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Case C-542/12: Order of the Court (Ninth Chamber) of 8 May 2013 — (reference for a preliminary ruling from the Tribunale di Pordenone — Italy) — Criminal proceedings against Fidenato Giorgio (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)
ECLI:EU:UNKNOWN:62012CB0542
62012CB0542
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Official Journal of the European Union
C 225/52
(Case C-542/12) (<span class="super">1</span>)
(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)
2013/C 225/93
Language of the case: Italian
Referring court
Tribunale di Pordenone (Italy)
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 of the order
European Union 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.
(<span class="note">1</span>) OJ C 63, 2.3.2013.