Commission Implementing Decision (EU) 2026/1419 of 29 June 2026 renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 87705 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (notified under document C(2026) 4402)
Date: 2026-06-29
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: animal feedingstuffs, food safety, foodstuff, labelling, market approval, soya bean, transgenic plant




L_202601419EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2026/1419


3.7.2026







            COMMISSION IMPLEMENTING DECISION (EU) 2026/1419
of 29 June 2026
         
renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified soybean MON 87705 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council


(notified under document C(2026) 4402)


(Only the Dutch 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 Articles 11(3) and 23(3) thereof,

Whereas:







(1)


Commission Implementing Decision (EU) 2015/696 (2) authorised the placing on the market of food and feed containing, consisting of or produced from genetically modified soybean MON 87705. The scope of that authorisation also covered the placing on the market of products other than food and feed containing or consisting of genetically modified soybean MON 87705, for the same uses as any other soybean, with the exception of cultivation.












(2)


On 8 March 2024, Bayer Agriculture BV, based in Belgium, on behalf of Bayer CropScience LP, based in the United States (‘the applicant’) submitted an application to the Commission for the renewal of that authorisation.












(3)


On 12 January 2026, the European Food Safety Authority (‘the Authority’) issued a favourable scientific opinion on genetically modified soybean MON 87705 (3) in accordance with Articles 6 and 18 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 soybean MON 87705, adopted by the Authority in 2012 (4) and 2013 (5).












(4)


In its scientific opinion, the Authority considered all the questions and concerns raised by the Member States in the context of the consultation of 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, as submitted by the applicant, is in line with the intended uses of the products.












(6)


In addition to that, the Authority recommended in its scientific opinion a post-market monitoring plan in food and considered that such a plan for feed is not needed, in line with the EFSA scientific opinion and the complementary statement adopted, respectively, in 2012 and 2013, and is consistent with Implementing Decision (EU) 2015/696.












(7)


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 soybean MON 87705 and of products containing or consisting of genetically modified soybean MON 87705, for uses other than food and feed, with the exception of cultivation, should be renewed.












(8)


By the letter of 19 January 2026, Bayer Agriculture BV, 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.












(9)


A unique identifier has been assigned to genetically modified soybean MON 87705 in accordance with Commission Regulation (EC) No 65/2004 (6), in the context of the initial authorisation by Implementing Decision (EU) 2015/696. That unique identifier should continue to be used.












(10)


Food, food ingredients and feed containing, consisting of, or produced from MON 87705 soybean should be labelled in accordance with the requirements provided for in Article 13(1) and Article 25(2), points (a) and (b), of Regulation (EC) No 1829/2003.












(11)


Taking into account the opinion of the Authority confirming that the fatty acid composition of the seeds of MON 87705 soybean and derived oil has been changed in relation to the conventional counterpart, and in the absence of new information provided by the applicant to change the initial assessment, a specific labelling, containing the same words as in Implementing Decision (EU) 2015/696, appears to be necessary in accordance with Articles 13(2)(a) and 25(2)(c) of Regulation (EC) No 1829/2003.












(12)


In order to ensure the use of the products within the limits of the authorisation provided for by this Decision, the labelling of products containing or consisting of the GMO for which authorisation is requested, with the exception of food products, should be complemented by a clear indication that the products in question must not be used for cultivation.












(13)


Regulation (EC) No 1830/2003 of the European Parliament and of the Council (7) lays down labelling requirements in Article 4(6) for products containing or consisting of GMOs. Traceability requirements for products containing or consisting of GMOs are laid down in paragraphs 1 to 5 of Article 4 and those for food and feed produced from GMOs are laid down in Article 5 of that Regulation.












(14)


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 (8).












(15)


The authorisation holder should also submit annual reports on the implementation and the results of the activities set out in the post-market monitoring plan.












(16)


The opinion of the Authority does not justify the imposition of other specific conditions or restrictions for the placing on the market, for the use and handling of genetically modified soybean MON 87705 or for the protection of particular ecosystems/environment and/or geographical areas, as provided for in Article 6(5), point (e), and Article 18(5), point (e) of Regulation (EC) No 1829/2003.












(17)


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.












(18)


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 (9).












(19)


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 soybean (Glycine max (L.) Merr.) MON 87705, as specified in point (b) of the Annex to this Decision, is assigned the unique identifier MON-877Ø5-6, 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 soybean MON-877Ø5-6;










(b)


feed containing, consisting of or produced from genetically modified soybean MON-877Ø5-6;










(c)


products containing or consisting of genetically modified soybean MON-877Ø5-6, 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 ‘soybean’.


2.   For the purposes of the labelling requirements laid down in Article 13(2)(a) and Article 25(2)(c) of Regulation (EC) No 1829/2003, the words ‘with increased monounsaturated fat and reduced polyunsaturated fat’ shall appear after the name of the organism on the label or, where appropriate, in the documents accompanying the products.


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



Article 4

Method for detection

The method set out in point (d) of the Annex shall apply for the detection of genetically modified soybean MON-877Ø5-6.


