Commission Implementing Decision (EU) 2026/522 of 10 March 2026 renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified cotton T304-40 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (notified under document C(2026) 1497)
Date: 2026-03-10
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: animal feedingstuffs, cotton, food safety, foodstuff, labelling, market approval, transgenic plant




L_202600522EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2026/522


12.3.2026







            COMMISSION IMPLEMENTING DECISION (EU) 2026/522
of 10 March 2026
         
renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified cotton T304-40 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council


(notified under document C(2026) 1497)


(Only the German text is 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 11(3) and Article 23(3) thereof,

Whereas:







(1)


Commission Implementing Decision (EU) 2015/699 (2) authorised the placing on the market of food and feed containing, consisting of or produced from genetically modified cotton T304-40. The scope of this authorisation also covers the placing on the market of products other than food and feed containing or consisting of genetically modified cotton T304-40, for the same use as any other cotton, with the exception of cultivation.












(2)


On 22 March 2024, BASF SE, based in Germany, on behalf of BASF Agricultural Solutions US LLC, based in the United States, submitted to the Commission an application, in accordance with Articles 11 and 23 of Regulation (EC) No 1829/2003, for the renewal of that authorisation.












(3)


On 22 July 2025, the European Food Safety Authority (‘the Authority’) issued a favourable scientific opinion on genetically modified cotton T304-40 (3) in accordance with Articles 11 and 23 of Regulation (EC) No 1829/2003. It concluded that the renewal application did not contain evidence of any new hazards, modified exposure or scientific uncertainties that would change the conclusions of the original risk assessment on genetically modified cotton T304-40, adopted by the Authority in 2013 (4).












(4)


In its scientific opinion, the Authority considered all the questions and concerns raised by the Member States in the context of the consultation with the national competent authorities as provided for in Article 6(4) and Article 18(4) of Regulation (EC) No 1829/2003.












(5)


The Authority also concluded that the monitoring plan for environmental effects, consisting of a general surveillance plan, submitted by the applicant, is in line with the intended uses of the products.












(6)


Taking into account those conclusions, the authorisation for the placing on the market of food and feed containing, consisting of or produced from genetically modified cotton T304-40 and of products containing it or consisting of it for uses other than food and feed, with the exception of cultivation, should be renewed.












(7)


By its letter of 24 April 2025, BASF Belgian Coordination Center Comm V, based in Belgium, informed the Commission that BASF Agricultural Solutions Seed US LLC changed its name to BASF Agricultural Solutions US LLC as of 30 September 2024.












(8)


A unique identifier was assigned to genetically modified cotton T304-40, in accordance with Commission Regulation (EC) No 65/2004 (5), in the context of its initial authorisation by Implementing Decision (EU) 2015/699. That unique identifier should continue to be used.












(9)


As regards the products covered by this Decision, no specific labelling requirements, other than those provided for in Article 13(1) and Article 25(2), points (a) and (b), of Regulation (EC) No 1829/2003 and in Article 4(6) of Regulation (EC) No 1830/2003 of the European Parliament and of the Council (6), appear to be necessary. However, in order to ensure that the use of products containing or consisting of genetically modified cotton T304-40 remains within the limits of the authorisation granted by this Decision, the labelling of such products, with the exception of food and food ingredients, should contain a clear indication that they are not intended for cultivation.












(10)


The authorisation holder should submit annual reports on the implementation and on the results of the activities set out in the monitoring plan for environmental effects. Those results should be presented in accordance with the requirements laid down in Commission Decision 2009/770/EC (7).












(11)


The opinion of the Authority does not justify the imposition of specific conditions or restrictions for the placing on the market for use and handling, including post-market monitoring requirements regarding the consumption of food and feed containing, consisting of or produced from genetically modified cotton T304-40, or for the protection of particular ecosystems/environment or geographical areas, as provided for in Article 6(5), point (e) and Article 18(5), point (e) of Regulation (EC) No 1829/2003.












