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EU Parliament supports loosening of regulations for NGT Plants

22 Feb 2024

After voting in favour of the European Commission's proposal to ease restrictions for some plants produced by new genomic techniques (NGTs), the European Parliament is ready to start negotiations with EU member states on the final law.

The proposal, which passed with 307 votes in favour, 263 against, and 41 abstentions, comes amidst growing interest in NGTs, which are increasingly becoming available in countries outside the EU. Non-browning bananas in the Philippines, for example, have potential benefits like reducing food waste and CO2 emissions.

EU Parliament supports loosening of regulations for NGT Plants
© iStock/nito100

NGTs, also referred to as gene editing techniques, alter an organism’s genetic material. By enabling precise editing of DNA without introducing undesired or unplanned side mutations, which may happen with traditional breeding methods, NGTs produce faster and more targeted modifications. In contrast, genetically modified organisms (GMOs), transplant genes between species, which introduces foreign genetic material into the organism’s genome.

NGT plants are currently subject to the same regulations as genetically modified organisms (GMOs), but to better reflect the distinct risk profiles of NGT plants, the Commission proposed classifying the plants into two categories, each with clear regulation: NGT 1 plants, which are considered equivalent to conventional plants, and NGT 2 plants, which would be subject to stricter regulations.

The rapporteur for the proposal, Jessica Polfjärd, outlined how NGTs can assist Europe’s food system to become more sustainable and resilient by allowing “the development of improved plant varieties that can ensure higher yields, be climate resistant or which require fewer fertilisers and pesticides”.

Copa and Cogeca, an EU-based advocacy group representing 22,000 agri-cooperatives and 22 million farmers and their family members, issued a press release in support of the proposal, outlining that the “vote is seen by the EU farming community as a new step in the right direction”.

Credit: © iStock/zilli© iStock/zilli

NGT 1 plants would be exempt from GMO legislation

NGT 1 plants would be exempted from the stringent regulations they currently face under the GMO legislation, including the mandatory labelling of products. This exemption aims to facilitate the adoption of NGT 1 plants by streamlining regulatory processes and reducing barriers to entry for farmers and breeders. Transparency measures would also be put in place, including setting up a public online list of all NGT 1 plants.

NGT 2 plants, on the other hand, would be subject to more rigorous oversight and would stay under existing GMO legislation. While this may entail a more complex authorisation process, MEPs have proposed an accelerated risk assessment procedure to speed up the approval of NGT 2 plants that demonstrate the potential to contribute to a sustainable agricultural system, but they highlight that the precautionary principle must be respected.

The members of parliament (MEPs) acknowledged both the potential of NGTs to transform agriculture and the need for clear regulations to ensure safety and consumer confidence. MEPs also agreed that all NGT plants should remain prohibited in organic production as their compatibility requires further consideration.

A full ban on all patents proposed for NGT plants

Regarding intellectual property rights, MEPs have proposed the introduction of a full ban on patents for all NGT plants, genetic material, and associated processes. MEPs amended the proposal to include this after recognising the potential for legal uncertainties, increased costs associated with patenting NGT technologies, and new dependencies for farmers and breeders.

By June 2025, MEPs have requested a report on the impact of patents on farmers' and breeders' access to varied plant reproductive material and a legislative proposal to update EU rules on intellectual property rights accordingly. In addition, MEPs want the Commission to report on how consumers and producers perceive the new techniques, seven years after it enters into force.

Next steps: Negotiations with EU member states

Polfjärd highlighted the significance of NGTs in enhancing food security and promoting sustainable agricultural practices. She said: “We finally have a chance to implement rules that embrace innovation and I look forward to concluding negotiations in the Parliament and with the Council as soon as possible.”

Moving forward, the European Parliament is set to commence negotiations with EU member states to finalise the proposed regulations.

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