Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2023-02/cp230022en.pdf

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PRESS RELEASE No 22/23

Luxembourg, 7 February 2023 Judgment of the Court in Case C-688/21 | Confédération paysanne and Others (in vitro random mutagenesis)

Techniques of genetic modification: the Court specifies the status of in vitro random mutagenesis having regard to the GMO Directive

Organisms obtained by the in vitro application of a technique/method of mutagenesis which has conventionally been used in a number of in vivo applications and has a long safety record with regard to those applications are excluded from the scope of that directive

Directive 2001/18/EC 1 defines a common methodology to evaluate, on a case-by-case basis, the risks for the environment associated with the release of genetically modified organisms (GMOs), and the common objectives for monitoring GMOs after their voluntary release or their placing on the market. Those rules provide, inter alia, for an evaluation prior to placing on the market, an authorisation, labelling or monitoring after marketing. That directive however includes an exemption meaning that certain techniques/methods of mutagenesis fall outside its scope (‘the exemption’). 

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