Europe

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.

In Spain, the public agronomy institute Irta regularly carries out evaluations of several varieties of rapeseed. Recently, they introduced into their evaluation some Clearfield rapeseed varieties, herbicide tolerant varieties modified via in vitro mutagenesis. Result: these GMOs, grown commercially in Europe outside the legal framework, do not have better yields than their conventional counterparts.

In a recent article, researchers detail several ongoing projects for the genetic modification of viruses. Some of these could be deliberately released into the environment. On February 7, 2024, the European Parliament asked the European Commission to study the potential deregulation of these GMO viruses. A general overview of those projects seems therefore necessary.

In January 2024, two Danish industrial giants of the microorganisms merged and Novonesis was born. This company sells “biosolutions” for all industrial and agricultural areas. “Bio” for biotechnological… and not biological, as it prefers to emphasize. This company uses microorganisms, often genetically modified, to make them produce enzymes.

The European Commission’s proposal to deregulate GMOs made in 2023 will not have come to an end before the European elections, as its promoters had hoped. However, beside the fact that this proposal is not the only file concerning GMOs, the forthcoming period of suspension of European parliamentary work could be used for bilateral discussions.

Inf’OGM interviewed a Dutch seed company that has developed a cold-resistant “organic” maize and that feels threatened by KWS patents. She tells us the story of her company Nordic Maize breeding, of her certified organic maize, of its likely future contamination by GMOs/NGTs…

When it comes to GMOs, french retailers say they are guided by two main principles: the application of the precautionary principle, and the traceability and consumer information. In France, this stakeholder in the agri-food sector has reservations, to say the least, about the proposed deregulation of GMOs. In June 2023, at the invitation of Anses experts, the french trade and retailing federation (Fédération du Commerce et de la Distribution), currently chaired by the CEO of Carrefour, shared its thoughts.

While the European Union has been discussing GMO deregulation since July 2023, European and French scientific experts have been and continue to be quite ignored. In France, although the opinion of the Anses was required as early as 2021, its publication took place in March 2024, a month after the vote by MEPs. The latter decided to consult their european experts after the vote, rather than before. However, in order to deliver its opinion in July 2024, the EFSA will make an exception to its procedure: it will not organize a public consultation…