European Union Court of Justice Weighs In on GMO Crop Ban – The National Law Review
The Court of Justice of the European Union (CJEU), in itsruling of 7 July 2022given on case C-24/21, confirmed that Member States (and their territorial entities with legislative powers) may restrict or prohibit by law the cultivation of approved crops of Genetically Modified Organisms (GMOs), but recalled that specific conditions must be met, as set forth inDirective 2001/18/EC(on the deliberate release into the environment of genetically modified organisms) andRegulation (EC) No. 1829/2003(on genetically modified food and feed). The Courts ruling is based on the text of Directive 2001/18/EC in force prior to the amendments introduced byDirective (EU) 2015/412, which added a new Article 26b (Transitional Measures), establishing a procedure through which Member States may request that the geographical scope of a GMO notification/application be submitted, or an authorization granted be adjusted to exclude all or part of their territory from cultivation.
The dispute arose from the action of a farmer, Mr. PH, who deliberately violated the lawNo. 5/2011of Friuli Venezia Giulia (an Italian autonomous region), prohibiting the cultivation of the authorized crop of MON810 GMO maize and was therefore fined by local authorities. The purpose of the regional law was to prevent and avoid cross-contamination between different types of crops: GMO, conventional, and organic.
PH filed an opposition against the sanction with the Territorial Court, which halted the proceedings to request a preliminary ruling from the Court of Justice on the correct interpretation of the EU regulatory framework on GMOs.
The Court recalled Article 26-bis(1) of Directive 2001/18/EC, which states,Member States may take appropriate measures to avoid the unintended presence of GMOs in other products.
Therefore, Member States may only adopt preventive measures to avoid the unintended presence of GMOs in other products, thus ensuring that farmers and consumers have a choice between organic, conventional, and GMO production, as pointed out in theCommission Recommendation of 13 July 2010. On the other hand, these measures cannot be justified by the need to protect human health or the environment, since their protection is already achieved by the risk assessment carried out according to Directive 2001/18/EC and Regulation No 1829/2003 (see paragraph 47 of the ruling).
Such measures must be proportionate insofar as they must minimize their restrictive effects to what is necessary to achieve their purpose.
It is therefore up to the national court of Friuli Venezia Giulia to determine whether the regional law complies with the above principles and to analyze the specific conditions of the area affected by such preventive measures, to assess whether they are necessary and proportionate to avoid cross-contamination between GMOs and conventional/biological crops. The local court should base its decision on the actual degree of contamination and the likelihood of further contamination, considering specific geographic factors and the economic consequences (in terms of losses) for producers if a higher degree of contamination occurs. The decision is expected in the coming months, but the tracks are laid and there is no room for prejudices about GMO cultivation: everything must have a reasonable and proven justification.
As already mentioned, Directive (EU) 2015/412 amended Directive 2001/18/EC by introducing a provision [Article 26(b)] facilitating how Member States may exclude all or part of their territory from the cultivation of GMOs, either by requiring such exclusion prior to the granting of authorization or by adopting measures after that moment and, in the latter case, only when special needs are demonstrated (e.g., environmental policy objectives, socio-economic impacts, etc.), provided that the measures are proportionate and reasonable. Thus, whereas the provision cited in the Court ruling under review, which is still in force, only concerns the need to avoid the unintended presence of GMOs, the new article offers a broader range of justifications.
Read the rest here:
European Union Court of Justice Weighs In on GMO Crop Ban - The National Law Review
- The European Union just issued a dire warning to its 450 million citizens: Stockpile supplies and prepare for disaster - Fortune - March 26th, 2025 [March 26th, 2025]
- The European Union is preparing for war and is calling for emergency reserves in every home - CiberCuba - March 26th, 2025 [March 26th, 2025]
- The European Union rejected Russias demand for a ceasefire in exchange for lifting sanctions - - March 26th, 2025 [March 26th, 2025]
- Exclusive | European Union to slap Meta with fine up to $1B or more for breaching strict antitrust rules: sources - New York Post - March 26th, 2025 [March 26th, 2025]
- Peter Rough sat down with Kaja Kallas, European Union high representative for foreign affairs and security policy and European Commission vice... - March 26th, 2025 [March 26th, 2025]
- Court of Justice of the European Union: Member states representatives appoint thirteen judges to the General Court - consilium.europa.eu - March 26th, 2025 [March 26th, 2025]
- When the European Union wants to get back to basics - Marketscreener.com - March 26th, 2025 [March 26th, 2025]
