Advice Differences in EU positions regarding Annex I of the NGT-legislation

COGEM was requested by the Dutch Ministry of Infrastructure and Water Management to provide advice on the differences between the positions of the European Parliament (EP) and the Council of the European Union regarding Annex I of the new legislation for plants produced using “new genomic techniques” (NGTs). COGEM evaluated these positions based on the proposed principle of European Commission (EC), which considers NGT1 plants comparable to plants developed through natural or conventional breeding techniques.
Between the two annexes there are significant differences in terms of the number and nature of permitted genetic modifications. The European Parliament allows a greater number of modifications but imposes stricter conditions on where these modifications can occur. In contrast, the Council sets a limit on the number of modifications allowed but does not specify requirements for where they can be made. Additionally, there are differences in interpretation regarding terms such as inversions, cisgenesis, and chimeric proteins. COGEM highlights several points of improvement for both positions to better align them with the principle of equivalence to plants developed through conventional breeding techniques.
COGEM emphasizes the importance of clear terminology in Annex I. COGEM notes that detection and monitoring the spread of NGT1 plants in practice will be difficult to implement, partly due to the high costs involved.