Opinion of the Advocate General — ECLI:EU:C:2005:129
Date: 2005-03-03
Language of the case: Italian
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Consumer protection;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment Approximation of laws — Labelling and presentation of foodstuffs — Foodstuffs produced from genetically modified organisms (GMOs) — Regulation No 1139/98 — Compulsory particulars as to the presence of material derived from GMOs — Exemption — Formulae for infants and young children — Whether the derogation applies — Breach of the precautionary principle — None (Council Regulation No 1139/98, Art. 2(2)(b)) Article 2(2)(b) of Regulation No 1139/98 concerning the compulsory indication on the labelling of certain foodstuffs produced from genetically modified organisms of particulars other than those provided for in Directive 79/112, as amended by Regulation No 49/2000, is to be interpreted as meaning that the exemption for which it provides from the obligation, laid down in Article 2(1) and (3) of that regulation, to state on the labelling of foodstuffs that material derived from certain genetically modified organisms (GMOs) is present, where such presence is the result of adventitious contamination and does not exceed a de minimis threshold of 1% also applies to foodstuffs intended for the particular nutritional use of infants and young children. That interpretation cannot be called into question on the basis of the precautionary principle, which presupposes that there is uncertainty as to the existence or extent of risks to human health. The GMOs to which Regulation No 1139/98 refers can be placed on the market only if they have first been authorised following a risk assessment intended to ensure that, in the light of the conclusions of the assessment, they are safe for the consumer. It follows that the precautionary principle, where relevant, is part of such a decision-making process. (see paras 55-56, 61, 63-64, operative part)