Keywords
Summary

Keywords

1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT - NATIONAL RULES PROHIBITING WITHOUT PRIOR AUTHORIZATION THE MARKETING OF FOODSTUFFS TO WHICH VITAMINS HAVE BEEN ADDED - RULES COVERED BY THAT CONCEPT

( EEC TREATY , ARTICLE 30 )

2 . FREE MOVEMENT OF GOODS - DEROGATIONS - PROTECTION OF HUMAN HEALTH - NATIONAL RULES PROHIBITING WITHOUT PRIOR AUTHORIZATION THE MARKETING OF FOODSTUFFS TO WHICH VITAMINS HAVE BEEN ADDED - JUSTIFICATION - LIMITS - ADDITION OF VITAMINS MEETING A REAL TECHNICAL OR NUTRITIONAL NEED

( EEC TREATY , ARTICLE 36 )

3 . FREE MOVEMENT OF GOODS - DEROGATIONS - PROTECTION OF HUMAN HEALTH - NATIONAL RULES PROHIBITING WITHOUT PRIOR AUTHORIZATION THE MARKETING OF FOODSTUFFS TO WHICH VITAMINS HAVE BEEN ADDED - AUTHORIZATION SUBJECT TO PROOF BY THE IMPORTER OF THE HARMLESSNESS OF THE PRODUCT - JUSTIFICATION - NONE

( EEC TREATY , ARTICLE 36 )

4 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - NATIONAL RULES PROHIBITING WITHOUT PRIOR AUTHORIZATION THE MARKETING OF FOODSTUFFS TO WHICH VITAMINS HAVE BEEN ADDED - AUTHORIZATION SUBJECT TO PROOF BY THE IMPORTER OF A MARKET DEMAND FOR THE PRODUCT - JUSTIFICATION - NONE

( EEC TREATY , ARTICLES 30 AND 36 )

Summary

1 . ALL COMMERCIAL RULES OF THE MEMBER STATES LIKELY TO IMPEDE DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , INTRA-COMMUNITY TRADE ARE TO BE REGARDED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS .

SUCH IS THE CASE OF NATIONAL RULES WHICH PROHIBIT WITHOUT PRIOR AUTHORIZATION THE MARKETING OF FOODSTUFFS LAWFULLY MARKETED IN ANOTHER MEMBER STATE TO WHICH VITAMINS HAVE BEEN ADDED .

2 . IN VIEW OF THE UNCERTAINTIES INHERENT IN THE SCIENTIFIC ASSESSMENT OF THE HARMFULNESS OF VITAMINS , NATIONAL RULES PROHIBITING , WITHOUT PRIOR AUTHORIZATION , THE MARKETING OF FOODSTUFFS TO WHICH VITAMINS HAVE BEEN ADDED ARE JUSTIFIED ON PRINCIPLE WITHIN THE MEANING OF ARTICLE 36 OF THE TREATY ON GROUNDS OF THE PROTECTION OF HUMAN HEALTH .

NEVERTHELESS THE PRINCIPLE OF PROPORTIONALITY WHICH UNDERLIES THE LAST SENTENCE OF ARTICLE 36 OF THE TREATY REQUIRES THAT THE POWER OF THE MEMBER STATES TO PROHIBIT IMPORTS OF THE PRODUCTS IN QUESTION FROM OTHER MEMBER STATES SHOULD BE RESTRICTED TO WHAT IS NECESSARY TO ATTAIN THE LEGITIMATE AIM OF PROTECTING HEALTH . ACCORDINGLY , NATIONAL RULES PROVIDING FOR SUCH A PROHIBITION ARE JUSTIFIED ONLY IF AUTHORIZATIONS TO MARKET ARE GRANTED WHEN THEY ARE COMPATIBLE WITH THE NEED TO PROTECT HEALTH .

ALTHOUGH IN VIEW OF THE PRESENT STAGE OF HARMONIZATION OF NATIONAL LAWS AT COMMUNITY LEVEL A WIDE DISCRETION MUST BE LEFT TO THE MEMBER STATES , THEY MUST , IN ORDER TO OBSERVE THE PRINCIPLE OF PROPORTIONALITY , AUTHORIZE MARKETING WHEN THE ADDITION OF VITAMINS TO FOODSTUFFS MEETS A REAL NEED , ESPECIALLY A TECHNICAL OR NUTRITIONAL ONE .

3 . COMMUNITY LAW DOES NOT PERMIT NATIONAL RULES WHICH SUBJECT AUTHORIZATION TO MARKET FOODSTUFFS LAWFULLY MARKETED IN ANOTHER MEMBER STATE TO WHICH VITAMINS HAVE BEEN ADDED TO PROOF BY THE IMPORTER THAT THE PRODUCT IN QUESTION IS NOT HARMFUL TO HEALTH , WITHOUT PREJUDICE TO THE RIGHT OF THE NATIONAL AUTHORITIES TO ASK THE IMPORTER TO SUBMIT ALL THE INFORMATION IN HIS POSSESSION NEEDED TO ASSESS THE FACTS .

4 . COMMUNITY LAW DOES NOT PERMIT NATIONAL RULES WHICH SUBJECT AUTHORIZATION TO MARKET FOODSTUFFS LAWFULLY MARKETED IN ANOTHER MEMBER STATE TO WHICH VITAMINS HAVE BEEN ADDED TO PROOF BY THE IMPORTER THAT THE MARKETING OF THE PRODUCT IN QUESTION MEETS A MARKET DEMAND .

THE SOLE FACT OF IMPOSING SUCH A CONDITION CONSTITUTES IN ITSELF A MEASURE HAVING AN EQUIVALENT EFFECT TO A QUANTITATIVE RESTRICTION PROHIBITED BY ARTICLE 30 WHICH CANNOT BE COVERED BY THE EXCEPTION IN ARTICLE 36 . THE OBJECTIVE PURSUED BY THE PRINCIPLE OF FREE MOVEMENT OF GOODS IS PRECISELY TO ENSURE FOR PRODUCTS FROM THE VARIOUS MEMBER STATES ACCESS TO MARKETS ON WHICH THEY WERE NOT PREVIOUSLY REPRESENTED .