Committee calls for more information on EU gene-editing proposals

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• European Scrutiny Committee

The European Commission has proposed establishing new regulations for plants that are developed through new genomic techniques (NGTs) such as gene-editing.

Under the EU proposals, plants that contain genetic material from the same or a ‘crossable’ plant – that could occur naturally or via traditional breeding – will be subject to simpler and less onerous regulations than was previously the case. Those plants that contain genetic material from uncrossable plants will continue to be covered by previous EU legislation.

The EU’s existing regulations for genetically modified organisms (GMOs) were established in 2001. But a variety of NGTs have been developed in the following years and are not currently covered by these regulations. A 2021 European Commission study into the issue found that the current rules meant that EU members were “significantly lagging” behind competitors on NGTs.

In an Explanatory Memorandum, Mark Spencer, the UK’s Minister of State for Food, Farming and Fisheries, said that England was “ahead of the EU” on this issue. He said the EU’s proposals were similar to those set out in the Precision Breeding Act, passed in March 2023.

The Precision Breeding Act does not apply in Scotland or Wales, which had previously chosen to align closer to the EU’s original position. The Minister said neither country currently had plans to amend its own approach to regulating gene-edited crops, but said the UK Government would continue to engage with devolved governments on the issue. 

However, the Minister acknowledged that the EU understanding of what plants should be considered equivalent to those bred traditionally might differ from the UK’s.

Sir William Cash, Chair of the European Scrutiny Committee, has written to the Minister, pressing for more information on this issue. He wrote that understanding the difference would be critical to understanding what products an English producer could market in Northern Ireland, compared to a Northern Ireland producer in the same market.

Also in today’s publication:

Windsor Framework: The EU Construction Products Regulation and UK building safety policy

This proposed regulation would significantly change the EU’s Construction Products Regulation, which governs how some building materials can be described to potential buyers, for example in terms of fire safety.

As the Regulation continues to apply in Northern Ireland, through the Windsor Framework, it could affect UK domestic regulation of building materials under the Building Safety Act 2022.

Windsor Framework: Packaging and packaging waste

An EU proposal to ban unnecessary packaging and encourage re-filling continues to apply in Northern Ireland through the Windsor Framework. As domestic policy from the UK Government and Devolved Administrations in this area evolves – such as Scotland’s deposit return scheme – policymakers will need to continue to take account of the EU’s approach.

Windsor Framework: Plant and forest reproductive material

The European Commission has proposed changes to its rules regulating material used for the reproduction of plants and tree planting, which will apply in Northern Ireland through the Windsor Framework. This will create a divergence between the UK and EU, although the extent of that divergence is not yet clear.

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Image: UK Parliamentary/Tyler Allicock