The core of the European Commission's proposed regulation is the classification of NGT techniques into two categories. Plants and natural foods whose genetic alteration can also occur through natural mutation are no longer classified as genetically modified food. However, all other NGT plants must still fall under the rules for genetically modified organisms.
But the position now reached by the EU countries does not resolve some sensitive issues, such as introducing a ‘notification requirement’ on labels when food has been processed using GMO techniques. The EU countries avoid making that choice by including the possibility of an opt-out, leaving the authorization of certain new techniques up to the individual countries.
The Council's compromise allows EU countries to ban the cultivation of second-category NGT plants on their territory. They may also take measures to prevent the spread of these plants both within their borders and across borders. Germany disagrees with such an exception rule.
Criticism of the majority position now taken by the EU countries comes, among others, from Green Members of the European Parliament. German MEP Martin Häusling described the proposal as ‘radical deregulation’ and criticized the lack of requirements regarding labeling, traceability, and liability.
With the negotiation mandate from the EU countries, trilogue negotiations with the European Parliament and the European Commission can now begin. Only once an agreement is reached between the three institutions can the regulation be adopted and enter into force.
The European Parliament has previously advocated for stricter regulations, particularly concerning labeling and patent law. Organic farming and GMO-free production systems are especially at risk. The current Commission proposal abolishes the rules that allow the coexistence of organic and conventional farming with genetic manipulation.

