Poland rushes GMO reform: will genetically modified food become the norm?

EC proposes to exempt plants created by new gene editing technologies from strict GMO regulation

The regulation of genetically modified organisms (GMOs) has recently been the subject of increasing debate in the European Union (EU), particularly in the context of next-generation gene editing technologies. Poland, which has taken over the Presidency of the Council of the EU, says it wants to make progress in this area, but the process faces many obstacles. For 18 months, EU governments have disagreed on when next-generation genetically modified crops could be treated as traditional varieties and whether they should be patented, giving producers monopoly rights^[1].

As early as July 2023, the European Commission (EC) proposed that plants developed with new genomic technologies (NTTs) should be excluded from the strict regulatory framework for GMOs under the 2001 GMO Regulation. Unlike first-generation GMOs, these plants are not created by inserting foreign genes, but instead use subtle genetic corrections.

The Commission seeks to create a new class of genetically modified crops for such plants, called "Category 1", which would allow them to be considered under EU law equivalent to conventionally bred, all-natural plants.

This change would allow plants developed by NGR to avoid strict regulations that still apply to first-generation GMOs. These are genetically modified plants that, for example, resist pesticides or have a longer shelf life because a foreign gene has been inserted into them.

Under current legislation, EU Member States can ban the cultivation of GMOs on their territory. At present, almost all countries make use of this option, except Spain.

Poland seeks to speed up changes in GMO regulation and proposes a compromise option

As soon as it took over the Presidency of the Council of the EU, Poland rushed to resolve these stalled disagreements on GMOs as quickly as possible. According to published documents, Poland wants innovative GMO crops to be exempted from the strict EU licensing and traceability requirements currently applicable to conventional GMOs.

While Hungary calls for a slow start, a reopening of the debate, and a return to the previous definition of plants, Polish politicians suggest ignoring Hungary's talk.

Polish officials stressed in their compromise proposal presented on 7 January that concerns about plant patenting must be addressed to achieve a sufficient majority in the EU Council. They, therefore, propose that the classification as "category 1" should be based exclusively on biological characteristics and not on whether the plants are patented.

The European Parliament is currently taking the position that NGT plant patents should be completely banned in order to avoid monopolies and, at the same time, ensure fair competition in the market. And the option proposed by Poland would hardly contribute to reducing the power of agrochemical companies.

Scientists and environmentalists have expressed concern about the equation of modified plants with natural ones

The main disagreement is how NGT plants will be defined and valued. The European Commission proposes that the equivalence of these plants to natural plants should be determined by a threshold of up to 20 nucleotides of change in DNA molecules. However, environmental activists and scientists warn that even small changes in the genome can lead to undesirable or dangerous traits^[2].

Astrid Österreicher, a policy specialist at the German TestBiotech organization, stressed that such a limit is a false assumption, as any new genetic changes must be carefully assessed for risks. She said that all new plant strains should be thoroughly tested to ensure the safety of people and the environment.

Government representatives will discuss Poland's compromise proposal in a closed-door debate in Brussels as early as 20 January. A political agreement at the ministerial level is needed before the Council can enter into final negotiations with the European Parliament.