Slovenia not in favour of the agreement on the proposal for a regulation on plants obtained by new genomic techniques

On 3 December 2025, the European Commission, the European Parliament and the EU Council reached a provisional agreement on the proposal for a regulation on plants obtained by certain new genomic techniques (NGTs) and their food and feed, establishing the relevant legal framework at the Union level.

The agreement includes a simplified authorisation procedure for NGT-1 plants that are equivalent to conventional plants, whereby their offspring are not subject to additional verification. NGT-1 plants and products are not labelled, with the exception of seeds and reproductive material. This allows operators to ensure NGT-free chains if they choose to do so. The exclusion list of intended traits for NGT-1 plants includes tolerance to herbicides and production of a known insecticidal substance; such plants fall under the category of NGT-2, which are subject to stricter regulations, including mandatory labelling and traceability. Member States may exercise their right to opt out from the cultivation of NGT-2 plants on their territory, while also having the possibility of implementing measures to avoid the unintended presence of such plants in other products. The agreement also addresses intellectual property issues: the registration of NGT-1 plants requires the submission of all patents or patent applications published in a publicly available database, and companies may also voluntarily indicate their intention to license. Furthermore, a patenting expert group will be established to examine the impact of patenting on innovation and the sector’s competitiveness. One year after the entry into force of the regulation, the Commission will conduct a study on the impact of patents on the availability of seeds, innovation and the competitiveness of the European plant breeding sector, with the possibility of further legislative measures if necessary.

In Slovenia’s view, the agreement fails to address key issues such as risk assessment, labelling, traceability, analytical methods, Member States’ autonomy in decision-making and cultivation conditions – points that Slovenia consistently and actively highlighted during consideration. According to Slovenia, the lack of appropriate tools would make official control extremely difficult. Unintended genetic changes resulting from the use of new genomic techniques (NGTs), which may differ from random mutations, require adherence to the principle of prudence and prior risk assessment. Without this, there could be negative impacts on cultivation, human and animal health and the environment. With regard to patenting, Slovenia has emphasises that this issue should primarily be addressed in the context of patent legislation.

For the abovementioned reasons, Slovenia is not in favour of the agreement and opposes the adoption of the regulation in its proposed form. Slovenia does not oppose progress, but advocates introducing innovations with due caution, taking into account scientific findings and prioritising the protection of health, the environment and freedom of choice over economic interests, particularly when releasing organisms into the environment – a process that is irreversible and may have long-term consequences.