Europe

In March 2024, the European Commission announced measures aimed at driving what it called a “biotechnology revolution”, including a proposal for a “law” in 2025. This announcement came at a time when a number of legislative dossiers relating to biotechnology had already reached an impasse, such as the deregulation of plant GMOs. As Denmark, a fervent supporter of biotechnology, prepares to take over the Presidency of the Council of the EU from July 2025, is the Commission planning to bring everything together in a general “biotech law” to complicate political debates and force the issue through? The European Parliament has just taken up the issue on its own initiative.

The algae that live in rivers and the sea have been the focus of a great deal of attention in recent years. Whether micro, macro, green, brown, red… they are currently at the heart of an industrial development project for which the European Commission is active. These GMO algae could be deregulated if the European Commission’s July 2023 proposal were to be approved, as they will undergo genetic modification to be transformed into production facilities for pharmaceuticals, cosmetics, food and agrofuels. This article is a first dive into a world that has gone unnoticed until now.

In July 2023, the proposal to deregulate GMOs obtained using new genetic modification techniques (known as “new genomic techniques” – NGTs) highlighted a sensitive issue that is still under discussion: patents. Patents are fiercely criticised for their many negative effects on the rights of farmers and traditional seed producers, as well as on biodiversity. A report commissioned by the European Green Party addresses this issue and suggests ways out of the impasse.

In January 2025, Poland, president of the Council of Europe, put a proposal on the table of EU member states to “solve” the patent problem that had arisen in the debate on deregulating GMOs obtained by new techniques. Complex and of uncertain effectiveness, the Polish proposal has plunged everyone into doubt. Discussions on this text may therefore not be concluded before Denmark, whose government supports total deregulation of GMOs, takes over the presidency of the European Union.

For a year and a half, the Council of the European Union has been unable to reach an agreement on the deregulation of GMOs, mainly because of the problems posed by patents on those GMOs or on the techniques used to obtain them. According to Copa-Cogeca, those two issues should be dealt with separately. Its proposal is to adopt the deregulation of GMOs as quickly as possible and postpone the study of the problem posed by patents. Even if it means forgetting that farmers are indeed affected by patents.

The Svalbard Global Seed Vault (Svalbard, Norway), often nicknamed the “seed vault”, plays a special role in preserving genetic biodiversity. Its main mission, focused on the long-term conservation of seed samples, is officially to preserve the diversity of plant genetic resources and ensure their accessibility in the event of disasters. However, a closer look at how it works reveals the considerable influence and interests of pro-GMO players in its governance. Who will really benefit from Svalbard, the multinationals or the farmers?

Mon810 maize is the only transgenic GM plant authorized for commercial cultivation in the European Union. This authorization was initially granted, via France, almost 30 years ago, in 1998, for an initial period of 10 years. A renewal application was submitted in 2007. Since then, no decision has been taken by the European authorities. How this maize, which authorization theoretically expired in 2008, can still be grown legally in Europe? Simply because European law accepts that, as long as the European Commission has not responded to a request for renewal, the initial authorization remains valid. To date, it’s been 15 years that the Commission fails to respond to Bayer/Monsanto’s request.

On 15 October 2024, the European Patent Office (EPO) upheld KWS’s patent for cold-resistant maize. This decision is likely to raise serious concerns among European seed breeders, who may now feel threatened in their breeding work. The patent covers maize plants containing a naturally occurring genetic sequence, which restricts the freedom of breeders to develop new varieties. The “oral proceedings”, which took place before the EPO Opposition Division and which Inf’OGM attended by video-conference, gave rise to some unusual and revealing exchanges. This case shows once again that patents can indeed be tools for appropriating seeds developed by farmers and/or breeders.

After genetic sequences and DNA, here comes RNA, the new flagship molecule in biotechnology that is supposed to solve agricultural and health problems. Companies in this field are flourishing. Among them is GreenLight Biosciences, a company that was on the verge of bankruptcy when it was bought by the investment fund Fall Line Capital.

For almost 15 years, European and French experts have been recommending that Bayer improve environmental monitoring of commercial Mon810 corn crops in Spain and Portugal. This improvement is necessary, they say, to prevent target insects such as the European corn borer and sesamia from developing resistance to the insecticide produced by this transgenic corn. But year after year, Bayer only partially responds to these requests. Yet concerns are becoming increasingly serious and concrete, as demonstrated by the latest EFSA opinion, published in August 2024.

In Norway, the Institute of Marine Research (IMR)i has filed a trial application, in 2023, for genetically modified salmon (VIRGIN® salmon). These salmon, bred in cages in the open sea, would be sterile to prevent them from interbreeding with wild populations in the event of accidental dissemination. The Norwegian Environment Agency asked the Norwegian Scientific Committee for Food and the Environment (VKM) to assess the associated environmental risks. VKM’s opinion was highly critical, stating that there was insufficient evidence to consider the trial safeii. In April 2024, after having considered new data, VKM reiterated its negative opinion on this GM salmon trial.

In April 2024, Inf’OGM reported on its interview with a Dutch seed company feeling threatened by KWS patents. This is not an isolated case since De Bolster, another Dutch seed company, has had to apply constant legal vigilance for several years to prevent its varietal varieties from being covered by an ever-increasing number of patent rights, otherwise its survival would be jeopardized. Frans Carree, Director of De Bolster’s Variety Development Department, answered our questions.