European experts on GMO detection are getting to work on establishing detection methods for new GMOs, reports Eric Meunier of Inf'OGM

Since February 2019, European experts on GMO detection and traceability have been updating their work. Whether it is GMOs obtained by new techniques of genetic modification, genetically modified animals or micro-organisms, all are on the agenda for the coming months. This is essential work that has nevertheless been slow in coming, in particular due to opposition from the European Commission in 2017.

Any GMOs marketed or to be marketed in the European Union must be detectable, distinguishable from any other GM or non-GM organism, and therefore traceable. For new GMOs, some actors consider this task impossible, on the assumption that the new GMOs will not differ from what nature and "traditional" breeding techniques can do. But as civil society organisations have reminded Member States,[1] such traceability is possible, provided that a European political decision is taken to finance work on the implementation of regulatory protocols. To date, no such decision has been made. But the European experts have nevertheless decided to move forward at the request of the Commission, which for the time being has limited itself to requesting reports rather than guidelines (after having opposed any work on the subject in 2017[2])!

Detection of new GMOs is under study

In April 2019, the European Network of GMO Laboratories (ENGL), which deals with GMO detection, issued a report on GMOs obtained by mutagenesis techniques. While some interpreted this report as saying that not all new GMOs are traceable, the report actually established that they are not traceable using the "current" regulatory protocols as recalled by ENGL,[3] implying therefore that they could be traceable with other protocols that are yet to be determined.

Two months before the publication of its report in February 2019, ENGL was already discussing not a report, but a possible update of its guidelines, following the July 2018 judgment of the European Court of Justice.[4] When asked about the need to revise its document on detection methods, the experts considered this work essential and agreed that a working group should be set up. A representative of Italy even suggested "exploring other detection methods available on the market" in addition to other methods already mentioned in the discussion such as digital PCR. The meeting therefore concluded with the decision to circulate "an invitation to join the working group and that a proposal for a mandate could be submitted to the member of the ENGL steering committee".

In June 2019, two months after the report was published, discussions resumed after EU Member States had been informed of the creation of an ENGL working group to "assess the applicability of the existing document on the performance requirements of detection methods" to products obtained by new mutagenesis techniques.[5] Specifications were then announced as being under construction and a first physical meeting of this working group is expected to take place in 2020.

A new mandate on GM animals

In addition to work on genetically modified micro-organisms (see box below), ENGL also discussed in February 2019 a request for a report "on the detection of foods" from genetically modified animals, a request made by the European Commission. Judging by the minutes of this meeting,[6] the reaction was surprising, to say the least. The experts present considered it "relevant to look into this subject" while "acknowledging their lack of expertise" in the field of GM animals. This gap could be filled by seeking "experts from outside ENGL". This lack of expertise is not the only difficulty highlighted for this report. The meeting also pointed out that the time limit for them to submit this report - not specified in the minutes - made the "information gathering" stage difficult.

Does the European Union comply with its own legislation?

Both the mandate on the detection of GM animals received from the European Commission and its acceptance in February 2019 by ENGL raise an issue. Since 2001 and the adoption of European legislation on GMOs, nothing has been done to trace products derived from genetically modified animals. However, with a case like AquaBounty's transgenic salmon, the potential for the illegal entry of products from GM animals is not new. In the specific case of AquaBounty salmon, the last mention of work by the European Union to obtain a method for its detection and traceability dates back to October 2018. The information then provided to ENGL was that "the European Commission invited AquaBounty to provide reference material for the detection of its marketed GM salmon but no response was received".[7] This lack of response was challenging but was not accompanied by any comment, according to the ENGL report.

To date, therefore, the European Union has not put in place the regulatory protocols to trace all GMOs on its territory. The regulatory protocols for products derived from genetically modified animals and for GMOs produced by new techniques of genetic modification, whether mutagenic or otherwise, are missing. The work in progress on the part of the European committee of experts will not be completed immediately, since "the working group [still has] to establish a realistic timetable on the basis of existing information", as the ENGL has told us. This delay could have been avoided if, as was done for transgenic plant GMOs, the Commission had funded a programme in anticipation, rather than opposing it in 2017.

Microorganisms are also the subject of a forthcoming report

Plants or animals are not the only organisms that can be genetically modified by new techniques. Microorganisms can also be, as they already are through transgenesis. In June 2019, the European Commission sent a mandate to the European experts of ENGL to submit a "report on the detection of microorganisms obtained by genome editing",[8] to use the expression that has no legal basis but has become fashionable in order to avoid mentioning genetic modification.

But the work is said to be complex. For some, this is "a completely new field of science" and ENGL does not have the necessary in-house experts. They also point out that this will require "a considerable amount of work" that cannot be achieved in just a few months. This stance seems surprising because it implies that it would be possible to genetically modify microorganisms by techniques other than transgenesis but that detecting them would be "a completely new scientific field".

But the most striking point concerns the reflections on the regulatory framework. Some participants at this February 2019 meeting suggested that these micro-organisms modified by new techniques could be considered as products or as processing aids. However, in the latter case, they would not be subject to European legislation on GMOs. Only cases of accidental release in a final product would oblige the European Union to trace them. This consideration is all the more striking because it is exactly what happened in the fall of 2018 with batches of vitamin B2 contaminated with the transgenic bacterial strain used to produce it. However, since these lots were not labelled as produced by GMOs, thanks to a legal trick that Inf'OGM deciphered,[9] it took several months for the authorities to get their hands on the batches that were illegally marketed in the European Union.

However, in response to the European Commission's request, a working group was set up in February 2019 by ENGL to study the issue. The group's first steps appeared to be difficult since four months later, in June 2019, ENGL noted that it had received no feedback from Member States on its call for experts to participate in this work![10]

Notes

[1] Inf'OGM, "Nouveaux OGM: la société civile européenne demande que la loi soit appliquée!", Eric Meunier, 31 Oct 2019

[2] Inf'OGM, "UE: aucun programme pour détecter les nouveaux OGM", Eric Meunier, 29 Sept 2017

[3] http://gmo-crl.jrc.ec.europa.eu/ENGL/docs/ENGL-SC-37.pdf, June 2019

[4] Inf'OGM, "Europe - Les nouveaux OGM sont des OGM comme les autres", Charlotte Krinke, 25 July 2018

[5] See note 2.

[6] http://gmo-crl.jrc.ec.europa.eu/ENGL/docs/ENGL-SC-36.pdf, Feb 2019

[7] http://gmo-crl.jrc.ec.europa.eu/ENGL/docs/ENGL-Plenary-29.pdf, Oct 2018

[8] http://gmo-crl.jrc.ec.europa.eu/ENGL/docs/ENGL-SC-36.pdf, Feb 2019

[9] Inf'OGM, "Pas d’étiquetage pour les additifs produits par des micro-organismes OGM", Eric Meunier, 1 July 2019

[10] http://gmo-crl.jrc.ec.europa.eu/ENGL/docs/ENGL-SC-37.pdf, June 2019


This is an English translation by Deepl/GMWatch of a French language article published by Inf'OGM:
https://www.infogm.org/6886-detection-reglementaire-ogm-enfin-en-chantier