EN Official Journal of the European Union C 311/8

Judgment of the Court (Fourth Chamber) of 8 September 2011 (references for a preliminary ruling from the Conseil d'État (France)) — Monsanto SAS and Others v Ministre de l’Agriculture et de la Pêche

(Joined Cases C-58/10 to C-68/10) (1)

(Agriculture - Genetically modified animal feed - Emergency measures - Measure adopted by a Member State - Provisional suspension of an authorisation granted pursuant to Directive 90/220/EEC - Legal basis - Directive 2001/18/EC - Article 12 - Sectoral legislation - Article 23 - Safeguard clause - Regulation (EC) No 1829/2003 - Article 20 - Existing products - Article 34 - Regulation (EC) No 178/2002 - Articles 53 and 54 - Conditions of application)

2011/C 311/10

Language of the case: French

Referring court

Conseil d'État

Parties to the main proceedings

Applicants: Monsanto SAS (C-58/10 and C-59/10), Monsanto Agriculture France SAS (C-58/10 and C-59/10), Monsanto International SARL (C-58/10 and C-59/10), Monsanto Technology LLC (C-58/10 and C-59/10), Monsanto Europe SA (C-59/10), Association générale des producteurs de maïs (AGPM) (C-60/10), Malaprade SCEA and Others (C-61/10), Pioneer Génétique SARL (C-62/10), Pioneer Semences SAS (C-62/10), Union française des semenciers (UFS), formerly Syndicat des établissements de semences agréés pour les semences de maïs (Seproma) (C-63/10), Caussade Semences SA (C-64/10), Limagrain Europe SA, formerly Limagrain Verneuil Holding SA (C-65/10), Maïsadour Semences SA (C-66/10), Ragt Semences SA (C-67/10), Euralis Semences SAS (C-68/10), Euralis Coop (C-68/10)

Defendant: Ministre de l’Agriculture et de la Pêche

Intervening parties: Association France Nature Environnement (C-59/10 and C-60/10), Confédération paysanne (C-60/10)

Re:

References for a preliminary ruling — Conseil d’État — Interpretation of Articles 20 and 34 of Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (OJ 2003 L 268, p. 1), Articles 12 and 23 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 (OJ 2001 L 106, p. 1) and Articles 53 and 54 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ 2002 L 31, p. 1) — Provisional suspension or prohibition on the use or sale of varieties of maize seed derived from a genetically modified maize line, after authorisation to place that product on the market — Power of the national authorities to adopt such measures — Concepts of ‘risk’ and ‘serious risk’ to the environment — Criteria for identifying the risk, evaluating its probability and assessing its effects

Operative part of the judgment

1. In circumstances such as those of the disputes in the main proceedings, genetically modified organisms such as MON 810 maize, which were authorised as, inter alia, seeds for the purpose of planting under Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms and which were notified as existing products in accordance with the conditions set out in Article 20 of Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed, and were subsequently the subject of a pending application for renewal of authorisation, may not have their use or sale provisionally suspended or prohibited, by a Member State, under Article 23 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; such measures may, however, be adopted pursuant to Article 34 of Regulation No 1829/2003.

2. Article 34 of Regulation No 1829/2003 authorises a Member State to adopt emergency measures only in accordance with the procedural conditions set out in Article 54 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, compliance with which it is for the national court to ascertain.

3. With a view to the adoption of emergency measures, Article 34 of Regulation No 1829/2003 requires Member States to establish, in addition to urgency, the existence of a situation which is likely to constitute a clear and serious risk to human health, animal health or the environment.

(1) OJ C 100, 17.4.2010.