Food Law News - EU - 1998
16 April 1998: ADMINISTRATION - Barriers to trade: infringement proceedings against France
Commission Press Release (IP/98/361), 16 April 1998
Barriers to trade: infringement proceedings against France
Following complaints, the European Commission has decided to a send reasoned opinions (second stage of the infringement proceedings under Article 169 of the Treaty establishing the European Community) to France. The barrier concerns foodstuffs produced using enzyme preparations. In the absence of any satisfactory reply being given to the reasoned opinion within two months of the Member State receiving it, the Commission can bring the matter before the Court of Justice.
The Commission has decided to send a reasoned opinion to France because its legislation contains provisions which constitute a barrier to the free movement of foodstuffs produced using enzyme preparations. The rules concerned lay down a prior authorisation procedure even for products which have been legally produced and/or marketed in other Member States. In its present form, this procedure is disproportionate to the protection of the public interest (public health, consumer protection) and therefore constitutes an obstacle to the free movement of goods which is contrary to Articles 30 and 36 of the Treaty of Rome.
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