On Thursday 16 April, Christophe Clergeau, vice-chair of the S&D Group in European Parliament, said that he was confident of obtaining sufficiently broad support within Parliament to improve the draft regulation on new genomic techniques (NGTs), particularly regarding the issue of patents.
He explained to a group of journalists that he intended to submit a package of three amendments to the other European Parliament political groups.
The text on NGTs, along with any amendments, is expected to be put to a vote on (at second reading) at the plenary session on 19 or 20 May, “but we remain cautious, as we are still waiting for the final timetable”, said Mr Clergeau. The vote on the text and amendments in Parliament’s Committee on Environment is scheduled for 5 May.
The procedure in this case is as follows: “If we want to get certain amendments adopted, we need a simple majority within Parliament’s Committee on Environment; however, during the plenary session, a majority of Parliament’s members, specifically 361 votes, is required, and that’s not so easy to achieve”, he admitted.
Should the amendments be adopted, negotiations with the EU Council would be expected to commence, focused exclusively on the changes to the text introduced by Parliament (see EUROPE 13846/1).
“I believe we can secure a cross-party majority”, said the MEP, citing full support from the Greens/EFA and The Left groups, as well as support from the EPP, S&D and Renew Europe groups and the far right.
The first amendment aims to strengthen legal protections for farmers, in a context where NGTs are not technically traceable. The aim is to prevent any reversal of the burden of proof in the event of a dispute, by requiring patent holders to demonstrate, by credible technical means, that a cultivated variety does in fact infringe upon their rights. The objective is to avoid abusive legal proceedings based on unverifiable suspicions.
The second amendment, concerning patentability, aims to prevent the automatic extension of patents relating to biotechnological processes to plants, genetic characteristics or varieties derived from these processes. Mr Clergeau believes that such an extension would lead to the privatisation of living organisms and call into question open access to genetic resources, the basis of innovation in plant breeding. He points out that Parliament has already expressed strong opposition to this type of development.
The third amendment aims to make patent licensing platforms mandatory for patent holders and to subject the organisation of these platforms to formal certification by the Commission. The challenge is to guarantee non-discriminatory access to protected technologies, particularly for small and medium-sized breeders.
“Opposition to the patentability of plants cuts across political lines”, said Mr Clergeau. Within the S&D Group, the position is clear: the final vote on the text will depend largely on the outcome of these discussions. “These amendments on patents are crucial”, he concluded.
In a letter dated 8 April addressed to Executive Vice-President of the Commission Stéphane Séjourné, ten EPP members (including Norbert Lins, Monika Hohlmeier, Stefan Köhler and Christine Schneider) call upon the Commission to revise Directive 98/44/EC on biotechnological inventions. They are calling for urgent clarification to exclude natural genetic traits or those obtained through conventional breeding from patentability, in order to prevent concentration of the seed market and preserve innovation. According to the signatories, a strong political signal is needed before the plenary vote. (Original version in French by Lionel Changeur)