# C_2022037EN.01001901.xml

| 24.1.2022 | EN | Official Journal of the European Union | C 37/19 |
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24.1.2022

EN

Official Journal of the European Union

C 37/19

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Request for a preliminary ruling from the Conseil d’État (France) lodged on 17 November 2021 — Confédération paysanne and Others v Premier minister, Ministre de l’Agriculture et de l’Alimentation

(Case C-688/21)

(2022/C 37/26)

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

Defendants: Premier ministre, Ministre de l’Agriculture et de l’Alimentation

Intervener: Fédération française des producteurs d’oléagineux et de protéagineux

Questions referred

| 1. | Is Article 3(1) 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, (1) read in conjunction with point 1 of Annex I B to that directive and in the light of recital 17 of the Directive, to be interpreted as meaning that, in order to distinguish from amongst techniques/methods of mutagenesis those techniques/methods which have conventionally been used in a number of applications and have a long safety record, within the meaning of the judgment of the Court of Justice of 25 July 2018, consideration need be given only to the methods by which the mutageneous agent modifies the genetic material of the organism, or must account be taken of all the variations in the organism induced by the process used, including somaclonal variations, which may affect human health and the environment? |
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1.

Is Article 3(1) 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, (1) read in conjunction with point 1 of Annex I B to that directive and in the light of recital 17 of the Directive, to be interpreted as meaning that, in order to distinguish from amongst techniques/methods of mutagenesis those techniques/methods which have conventionally been used in a number of applications and have a long safety record, within the meaning of the judgment of the Court of Justice of 25 July 2018, consideration need be given only to the methods by which the mutageneous agent modifies the genetic material of the organism, or must account be taken of all the variations in the organism induced by the process used, including somaclonal variations, which may affect human health and the environment?

| 2. | Is Article 3(1) of Directive 2001/18/EC of 12 March 2001, read in conjunction with point 1 of Annex I B to that directive and in the light of recital 17 of the Directive, to be interpreted as meaning that, in order to determine whether a technique/method of mutagenesis has conventionally been used in a number of applications and has a long safety record, within the meaning of the judgment of the Court of Justice of 25 July 2018, account need be taken only of open field cultivation of the organisms obtained using that method/technique, or may account also be taken of research work and publications that do not relate to such cultivation and, in relation to that work and those publications, is consideration to be given only to work and publications relating to risks for human health or the environment? |
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2.

Is Article 3(1) of Directive 2001/18/EC of 12 March 2001, read in conjunction with point 1 of Annex I B to that directive and in the light of recital 17 of the Directive, to be interpreted as meaning that, in order to determine whether a technique/method of mutagenesis has conventionally been used in a number of applications and has a long safety record, within the meaning of the judgment of the Court of Justice of 25 July 2018, account need be taken only of open field cultivation of the organisms obtained using that method/technique, or may account also be taken of research work and publications that do not relate to such cultivation and, in relation to that work and those publications, is consideration to be given only to work and publications relating to risks for human health or the environment?

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(1)  OJ 2001 L 106, p. 1.

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