Keywords
Summary

Keywords

FREE MOVEMENT OF GOODS - DEROGATIONS - PROTECTION OF HEALTH OF HUMANS - PROHIBITION OF THE ADDITION OF NISIN TO PROCESSED CHEESE - PERMISSIBILITY IN RELATION TO COMMUNITY RULES ON PRESERVATIVES IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION - RESTRICTION OF THE PROHIBITION TO PRODUCTS INTENDED FOR SALE ON THE DOMESTIC MARKET OF THE STATE CONCERNED - ARBITRARY DISCRIMINATION - DISGUISED RESTRICTION - NONE

( EEC TREATY , ART . 36 ; COUNCIL DIRECTIVE 64/54/EEC , ART . 6 ( B ))

Summary

THE PROVISIONS OF THE EEC TREATY REGARDING THE FREE MOVEMENT OF GOODS DO NOT , AT THE PRESENT STAGE OF COMMUNITY RULES ON PRESERVATIVES IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION , PRECLUDE NATIONAL MEASURES BY A MEMBER STATE , WHICH , ON THE PROTECTION OF HEALTH AND IN ACCORDANCE WITH ARTICLE 36 OF THE TREATY , PROHIBIT THE ADDITION OF NISIN TO PROCESSED CHEESE SOLD ON THE DOMESTIC MARKET OTHER THAN PROCESSED CHEESE INTENDED FOR EXPORT TO OTHER MEMBER STATES .

IN VIEW OF THE UNCERTAINTIES PREVAILING IN THE VARIOUS MEMBER STATES REGARDING THE MAXIMUM LEVEL OF NISIN WHICH MUST BE PRESCRIBED IN RESPECT OF EACH PRESERVED PRODUCT INTENDED TO SATISFY THE VARIOUS DIETARY HABITS , IT DOES NOT APPEAR THAT SUCH A PROHIBITION , ALTHOUGH RESTRICTED ONLY TO PRODUCTS INTENDED FOR SALE ON THE DOMESTIC MARKET OF THE STATE CONCERNED , CONSTITUTES ' ' A MEANS OF ARBITRARY DISCRIMINATION OR A DISGUISED RESTRICTION ON TRADE BETWEEN MEMBER STATES ' ' WITHIN THE MEANING OF ARTICLE 36 CITED ABOVE .