CELEX: C2002/056/01
Language: en
Date: 2002-03-02 00:00:00
Title: Opinion 2/00 of the Court of 6 December 2001 (Cartagena Protocol — Conclusion — Legal basis — Articles 133 EC, 174(4) EC and 175(1) EC — Living modified organisms — Environmental protection — Common commercial policy)

2.3.2002               EN                   Official Journal of the European Communities                                            C 56/1
                                                                    I
                                                              (Information)
                                                  COURT OF JUSTICE
                                                           COURT OF JUSTICE
               OPINION 2/00 OF THE COURT                                Colomer, J. Mischo, A. Tizzano, L.A. Geelhoed and C. Stix-
                                                                        Hackl, Advocates General,gives the following Opinion:
                      of 6 December 2001
                                                                        Competence to conclude the Cartagena Protocol on Biosafety is shared
                                                                        between the European Community and its Member States.
(Cartagena Protocol — Conclusion — Legal basis —
Articles 133 EC, 174(4) EC and 175(1) EC — Living
modified organisms — Environmental protection — Com-                    (1) JO C 355 of 9 December 2000.
                    mon commercial policy)
                          (2002/C 56/01)
                                                                                        JUDGMENT OF THE COURT
The Court of Justice has received a request for an Opinion,
lodged at the Court Registry on 27 October 2000 (1) by
the Commission of the European Communities pursuant to                                          (Fifth Chamber)
Article 300(6) EC, on the following questions:
                                                                                              13 December 2001
(1) Do Articles 133 and 174(4), in conjunction with the
      relevant provisions of Article 300 of the EC Treaty,
                                                                        in Case C-235/00 (Reference for a preliminary ruling from
      constitute the appropriate legal basis for the act conclud-
                                                                        the High Court of Justice of England and Wales (Queen’s
      ing, on behalf of the European Community, the Cartagena
                                                                        Bench Division)): Commissioners of Customs & Excise v
      Biosafety Protocol?
                                                                                         CSC Financial Services Ltd (1)
(2) If the reply to the first question is in the affirmative, are
      the powers that the Member States retain in matters of            (Sixth VAT Directive — Article 13B(d)(5) — Exempt
      environmental protection — and which might justify                transactions — Transactions in securities — Negotiation —
      their participation in the Cartagena Biosafety Protocol                         Provision of a ‘call centre’ service)
      — residual powers in relation to the preponderant
      competence held by the Community to enter into inter-                                      (2002/C 56/02)
      national commitments regarding the matters dealt with
      by the Protocol?
                                                                                          (Language of the case: English)
The Court, composed of: G.C. Rodrı́guez Iglesias, President,
P. Jann, F. Macken, N. Colneric, S. von Bahr, Presidents of
Chambers, C. Gulmann, D.A.O. Edward, A. La Pergola,                     In Case C-235/00: Reference to the Court under Article 234
J.-P. Puissochet, L. Sevón, M. Wathelet (Rapporteur),                  EC by the High Court of Justice of England and Wales (Queen’s
R. Schintgen and V. Skouris, Judges, after hearing S. Alber,            Bench Division) for a preliminary ruling in the proceedings
First Advocate General, F.G. Jacobs, P. Léger, D. Ruiz-Jarabo           pending before that court between Commissioners of Customs