Article 5

Monitoring 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

Post-market monitoring in accordance with Article 6(5)(e) of Regulation (EC) No 1829/2003


1.   The authorisation holder shall ensure that the post-market monitoring plan of the MON-877Ø5-6 soybean oil, as set out in point (g) 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 post-market monitoring plan for the duration of the authorisation.



Article 7

Community register

The information set out in the Annex to this Decision shall be entered in the Community register of genetically modified food and feed referred to in Article 28(1) of Regulation (EC) No 1829/2003.


Article 8

Authorisation holder

The authorisation holder shall be Bayer CropScience LLC, United States, represented in the Union by Bayer Agriculture BV, Belgium.


Article 9

Validity

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


Article 10

Addressee

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.




Done at Brussels, 29 June 2026.


For the Commission

Olivér VÁRHELYI
            

Member of the Commission






(1)  Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (OJ L 268, 18.10.2003, p. 1, ELI: http://data.europa.eu/eli/reg/2003/1829/oj).

(2)  Commission Implementing Decision (EU) 2015/696 of 24 April 2015 authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean MON 87705 (MON-877Ø5-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 112, 30.4.2015, p. 60, ELI: http://data.europa.eu/eli/dec_impl/2015/696/oj).

(3)  EFSA GMO Panel (EFSA Panel on Genetically Modified Organisms), 2026. Scientific Opinion on the assessment of genetically modified soybean MON 87705 for renewal authorisation under Regulation (EC) No 1829/2003 (application GMFF-2023-21236). EFSA Journal 2026; 24:e9846. https://doi.org/10.2903/j.efsa.2026.9846.

(4)  EFSA GMO Panel (EFSA Panel on Genetically Modified Organisms), (2012). Scientific Opinion on application EFSA-GMO-NL-2010-78 for the placing on the market of herbicide tolerant, increased oleic acid genetically modified soybean MON 87705 for food and feed uses, import and processing under regulation (EC) No 1829/2003 from Monsanto. EFSA Journal 2012, 10(10), 2909. https://doi.org/10.2903/j.efsa.2012.2909.

(5)  EFSA GMO Panel (EFSA Panel on Genetically Modified Organisms), (2013). Statement complementing the scientific opinion on application EFSA-GMO-NL-2010-78 to cover the safety of soybean MON 87705 oil for commercial frying. EFSA Journal 2013, 11(12), 3507. https://doi.org/10.2903/j.efsa.2013.3507.

(6)  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).

(7)  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).

(8)  Commission Decision 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).

(9)  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


:


Bayer CropScience LLC




Address


:


800 N. Lindbergh Boulevard, St Louis, Missouri, 63167, United States




represented in the Union by Bayer Agriculture B.V., Scheldelaan 460, 2040, Antwerp, Belgium.










(b)



Designation and specification of the products:







(1)


foods and food ingredients containing, consisting of or produced from genetically modified soybean MON-877Ø5-6;










(2)


feed containing, consisting of or produced from genetically modified soybean MON-877Ø5-6;










(3)


products containing or consisting of genetically modified soybean MON-877Ø5-6, for uses other than those provided for in points (1) and (2), with the exception of cultivation.




The genetically modified soybean MON-877Ø5-6 has a reduced expression of fatty acid Δ12-desaturase (FAD2) and palmitoyl acyl carrier protein thioesterase (FATB) enzymes, which results in an increased oleic acid and a reduced linoleic acid profile and expresses the CP4 EPSPS protein, which confers tolerance to glyphosate-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, and in Article 4(6) of Regulation (EC) No 1830/2003, the name of the organism shall be ‘soybean’.










(2)


For the purposes of the labelling requirements laid down in Article 13(2)(a) and Article 25(2)(c) of Regulation (EC) No 1829/2003, the words ‘with increased monounsaturated fat and reduced polyunsaturated fat’ shall appear after the name of the organism on the label or, where appropriate, in the documents accompanying the products.










(3)


The words ‘not for cultivation’ shall appear on the label of and in the documents accompanying the products containing or consisting of the genetically modified soybean MON-877Ø5-6, with the exception of the products referred to in point (b)(1).














(d)



Method for detection:







(1)


Event specific real-time PCR based method for the quantification of genetically modified soybean MON-877Ø5-6;










(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: AOCS 0210-A2 (for MON-877Ø5-6) and AOCS 0906-A (for the non-GM counterpart) are accessible through the American Oil Chemists Society (AOCS), at https://www.aocs.org/















(e)



Unique identifier:

MON-877Ø5-6










(f)



Information required under 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:



Post-market monitoring in accordance with Article 6(5)(e) of Regulation (EC) No 1829/2003








1.


The authorisation holder shall collect the following information:






(i)


quantities of MON-877Ø5-6 soybean oil and MON-877Ø5-6 soybeans for oil extraction, imported into the European Union for the placing on the market as or in products for food;










(ii)


in case of import of products mentioned under (i), results of database searches in the FAOSTAT database on the quantities of vegetable oil consumption by Member State, including shifts in quantities between the different types of oils consumed.














2.


The authorisation holder shall, based on the information collected and reported, review the nutritional assessment conducted as part of the risk assessment.














(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]











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/2026/1419/oj
ISSN 1977-0677 (electronic edition)