament and of the Council (OJ L 300, 24.8.2021, p. 41, ELI: http://data.europa.eu/eli/dec_impl/2021/1391/oj).


ELI: http://data.europa.eu/eli/dec_impl/2026/315/oj
ISSN 1977-0677 (electronic edition)