Opinion of the Advocate General — ECLI:EU:C:2002:728
Date: 2002-12-05
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Consumer protection;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment 
Environment — Freedom of access to information — Directive 90/313 — 'Information 
relating to the environment' — Definition — Information on compliance with the rules 
on labelling of foodstuffs produced from genetically modified organisms — Not included 
(Council Regulation No 1139/98, Council Directive 90/313, Art. 2(a)) 
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SUMMARY — CASE C-316/01 
Directive 90/313 on the freedom of access 
to information on the environment is not 
intended to give a general and unlimited 
right of access to all information held by 
public authorities which has a connection, 
however minimal, with one of the environ­
mental factors mentioned in Article 2(a). 
To be covered by the right of access it 
establishes, such information must fall 
within one or more of the three categories 
set out in that provision. Article 2(a) is thus 
to be interpreted as meaning that the name 
of the manufacturer and the product 
description of foodstuffs which have been 
the subject of administrative measures for 
controlling compliance with Regulation 
No 1139/98 concerning the compulsory 
indication [in] the labelling of certain 
foodstuffs produced from genetically modi­
fied organisms of particulars other than 
those provided for in Directive 79/112 
concerning the labelling and presentation 
of foodstuffs, the number of administrative 
penalties imposed following those meas­
ures, and the producers and products con­
cerned by such penalties do not constitute 
information relating to the environment 
within the meaning of that provision. 
Regulation No 1139/98 is intended to add 
further information to that which must 
already be mentioned on the labelling of 
certain foodstuffs under Directive 79/112, 
which was not designed as a measure for 
protection of the environment. 
(see paras 25, 33, 35, operative part) 
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