Negotiations between EU Council and European Parliament representatives on Thursday 13 November regarding the proposal governing new genomic techniques resulted in progress on one of the contentious issues: sustainability criteria. However, much remains to be done on other aspects of the text, particularly patents.
The next session of inter-institutional negotiations is scheduled for 3 December (4th trilogue). During this third political trilogue, the co-legislators expressed a willingness to “show flexibility on sustainability and instructed the technical level to draft a proposal based on a list of exclusions”, with a view to a final compromise at the next trilogue, an EU source explained.
European Parliament had proposed drawing up a positive list to authorise as category 1 only those NGT plants clearly displaying traits beneficial to sustainability (see EUROPE 13730/11).
In the end, the negative list option was chosen during the trilogue: this would exclude plants exhibiting traits resulting from NGT modifications that confer, for example, increased resistance to herbicides. However, this exclusion would be on a declaratory basis: operators would have to indicate in their verification files that they had not introduced any modifications leading to this type of feature. Parliament hopes that controls will ensure that there are consequences for failing to declare a negative criterion in the verification process.
As far as patents are concerned, the co-legislators have instructed the technical level to draft a proposal for a final compromise at the next trilogue “taking into account the guarantees listed by Parliament in exchange for the latter taking into account the Council’s position on patentability”, explains an EU source. Parliament’s position proposes banning the patenting of plants derived from these NGTs, while the EU Council’s position opens the door to such patents.
The Danish Presidency of the EU Council has reportedly presented ideas based largely on existing legislation. MEP Christophe Clergeau (S&D, French) deplores the fact that the patents discussion remains deadlocked “despite the willingness of both institutions to find solutions outside their respective mandates”. Furthermore, the European Commission’s refusal to provide any information concerning the promised study on patents is “hindering progress in the negotiations”, he said. (Original version in French by Lionel Changeur)