(12)


All relevant information on the authorisation of the products covered by this Decision should be entered in the Community register of genetically modified food and feed referred to in Article 28(1) of Regulation (EC) No 1829/2003.












(13)


This Decision is to be notified through the Biosafety Clearing-House to the Parties to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, pursuant to Article 9(1) and Article 15(2), point (c) of Regulation (EC) No 1946/2003 of the European Parliament and of the Council (8).












(14)


The Standing Committee on Plants, Animals, Food and Feed has not delivered an opinion within the time limit laid down by its Chairman. This implementing act was deemed to be necessary and the chair submitted it to the appeal committee for further deliberation. The appeal committee did not deliver an opinion,





HAS ADOPTED THIS DECISION:



Article 1

Genetically modified organism and unique identifier

Genetically modified cotton (Gossypium hirsutum) T304-40, as specified in point (b) of the Annex to this Decision, is assigned the unique identifier BCS-GHØØ4-7, in accordance with Regulation (EC) No 65/2004.


Article 2

Renewal of the authorisation

The authorisation for the placing on the market of the following products is renewed as regards:






(a)


foods and food ingredients containing, consisting of or produced from genetically modified cotton BCS-GHØØ4-7;










(b)


feed containing, consisting of or produced from genetically modified cotton BCS-GHØØ4-7;










(c)


products containing or consisting of genetically modified cotton BCS-GHØØ4-7, for uses other than those provided for in points (a) and (b), with the exception of cultivation.






Article 3

Labelling


1.   For the purposes of the labelling requirements laid down in Article 13(1) and Article 25(2), points (a) and (b), of Regulation (EC) No 1829/2003 and in Article 4(6) of Regulation (EC) No 1830/2003, the ‘name of the organism’ shall be ‘cotton’.


2.   The words ‘not for cultivation’ shall appear on the label of and in the documents accompanying the products containing or consisting of genetically modified cotton as referred to in Article 1, with the exception of products referred to in point (a) of Article 2.



Article 4

Method for detection

The method set out in point (d) of the Annex shall apply for the detection of genetically modified cotton BCS-GHØØ4-7.


Article 5

Monitoring plan for environmental effects


1.   The authorisation holder shall ensure that the monitoring plan for environmental effects, as set out in point (h) of the Annex, is put in place and implemented.


2.   The authorisation holder shall submit to the Commission annual reports on the implementation and the results of the activities set out in the monitoring plan in accordance with the format set out in Decision 2009/770/EC.



Article 6

Authorisation holder

The authorisation holder shall be BASF Agricultural Solutions US LLC, United States, represented in the Union by BASF SE, Germany.


Article 7

Validity

This Decision shall apply for a period of 10 years from the date of its notification.


Article 8

Addressee

This Decision is addressed 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, D-67063 Ludwigshafen, Germany.




Done at Brussels, 10 March 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) 2015/699 of 24 April 2015 authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton T304-40 (BCS-GHØØ4-7) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 112, 30.4.2015, p. 77, ELI: http://data.europa.eu/eli/dec_impl/2015/699/oj), as amended by Commission Implementing Decision (EU) 2019/1195 (OJ L 187, 12.7.2019, p. 43) (ELI: http://data.europa.eu/eli/dec_impl/2019/1195/oj).

(3)  EFSA GMO Panel (EFSA Panel on Genetically Modified Organisms), 2025. Scientific Opinion on the assessment of genetically modified cotton T304-40 for renewal authorisation under Regulation (EC) No 1829/2003 (application GMFF-2024-23010). EFSA Journal 2025;23(7):9580; https://doi.org/10.2903/j.efsa.2025.9580.

(4)  EFSA GMO Panel (EFSA Panel on Genetically Modified Organisms), (2013). Scientific opinion on application EFSA-GMO-NL-2011-97 for the placing on the market of insect-resistant and herbicide-tolerant genetically modified cotton T304-40 for food and feed uses, import and processing under regulation (EC) No 1829/2003 from Bayer CropScience AG. EFSA Journal, 11(6), 3251. https://doi.org/10.2903/j.efsa.2013.3251.

