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EU Member States position themselves regarding Hungarian NGT paper
EU Ministers of Agriculture and Fisheries, 23 September 2024 in Brussels, Photo: European Union
Non-paper provides room for discussion
Right at the start of its Council Presidency on 1 July 2024, Hungary, which is fundamentally critical of genetic engineering, reopened the debate on deregulation with an informal request (non-paper) to the Genetic Engineering Working Group of EU Member States. Austria, Croatia, Romania, Slovakia and Germany expressly welcome the Hungarian discussion paper as an opportunity to find solutions to serious issues that have not yet been considered in the deadlocked GMO debate.
NGT-critical states: Concerns and questions need to be clarified
In addition to Austria, Romania responded in particular detail and raised extensive questions regarding regulations on the import and export of NGT products. This point, which has received little attention to date, should definitely be investigated from a legal and economic perspective. Romania quotes reports from the US Department of Agriculture (USDA), lists a number of important agricultural nations that are opposed to NGT plants and is concerned about negative effects on international trade. It calls on the EU Commission to implement a legal framework harmonised with the Cartagena Protocol and to obtain a written opinion from the World Customs Organisation (WCO) on the compatibility of NGT deregulation with the Cartagena Protocol and other international agreements.
It is interesting to note the change in Greece's stance, which had not previously criticised the deregulation plans. In its current statement, however, it has argued in favour of retaining the existing GMO legislation. The country argues in favour of biodiversity and the precautionary principle: These are new technologies and there is no experience regarding the safe use of these plants and their products or their effects on the environment as well as on human and animal health.
Germany is still unable to take a clear position due to differences of opinion between the coalition partners and has so far abstained from voting. However, the Federal Ministry of Food and Agriculture (BMEL) is asking detailed, constructive questions on all nine points of the non-paper and is requesting further information from the Commission, for example on the definition of equivalence criteria, on labelling or on exports to and imports from third countries and on possible violations of the Cartagena Protocol.
Pro-NGT states fail to provide convincing response
As expected, countries that support the Commission's draft expressed their lack of understanding of the new debate initiated by the Hungarian Council Presidency. Ireland, Finland, Sweden, Denmark, Lithuania, Latvia, the Netherlands, Cyprus and Spain belong to the group of NGT supporters who consider NGT plants to be safe, which is why they do not consider additional equivalence criteria, risk assessments, analytical detection methods and traceability as well as continuous product labelling to be necessary. The NGT proponents are in favour of continuing with the negotiations at the point reached under the Spanish and Belgian presidencies by February 2024. However, they do not provide any convincing response to controversial key issues, but repeat the familiar positions practically in unison. No agreement has yet been reached in the Agriculture Council, meaning that the trilogue necessary to continue the legislative process has not yet been started.
No progress expected in reaching a consensus
According to insiders, progress under the Hungarian Council Presidency is unlikely due to the deadlocked positions on the re-regulation of genetic engineering legislation. The next meeting of the responsible working group is not scheduled until mid-November 2024. The next meeting of the agriculture ministers will take place on 23 September 2024. It is not yet clear whether the topic will be on the agenda. Minister István Nagy, current President of the Agriculture and Fisheries Council, promised to support the concerns of businesses when he handed over an Open Letter from the European food industry in favour of transparency and freedom of choice.
In the non-paper, which has been public since 23 August 2024, the afore mentioned Member States have taken a position. Other states that supported the Commission proposal in February have not commented. In the vote in the Agriculture Council in February, 17 pro-NGT states fell short of the necessary qualified majority of 55 percent of EU Member States, representing 65 percent of the population.
The German position in the non-paper