Negotiations between representatives of the Council of the EU and the European Parliament resumed on Wednesday 3 December, at around 6.30 pm, on the proposal to regulate new genomic techniques (NGTs), with the hope of a compromise in the evening.
This fourth trilogue on the file is supposed to be the last, according to several European sources. On the latest subjects under debate, some sources have suggested that the European Parliament’s rapporteur, Jessica Polfjärd (EPP, Swedish), may be broadly in agreement with the position of the Council of the EU.
With regard to sustainability, the solution retained is the one envisaged during the previous trilogue, i.e. a list of exclusions (negative list) (see EUROPE 13752/5). The European Parliament, for its part, proposed drawing up a positive list to authorise as category 1 only NGT plants with traits that are beneficial for sustainability (see EUROPE 13730/11). In the end, the negative list option is said to be the one chosen: this would exclude plants with traits resulting from NGT modifications conferring, 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 resulting in this type of feature.
With regard to patentability, the European Parliament’s position was to prohibit the patenting of plants derived from NGTs, while the EU Council’s position opened the door to such patents. The EU Council’s position will reportedly prevail, subject to a (still vague) condition providing for the possible introduction of a code of conduct for patent holders, particularly as regards licensing conditions.
As for the labelling of plants derived from these genomic techniques, category 2 plants would be labelled as GMOs. For category 1 NGTs (those assimilated to conventionally bred plants), the European Parliament would have liked to introduce traceability and labelling rules, contrary to the EU Council’s position. The latter is expected to come out the winner. Category 1 plants would thus be regulated in the same way as conventional varieties, with a simplified procedure (simple verification and declaration), without GMO labelling or heavy risk assessment.
The only condition, already provided for in the EU Council’s mandate, is that the official catalogue of plant varieties authorised for marketing should indicate that they are NGT varieties. (Original version in French by Lionel Changeur)