Niveau juridique : Union européenne
Texte de la question
« In July 2018, the Court of Justice of the European Union (CJEU) ruled that organisms obtained by mutagenesis, a kind of new breeding technique, are genetically modified organisms (GMOs) and are subject to the obligations laid down in the GMO Directive. This judgment has led to much confusion about what is considered a GMO and what is not. It also raises the concern of the fact that GMO-free labelling is disingenuous.
1. What steps is the Commission taking to ensure that consumers are not misled by GMO-free labelling claims?
2. Is it reviewing GMO-free labelling claims in light of the recent CJEU judgment? »
Texte de la réponse
« 1. While the EU legislation(1) on Genetically Modified Organisms (GMOs) provides for a mandatory labelling of food and feed indicating the presence of GMOs therein, the labelling ‘GMO free’ is not harmonised at EU level. Member States or private companies may set up their own schemes and labels as long as they comply with Union law; for example, information provided shall not be misleading.
2. The judgment by the Court of Justice of the European Union (CJEU) on mutagenesis(2) clarified that organisms obtained by new mutagenesis techniques are subject to the provisions of the GMO legislation(3), including those on labelling. The clarification provided by the CJEU is binding and does not require amending this legislation. It is for the Member States to implement and enforce the EU legislation, as interpreted by the CJEU. »
(1) OJ L 268, 18.10.2003, p.24.
(2) Case C-528/16.
(3) OJ L106, 17.4.2001. p. 1.
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