b'THE FRENCH DECREE:A SAGA HISTORY OF INTERPRETATIONSEU Commission will completed their ongoing study on new genomic techniques by April 2021.Emmanuel LespritEditors Note: Emmanuel Lesprit is headliminary questions raised by the French of the Plant Breeding Unit at the UnionConseil dEtat on the GMO directive Franaise des Semenciers (UFS). 2001/18/EC as well as directive 2002/53/CE, on the common catalogue of varie-IN DECEMBER 2014,nine NGOsties of agricultural plant species. challenged the transposition of the EUThe ruling of the European Court of Directive 2001/18/ECon the deliberateJustice (ECJ) stated that all organisms release of GMOs into the environmentobtained by means of mutagenesis (recentby the French government as regardsor not) must be considered to be GMOs as the exemption of varieties obtained fromdefined in article 2(2) of the GMO direc-mutagenesis. Focusing on herbicide tol- tive. An exemption applies to organisms erant varieties in rapeseed and sunflower,obtained by methods of mutagenesis and considering those products aswhich have conventionally been used in hidden GMOs, they claimed no assess- a number of applications and have a long ment was carried out prior to marketing.safety record. Consequently, breeding Consequently, they asked the Primemethods developed after the adoption of Minister to repeal the corresponding partthe directive, e.g. targeted mutagenesis, of the French law and to adopt a mora- fully fall in its scope.torium on sales and cultivation whilstThe ECJ also stated that the mutagen-evaluating the risks as legally requiredesis exemption cannot be interpreted asEmanuel Lesprit. by the said Directive. In March 2015, aspreventing Member States from legislat-no answer was given, the same NGOsing in that area. They may subject such brought the matter before the Frenchorganisms to obligations as long as such Conseil dEtat, as the highest court ofobligations comply with EU law and inCourt asked the French government to justice which settles disputes betweenparticular with the rules on the free move- amend the French Environment Code. citizens and the administration. Citing ament of goods. The government should in this context serious difficulty in interpreting Europeanestablish by decree, after consulting Union law, the Conseil dEtat referredThe French Conseil dEtat interpretsthe High Council for Biotechnology, a four preliminary questions to the Court ofthe ECJ ruling restrictive list of mutagenesis techniques Justice of the European Union (ECJ) onIn its decision of February 2020, con- traditionally used for various applica-October 3, 2016. sidering that no evidence of long safetytions and for which safety has long been records was provided for random in vitroproven. This closed list should be a list of The ECJ interprets EU Directivemutagenesis, the Conseil dEtat con- techniques exempted from the scope of 2001/18/CE firmed that all plants resulting from thisthe directive 2001/18/CE.In July 2018, the European Court oftechnique are subject to the obligationsAs a consequence, the competent Justice (ECJ) answered the four pre- of the GMO-Directive. Consequently, theauthorities are then required to identify 68/ SEEDWORLD.COMDECEMBER 2020'