Green light for the EU framework on new genomic techniques: a mix of GMOs and conventional plants

Brussels -More than two years after the European Commission’s proposal, overnight, the complex negotiations between the EU institutions on the regulatory framework for new genomic techniques have come to a close. Brussels is thus trying to put an end to the debate on the new GMOs: NGTs – or Assisted Evolution Techniques (ATEs) – will be divided into two categories. A large part will be considered equivalent to conventional plants and therefore exempt from the precautionary requirements of the legislation on modified organisms.

NGTs refer to plants produced through precision techniques that allow genome modifications without inserting foreign DNA, using a sequence or combination of sequences from the same species or from one that is closely related. Varieties obtained through the introduction of genetic material from a non‑crossable species—transgenesis—will remain subject to existing GMO legislation.

EU Council and European Parliament negotiators have maintained the same framework proposed by the Commission: the division into 1 NGT, plants that “could also occur in nature or through conventional breeding,” and 2 NGT, all others, which will continue to be treated as GMOs. To the distinction criterion proposed by the EU executive, namely that an NGT plant may be considered equivalent to conventional ones “when it differs from the parent plant by no more than 20 genetic modifications,” an “exclusive list of desired traits has been added, including known insecticidal effects and herbicide tolerance, which are not permitted in NGT1 plants.”

It will be up to national authorities to verify that NGT plants belong to category 1, but only once, since their progeny will not need to be rechecked. 1 NGT plants and products will not be subject to labeling requirements, except for seeds and other plant reproductive material, so that those who wish can ensure a chain of purely conventional plants.

All plants classified as 2 NGT will remain subject to the authorisation procedures, as well as the traceability and monitoring requirements, of the 2001 GMO Act. Including mandatory labelling of products: the label must include information on “all relevant traits” that have been modified. The EU Council and the European Parliament inserted a provision into the regulation that allows member states to restrict or prohibit the cultivation of 2 NGT plants on their territory. 

 NGTs will not be allowed in organic production, although the “technically unavoidable” presence of 1 NGT plants will not constitute non-compliance. Then there is the issue of patents and intellectual property. The agreement between the EU co-legislators allows patents for NGTs: a patent expert group will be set up, comprising experts from all member states, the European Patent Office, and the Community Plant Variety Office, to focus on the effect of patents on plants with assisted evolution. An EU-wide code of conduct on patents will be drawn up within 18 months of the regulation’s entry into force.

In a statement, Coldiretti called the agreement “an important step forward” that will allow “exploiting the extraordinary opportunities offered by the new assisted evolution techniques, to make them available to Italian and European farmers to combat climate change and reduce the use of chemical inputs.” This is the declared aim of Brussels: to more rapidly develop varieties that are resistant to the effects of climate change, such as drought or floods, and that require less fertiliser and pesticide use. However, hundreds of organizations across Europe warn that deregulating the sector carries risks. Lack of monitoring of impacts on health and biodiversity, and a free hand for the overwhelming power of seed multinationals, to name a few.