(5)  Commission Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms (OJ L 10, 16.1.2004, p. 5, ELI: http://data.europa.eu/eli/reg/2004/65/oj).

(6)  Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC (OJ L 268, 18.10.2003, p. 24, ELI: http://data.europa.eu/eli/reg/2003/1830/oj).

(7)  Commission Decision 2009/770/EC of 13 October 2009 establishing standard reporting formats for presenting the monitoring results of the deliberate release into the environment of genetically modified organisms, as or in products, for the purpose of placing on the market, pursuant to Directive 2001/18/EC of the European Parliament and of the Council (OJ L 275, 21.10.2009, p. 9, ELI: http://data.europa.eu/eli/dec/2009/770/oj).

(8)  Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003 on transboundary movements of genetically modified organisms (OJ L 287, 5.11.2003, p. 1, ELI: http://data.europa.eu/eli/reg/2003/1946/oj).




ANNEX
(a)   Applicant and authorisation holder:








Name


:


BASF Agricultural Solutions US LLC




Address


:


100 Park Avenue, Florham Park, New Jersey 07932, United States of America




represented in the Union by: BASF SE, Carl-Bosch-Str. 38, D-67063, Ludwigshafen, Germany.
(b)   Designation and specification of the products:







(1)


foods and food ingredients containing, consisting of or produced from genetically modified cotton BCS-GHØØ4-7;










(2)


feed containing, consisting of or produced from genetically modified cotton BCS-GHØØ4-7;










(3)


products containing or consisting of genetically modified cotton BCS-GHØØ4-7 for uses other than those provided for in points (1) and (2), with the exception of cultivation.
The genetically modified cotton BCS-GHØØ4-7 expresses the cry1Ab gene which confers protection against certain lepidopteran pests and pat gene which confers tolerance to glufosinate ammonium-based herbicides.




(c)   Labelling:







(1)


For the purposes of the labelling requirements laid down in Article 13(1) and Article 25(2), points (a) and (b), of Regulation (EC) No 1829/2003 the ‘name of the organism’ shall be ‘cotton’;










(2)


The words ‘not for cultivation’ shall appear on the label of and in documents accompanying the products containing or consisting of the genetically modified cotton BCS-GHØØ4-7, with the exception of the products referred to in point (b)(1).




(d)   Method for detection:







(1)


Event-specific method for the quantification of genetically modified cotton BCS-GHØØ4-7 using real-time PCR;










(2)


Validated by the EU reference laboratory established under Regulation (EC) No 1829/2003, published at https://gmo-crl.jrc.ec.europa.eu/method-validations;










(3)


Reference Material: ERM-BF429 accessible via the Joint Research Centre (JRC) of the European Commission at https://crm.jrc.ec.europa.eu/





(e)   Unique identifier:

BCS-GHØØ4-7
(f)   Information required pursuant to Annex II to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity:

[Biosafety Clearing-House, Record ID number: published in the Community register of genetically modified food and feed when notified].
(g)   Conditions or restrictions on the placing on the market, use or handling of the products:

Not required.
(h)   Monitoring plan for environmental effects:

Monitoring plan for environmental effects in accordance with Annex VII to Directive 2001/18/EC of the European Parliament and of the Council (1).
[Link: plan published in the Community register of genetically modified food and feed]
(i)   Post-market monitoring requirements for the use of the food for human consumption:

Not required.







Note:




links to the relevant documents may need to be modified over time. Those modifications will be made available to the public through the updating of the Community register of genetically modified food and feed.







(1)  Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ L 106, 17.4.2001, p. 1, ELI: http://data.europa.eu/eli/dir/2001/18/oj).



ELI: http://data.europa.eu/eli/dec_impl/2026/522/oj
ISSN 1977-0677 (electronic edition)