Keywords
Summary

Keywords

FREE MOVEMENT OF GOODS - DEROGATIONS - PROTECTION OF PUBLIC HEALTH - RULES GOVERNING THE PRESENCE OF PESTICIDES NOT COVERED BY COMMUNITY PROVISIONS - POWERS OF THE MEMBER STATES - PROHIBITION ON THE IMPORTATION OF APPLES - VINCHLOZOLINE CONTENT IN EXCESS OF THE PRESCRIBED LIMITS

( EEC TREATY , ARTS 30 AND 36 )

Summary

IN SO FAR AS THE RELEVANT COMMUNITY RULES DO NOT COVER CERTAIN PESTICIDES , MEMBER STATES MAY REGULATE THE PRESENCE OF RESIDUES OF THOSE PESTICIDES ON FOODSTUFFS IN A WAY WHICH MAY VARY FROM ONE COUNTRY TO ANOTHER ACCORDING TO THE CLIMATIC CONDITIONS , THE NORMAL DIET OF THE POPULATION AND THEIR STATE OF HEALTH . IN THAT CONTEXT , THEY MAY PERMIT DIFFERENT LEVELS OF THE SAME PESTICIDE IN RESPECT OF DIFFERENT FOODSTUFFS .

ARTICLES 30 AND 36 OF THE EEC TREATY DO NOT THEREFORE PREVENT A MEMBER STATE FROM PROHIBITING THE IMPORTATION OF APPLES FROM ANOTHER MEMBER STATE ON ACCOUNT OF THE PRESENCE IN OR ON THOSE APPLES OF A QUANTITY OF VINCHLOZOLINE GREATER THAN THAT AUTHORIZED BY THE LEGISLATION OF THE FIRST MEMBER STATE , EVEN THOUGH THE MAXIMUM PERMITTED VINCHLOZOLINE CONTENT LAID DOWN IN THAT MEMBER STATE DIFFERS FROM THAT LAID DOWN FOR OTHER KINDS OF FOOD AND DRINK .