Keywords
Summary

Keywords

FREE MOVEMENT OF GOODS - EXCEPTIONS - PROTECTION OF PUBLIC HEALTH - RULES REGULATING THE PRESENCE IN FOODSTUFFS OF RESIDUES OF PESTICIDES NOT COVERED BY THE PROVISIONS OF COMMUNITY LAW - POWERS OF THE MEMBER STATES - PROHIBITION ON THE MARKETING OF FRUIT AND VEGETABLES TREATED WITH MALEIC HYDRAZIDE - PERMISSIBILITY

( EEC TREATY , ARTS 30 AND 36 )

Summary

IN SO FAR AS THE RELEVANT COMMUNITY RULES DO NOT COVER CERTAIN PESTICIDES , THE MEMBER STATES MAY , BY VIRTUE OF ARTICLE 36 OF THE TREATY , 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 , PROVIDED THAT THE REQUIREMENTS OF THE FREE MOVEMENT OF GOODS ARE TAKEN INTO ACCOUNT .

IN THAT REGARD THE AUTHORITIES OF AN IMPORTING MEMBER STATE ARE OBLIGED TO AMEND THE RELEVANT RULES OF NATIONAL LAW IF IT APPEARS TO THEM THAT THE REASONS WHICH LED TO THE ADOPTION OF SUCH RULES HAVE CHANGED ; THEY MUST ALSO ALLOW , BY MEANS OF A PROCEDURE THAT IS EASILY ACCESSIBLE TO TRADERS , FOR EXCEPTIONS TO BE MADE WHERE IT APPEARS THAT THE USE OF THE PESTICIDE IN QUESTION FOR A GIVEN PURPOSE IS NOT DANGEROUS TO PUBLIC HEALTH .

AS COMMUNITY LEGISLATION ON FOODSTUFFS TREATED WITH PESTICIDES STANDS AT PRESENT , NEITHER ARTICLES 30 AND 36 OF THE TREATY NOR ANY OTHER PROVISIONS OF COMMUNITY LAW PRECLUDE A MEMBER STATE FROM APPLYING TO FRUIT AND VEGETABLES IMPORTED FROM ANOTHER MEMBER STATE ITS OWN RULES PROHIBITING THE MARKETING OF THOSE PRODUCTS IF THEY HAVE BEEN TREATED WITH MALEIC HYDRAZIDE .