- The European Union urges citizens to stockpile supplies to last 3 days in case of crisis - Goshen News - March 26th, 2025 [March 26th, 2025]
- The European Union urges citizens to stockpile supplies to last 3 days in case of crisis - Oil City Derrick - March 26th, 2025 [March 26th, 2025]
- European Union's Transmission Shafts and Cranks Market Expected to Slightly Increase with a CAGR of +0.3% over the Next Decade - IndexBox, Inc. - March 26th, 2025 [March 26th, 2025]
- New European Union Plan To Boost Local Arms Production Would Freeze U.S. Out Of Billions - The War Zone - March 26th, 2025 [March 26th, 2025]
- European Union's Roasted Coffee Market to See Continued Growth with +0.6% CAGR by 2035 - IndexBox, Inc. - March 26th, 2025 [March 26th, 2025]
- EU Penalizes RPM And Other Vertical Conduct Violations - Cartels, Monopolies - European Union - Mondaq News Alerts - March 26th, 2025 [March 26th, 2025]
- European Union's Toilet Paper Market to Reach $27.1B by 2035 with +0.5% CAGR - IndexBox, Inc. - March 26th, 2025 [March 26th, 2025]
- European Union Delays Retaliatory Tariffs On U.S. ProductsIncluding Whiskey - Forbes - March 20th, 2025 [March 20th, 2025]
- ICC President visits Brussels, urges European Union to take immediate action to protect the Court - the International Criminal Court - March 20th, 2025 [March 20th, 2025]
- The European Sting is Your democratic, independent and top quality political newspaper specialized in European Union News. Unique Features: iSting... - March 20th, 2025 [March 20th, 2025]
- The Prime Minister of Slovakia supported Ukraine's integration into the European Union - Eurasia Daily - March 20th, 2025 [March 20th, 2025]
- Trump reacts to European Union slapping tariffs on U.S. goods - CBS News - March 13th, 2025 [March 13th, 2025]
- Rxulti approved in the European Union for adolescent schizophrenia - PharmaTimes - March 13th, 2025 [March 13th, 2025]
- European Union Responds With Tariffs on Soybeans, Other Ag Exports - DTN The Progressive Farmer - March 13th, 2025 [March 13th, 2025]
- European Union retaliates with tariffs on $28 billion U.S. products - RFD-TV - March 13th, 2025 [March 13th, 2025]
- Donald Trump threatens European Union with 200% tariffs on specific goods if they dont remove nasty tax - UNILAD - March 13th, 2025 [March 13th, 2025]
- Canada and the European Union announce retaliatory tariffs against the United States - KREM.com - March 13th, 2025 [March 13th, 2025]
- Commission decides to refer SPAIN to the Court of Justice of the European Union due to discriminatory tax treatment of non-resident taxpayers - The... - March 13th, 2025 [March 13th, 2025]
- European Union hits back with counter tariffs on US goods - USA TODAY - March 13th, 2025 [March 13th, 2025]
- Trade Wars: European Union Retaliates Against U.S. Tariffs on Steel and Aluminum - TipRanks - March 13th, 2025 [March 13th, 2025]
- Commission hosts event to gather input and expertise on upcoming European Water Resilience Strategy - European Union - March 7th, 2025 [March 7th, 2025]
- UNESCO and the European Union Promote Training in Creative Tourism in the Caribbean - UNESCO - March 7th, 2025 [March 7th, 2025]
- The Interests of the European Union and the United States Are Diverging - Modern Diplomacy - March 7th, 2025 [March 7th, 2025]
- Tunisia: Call for the European Union to send international observers to the so-called "conspiracy" trial - FIDH - March 7th, 2025 [March 7th, 2025]
- European Union Blasts Trump Tariff Threats as Starmer Visits White House - Newsweek - February 27th, 2025 [February 27th, 2025]
- Trump vows to slap 25% tariffs on the European Union - FRANCE 24 English - February 27th, 2025 [February 27th, 2025]
- Trump vows to impose 25% tariffs on imports from the European Union - The Associated Press - February 27th, 2025 [February 27th, 2025]
- Trump says tariff level will be 25% on European Union products - Le Monde - February 27th, 2025 [February 27th, 2025]
- EU reaffirms unwavering support to Ukraine on anniversary of invasion - European Union - February 27th, 2025 [February 27th, 2025]
- The European Union is financing a project to strengthen social protection for women in ten local communities in Bosnia and Herzegovina - EEAS - February 27th, 2025 [February 27th, 2025]
- Trump's reciprocal tariffs would hit these European Union products that Americans buy the hardest - CNBC - February 14th, 2025 [February 14th, 2025]
- European Union Says It Will Respond "Firmly, Immediately" To Trump's Tariffs - NDTV - February 14th, 2025 [February 14th, 2025]
- How the European Union could counter US tariffs - ING Think - February 14th, 2025 [February 14th, 2025]
- (Nemolizumab) Approved in the European Union for Moderate-to-Severe Atopic Dermatitis and Prurigo Nodularis - Business Wire - February 14th, 2025 [February 14th, 2025]
- European Union could ban the number 1 Catholic app in the world: Hallow - ZENIT - English - February 14th, 2025 [February 14th, 2025]
- Political contagion in Europe: can the European Union survive Trumpism? - Bruegel - January 19th, 2025 [January 19th, 2025]
- Bolstering the cybersecurity of the healthcare sector - European Union - January 19th, 2025 [January 19th, 2025]
