Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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Commission News Item, 14 May 2020
The following is the introduction section. See below for the one item relating to food issues.
Overview by policy area
In its regular package of infringement decisions, the European Commission pursues legal action against Member States for failing to comply with their obligations under EU law. These decisions, covering various sectors and EU policy areas, aim to ensure the proper application of EU law for the benefit of citizens and businesses.
The key decisions taken by the Commission are presented below and grouped by policy area. The Commission is also closing 70 cases in which the issues with the Member States concerned have been solved without the Commission needing to pursue the procedure further.
On 30 January 2020, the World Health Organization (WHO) declared the COVID- 19 outbreak a ‘public health emergency of international concern' and, on 11 March, characterised it as a pandemic. While the Commission has made it clear that it will continue to pursue infringement proceedings in cases it deems necessary, it has also acknowledged that the COVID-19 pandemic and the ensuing measures to combat the pandemic have put a serious strain on national administrations. In particular, in certain cases the crisis may also affect the capacity of the Member States' administrations to ensure the implementation of EU law. In light of this, the Commission recently informed the Member States that the time periods for replies to ongoing infringement procedures launched since the beginning of the year have been extended. And today, it has been decided to give Member States the possibility to reply to each letter of formal notice and reasoned opinion submitted in this infringements package, within four months instead of the usual two months.
For more information on the EU infringement procedure, see the full MEMO/12/12. For more detail on all decisions taken, consult the infringement decisions' register.
The following relates to food:
Free movement of goods and freedom of establishment: Commission asks BULGARIA to remove discriminatory measures obliging retailers to favour domestic food products
The Commission is sending today a letter of formal notice to Bulgaria regarding discriminatory measures imposed on retailers, obliging them to favour domestic food products.
Bulgarian law obliges retailers to offer distinct exposure and sale space for domestic food products, such as milk, fish, fresh meat and eggs, honey, fruits and vegetables, and to purchase 90% of milk and dairy products from domestic producers. Such obligations restrict the free movement of goods, enshrined in Article 34 of the Treaty on the Functioning of the EU (TFEU), as it creates more advantageous and competitive marketing conditions for domestic food products, discriminating against similar imported products. It further restricts the freedom of establishment under Article 49 TFEU, in restricting the freedom of retailers to decide on their assortment, on the lay out of their sales surface, and to adapt their supply chain.
Such restrictions may only be justified by overriding reasons of general interest, such as public health, and must be suitable and necessary for attaining that objective. Due to the extraordinary circumstances due to the coronavirus sanitary situation and the weakening of EU economies, it is an imperative to preserve the free movement of goods and the freedom of establishment. Unjustified obstacles can undermine our collective efforts to keep freight moving freely and efficiently across the EU, and our capacity to fight this unprecedented crisis, in the spirit of European solidarity.
Therefore, Bulgaria has one month to reply to the concerns raised by the Commission. Without a satisfactory response, the European Commission may decide to send to Bulgaria a reasoned opinion.
