The European Council has reviewed a proposal on regulating plants obtained through new genomic techniques (NGTs) and is set to begin negotiations in the European Parliament. 

However, industry groups and environmentalists, who have previously warned that a lack of mandatory labeling of NGTs and detection methods could seriously harm organic farmers and non-GMO food businesses, have criticized the agreement, saying it is “unlikely to be the hoped-for breakthrough.”

The Council says the regulations would help increase protection for human, animal, and environmental health and ensure that plant breeding practices remain safe, transparent, and competitive.

The proposal, published by the European Commission, aims to boost innovation and sustainability in the agri-food sector while strengthening food security by reducing reliance on external players. It marks two categories for NGT plants to be placed on the market:

Category 1 NGT plants could occur naturally or through traditional breeding methods. These would be treated like regular plants and be exempt from GMO laws and special labeling requirements, but seeds developed through such techniques would need to be labeled.

Category 2 NGT plants are those that do not occur naturally. GMO legislation would apply to these, meaning that they would have to undergo a risk assessment and authorization before being sold and would meet labeling requirements.

The proposal also states that NGTs cannot be used in organic farming.

Council emphasizes NGT patenting and labeling

The Council agrees with the proposal but has suggested changes in its negotiating mandate. These include allowing EU member states to ban the cultivation of category 2 NGT plants in their region.

It also asks that EU member states be able to implement optional coexistence measures under which they can prevent category 2 NGT plants from mixing with other products and avoid cross-border contamination.

The collegiate body clarifies that countries should also be able to avoid the unwanted presence of category 1 NGT plants in organic farming and adopt measures accordingly, especially in regions with specific geographic conditions, such as certain Mediterranean island countries and insular areas.

The changes recommend that companies or breeders must submit information on all existing or pending patents when applying to register a category 1 NGT plant or product. The patenting information must be available in a public database that lists all the plants that have received category 1 status for improved transparency.

The Council recommends establishing an expert group on the effect of patents on NGT plants, with representatives from the European Patent Office and member states.

The Commission must publish a study on the impact of patenting on innovation one year after the regulation, with insight into seed availability for farmers and the plant breeding sector’s competitiveness.

The Council demands robust labeling requirements for category 2 NGT plants. It proposes that if a product features a label with information on modified traits (like gluten-free and drought-tolerant), it should cover all the relevant traits that are affected. This can enable consumers to make decisions based on accurate and comprehensive information.

Stakeholders react

Key F&B stakeholders have consistently voiced fears that the absence of rigorous labeling rules and risk assessment checks could threaten the existence of organic and non-GMO industries.

The Association of Food without Genetic Engineering (VLOG) emphasizes that the F&B industry and consumers “will not accept” the deregulation proposal in its current form because “there are still no regulations on mandatory labeling and coexistence” despite a debate lasting over a year and a half.

“What lasts a long time will not necessarily be good. It is disappointing that Poland has missed the opportunity to reach a reasonable compromise on the controversial issue of ‘new genetic engineering’ as EU Council Presidency. Trilogue negotiations between the EU Commission, Parliament, and Council of Ministers can now start, but under the worst possible conditions,” says Alexander Hissting, managing director of VLOG.

The association highlights that many EU consumers (over 94% adults in Germany) want labeling for NGT foods, and over 370 EU food businesses have demanded transparent and rigorous labeling of NGTs.

“The EU Parliament must now at least enforce its demand, adopted in 2024, for a continuous genetic engineering labeling obligation until the end product. Consumers and the food industry will not accept deregulation without this minimum requirement,” Hissting asserts.

“Other serious consequences for the economy are still completely unclear. The negotiating position of the member states is far from NGT deregulation. The Parliament cannot agree to this, and the position of individual member states can also change again,” he warns.

Friends of the Earth Europe also condemned the EU member states for “prioritizing false corporate promises over public demand for strict regulation.” The environmental group believes the proposal undermines the consumers’ right to choose.

“It’s a dark day for consumers, farmers, and the environment. EU governments have voted on the side of a handful of big corporations’ profits instead of protecting farmers’ and consumers’ right to transparency and safety,” says Mute Schimpf, food campaigner at Friends of the Earth Europe.

“They have slashed regulatory oversight to zero and eliminated liability for untested new GMOs, gambling on empty promises for plants that don’t even exist yet.”