21.5.2009 Official Journal of the European Union L 125/75 DIRECTIVES DIRECTIVE 2009/41/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 May 2009 on the contained use of genetically modified micro-organisms (Recast) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Having consulted the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), Whereas: (1) Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms (°) has been substantially amended several times (). Since further amendments are to be made, it should be recast in the interests of clarity. (2)  Under the Treaty, action by the Community relating to the environment must be based on the principle that preventive action is to be taken and must have as its objective, among other things, the preservation, protection and improvement of the environment and the protection of human health. (3)  Measures concerning the evaluation and best use of biotechnology with regard to the environment are a priority area on which Community action should concentrate. (1) OJ C 162, 25.6.2008, p. 85. (%) Opinion of the European Parliament of 21 October 2008 (not yet published in the Official Journal) and Council Decision of 30 March 2009. () OJ L 117, 8.5.1990, p. 1. (*) See Annex VI, Part A. (4)  The development of biotechnology is such as to contribute to the economic expansion of the Member States. This involves the use of genetically modified micro-organisms (GMMs) in operations of various types and scales. (5)  The contained use of GMMs should be such as to limit their possible negative consequences for human health and the environment, due attention being given to the prevention of accidents and the control of waste. (6)  GMMs which are disposed of without appropriate provisions for specific containment measures to limit their contact with the general population and the envi- ronment do not fall within the scope of this Directive. Other Community legislation such as 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 (°) may apply. (7)  Micro-organisms, if released into the environment in one Member State in the course of their contained use, may reproduce and spread, crossing national frontiers and thereby affecting other Member States. (8)  In order to bring about the safe development of biotech- nology throughout the Community, it is necessary to establish common measures for the evaluation and reduction of the potential risks arising in the course of all operations involving the contained use of GMMs and to set appropriate conditions of use. (9)  The precise nature and scale of risks associated with the contained use of GMMs are not yet fully known and the risk involved must be assessed on a case-by-case basis. In order to evaluate the risk to human health and the envi- ronment, it is necessary to lay down requirements for risk assessment. () O] L 106, 17.4.2001, p. 1.