Contents
Article 5Status of category 1 NGT plants and category 1 NGT products#
1.The rules which apply to GMOs in Union legislation shall not apply to category 1 NGT plants that fulfil the conditions of Article 4, point (a), or to category 1 NGT products that fulfil the conditions of Article 4, point (b).
2.For the purposes of Regulation (EU) 2018/848, the rules set out in Article 5, point (f)(iii), and Article 11 of that Regulation, including Article 11(2) and (3) thereof as regards labelling pursuant to Article 10(1) of this Regulation, shall apply to category 1 NGT plants and to products produced from or by such plants. However, the adventitious or technically unavoidable presence of category 1 NGT plants, including plant reproductive material, and products produced from or by such plants in organic production or in non-organic substances and products authorised in organic production in accordance with Article 24 of Regulation (EU) 2018/848 or in agricultural ingredients for processed organic food authorised in accordance with Article 25 of that Regulation, shall not constitute non-compliance with that Regulation.
3.The Commission is empowered to adopt delegated acts in accordance with Article 26 amending the criteria of equivalence of NGT plants to conventional plants laid down in Annex I in order to adapt those criteria to scientific and technological progress, to the extent justified by advances in scientific knowledge as regards the types and extent of genetic modification which can occur naturally or through conventional breeding.When adopting delegated acts under this paragraph, the Commission shall publish a report to justify that, on the basis of scientific evidence, the criteria of equivalence laid down in Annex I no longer reflect what can occur naturally or through conventional breeding. The report shall include an up-to-date scientific literature review as regards the types and extent of genetic modification which can occur naturally or through conventional breeding. The report must justify that, following the intended amendment to Annex I, NGT plants meeting the equivalence criteria will remain equivalent to plants occurring naturally or obtained through conventional breeding in terms of similarity of genetic modifications and similarity of potential risk.When preparing delegated acts under this paragraph, the Commission shall take into account any relevant new or updated scientific opinions from the European Food Safety Authority (the ‘Authority’).
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