G/SPS/GEN/2142  
 
12 July 2023  
(23-4706) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  
EUROPEAN COMMISSION PROPOSAL ON PLANTS  OBTAINED  
BY CERTAIN NEW GENOMIC TECHNIQUES AND THEIR FOOD AND FEED  
COMMUNICATION FROM THE EUROPEAN UNION  
The following document, received on 12 July 2023, is being circulated at the request of the 
Delegation of the European Union . 
 
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On 5 July 2023, the European Commission adopted a legislative proposal for a Regulation on plants 
produced by certain new genomic techniques (NGTs) a nd their food and feed.1 The proposal is part 
of a package of proposals to ensure resilient and sustainable use of the European Union's  natural 
resources.2 
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 the placing on the market of food and feed containing, consisting of 
or produced from such plants, and of products, other than fo od or feed, containing or consisting of 
such plants ( 'NGT plants and products '). 
1  THE OBJECTIVES OF THE PROPOSAL ARE TO:  
− Maintain a high level of protection of human and animal health and of the environment;  
− 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;  
− Ensure the effective functioning of the internal market, and enhance the compet itiveness of 
the Union agri -food sector at the Union and global levels.  
2  THE MAIN MEASURES OF THE PROPOSAL INCLUDE:  
2.1.  The proposal (in Chapter I) makes the deliberate release and placing on the market of NGT 
plants and products subject to one of two procedure s: verification procedure to establish equivalence 
with conventional plants/products or authorisation in accordance with EU legislation on GMOs3: 
− Chapter II of the proposal provides for a verification procedure and criteria to verify whether 
NGT plants/pr oducts obtained by targeted mutagenesis or cisgenesis could also have been 
obtained naturally or by conventional breeding techniques, based on the criteria laid down 
in Annex I ( 'category 1 NGT plants '). Category 1 NGT plants/products are exempted from 
 
1 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, 
COM(2023) 411 final - 2023/0226 (COD) . 
2 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, 
THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Ensuring 
resilient and sustainable use of EU's natural resources, COM(2023) 410 final . 
3 Directive 2001/18/EC of the European Parliament and of the Council  of 12 March 2001 on the 
deliberate release into the environment of genetically modified organisms and repealing Council Directive 
90/220/EEC, OJ L 106, 17.4.2001, p. 1 –39 and Regulation (EC) No 1829/2003 of the European Parliament and 
of the Council of 22  September 2003 on genetically modified food and feed, OJ L 268, 18.10.2003, p. 1 –23. G/SPS/GEN/2142  
 
- 2 - 
 
  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.  
− Chapter III of the proposal ap plies to NGT plants/products which do not meet the criteria to 
consider that they could also be obtained naturally or by conventional 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 incl udes 
regulatory incentives for Category 2 NGT plants/products featuring traits  that could 
contribute to the overall performance of varieties as regards sustainability (Annex III to the 
proposal).  
2.2.  The proposal provides that NGT plants/products are prohibite d in organic production . 
2.3.  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.  
2.4.  The proposal will be disc ussed by the EU legislative bodies and adopted following the ordinary 
legislative procedure.  
More information:  
a. Documents:  
− Proposal for a Regulation of the European Parliament and of the Council on plants obtained 
on new genomic techniques and their food an d feed, and amending Regulation 
(EU) 2017/625:  
https://food.ec.europa.eu/system/files/2023 -07/gmo_biotech_ngt_proposal.pdf  
− Annexes to the Proposal for a Regulation of the European Parliament and of the Council on 
plants obtained on new genomic techniques and their food and feed, and amending 
Regulation (EU) 2017/625:  
https://food.ec.europa.eu/system/files/2023 -07/gmo_biotech_ngt_proposal_annex.pdf  
b. Website:  
− New techniques in biotechnology:  
https://ec.europa.eu/food/plants/genetically -modified -organisms/new -techniques -
biotechnology_en  
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