Keywords

Summary



Keywords

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1. Free movement of goods ° Derogations ° Protection of public health ° Rules on the use of food additives ° Justification ° Conditions and limits ° General, absolute prohibition on the marketing of beers containing more than 20 mg per litre of sulphur dioxide ° Not permissible

(EEC Treaty, Arts 30 and 36)

2. Community law ° Direct effect ° Conflict between Community law and a national law ° Obligations and powers of the national court seised ° Non-application of a national law, even if adopted subsequently

Summary

1. In view of the uncertainties in the present state of scientific research in the matter of food additives and of the absence of complete harmonization of national legislation, Articles 30 and 36 of the Treaty do not preclude national legislation restricting the use of such substances and laying down a maximum limit on the use of a specific additive in certain products.

In applying such legislation to imported products containing a quantity of additives exceeding the limit authorized by the legislation of the importing Member State when that quantity is authorized in the Member State of production, the national authorities must, however, having regard to the principle of proportionality on which the last sentence of Article 36 is based, be restricted to that which is actually necessary for the protection of public health. Accordingly, the use of a specific additive which is authorized in one Member State must be authorized as regards products imported from that State where, both in view of the findings of international scientific research, in particular the work of the Community Scientific Committee for Food and the FAO Codex Alimentarius Committee and of the World Health Organization, and in the light of eating habits in the importing Member State, that additive does not represent a danger to public health and fulfils a real need, in particular of a technological nature. That concept has to be assessed in the light of the raw materials used, having regard to the assessment made by the authorities in the Member State of production and the findings of international scientific research.

It follows that Articles 30 and 36 of the Treaty preclude national legislation which prohibits, generally and absolutely, the marketing of beers imported from another Member State in which they are lawfully marketed if they contain a quantity of sulphur dioxide exceeding 20 mg per litre, where it is agreed that the absorption of sulphur dioxide on account of the consumption of certain such beers does not entail a serious risk of exceeding the limits on the maximum daily dose of sulphur dioxide allowed by the FAO and the WHO, and that the legislation of the importing Member State authorizes the use of sulphur dioxide in much higher proportions in other beverages, one of which is consumed in much higher quantities than beer in the Member State in question.

2. A national court which is called upon, within the limits of its jurisdiction, to apply provisions of Community law is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national legislation, even if adopted subsequently, and it is not necessary for the court to request or await the prior setting aside of such provision by legislative or other constitutional means.