G/SPS/N/EU/687  
31 October 2023  
(23-7321) Page: 1/3 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  NOTIFICATION  
1. Notifying Member:  EUROPEAN UNION  
If applicable, name of local government involved:   
2. Agency responsible:  European Commission, Health and Food Safety Directorate -General  
3. Products covered (provide tariff item number(s) as specified in national 
schedules deposited with the WTO; ICS numbers should be provided in addition, 
where applicable):  Plants obtained by certain new genomic techniques ; Food and feed 
containing, consisting of, or produced from these plants ; Other products containing or 
consisting of these plants  
4. Regions or countries likely to be affected, to the extent relevant or practicable : 
[X] All trading partners   
[ ] Specific regions or countries:   
5. Title of the notified document:  Proposal for a Regulation of the European Parliament 
and of the Council on plants obtained by certain new genomic techniques and their food 
and feed, and amending Regulation (EU) 2017/625 (Text with EEA relevance) . 
Language(s):  English, French, Spanish . Number  of pages:  70+Annex  
https://members.wto.org/crnattachments/2023/SPS/EEC/23_13232_00_e.pdf  
https://members.wto.org/crnattachments/2023/SPS/EEC/23_13232_01_e.pdf  
https://members.wto.org/crnattachments/2023/SPS/EEC/23_13232_00_f.pdf  
https://members.wto.org/crnattac hments/2023/SPS/EEC/23_13232_01_f.pdf  
https://members.wto.org/crnattachments/2023/SPS/EEC/23_13232_00_s.pdf  
https://members.wto.org/crnattachments/2023/SPS/EEC/23_13232_01_s.pdf  
6. Description of content:  On 5 July 2023, the European Commission adopted a legislative 
proposal for a Regulation on plants produced by certain new genomic techniques (NGTs) 
and their food and feed. The proposal is part of a package of proposals to ensure resilient 
and sustainable use o f the EU's natural resources.  
The proposal sets out specific rules for the deliberate release into the environment for any 
other purpose than placing on the market of plants obtained by targeted mutagenesis and 
cisgenesis (including intragenesis) and for t he placing on the market of food and feed 
containing, consisting of, or produced from such plants, and of products, other than food 
or feed, containing or consisting of such plants ('NGT plants and products'). It is supported 
by an impact assessment and ta kes account of the scientific work from the European Food 
Safety Authority, the Commission's Joint Research Centre and other scientific bodies (for 
further information see impact assessment, section 1.1. and Annex 6).  
The objectives of the proposal are to:  
1. Maintain a high level of protection of human and animal health and of the environment;  
2. Enable the development and placing on the market of plants and plant products 
contributing to the innovation and sustainability objectives of the European Green Deal 
and of the Farm to Fork and Biodiversity strategies;  
3. Ensure the effective functioning of the internal market and enhance the 
competitiveness of the Union agri -food sector at the Union and global levels.  G/SPS/N/EU/687  
 
- 2 - 
 
  The main measures of the proposal include:  
1. The proposal  (in Chapter I) makes the deliberate release and placing on the market of 
NGT plants and products subject to one of two procedures: verification procedure to 
establish equivalence with conventional plants/products or authorisation in accordance 
with EU leg islation on GMOs ; 
2. Chapter II of the proposal provides for a verification procedure and criteria to verify 
whether NGT plants/products obtained by targeted mutagenesis or cisgenesis could also 
have been obtained naturally or by conventional breeding techniq ues, based on the 
criteria laid down in Annex I ('category 1 NGT plants'). Category 1 NGT plants/products 
are exempted from the requirements of the GMO legislation, and subject to the rules on 
conventionally bred plants. Transparency is ensured in a public  database, through 
labelling of the seeds and through the relevant registers on plant varieties ; 
3. Chapter III of the proposal applies to NGT plants/products which do not meet the 
criteria to consider that they could also be obtained naturally or by conventi onal 
breeding ('category 2 NGT plants'). They remain subject to the rules on GMOs with 
adaptations as regards risk assessment, detection method, monitoring and renewal 
requirements. They are made subject to traceability and labelling requirements of the 
GMO legislation, with the possibility of a voluntary label to indicate the purpose of the 
genetic modification. The proposal includes regulatory incentives for Category 2 NGT 
plants/products featuring traits that could contribute to the overall performance o f 
varieties as regards sustainability (Annex III to the proposal) ; 
4. The proposal provides that NGT plants/products are prohibited in organic production ; 
5. The proposal includes provisions for the monitoring of economic, environmental and 
social impacts of NGT  plants and products, supporting implementation reports and the 
future evaluation of the legislation.  
This Proposal for a Regulation will also be notified under the TBT Agreement  
7. Objective and rationale: [X]  food safety, [  ] animal health, [  ] plant protection, 
[ ] protect humans from animal/plant pest or disease, [  ] protect territory from 
other damage from pests.   
8. Is there a relevant international standard? If so, identify the standard:  
[ ] Codex Alimentarius Commission (e.g.  title or seri al number of Codex 
standard or related text) :  
[ ] World Organization for Animal Health (OIE) (e.g.  Terrestrial or Aquatic 
Animal Health Code, chapter number) :  
[ ] International Plant Protection Convention (e.g.  ISPM number) :  
[X] None  
Does this proposed regulation conform to the relevant international standard?  
[ ] Yes   [  ] No 
If no, describe, whenever possible, how and why it deviates from the 
international standard:   
9. Other relevant documents and language(s) in which these are available:   
Impact assessment – executive summary (E nglish, French, Spanish ) 
English : 
https://food.ec.europa.eu/system/files/2023 -09/gmo_biotech_ngt_ia_report_swd -2023-413_en.pdf  
French : 
https://food.ec.europa.eu/system/files/2023 -09/gmo_biotech_ngt_ia_report_swd -2023-413_fr.pdf  
Spanish : 
https://food.ec.europa.eu/system/files/2023 -09/gmo_biotech_ngt_ia_report_swd -2023-413_es.pdf  
Impact assessment  - English: 
https://food.ec.europa.eu/system/files/2023 -07/gmo_biotech_ngt_ia_report.pdf  G/SPS/N/EU/687  
 
- 3 - 
 
  10. Proposed date of adoption (dd/mm/yy) : 5 July 2024  
Proposed date of publication (dd/mm/yy) : 5 July 2024  
11. Proposed date of entry into force: [  ] Six months from date of publication , and/or  
(dd/mm/yy) : The proposal is  currently under discussion by the EU legislative bodies 
following the relevant EU legislative procedure ("ordinary legislative procedure"). After its 
adoption, the proposal would enter into force on the 20th day following the publication in the 
Official Journal of the European Union. It wo uld apply two years after the entry into force.  
[ ] Trade facilitating measure   
12. Final date for comments: [X]  Sixty days from the date of circulation of the 
notification and/or (dd/mm /yy): 30 December 2023  
Agency or authority designated to handle comments: [X]  National Notification 
Authority, [X]  National Enquiry Point. Address, fax number and e -mail address (if 
available) of other body:   
European Commission  
DG Health and Food Safety, Unit A4 -Multilateral International Relations  
Rue Froissart 101  
B-1049 Brussels  
Tel: +(32 2) 29 54263  
E-mail: sps@ec.europa.eu  
13. Text(s) available from: [X]  National Notification Authority, [X]  National Enquiry 
Point. Address, fax number and e -mail address (if available) of other body:   
European Commission  
DG Health and Food Safety, Unit A4 -Multilateral International Relations  
Rue Froissart 101  
B-1049 Brussels  
Tel: +(32 2) 29 54263  
E-mail: sps@ec.europa.eu