The new Regulation (EU) 2026/1388, which will apply from 17 July 2028, introduces a verification procedure for Category 1 NGT plants. Once their status has been confirmed, these plants and their products will largely be exempt from existing GMO requirements, including mandatory food and feed labelling and GMO-specific risk assessment. However, specific transparency requirements will continue to apply, including labelling of plant reproductive material and the publication of information on verified Category 1 NGT plants.
Discussions underway between Member States and Commission
As part of the implementation process, representatives of EU Member States are expected to meet with the European Commission on 4 and 16 November 2026.The meeting on 4 November is expected to focus on the technical and procedural requirements for determining whether a plant qualifies for Category 1 NGT status.
Beyond these technical questions, several broader legal and practical issues deserve attention:
Aarhus Convention: Does the verification procedure for Category 1 NGT plants fall within the scope of the Aarhus Convention, particularly when it comes to public participation and the right of environmental organisations to challenge verification decisions before a court? The Aarhus Convention is an international agreement that guarantees public access to environmental information, public participation in environmental decision-making, and access to justice in environmental matters.
• How can Member States protect their fields from contamination: To what extent does the new Regulation allow Member States to adopt measures to protect conventional, organic and Non-GMO production from unintended NGT presence?
• Keeping supply chains GMO-free: What legal instruments are available to safeguard GMO-free supply chains and support effective segregation and traceability?
• Monitoring of Category 1 NGT plants: How can the presence and impacts of these plants be effectively monitored without mandatory labelling of food and feed products?
These issues are the ones most concerning for the Non-GMO sector, as the practical implementation of the Regulation will determine how transparency, traceability and coexistence can be maintained under the new regulatory framework.
Transparency and Monitoring: A Particular Challenge
Although Category 1 NGT food and feed products will not require specific labelling, the Regulation provides for monitoring of its impacts, including effects on the environment, biodiversity, organic agriculture and economic sustainability.
Under Article 32, the European Commission must establish a detailed monitoring programme by 17 July 2028. Article 33 further specifies that the Commission and Member States will monitor the sustainability impacts of NGT plants, drawing on different sources of information, including verification procedures, variety registers, relevant databases, scientific literature and official controls.
But there are still important practical questions. While the Regulation identifies several potential sources of monitoring data, it is still unclear whether these will provide enough information to assess the presence and impacts of Category 1 NGT plants in agricultural supply chains.
This is vital for the Non-GMO sector, where reliable information is essential for segregation, traceability and maintaining consumer confidence.
Implications for the Non-GMO Sector
The absence of mandatory labelling for Category 1 NGT food and feed products, combined with potential difficulties in identifying certain genome-edited varieties, could create additional challenges for segregation, traceability and the integrity of Non-GMO supply chains.
It is essential that the Commission clarifies the responsibilities of Member States, the legal scope for national coexistence measures, and how monitoring will be implemented in practice.
For the Non-GMO sector, it is clear that existing national coexistence measures can remain in place under the new regulatory framework, a position supported by a legal opinion commissioned by VLOG. However, further clarification is needed on the extent to which Member States can introduce new measures to protect Non-GMO production.
The discussions that have just started are an important opportunity to resolve these gaps in the legislation and ensure that the needs of Non-GMO operators are adequately considered.
ENGA will closely follow the implementation process and advocate for transparency, effective coexistence measures and the continued protection of Non-GMO production in Europe.