A new proposal on the EU’s plans to loosen the rules on new genomic technologies has been tabled in efforts to break the impasse in negotiations between EU countries. But could this be enough to tip the balance? Natasha Foote brings you the latest.
The new proposal, dated 6 February and seen by ARC, is the latest push from the Polish Presidency to get things moving on the EU proposal to loosen rules on new genetic techniques (NGTs), also known as gene editing or new GMOs. It comes just before the next meeting of experts from member states on 14 February.
In a marked change of heart from previous proposals, the latest proposal scraps restrictions on patenting NGTs – crossing what was previously a red line for Poland, who currently holds the reins of the rotating EU Presidency.
And this is key, given that patents have long been the make or break issue in the Council.
The U-turn comes with new calls for a Commission study on the impact that the patenting of NGT plants may have on innovation in plant breeding, on breeders’ access to plant genetic material and techniques and on the availability of plant reproductive material to farmers, as well as the “overall competitiveness of the EU plant breeding industry”. It also calls for the creation of an expert group on the effect of the patenting of NGT plants.
Patent-ly problematic
Already approved by the Parliament back in February 2024, the file has been stuck at an impasse with its counterparts in the Council over the issue of patents. Patents have proven a particularly sticky point for lawmakers after the Commission chose not to open the pandora’s box of patents in its original proposal.
In short, the big agri companies want to be able to patent – and profit off – these new technologies, arguing this is needed to spur innovation. But small farmers and seed companies warn this leaves them vulnerable to patent abuse and infringement proceedings, while campaign groups such as TestBioTech claim such a move will “significantly exacerbate the problems with monopolisation of seeds” and extreme market concentration dominated by big companies.
News of Poland’s U-turn sparked more than 200 small- and medium-size breeders, farmers, and the organic and non GMO sectors to join forces to denounce the latest proposal, maintaining that it does not adequately address the patent issue. Signatories add they are “deeply worried” by the attempts to rush an agreement in light of the “potential risks of new GMOs for human health and nature and of the many outstanding unresolved issues on the table”.
Despite heavy lobbying, the European Parliament backed a full ban on patents for all NGT plants and plant material, maintaining that this is needed to “avoid legal uncertainties, increased costs and new dependencies for farmers and breeders”.
But the issue proved difficult to overcome in the Council, where Poland, along with enough countries to block the progress of the proposal in the Council, sided with the Parliament – until now.
The change of heart is notable because, with 8% of the vote, a green light on the proposal from the central European country could be just enough to tip the scales in support for a general position.
However, there is currently no guarantee that Poland will back its own proposal. This might seem odd, but as the current holder of the rotating EU presidency, Poland has a role as an ‘honest broker’ in policy discussions. “The question is whether Poland is really on board as it’s a 180 degrees change in position and their vote is needed as none of the other countries in the blocking minority are likely to move,” one EU source told ARC.
Poland has long been against permitting patents on the new technology, with its agriculture minister repeatedly expressing that the technology should be widely available to farmers rather than remaining in the hands of large corporations.
That being said, from its position as current holder of the Presidency, Poland also has more power to set the agenda when it comes to policy talks, and its significant efforts on the file suggest that NGTs was a key priority for Poland.
What now?
Whether this will be enough to break the impasse is as yet unclear, but the early signals are tentatively positive from several EU countries, with some suggesting that it could help shift things closer to a majority. More will be known in the coming days.
But, even if Poland formally backs the proposal, the margins are tight and, as things currently stand, it might not quite be enough to swing support. The deciding vote may rest on small countries like Belgium, who previously abstained due to internal regional conflicts. But, with its recent change in government, there could now be space for their position to move.
However, even if a general position in the Council is secured, there will still be an uphill battle ahead through the inter-institutional talks (known as ‘trilogues’ in EU-speak) given that the move goes squarely against the European Parliament’s position.
ARC will be keeping its eyes on all the goings-on in Brussels and update you in the coming days as new information comes to light.
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