Tuesday 21st April will be the next (and perhaps final) milestone meeting for negotiators trying to seal a deal on the overhaul of the EU’s seed legislation. On the very same day, the Council is to vote on the EU’s proposal to loosen the rules around new genetic technologies. For the Seeds4All project, Natasha Foote explains what’s at stake in these two crucial files.
High stakes for seeds
Let’s start with the EU’s seed legislation. A key issue still on the menu for discussion is seed marketing and exchange – or, in other words, which kind of exchanges fall under the scope of marketing. Seed organisation ARCHE NOAH warns that, without this clarification, ‘marketing’ could be understood as “virtually any action – even the free distribution or transfer for conservation purposes”.
It’s a clear faultline in discussions, with the European Parliament calling for clarity to protect non-commercial activities – such as those carried out by schools, local communities or small-scale initiatives – whilst the Council roots for a broader scope of application.
An EU diplomatic source close to the negotiations said that the Council’s aim is to find a compromise which “doesn’t create a parallel market” but still offers “flexibility” to farmers in a way that doesn’t leave the system open to loopholes to be exploited by bigger players.
One element moving the discussion along is considering farmer-to-farmer exchanges as “mutual aid” rather than an exchange, the diplomat added. This is something that has been called for by small farmers’ association ECVC. However, the diplomat called any monetary exchange a “hard red line” for the Council.
It also remains to be clarified who is permitted to pass on Plant Reproductive Materials (PRM) for conservation purposes: the Parliament is calling for broad exemptions, whilst the Council wants to impose strict restrictions. Of particular relevance are so-called “conservation varieties”, varieties that are important for food security and climate adaptation.
The Council side argues that this can be circumnavigated via local and regional ‘derogations’ (exemptions) to the rules, arguing this would be quite a simple “notification” procedure.
Another key sticking point is in the horizontal so-called control regulation, the legal framework for monitoring, checks and controls on the ground. The sticking point here is, as often the case, money – namely, whether member states will be obliged to put a certain amount of money towards controlling the impacts of this on the ground. Insiders say EU countries are currently “50/50” on the issue.
Despite the differences remaining, an EU diplomatic source was confident about being about to cross all the “technical” parts of the discussions, and hopeful that the political elements of the file could also be overcome. “We’re hoping to be able to wrap this up in April,” he said, adding that it looks “optimistic”.
Greenlight on new GMOs
But there’s more fun to come that very same day, which will also likely be D-day (or V-day, depending which side of the battle you’re on) for the EU plans to loosen the rules on the use of new GMOs — the so-called new genetic technologies — but it’s not a done deal just yet.
The proposal still needs approval from the Parliament and a final green tick from the Council. The most likely timeline on the table is that Council vote is still set for 21 April. This should be followed by a committee vote (date TBC, around 4/5 May) and then the final vote in the May plenary in Strasbourg.
So could this be the final nail in the coffin for a GM-free Europe? Well, it’s not quite a done deal just yet.
There are plenty of lawmakers in the Parliament who are unhappy with the deal agreed back in December, which crosses a number of their red lines. This includes the use of patents as well as questions around sustainability definitions and breeders’ exemptions.
While it’s too early to say how it will play out, groups in the Parliament are mobilising to table amendments which — with a bit of luck and potentially support from both ends of the political spectrum — could just about be enough to put a spanner in the works.
In the event that an amendment passes, it would pass the process back to the Council for more negotiations. If it’s a major change, it would require more working on the file.
The chances are slim that could happen, but not impossible. Either way, the sealing of the changes in the coming months will present a major change for the EU’s seed and agrifood sector, opening the door to new genetic technologies.
The Seeds4All project has been following developments in the seed marketing legislation and NGT files for the past two years. Visit the Seed Policy page to catch up on the negotiations – it’s a useful tool to track the process all the way back to 2023.
To understand the bigger picture of the future of seeds, listen to the podcast mini-series What Seeds For Tomorrow? produced by Seeds4All and Seed Carriers.
Have thoughts to share on this topic? Join the conversation on LinkedIn and Bluesky!
More
The Future of Seeds: The Power Play Between Patents and New GMOs
Whats Seeds for Tomorrow? A Podcast Mini-Series by Seeds4All and Seed Carriers
How to Cultivate Knowledge for Seed Autonomy? Part 1 – Who Teaches the Seeds?
Where The Untended Feeds Us – Cécile Gilquin’s “Tiers-Paysage”
Letter From a …Forager! Third Landscapes and Edible Wild Plants
Crafting the Collective – Tijs Boelens’ Vision for a Farmer-Led Grain Revival
The EU Has the Funds but Lacks Focus – This Farm Shows What’s Possible with Both
Re-Sowing the Seeds of Connection in Switzerland, Part I – Nurturing What We Have