- Medidatas Patient Experience Recognized as Sustainability Solution by the European Union, Paving the Way for Greener Clinical Trials - Dassault... - January 19th, 2025 [January 19th, 2025]
- European Union Special Representative for the Great Lakes Region, Johan Borgstam, makes first official visit to Tanzania - EEAS - January 19th, 2025 [January 19th, 2025]
- Indicating the way forward for sustainable European aviation - European Union - January 19th, 2025 [January 19th, 2025]
- UNHCR and the European Union join forces to provide lasting solutions for Afghan refugees and returnees - EEAS - January 19th, 2025 [January 19th, 2025]
- Irregular migration into the European Union fell sharply last year, border agency says - The Associated Press - January 19th, 2025 [January 19th, 2025]
- Poland Assumes the Presidency of the Council of the European Union - Kyiv Post - January 6th, 2025 [January 6th, 2025]
- Far From Ignorant: The European Union, Arms Exports and Israel - CounterPunch - January 3rd, 2025 [January 3rd, 2025]
- Major changes in the European Union - summary of 2024: everything you need to know in 2025 - Visit Ukraine - January 3rd, 2025 [January 3rd, 2025]
- Hungary's controversial presidency of the Council of the European Union comes to an end - Euronews - January 1st, 2025 [January 1st, 2025]
- 30 years together: Austria, Finland and Sweden in the EU - European Union - January 1st, 2025 [January 1st, 2025]
- AI and Employee Data Protection in the European Union: 8 Key Takeaways for Multinational Businesses - JD Supra - January 1st, 2025 [January 1st, 2025]
- Pro-European Union Protests in Georgia Continue into New Years Eve - AL24 News - January 1st, 2025 [January 1st, 2025]
- 2025, between the reformist drive and the structural challenges of the European Union - The Diplomat in Spain - January 1st, 2025 [January 1st, 2025]
- Statement on behalf of the European Union and its Member States by H.E. Ambassador Stavros Lambrinidis, Delegation of the European Union to the United... - December 30th, 2024 [December 30th, 2024]
- European Union to resume Association Council meetings with Israel - The Times of Israel - December 18th, 2024 [December 18th, 2024]
- Its time for the European Union to rethink personal social networking - Bruegel - December 18th, 2024 [December 18th, 2024]
- Mistral 3 project to receive 60 million from European Union - MBDA - December 18th, 2024 [December 18th, 2024]
- The European Union and Palestinian Authority convene Investment Platform and announce EUR 28.3 million of investments for the Palestine Financial... - December 18th, 2024 [December 18th, 2024]
- The EVERY Company Further Expands its IP Estate with European Union Patent for Recombinant Ovalbumin - Business Wire - December 18th, 2024 [December 18th, 2024]
- European Union sanctions 26 individuals and two entities in Belarus - euneighbourseast.eu - December 18th, 2024 [December 18th, 2024]
- European Union: What do CG&R companies need to know about the European Accessibility Act? - GlobalComplianceNews - December 18th, 2024 [December 18th, 2024]
- New EU norms to reduce environmental impact of smitheries and foundries - European Union - December 14th, 2024 [December 14th, 2024]
- Syria: Statement by the High Representative on behalf of the European Union on the fall of the Assad regime - consilium.europa.eu - December 10th, 2024 [December 10th, 2024]
- European Union and the Gates Foundation to co-host Gavi 6.0 High Level Pledging Summit - Bill & Melinda Gates Foundation - December 10th, 2024 [December 10th, 2024]
- European Union orders TikTok to preserve data related to Romanian election - The Associated Press - December 10th, 2024 [December 10th, 2024]
- European Union - United Republic of Tanzania: Joint Communique of the 2024 Partnership Dialogue - EEAS - December 10th, 2024 [December 10th, 2024]
- Human Rights Day: Statement by the High Representative on behalf of the European Union - consilium.europa.eu - December 10th, 2024 [December 10th, 2024]
- We are waiting to return home - helping refugees in Sudan - European Union - December 10th, 2024 [December 10th, 2024]
- Revised Regulation on Classification, Labelling and Packaging of Chemicals enters into force - European Union - December 10th, 2024 [December 10th, 2024]
- CCS legal framework for the development of carbon capture and storage technologies in Poland and the European Union - Dentons - December 10th, 2024 [December 10th, 2024]
- Mercosur and the European Union sign trade agreement - Fresh Fruit Portal - December 10th, 2024 [December 10th, 2024]
- European Union To Spend Over $4 Million And 3 Years To Create Report On European Animation Industry - Cartoon Brew - December 4th, 2024 [December 4th, 2024]
- Speech by President von der Leyen at the European Parliament Plenary on the new College of Commissioners and its programme - European Union - December 4th, 2024 [December 4th, 2024]
- ASSEMBLY | EU bishops reflect on Europes future and challenges of the new institutional cycle - The Catholic Church in the European Union - December 4th, 2024 [December 4th, 2024]
- Georgia suspends talks on joining the European Union and accuses the bloc of blackmail - The Associated Press - November 30th, 2024 [November 30th, 2024]
- An update on political advertising in the European Union - The Keyword - November 30th, 2024 [November 30th, 2024]