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The new EU Regulation on Genetic Engineering dilutes and abolishes many existing rules, particularly those relating to risk assessment and labelling requirements for genetically modified plants in the newly defined “NGT 1“ category. Nevertheless, such plants are still expressly classified under the law as “genetically modified organisms“ (GMOs). There is a whole range of national protective regulations governing the cultivation of GMOs. These so-called “coexistence rules“ serve to protect those who farm GMO-free, as well as nature reserves, from genetic contamination.

According to a new legal opinion by attorney Dr Georg Buchholz (of GGSC, Berlin), commissioned by the Association Food without Genetic Engineering (VLOG), these protective rules will continue to apply even after the EU’s new regulations on NGT take effect in July 2028 and do not conflict with them.

In 2025, “Ohne Gentechnik“ (Non-GMO) and organic food was sold in Germany for around 36 billion euros. According to the latest market research findings, the majority of consumers want their food to be explicitly produced without the use of new genetic engineering.

“Businesses that wish to meet this growing demand and operate without genetic engineering are particularly reliant on effective protection against contamination following the removal of the labelling requirement for NGT1,” said VLOG Managing Director Alexander Hissting. At the Non-GMO Summit 2026, German Minister for Agriculture Alois Rainer pledged his support to the GMO-free conventional and organic farming and food sectors, ensuring they can continue to operate reliably without genetic engineering – including NGT – even after the new EU regulations come into force. The existing national rules on coexistence with genetic engineering are a sound and tried-and-tested tool for this purpose. Hissting therefore calls for: “Minister Rainer must ensure that the protection rules continue to apply to all types of NGT – as required by the current legal situation, according to the expert opinion.”

Under these protective rules, farms cultivating NGT or other genetically modified crops must inform their neighbours and maintain safety distances from their fields. Areas under NGT cultivation must be entered in the so-called ”site register”. Should NGT contamination occur nevertheless, this could constitute an ”infringement of property rights” for farms that explicitly operate on a GMO-free basis. The NGT growers responsible would be liable for this. This is because, with ”Ohne Gentechnik“ and Organic, all types of NGT – including ”NGT 1” – are excluded in exactly the same way as ”conventional” genetic engineering. Furthermore, there are bans on the cultivation of genetically modified organisms and buffer zone regulations for nature reserves, which, according to the legal opinion, also apply to all types of NGT.

Key findings of the legal opinion ”Coexistence with New Genetic Engineering”:

• Following the adoption of the new EU NGT Regulation (NGT Regulation), NGT1 will continue to be classified as genetically modified organisms (GMOs)
   
• Even with the new NGT Regulation, many national rules on the coexistence of genetically modified organisms remain in force:
  
  • The liability rules for GMOs enshrined in German law also apply to NGT1 if there is an infringement of property rights resulting from an NGT1 introduction.
  
  • National measures to protect against the unintended presence of GMO introductions remain in force. These measures include the obligation for those growing GMOs to inform neighbouring farms, and compliance with distance rules during cultivation by the farm growing GMOs.
  
  • As long as NGT1 plants are not explicitly excluded from the scope of the provisions on the site register in Section 16a of the German Genetic Engineering Act (GenTG), the requirements set out therein therefore continue to apply to NGT1 plants as well.
  
  • The NGT Regulation excludes a labelling requirement for NGT1 – with the exception of seed. Nevertheless, it is possible and sensible for Member States to adopt regulations on contractual disclosure obligations, under which information on the NGT1 status of goods must be passed on along the supply chain.
   
• Nature conservation regulations concerning GMOs in the Member States also remain in force for NGT1. This applies, for example, to cultivation bans in certain nature conservation areas or rules or to buffer zone requirements between GMO cultivation and such nature conservation areas.

Legal opinion “Coexistence with New Genetic Engineering“, Dr Georg Buchholz (of GGSC, Berlin) (German)

Tagesspiegel Background: National NGT rules may take precedence over EU regulations (German)

What are the rules for coexistence with New GMOs? Presentation by Dr Georg Buchholz at the Non-GMO Summit 2026 (Presentation and Video)

Non-GMO Summit 2026: Strong signal - “Non-GMO” has a future!

Legal opinion: "Ohne Gentechnik" must also exclude New Genetic Engineering

Market research: Consumers want clear labelling even for “New Genetic Engineering“ in food