Regulation of New Genomic Techniques

New genomic techniques (NGT) make it possible to modify plants in a targeted manner without introducing foreign genetic material. How these techniques should be regulated remains an open question in Europe. In the EU, the plants produced in this way may – subject to certain conditions – be exempted from GMO regulations in future, whilst in Switzerland work is currently underway on a specific law.

Both EU legislation and Swiss gene technology law date back to the early 2000s. At that time, a clear distinction could be drawn between conventional breeding and genetic modification. Whilst conventional breeding involved crossing plants of the same or closely related species, ‘classical’ gene technology usually involved inserting genes from other organisms.

No authorisation process is required in Switzerland for conventionally bred crops, even if they have been produced, for example, through the use of radioactivity or chemicals. However, new varieties must undergo a variety testing process before they may be produced commercially and placed on the market. Genetically modified plants, on the other hand, must undergo a complex three-stage process to demonstrate their environmental safety.

As a moratorium on the cultivation of genetically modified crops has been in place since 2005, no genetically modified plant has yet been authorised in Switzerland. The moratorium was originally limited to five years but has since been extended several times by Parliament, most recently until 2030.

The development of new molecular biological methods has called into question the distinction between gene technology and conventional breeding: techniques such as CRISPR-Cas can also be used to induce targeted changes that, to date, cannot be distinguished from those resulting from conventional breeding. These techniques are usually referred to as New Genomic Techniques (NGT), New Breeding Techniques, or Precision Breeding. Various countries – including the USA, Canada and China – do not treat such plants as genetically modified. In Europe, however, the European Court of Justice and the Swiss Federal Council have ruled that NGT plants must be regulated as genetically modified organisms. In Switzerland, they are therefore subject to the current moratorium, whilst in the EU they are subject to strict authorisation guidelines.

EU regulation

Based on a study commissioned by the European Commission, which concluded that the current regulations were no longer adequate, the Commission presented a draft regulation in 2023. This proposes that NGT plants should in future be regulated outside the scope of the existing Genetic Engineering Directive – provided they do not contain genetic material from other species and have been modified in a targeted manner. The plants are divided into two categories:

• Category 1 comprises plants that are equivalent to conventional breeding. They are regulated accordingly, but plant propagating material (e.g. seeds or seedlings) must be labelled.
• Category 2 comprises plants that are not considered equivalent to conventional breeding. Like transgenic plants, they must undergo an environmental risk assessment.

In 2024, the European Parliament approved an amended version of the regulation. Following lengthy negotiations, the Council of the European Union also adopted a version in 2025. Issues relating to patenting and labelling, in particular, were the subject of much debate. In December 2025, the Parliament, the Council and the Commission agreed on a joint text during a so-called informal trilogue. The compromise text largely corresponds to the Commission’s proposal, but contains a number of amendments: for instance, plants with herbicide or pest resistance can no longer fall under Category 1. Furthermore, transparency requirements for patents have been established. The compromise text was adopted by the Council of Ministers on 21 April 2026 and by the European Parliament on 17 June 2026.

For details on the legislative process, see EU Regulation. Details of the regulation can be found here.

Switzerland

The regulation of NGT has also been debated in Switzerland. In 2021, the National Council sought to extend the moratorium on all genetically modified plants until 2025. However, a narrow majority in the Council of States did not wish to exempt non-transgenic plants from this. The two chambers finally agreed to extend the moratorium whilst, at the same time, tasking the Federal Council with drawing up risk-based regulation for NGT.

In spring 2025, the Federal Council submitted the preliminary draft of the Breeding Technologies Act for consultation. The draft is based on EU regulations regarding the criteria for NGT plants. Unlike in the EU, however, no distinction is made between two categories: all NGT plants would have to undergo an environmental risk assessment for authorisation – either in Switzerland or abroad. Furthermore, NGT products would have to be recognisable as such to consumers.

In the meantime, Parliament has extended the moratorium by a further five years until 2030. In February 2026, the Food Protection Initiative was also submitted, which, amongst other things, concerns the use of genetic engineering in agriculture. However, it appears that not enough certified signatures were submitted for the initiative to proceed.

As at 17 June 2026