Order of the Court (Ninth Chamber) of 8 May 2013 — Fidenato

(Case C-542/12)

‛Article 99 of the Rules of Procedure — Directive 2002/53/EC — Common catalogue of varieties of agricultural plant species — Genetically modified organisms (GMOs) entered in the common catalogue — Regulation (EC) No 1829/2003 — Article 20 — Existing products — Directive 2001/18/EC — Article 26a — Measures to avoid the accidental presence of genetically modified organisms’

1. Approximation of laws — Genetically modified food and feed — Products authorised under Regulation No 1829/2003 and accepted for inclusion in the common catalogue of varieties of agricultural plant species provided for in Directive 2002/53 — Whether the Member States may submit the cultivation of products to a national authorisation procedure — Not included (European Parliament and Council Regulation No 1829/2003, Art. 20; Council Directive 2002/53) (see paras 22, 23, 29, 33, operative part)

2. Environment — Deliberate release into the environment of genetically modified organisms — Directive 2001/18 — Measures to avoid the accidental presence of those organisms in the environment — Whether the Member States may prohibit in a general manner the cultivation of those organisms pending the adoption of coexistence measures — Not included (European Parliament and Council Regulation No 1829/2003; European Parliament and Council Directive 2001/18, Art. 26a; Council Directive 2002/53) (see paras 24, 25, 30-33, operative part)

Re:

Request for a preliminary ruling — Tribunale di Pordenone — Interpretation 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) — National legislation making the cultivation of GMOs, entered in the common catalogue of varieties, subject to an authorisation procedure to avoid the accidental presence of genetically modified organisms in other crops (principle of coexistence).

Operative part

EU law must be interpreted as meaning that the cultivation of genetically modified organisms such as maize varieties MON 810 cannot be made subject to a national authorisation procedure, where the use and marketing of those varieties are authorised under 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 where those varieties have been entered in the common catalogue of varieties of agricultural plant species provided for in Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species, as amended by Regulation No 1829/2003. 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 Directive 2008/27/EC of the European Parliament and of the Council of 11 March 2008, must be interpreted as precluding a Member State from opposing the cultivation on its territory of such genetically modified organisms on the ground that obtaining a national authorisation would constitute a coexistence measure to avoid the accidental presence of genetically modified organisms in other crops.

Order of the Court (Ninth Chamber) of 8 May 2013 — Fidenato

(Case C-542/12)

‛Article 99 of the Rules of Procedure — Directive 2002/53/EC — Common catalogue of varieties of agricultural plant species — Genetically modified organisms (GMOs) entered in the common catalogue — Regulation (EC) No 1829/2003 — Article 20 — Existing products — Directive 2001/18/EC — Article 26a — Measures to avoid the accidental presence of genetically modified organisms’

1. Approximation of laws — Genetically modified food and feed — Products authorised under Regulation No 1829/2003 and accepted for inclusion in the common catalogue of varieties of agricultural plant species provided for in Directive 2002/53 — Whether the Member States may submit the cultivation of products to a national authorisation procedure — Not included (European Parliament and Council Regulation No 1829/2003, Art. 20; Council Directive 2002/53) (see paras 22, 23, 29, 33, operative part)

2. Environment — Deliberate release into the environment of genetically modified organisms — Directive 2001/18 — Measures to avoid the accidental presence of those organisms in the environment — Whether the Member States may prohibit in a general manner the cultivation of those organisms pending the adoption of coexistence measures — Not included (European Parliament and Council Regulation No 1829/2003; European Parliament and Council Directive 2001/18, Art. 26a; Council Directive 2002/53) (see paras 24, 25, 30-33, operative part)

Re:

Request for a preliminary ruling — Tribunale di Pordenone — Interpretation 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) — National legislation making the cultivation of GMOs, entered in the common catalogue of varieties, subject to an authorisation procedure to avoid the accidental presence of genetically modified organisms in other crops (principle of coexistence).

Operative part

EU law must be interpreted as meaning that the cultivation of genetically modified organisms such as maize varieties MON 810 cannot be made subject to a national authorisation procedure, where the use and marketing of those varieties are authorised under 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 where those varieties have been entered in the common catalogue of varieties of agricultural plant species provided for in Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species, as amended by Regulation No 1829/2003. 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 Directive 2008/27/EC of the European Parliament and of the Council of 11 March 2008, must be interpreted as precluding a Member State from opposing the cultivation on its territory of such genetically modified organisms on the ground that obtaining a national authorisation would constitute a coexistence measure to avoid the accidental presence of genetically modified organisms in other crops.