In July 2023, the European Commission has brought forward two legislative proposals, firstly, to deregulate Genetically Modified Organisms derived from so-called New Genomic Techniques (NGTs) and secondly, the proposal to reform the seed marketing legislation. Since then, the EU institutions have been avidly discussing the files during the co-decision process.
Reform of the seed marketing legislation
The EU is revising legislation on plant reproductive material, such as seeds, cuttings, trees, roots, tubers, and clones. Currently, rules for the production and marketing of plant reproductive material (PRM) are spread across several directives since the 1960s.
This revision aims to integrate everything in one regulation, harmonising implementation across all EU Member States. Some of the rules that will be adjusted concern:
- Market access for organic and conservation varieties,
- PRM intended for end users such as amateur gardeners,
- PRM intended solely for, and retained by, certain gene banks, organisations, and networks, and
- PRM exchanged between farmers.
The Commission’s proposal does however have some shortcoming relevant to organic breeding and conservation activities. Amongst other, the Commission proposes to expand the testing system for new varieties (value for sustainable conservation and use, VSCU) to crop types that were previously not subject to these tests, creating a considerable additional burden for crop breeding.
The proposal also contains amendments to the organic regulation that are not in line with the wishes of the organic sector. These changes would, amongst others, affect the production of organic heterogeneous material (OHM).
The Commission’s proposal does however have some shortcoming relevant to organic breeding and conservation activities. Amongst other, the Commission proposes to expand the testing system for new varieties (value for sustainable conservation and use, VSCU) to crop types that were previously not subject to these tests, creating a considerable additional burden for crop breeding.
The proposal also contains amendments to the organic regulation that are not in line with the wishes of the organic sector. These changes would, amongst others, affect the production of organic heterogeneous material (OHM).
The European Parliament’s committees on Agriculture and Rural Development (AGRI) and Environment, Public Health and Food Safety (ENVI) have been discussing the proposal over the last months. The AGRI and ENVI committees, with votes on their respective positions in March, have contributed to considerably improve the original regulation proposal, addressing important issues such as the VSCU testing and supporting the preservation of agrobiodiversity. They also had an ear for the concerns of the organic sector on the amendments of the organic regulation.
On the 24th of April, the EU Parlaiment voted on the proposal in the plenary in Strasbourg, where a majority of MEPs supported the constructive proposal of the Agriculture Committee in almost all points. This means in short that, the amendment to adapt the Organic Regulation was deleted, no mandatory VSCU tests for fruit and vegetables and somewhat positive provisions for conversation activities – although not perfect.
The Parliament’s decision now forms the basis for the negotiations in the trialogue with the EU Commission and the Council of Agriculture Ministers on the final legislative text. Negotiations are not expected to begin until the end of 2024. A progress report by the Belgian Council Presidency and a discussion by the EU Agriculture Ministers is planned for the last Council meeting before the summer break, on 24 and 25 June 2024.
Several partners of the LiveSeeding consortium have prepared a policy brief with policy recommendations regarding the proposed regulation.
Deregulation of New Genomic Techniques
The Commission’s proposal on New Genomic Techniques (NGTs) has undergone a highly politicized and sped-up timeline since its release in July 2023, while this controversial topic with high stakes should be dealt with time and caution. Pro-NGT stakeholders had hoped to finalize the legislation before EU elections this summer – but as we know now in vain, despite heightened political pressure on all levels. Following the proposal’s publication, two parallel political processes start: negotiations in the Council of Agriculture Ministers on the one hand and negotiations and votes in the European Parliament on the other hand.
The Council presidency, first under the leadership of the Spanish government, and then subsequently under Belgian chairmanship, did not reach an agreement in the Council of Ministers, neither when put to a vote in December 2023 nor in February 2024. Among the reasons are major concerns about the impact of deregulation on European breeding (due to the issue of patents) and the lack of workable solutions for co-existence with organic (and GM-free) agriculture. Countries that did not support the compromise text included Belgium, Bulgaria, Germany, Luxembourg, Slovenia, Poland, Austria, Slovakia, Croatia, Romania, and Hungary. It is to be seen in what ways the upcoming presidency, namely Hungary, will advance the file in the European Council.
The European parliament reached a position in the plenary vote on 7 February 2024, which was endorsed in the parliaments’ last plenary session before EU elections on 24 April 2024. This means that the parliament’s position is determined for the upcoming parliament and cannot be re-discussed before the Trilogue negotiations. According to the organic sector, the outcome of the vote constituted a step backwards in terms of biosafety and freedom of choice for consumers, but MEPs safeguarded some minimum transparency requirements and even re-integrated traceability provisions that Member States should build on to secure the freedom of farmers not to use genetic engineering.
