17.11.2012

Official Journal of the European Union

C 355/5

(Case C-36/11) (<span class="super">1</span>)

(Agriculture - Genetically modified organisms - Council Directive 2002/53/EC - Common catalogue of varieties of agricultural plant species - Genetically modified organisms accepted for inclusion in the common catalogue - Regulation (EC) No 1829/2003 - Article 20 - Existing products - Directive 2001/18/EC - Article 26a - Measures to avoid the unintended presence of genetically modified organisms - National measures prohibiting the cultivation of genetically modified organisms accepted for inclusion in the common catalogue and authorised as existing products pending measures based on Article 26a of Directive 2001/18/EC)

2012/C 355/06

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Pioneer Hi Bred Italia Srl

Defendant: Ministero delle Politiche agricole alimentari e forestali

Re:

Reference for a preliminary ruling — Consiglio di Stato — Second Chamber — Interpretation of Articles 16, 19, 22 and 26a of Directive 2001/18/EC of the 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) — Interpretation of Article 19 of Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (OJ 2002 L 193, p. 1) — Application for authorisation to cultivate GMOs listed in the European common catalogue — Refused by the competent authority because of the lack of internal general measures governing such matters.

Operative part of the judgment

1.The cultivation of genetically modified organisms such as the MON 810 maize varieties cannot be made subject to a national authorisation procedure when the use and marketing of those varieties are authorised pursuant to 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 those varieties have been accepted for inclusion in the common catalogue 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;

2.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, does not entitle a Member State to prohibit in a general manner the cultivation on its territory of such genetically modified organisms pending the adoption of coexistence measures to avoid the unintended presence of genetically modified organisms in other crops.

(<span class="super">1</span>) OJ C 89, 19.3.2011.