# C_2022318EN.01000701.xml

| 22.8.2022 | EN | Official Journal of the European Union | C 318/7 |
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22.8.2022

EN

Official Journal of the European Union

C 318/7

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Judgment of the Court (Second Chamber) of 7 July 2022 (request for a preliminary ruling from the Tribunale ordinario di Pordenone — Italy) — PH v Regione Autonoma Friuli Venezia Giulia, Direzione centrale risorse agroalimentari, forestali e ittiche — Servizio foreste e corpo forestale della Regione Autonoma Friuli Venezia Giulia

(Case C-24/21) (1)

(Reference for a preliminary ruling - Agriculture - Genetically modified foodstuffs and animal feed - Regulation (EC) No 1829/2003 - Deliberate release into the environment of genetically modified organisms - Directive 2001/18/EC - Article 26a - Potential for Member States to take appropriate measures to avoid the unintended presence of genetically modified organisms in other products - Conditions under which appropriate - Principle of proportionality - Guidelines for the development of national coexistence measures to avoid the unintended presence of genetically modified organisms in conventional and organic crops - Measure adopted by an infra-State entity prohibiting the cultivation of genetically modified maize in its territory)

(2022/C 318/08)

Language of the case: Italian

Referring court

Tribunale ordinario di Pordenone

Parties to the main proceedings

Applicant: PH

Defendants: Regione Autonoma Friuli Venezia Giulia, Direzione centrale risorse agroalimentari, forestali e ittiche — Servizio foreste e corpo forestale della Regione Autonoma Friuli Venezia Giulia

Operative part of the judgment

| 1. | Article 26a 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, as amended by Regulation (EC) of the European Parliament and of the Council of 22 September 2003, read in the light of that regulation and the Commission Recommendation of 13 July 2010 on guidelines for the development of national coexistence measures to avoid the unintended presence of GMOs in conventional and organic crops, must be interpreted as meaning that it does not preclude a national measure prohibiting, for the purpose of avoiding the unintended presence of genetically modified organisms in other products, the cultivation in the territory of a region of the Member State concerned of genetically modified organisms authorised under Regulation 1829/2003, on condition that that measure enables the objective of ensuring that producers and consumers have a choice between the products derived from genetically modified crops and products derived from organic and conventional crops to be achieved and that, with regard to the particular circumstances of crops in that territory, that measure is appropriate to achieving that objective and proportionate to it; |
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1.

Article 26a 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, as amended by Regulation (EC) of the European Parliament and of the Council of 22 September 2003, read in the light of that regulation and the Commission Recommendation of 13 July 2010 on guidelines for the development of national coexistence measures to avoid the unintended presence of GMOs in conventional and organic crops, must be interpreted as meaning that it does not preclude a national measure prohibiting, for the purpose of avoiding the unintended presence of genetically modified organisms in other products, the cultivation in the territory of a region of the Member State concerned of genetically modified organisms authorised under Regulation 1829/2003, on condition that that measure enables the objective of ensuring that producers and consumers have a choice between the products derived from genetically modified crops and products derived from organic and conventional crops to be achieved and that, with regard to the particular circumstances of crops in that territory, that measure is appropriate to achieving that objective and proportionate to it;

| 2. | Where a national measure prohibits, in the territory of a region of the Member State concerned, the cultivation of genetically modified organisms authorised under Regulation No 1829/2003, in accordance with Article 26a of Directive 2001/18 as amended by Regulation No 1829/2003, read in the light of that regulation and the Commission Recommendation of 13 July 2010 on guidelines for the development of national coexistence measures to avoid the unintended presence of GMOs in conventional and organic crops, it is not necessary to determine further, separately, whether that measure complies with Articles 34 to 36 TFEU. |
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2.

Where a national measure prohibits, in the territory of a region of the Member State concerned, the cultivation of genetically modified organisms authorised under Regulation No 1829/2003, in accordance with Article 26a of Directive 2001/18 as amended by Regulation No 1829/2003, read in the light of that regulation and the Commission Recommendation of 13 July 2010 on guidelines for the development of national coexistence measures to avoid the unintended presence of GMOs in conventional and organic crops, it is not necessary to determine further, separately, whether that measure complies with Articles 34 to 36 TFEU.

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(1)  OJ C 391, 27.9.2021.

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