Order of the Court (Third Chamber) of 23 November 2017

Approximation of lawsGenetically modified foodstuffs and animal feedRegulation No 1829/2003Emergency measures which may be adopted in order to confront a serious risk to human health, animal health or the environmentMember State having officially informed the Commission of the need to take such measuresNot evident that a product authorised by or in accordance with that regulation is likely to constitute a serious risk to human health, animal health or the environmentNo obligation for the Commission to adopt such measures

(European Parliament and Council Regulations No 178/2002, Arts 53 and 54(1) and No 1829/2003, Art. 34)

(see para. 29, operative part. 1)

Approximation of lawsGenetically modified foodstuffs and animal feedRegulation No 1829/2003Treatment of a serious risk to human health, animal health or the environmentAssessment and management coming under the responsibility of the Commission and the Council, subject to review by the Union judicatureAdoption and implementation by the Member States of emergency measures in the absence of a decision at Union levelJurisdiction of the national courts to assess the lawfulness of those measures, having regard to the substantive conditions provided for in Article 34 of Regulation No 1829/2003 and the procedural conditions laid down in Article 54 of Regulation No 178/2002

(Art. 267, second and third paras TFEU; European Parliament and Council Regulations No 178/2002, Art. 54, and No 1829/2003, Art. 34)

(see paras 34, 35, 41)

Approximation of lawsGenetically modified foodstuffs and animal feedRegulation No 1829/2003Emergency measures which may be adopted in order to confront a serious risk to human health, animal health or the environmentMember State having officially informed the Commission of the need to take such measuresCommission not having taken such measuresPossibility for the Member State to take such measures at the national level

(European Parliament and Council Regulations No 178/2002, Arts 53 and 54, and No 1829/2003, Art. 34)

(see para. 36, operative part 2)

Approximation of lawsGenetically modified foodstuffs and animal feedRegulation No 1829/2003Emergency measures which may be adopted in order to confront a serious risk to human health, animal health or the environmentNo possibility for Member States to adopt such measures solely on the basis of the precautionary principle, without satisfying the substantive conditions set out in Article 34 of the regulation

(European Parliament and Council Regulations No 178/2002, Arts 7, 53 and 54, and No 1829/2003, Art. 34)

(see paras 39, 40, 42, 47, operative part 3)

Operative part

Article 34 of Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed, read in conjunction with Article 53 of Regulation No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, must be interpreted as meaning that the European Commission is not required to adopt emergency measures within the meaning of Article 53 of Regulation No 178/2002 when a Member State officially informs the Commission, in accordance with Article 54(1) of that regulation, of the need to take such measures, as long as it is not evident that products authorised by Regulation No 1829/2003 or in accordance with that regulation are likely to constitute a serious risk to human health, animal health or the environment.

Article 34 of Regulation No 1829/2003, read in conjunction with Article 54 of Regulation No 178/2002, must be interpreted as meaning that a Member State may, after officially informing the European Commission of the need to resort to emergency measures, and where the Commission has not acted in accordance with Article 53 of Regulation No 178/2002 adopt such measures at the national level.

Article 34 of Regulation No 1829/2003, read in conjunction with the precautionary principle as set out in Article 7 of Regulation No 178/2002, must be interpreted as meaning that it does not give Member States the option of adopting, in accordance with Article 54 of Regulation No 178/2002, interim emergency measures solely on the basis of that principle, without the conditions set out in Article 34 of Directive No 1829/2003 being satisfied.