In our recent bulletins we shared an EU update on the formal adoption of the Regulation on plants obtained by certain New Genomic Techniques (NGTs).
- The Regulation was published on 26 June 2026, entered into force on 16 July 2026, and will largely apply from 17 July 2028. Articles 29, 30 and 31 apply from 16 July 2026. During the two-year implementation period, the European Commission will develop implementing acts and guidance.
- Compared with the 2025 provisional text, the formally adopted NGT Regulation (EU) 2026/1388 retains the two-tier system for Category 1 and Category 2 NGT plants but introduces additional safeguards including restrictions on certain Category 1 traits (such as herbicide tolerance), a more detailed public database and greater flexibility for Member States to adopt coexistence and cultivation measures.
- Stakeholders are invited to share feedback on potential impacts for Northern Ireland while we await further clarity on SPS UK-EU Alignment. BRC is happy to collate any feedback. Note: there is no deadline given.
- To support consideration of the EU Regulation, further information on NGTs is available here. EFSA also have an information page here.
Key information for members so far:
- The EU Regulation’s two NGT categories appear broadly similar to the UK’s two-tier process, in that they distinguish between genetic changes that could occur naturally or through traditional breeding and those subject to a stricter process and risk assessment. However there is a difference in the formality/process and how in the EU category 2 NGTs remain GMOs. We've also noted in the EU, certain plants with herbicide would automatically fall under category 2 NGTs.
- The divergence noted from previous discussions was around the EU having labelling requirements for seeds falling in category 1 and for all NGTs falling in category 2 (this category maintains the traceability and labelling requirements of the GMO legislation, which isn't the case in the UK).
- There is similarities in the use of a public register / database, and that organic production isn't in scope.
Useful information shared by a fellow stakeholder:
Planned activities and milestones at EU and Member State level leading up to the application of the new rules include:
- Delegated and Implementing Acts: The Commission will adopt acts specifying information requirements and procedures for both categories, ensuring harmonisation and legal certainty.
- Guidance: EFSA and the EU Reference Laboratory will issue guidance on verification, risk assessment, and analytical methods to support operators and authorities.
- Member State Preparations: National authorities must establish verification procedures, adapt legislation and administrative processes, and prepare for controls and enforcement.
- EU Administrative Preparations: The Commission and EFSA will adapt internal procedures and capacity to manage new tasks, including centralised verification and enhanced pre-submission advice.
- Patents: Measures include guidance on plant IP, a voluntary stakeholder Code of Conduct on patents, and an expert group to monitor patent impacts.
- IT Systems: Adaptation of EU and national IT platforms for submissions, decisions regarding NGT plants.
- Monitoring Programme: Establishment of an indicator-based programme to assess environmental, economic, and social impacts.
- Communication and Outreach: Public awareness campaigns, and international engagement to ensure understanding and compliance.
See link below for more on the implementation strategy.
Updates for the UK notices/decisions (will need to consider SPS impacts):
- We noticed the following news article regarding the UK's precision bred potato approval for disease-resistant Maris Piper. The article shared resistance to blight and potato viruses, reducing the need for chemical control. See official notice from Defra here, which confirms crops qualifying as precision bred. This is positive news and is a crop example that would be of interest to the EU, so we will continue to monitor any developments in the next stages of the process.
We also noticed the following notice for rapeseed plant.
