Researchers at Agrotecnio and the University of Lleida author a paper on consequences and principles available to stakeholders
In December 2025, the European Council and the European Parliament reached a provisional agreement on new EU rules setting a legal framework for new genomic techniques (NGTs). Investigators Lourdes Salomon Sancho, Teresa Capell Capell, Paul Christou, and Antoni Vaquer from Agrotecnio and the University of Lleida have published a paper in Trends in Biotechnology exploring the potential legal consequences for member states that fail to comply with the anticipated regulation on genome-edited crops.
A new European agreement paves the way for more innovative plant breeding in the EU, supporting the development of genome-edited crops that are more resilient to climate change and more resource-efficient, requiring fewer fertilizers and pesticides. These advances could boost the competitiveness of European agriculture and help level the global playing field. However, ongoing controversy around the issue —and track record with GMO regulations— raises questions about whether member states will fully comply with and consistently implement the new rules.
Salomon, Capell, Christou and Vaquer signal that EU law could be mobilized in cases of noncompliance through three different routes: businesses or individuals, such as farmers, could send petitions to the European Commission, the European Parliament, or directly litigate in national courts. Direct applicability, the principle of primacy and the principle of consistent interpretation underpin the uniform application of this NGT regulation.
Traditionally, the EU has enforced strict regulations on genetically modified organisms (GMOs), despite the lack of scientific evidence suggesting that these crops pose specific risks. “The regulation of transgenic crops in the EU is often criticized as paradoxical and unscientific, given that the EU imports over 100 transgenic crop products while severely restricting their cultivation”, explain the authors, that also point out that invoking the precautionary principle encourages public skepticism and political opposition.
Genome editing enables precise, targeted genetic changes that are indistinguishable from those achieved through conventional breeding. Under the new legislation, genome-edited crops are divided into two categories: NGT1 and NGT2. NGT1 plants, which involve minor genetic modifications equivalent to natural mutations, will be regulated in the same way as conventionally bred crops. In contrast, NGT2 plants carry more complex alterations—such as changes unlikely to occur naturally or the introduction of DNA from other species—and will continue to be subject to the stricter rules applied to GMOs.
The agreed text must yet be formally approved to become law, and the regulation will come into force roughly two years after publication. “Once it’s formally adopted, national authorities are obliged to give full effect to the regulation, removing incompatible domestic measures and interpreting national law consistently with EU law”, the authors aim at clarifying that any State Member of the European Union that hinders the application of a more permissive European rule may be liable for damages caused to crop producers, business or farmers that cannot use NGT1 plants.
This publication is a result of the collaboration between Agrotecnio and the Law Department of the University of Lleida to promote projects that integrate legal, economic and plant sciences expertise. Through interdisciplinary teams, these projects aim to address challenges in the agrifood law sector.
More information:
- Legal consequences of breaching a European mandatory regulation on genome-edited crops. Salomón, Lourdes et al. Trends in Biotechnology, Volume 0, Issue 0.