Date: 2019-07-01Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2019/1117 of 24 June 2019 amending Decisions 2007/305/EC, 2007/306/EC and 2007/307/EC as regards a change of the addressee of the Decisions (notified under document C(2019) 4523)
Issued by European Commission
· Directorate-General for Health and Food Safety
Executive Summary:
Commission Implementing Decision (EU) 2019/1117, dated 24 June 2019, amends Decisions 2007/305/EC, 2007/306/EC, and 2007/307/EC to change the addressee from Bayer CropScience AG to BASF SE. This change pertains to the rules for the withdrawal from the market of specific hybrid and Topas oilseed rape products and their derivatives. The amendments are administrative and do not require a new product assessment.
Key Points / Main Content:
* **Addressee Change:**
* Bayer CropScience AG is replaced by BASF SE as the addressee in Decisions 2007/305/EC, 2007/306/EC, and 2007/307/EC.
* **Affected Decisions:**
* Decision 2007/305/EC: Concerns Ms1xRf1 ACSBN47xACSBN14 hybrid oilseed rape.
* Decision 2007/306/EC: Concerns Ms1xRf2 ACSBN47xACSBN25 hybrid oilseed rape.
* Decision 2007/307/EC: Concerns Topas 192 ACSBN71 oilseed rape.
* **Nature of Amendments:**
* The changes are purely administrative and do not involve a new assessment of the products.
Impact Analysis:
* **BASF SE:**
* *Impact:* Assumes the rights and obligations of Bayer CropScience AG regarding the withdrawal of the specified oilseed rape products from the market. BASF SE is now the official addressee of Decisions 2007/305/EC, 2007/306/EC, and 2007/307/EC.
* *Action Required:* Ensure compliance with the rules and obligations outlined in Decisions 2007/305/EC, 2007/306/EC, and 2007/307/EC regarding the withdrawal of the specified oilseed rape products.
* **Bayer CropScience AG:**
* *Impact:* Transfers its rights and obligations related to the withdrawal of specified oilseed rape products from the market to BASF SE.
* *Action Required:* Cease acting as the addressee for Decisions 2007/305/EC, 2007/306/EC, and 2007/307/EC and ensure a smooth handover of responsibilities to BASF SE.
Key Entities Referenced
European Union: The political and economic union of European countries.
European Commission: The executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the EU's day-to-day business.
Treaty on the Functioning of the European Union: One of the primary treaties forming the constitutional basis of the European Union.
Regulation EC No 1829/2003: Regulation of the European Parliament and the Council on genetically modified food and feed.
Bayer CropScience AG: A company based in Germany, originally the addressee of Commission Decisions 2007/305/EC, 2007/306/EC and 2007/307/EC.
BASF Agricultural Solutions Seed US LLC: A company based in the United States, the new rights holder for genetically modified products previously held by Bayer CropScience AG.
BASF SE: A company based in Germany, acting as the representative of BASF Agricultural Solutions Seed US LLC in the Union and the new addressee of the decisions.
Standing Committee on Plants, Animals, Food and Feed: A committee that provides opinions on measures proposed by the Commission related to plants, animals, food, and feed.
1.7.2019 EN Official Journal of the European Union L 176/59
COMMISSION IMPLEMENTING DECISION (EU) 2019/1117
of 24 June 2019
amending Decisions 2007/305/EC, 2007/306/EC and 2007/307/EC as regards a change of the
addressee of the Decisions
(notified under document C(2019) 4523)
(Only the German text is authentic)
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 the Council of 22 September 2003 on
genetically modified food and feed (1), and in particular Article 8(6) and Article 20(6) thereof,
Whereas:
(1) Commission Decisions 2007/305/EC (2), 2007/306/EC (3) and 2007/307/EC (4) laying down the rules
for the withdrawal from the market of Ms1xRf1 (ACS-BNØØ4-7xACS-BNØØ1-4) hybrid oilseed rape, Ms1xRf2
(ACS-BNØØ4-7xACS-BNØØ2-5) hybrid oilseed rape and Topas 19/2 (ACS-BNØØ7-1) oilseed rape respectively,
as well as their derived products are addressed to Bayer CropScience AG, based in Germany.
(2) By letter dated 1 August 2018, Bayer CropScience AG, based in Germany requested, that the Commission
transfers its rights and obligations pertaining to all its authorisations and pending applications for genetically
modified products, to BASF Agricultural Solutions Seed US LLC, based in the United States. By letter dated
19 October 2018, BASF Agricultural Solutions Seed US LLC confirmed its agreement with this transfer and
authorised BASF SE, based in Germany, to act as its representative in the Union.
(3) The implementation of the requested change requires the amendment of Decisions 2007/305/EC, 2007/306/EC
and 2007/307/EC as regards the addressee of those Decisions.
(4) The proposed amendments to the authorisation decisions are purely administrative in nature and do not entail
a new assessment of the products concerned.
(5) 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
In Decision 2007/305/EC, Article 4 is amended as follows:
‘Bayer CropScience AG, Alfred-Nobel-Str. 50, D-40789 Monheim am Rhein’ is replaced by ‘BASF SE, Carl-Bosch-
Str. 38, 67063 Ludwigshafen, Germany’.
Article 2
In Decision 2007/306/EC, Article 4 is amended as follows:
‘Bayer CropScience AG, Alfred-Nobel-Str. 50, D-40789 Monheim am Rhein’ is replaced by ‘BASF SE, Carl-Bosch-
Str. 38, 67063 Ludwigshafen, Germany’.
(1) OJ L 268, 18.10.2003, p. 1.
(2) Commission Decision 2007/305/EC of 25 April 2007 on the withdrawal from the market of Ms1xRf1 (ACS-BNØØ4-7xACS-BNØØ1-
4) hybrid oilseed rape and its derived products (OJ L 117, 5.5.2007, p. 17).
(3) Commission Decision 2007/306/EC of 25 April 2007 on the withdrawal from the market of Ms1xRf2 (ACS-BNØØ4-7xACS-BNØØ2-
5) hybrid oilseed rape and its derived products (OJ L 117, 5.5.2007, p. 20).
(4) Commission Decision 2007/307/EC of 25 April 2007 on the withdrawal from the market of Topas 19/2 (ACS-BNØØ7-1) oilseed rape
and its derived products (OJ L 117, 5.5.2007, p. 23).L 176/60 EN Official Journal of the European Union 1.7.2019
Article 3
In Decision 2007/307/EC, Article 3 is amended as follows:
‘Bayer CropScience AG, Alfred-Nobel-Str. 50, D-40789 Monheim am Rhein’ is replaced by ‘BASF SE, Carl-Bosch-
Str. 38, 67063 Ludwigshafen, Germany’.
Article 4
This Decision is addressed to BASF SE, Carl-Bosch-Str. 38, 67063 Ludwigshafen, Germany.
Done at Brussels, 24 June 2019.
For the Commission
Vytenis ANDRIUKAITIS
Member of the Commission