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Plants obtained by certain new genomic techniques and their food and feed

TA-9-2024-0325 · P9_TA(2024)0325 · PE754.658

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✦ In short · AI summary of this text, generated 4 Sept 2026

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Parliament's amended version of the proposed regulation on plants from new genomic techniques (NGTs) sets rules for their release and marketing, distinguishing category 1 (equivalent to conventional) and category 2 (subject to GMO rules). It excludes NGT plants from patentability, requires labelling and traceability, and provides incentives for sustainable traits.

Key points

  1. Category 1 NGT plants are exempt from GMO rules if they meet equivalence criteria in Annex I, with a verification procedure before release or marketing.
  2. Category 2 NGT plants remain under GMO legislation but with adapted risk assessment and monitoring requirements.
  3. NGT plants, plant material, genetic information, and process features are excluded from patentability, and Directive 98/44/EC is amended accordingly.
  4. Category 1 NGT plant reproductive material must be labelled 'cat 1 NGT' and traceability information held at each market stage.
  5. Category 2 NGT products may be labelled with the trait conferred, and incentives apply for traits like yield, stress tolerance, and resource efficiency, but not herbicide tolerance.
  6. Member States must take measures to avoid unintended presence of category 2 NGT plants in non-GMO products, and Article 26b of Directive 2001/18/EC does not apply.
  7. The Commission must report on implementation, monitor impacts, and evaluate the regulation, including a report on patents by June 2025.
  8. The regulation applies from 24 months after entry into force, but patent exclusions apply from entry into force.

Who is affected

  • Breeders and farmers: NGT plants are not patentable, ensuring access to genetic material, but must comply with labelling and traceability.
  • Organic producers: Category 1 NGT plants are prohibited in organic production, with a review after 7 years.
  • Small and medium-sized enterprises: Eligible for fee waivers and enhanced pre-submission advice.
  • Importers: Imports from third countries meeting the same standards are not impeded.

Figures and deadlines

  • 20 genetic modifications maximum for equivalence to conventional plants.
  • 3 modifications per protein-coding sequence.
  • 20 nucleotides for substitution or insertion.
  • 30 working days for verification report and inadmissibility decisions.
  • 20 days for comments on verification report.
  • 6 months for EFSA opinion on category 2 applications.
  • 5 years for delegated acts period.
  • 24 months after entry into force for application.

Legal basis: Articles 43, 114 and 168(4)(b) of the Treaty on the Functioning of the European Union