The European Parliament adopted a position on the European Commission proposal regarding New Genomic Techniques (NGTs) on 7th February 2024. MEPs supported the new rules, agreeing that NGT plants comparable to naturally occurring varieties or varieties that are produced by conventional breeding techniques and their progeny obtained by conventional breeding techniques, should be exempted from the strict requirements of GMO legislation.
The European Parliament emphasises the critical role of the breeder's exemption in promoting agricultural innovation and supporting the endeavours of breeders and farmers. It advocates for the protection of intellectual property related to NGT plants through the Community Plant Variety Rights (CPVR) system, as specified in Council Regulation (EC) No 2100/94. The breeder's exemption plays a pivotal role in the field of agricultural development and plant breeding. It is a provision of Council Regulation (EC) No 2100/94 that allows breeders to use existing plant varieties protected by intellectual property rights, specifically plant variety rights, to create new varieties without requiring permission from the original variety's rights holder.
The breeder’s exemption is crucial for several reasons:
By enabling breeders to freely access a wide range of genetic material, the breeder's exemption fosters an environment of innovation. It encourages the development of new plant varieties that can be more productive, resilient, and better suited to changing environmental conditions and agricultural needs.
The exemption contributes to the preservation of biodiversity by allowing breeders to explore and incorporate diverse genetic traits found in existing varieties. This genetic diversity is key to developing plants that can withstand pests, diseases, and climatic stresses.
The freedom to use protected plant varieties without legal or financial constraints significantly reduces barriers to research and development in the agricultural sector. It supports both public and private breeding efforts, leading to advancements in crop science and agronomy.
A recent study has highlighted the positive impact of the Community Plant Variety Rights system (CPVR) on the EU economy and the environment, and providing incentive for investments in R&I from companies of all sizes, including an extremely large number of breeding SMEs