# C_2018328EN.01000402.xml

| 17.9.2018 | EN | Official Journal of the European Union | C 328/4 |
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17.9.2018

EN

Official Journal of the European Union

C 328/4

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Judgment of the Court (Grand Chamber) of 25 July 2018 (request for a preliminary ruling from the Conseil d’État — France) — Confédération paysanne and Others v Premier ministre, Ministre de l’Agriculture, de l’Agroalimentaire et de la Forêt

(Case C-528/16) (1)

((Reference for a preliminary ruling - Deliberate release of genetically modified organisms into the environment - Mutagenesis - Directive 2001/18/EC - Articles 2 and 3 - Annexes I A and I B - Concept of ‘genetically modified organism’ - Techniques/methods of genetic modification conventionally used and deemed to be safe - New techniques/methods of mutagenesis - Risks for human health and the environment - Discretion of the Member States when transposing the directive - Directive 2002/53/EC - Common catalogue of varieties of agricultural plant species - Herbicide-tolerant plant varieties - Article 4 - Acceptability of genetically modified varieties obtained by mutagenesis for inclusion in the common catalogue - Human health and environmental protection requirement - Exemption))

(2018/C 328/05)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Applicants: Confédération paysanne, Réseau Semences Paysannes, Les Amis de la Terre France, Collectif Vigilance OGM et Pesticides 16, Vigilance OG2M, CSFV 49, OGM dangers, Vigilance OGM 33, Fédération Nature et Progrès

Defendants: Premier ministre, Ministre de l’Agriculture, de l’Agroalimentaire et de la Forêt

Operative part of the judgment

| 1. | Article 2(2) of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC must be interpreted as meaning that organisms obtained by means of techniques/methods of mutagenesis constitute genetically modified organisms within the meaning of that provision.
  Article 3(1) of Directive 2001/18, read in conjunction with point 1 of Annex I B to that directive and in the light of recital 17 thereof, must be interpreted as meaning that only organisms obtained by means of techniques/methods of mutagenesis which have conventionally been used in a number of applications and have a long safety record are excluded from the scope of that directive. |
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1.

Article 2(2) of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC must be interpreted as meaning that organisms obtained by means of techniques/methods of mutagenesis constitute genetically modified organisms within the meaning of that provision.

Article 3(1) of Directive 2001/18, read in conjunction with point 1 of Annex I B to that directive and in the light of recital 17 thereof, must be interpreted as meaning that only organisms obtained by means of techniques/methods of mutagenesis which have conventionally been used in a number of applications and have a long safety record are excluded from the scope of that directive.

| 2. | Article 4(4) of Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species, as amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003, must be interpreted as meaning that genetically modified varieties obtained by means of techniques/methods of mutagenesis which have conventionally been used in a number of applications and have a long safety record are exempt from the obligations laid down in that provision. |
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2.

Article 4(4) of Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species, as amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003, must be interpreted as meaning that genetically modified varieties obtained by means of techniques/methods of mutagenesis which have conventionally been used in a number of applications and have a long safety record are exempt from the obligations laid down in that provision.

| 3. | Article 3(1) of Directive 2001/18, read in conjunction with point 1 of Annex I B to that directive, in so far as it excludes from the scope of that directive organisms obtained by means of techniques/methods of mutagenesis which have conventionally been used in a number of applications and have a long safety record, must be interpreted as meaning that it does not have the effect of denying Member States the option of subjecting such organisms, in compliance with EU law, in particular with the rules on the free movement of goods set out in Articles 34 TFEU to 36 TFEU, to the obligations laid down in that directive or to other obligations. |
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3.

Article 3(1) of Directive 2001/18, read in conjunction with point 1 of Annex I B to that directive, in so far as it excludes from the scope of that directive organisms obtained by means of techniques/methods of mutagenesis which have conventionally been used in a number of applications and have a long safety record, must be interpreted as meaning that it does not have the effect of denying Member States the option of subjecting such organisms, in compliance with EU law, in particular with the rules on the free movement of goods set out in Articles 34 TFEU to 36 TFEU, to the obligations laid down in that directive or to other obligations.

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(1)  OJ C 14, 16.1.2017.

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