In the run-up to the European Parliament’s second reading on the regulation governing the use of new genomic techniques (NGTs), the S&D Group has tabled a series of 16 amendments aimed at bringing the positions of the Parliament and the EU Council closer together on several key points.
Other amendments have been tabled (around thirty in all), delaying the timetable for adoption originally planned. The vote in the European Parliament plenary session is expected to take place between 15 and 18 June, after a vote in the Environment Committee on 2 or 3 June.
The amendments (https://aeur.eu/f/lt1 ) prepared by Christophe Clergeau (S&D, French), Vice-Chair of the European Parliament’s Committee on the Environment, focus on three priorities: protecting farmers, regulating patents and increasing transparency (see EUROPE 13850/3).
On the question of patents, the amendments propose that the incidental or accidental presence of patented genetic material in seeds should not give rise to prosecution. The patent holder would also have to bear the burden of proof in the event of a dispute, by demonstrating intentional use. This provision is designed to prevent disputes arising from unintentional contamination, particularly through cross-pollination.
Several amendments exclude from patentability NGT plants, genetic traits and characteristics that can be obtained naturally or by conventional breeding. They also restrict the extension of patents to biological material obtained independently, but with the same characteristics. The aim is to guarantee access to genetic resources for breeders and avoid market concentration.
In terms of traceability, the S&D group is proposing to tighten up the technical requirements. Operators should provide methods for detecting, identifying and quantifying NGT plants. A public database would list authorised varieties, with information on the techniques used. The labelling of reproductive material is also planned to enable NGT-free supply chains to be maintained.
The amendments strengthen the framework applicable to patents by means of a reinforced European code of conduct. It would become binding and include commitments on transparency and licensing on fair terms. NGT patent holders would be required to register on licensing platforms designed to guarantee non-discriminatory access, particularly for SMEs and breeders. (Original version in French by Lionel Changeur)