European Union announces gene editing proposals
2023-0075
Background
Yesterday (05/07/23) The European Commission announced its long awaited legislative proposals on gene editing. Referred to as New Genomic Techniques (NGTs), this follows moves made in the UK which has already announced its own version of gene editing legislation*.
AIC has been aware that the EU has been considering its own gene editing legislation after pressure was applied from farming and food groups since the invasion of Ukraine. In addition, the Commission has recognised that in order to meet stated green aims in its Farm to Fork policy, it needs to focus on productivity measures on farms.
*To clarify, New Genomic Techniques (NGT) is EU’s the term used for gene editing and Precision Breeding (PB) is the UK’s term (PB only applies to England as Wales and Scotland have decided not to follow suit. Northern Ireland must follow the EU’s legislation in this area).
Why is it important?
The new legislation in the EU could be very significant for food production in the EU and UK for a number of reasons:
- The change in the EU represents a big shift towards science based, objective policy in food production and agricultural productivity. In 2018, the European Court of Justice ruled that gene editing was equivalent to GMOs in Europe, a decision also conferred then on the UK. Since then it has held back the development of gene editing in the EU and UK.
- Alignment between the UK proposals and EU proposals could help facilitate the trade in gene edited products in both directions as well as a more consistent approach to precision bred plant breeding in both the EU and UK.
- Scotland and Wales have not adopted the English proposals and have a historic policy of alignment with the EU in this area. Now that the EU has proposed its own gene editing legislation, it will be very interesting to see how devolved governments accommodate this.
EU proposals vs UK proposals
According to the European Commission, the proposal creates two distinct pathways for NGT plants to be placed on the market. This is similar to the UK proposals which also will have a two tiered approach:
- NGT plants by conventional breeding will be subject to a verification procedure, based on criteria set. NGT plants that meet these criteria are treated like conventional plants and therefore exempted from the requirements of the GMO legislation. This means that for these plants no risk assessment has to be made and they can be labelled in the same way as conventional plants.
This is very similar to the UK’s proposal for tier 1 products (those that are similar in appearance or profile to a traditionally bred product, such as a drought resistant wheat).
- For all other NGT plants (likelly those that have a change in physical characteristics such as nutritionally enhanced fruit or allergen free cereals), the requirements of the current GMO legislation would apply. This means that they are subject to risk assessments, and can only be put on the market following an authorisation procedure. This is similar to the UK proposals.
However, the EU proposal also states that these tier 2 NGTs will require detection methods and tailored monitoring requirements. These measures are not supported by the UK Government however, and AIC supports the UK Government in this.
Transparency and public register of products
The Commission, like the UK, is proposing that gene editing cannot be used in organic production. To exclude gene edited plants from organic production – even those that have been verified to be comparable to conventional plants – farmers and the whole supply chain can consult a public register of all gene edited products and seed labelling in common catalogues of varieties in the EU and through a public register in the UK. It is expected that applications will be published at the start of a process in the UK and EU.
AIC Role and Next Steps
Since June 2022, AIC has hosted meetings and webinars between the UK Government (in London and Brussels), the European Commission and our European associations (Euroseeds, Coceral and Fefac) to help facilitate a consistent approach to gene editing between the EU and UK. We hope that an equivalent approach will not only help the trade in gene edited goods between the EU and UK, but it could also help overcome UK internal market challenges (as it could bring NI, Wales and Scotland into line with England).
In the EU, there will be likely be considerable consultation with stakeholders, Member States and MEPs over the proposal. As ever, it is difficult to gauge how long the legislative process will take in the EU as it may become quite politicised.
Even in the UK, we are still working with the FSA and other stakeholders as to how the new legislation will work in practice, with a likely consultation later in 2023 on how a precision breeding system in England look.
AIC will evaluate the EU's proposals further, and provide a briefing document for members that explains the UK and EU legislation in more detail.
Links to documents
- The European Commission’s FAQ document can be found here.
- A short factsheet can be found here.
- The EU’s full proposal text can be found here.
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