Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
|
|
Commission Notice, Official Journal (C114, p11), 28 March 2018
The full notice is published in the Official Journal. See: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOC_2018_114_R_0006&from=EN. Given below are the opening and closing sections of the notice.
Opening Paragraph:
By letter of 10 November 2017, which reached the Commission on 14 November 2017, Denmark notified the Commission of its wish to maintain national provisions on the use of nitrite additives in meat products that differ from Regulation (EC) No 1333/2008 of the European Parliament and of the Council into Danish law. Order No 1044 of 4 September 2015 on food additives etc. in foodstuffs (BEK nr 1044 af 04.09.2015, Udskriftsdato: 25.09.2017, Fødevarerministeriet). The notification concerns the substances potassium nitrite (E 249) and sodium nitrite (E 250) (nitrites) in Annex II Part E to the Regulation, food category 8 (EU list).
Final Paragraphs:
The Commission will process this notification in accordance with Article 114(4) and (6) TFEU. Article 114(4) provides that if, after the adoption of an EU harmonisation measure, a Member State wishes to maintain its more stringent national provisions on grounds of major needs referred to in Article 36 TFEU or relating to the protection of the environment or the working environment, it shall notify them to the Commission indicating the reasons for maintaining them. Following the notification of the Danish provisions the Commission has 6 months to approve or reject them. In this period the Commission shall verify whether the maintenance of the Danish provisions is justified on grounds of major needs referred to in Article 36 or relating to the protection of the environment, and that they do not constitute a means of arbitrary discrimination or a disguised restriction on trade and that they do not create an unnecessary and disproportionate obstacle to the functioning of the internal market.
Any party who wishes to provide comments on this notification must send them to the Commission within 30 days from the publication of this notice. Any comment submitted after this period will not be taken into account.
