Negotiations between the Polish Presidency of the EU Council and the European Parliament on the rules governing the use of new genomic techniques (NGTs) are due to begin on 6 May.
They could last for many months, given the differences between the positions of the EU Council and the European Parliament on key elements of the text (see EUROPE 13613/21).
With regard to the assessment criteria for plants obtained using these techniques, the EU Council has adopted the provisions of the initial proposal (for category 1 NGTs, no more than 20 nucleotides must be modified or added). Parliament has laid down additional rules: genetic modifications must not create a chimeric protein that is not present in the species of genetic heritage.
MEPs also laid down stricter labelling rules (traceability requirements for food and feed produced from NGTs to facilitate accurate labelling of these products).
According to the European Parliament’s mandate, the use of category 1 NGT plants should be banned in organic production until a more in-depth examination has taken place.
Parliament introduces provisions to prevent patents being granted: plant material is thus excluded from patentability from the date of entry into force of the regulation. With regard to patents already granted or patent applications under examination relating to plant material, “the effects of patents should be further limited”, according to the European Parliament mandate.
The EU Council is opening the door to patents, in particular by providing for a group of experts on the effect of patents on NGT plants, made up of experts from all the Member States and the European Patent Office. In accordance with the EU Council’s mandate, the Commission will be required, one year after the entry into force of the Regulation, to publish a study on the impact of patents on innovation, the availability of seeds for farmers and the competitiveness of the EU plant breeding sector. The study will also focus in particular on how breeders can gain access to patented NGT plants.
Link to the document presenting the EU Council and European Parliament positions and the Commission proposal: https://aeur.eu/f/gb3 (Original version in French by Lionel Changeur)