European Parliament agrees new rules on new genomic techniques

Following from our last circular GN/2026/077, the European Parliament has adopted new rules on gene editing or new genomic techniques. 

Unlike some origins, the EU is categorising NGTs into two categories with different legal obligations. 

• NGT-1 — This category is for plants with a limited number and type of changes that could have occurred through conventional breeding. Once it has been verified that they meet the criteria for NGT-1 status, they will be treated like conventional plants. Based on a request by Parliament, plants engineered for herbicide-tolerance or to produce insecticidal substances cannot become NGT-1 plants. 

• NGT-2 — This category is for plants that have undergone more extensive or complex genetic modifications. These are covered by the existing strict GMO rules and will be subject to risk assessment. They must obtain an authorisation before being commercialised in the EU.

The rules will apply both to plants originating in Europe and to those imported. Several products made from NGT plants are already available on the market or in advanced development outside the EU. Examples include low-gluten wheat, pathogen-resistant potatoes, and drought-tolerant maize. 

Traceability, labelling and opt-outs for member states

Full traceability and labelling will remain obligatory for NGT-2 plants and EU countries may restrict or prohibit their cultivation even if authorised for cultivation in the EU. Plant varieties containing or derived from an NGT-1 plant will be listed in a public EU database and all seed bags and reproductive material must be labelled NGT-1, to allow farmers to make an informed choice. 

To steer the use of NGTs towards developing plants with sustainability features (e.g. climate and pest resistance), the regulation makes it mandatory to monitor the sustainability impacts of NGT plants. 

Organic plants: No NGTs will be allowed in organic production but the technically unavoidable presence of NGT-1 plants would not constitute non-compliance. The Commission will assess whether this regulation creates any administrative, economic, or practical burdens for organic operators, including relating to their own perception and that of consumers. 

Intellectual property rights and patents: It will be possible to patent NGTs, except for those traits or sequences occurring in nature or produced by biological means. MEPs inserted safeguards to prevent market concentration, and to ensure affordability and fair access for farmers, so they retain the right to save and replant seeds. 

Next steps - The regulation will enter into force 20 days after it has been published in the EU Official Journal and will apply two years later. 

For full details, please refer to the attached draft legislation from the European Parliament.

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