Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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Commission Infringement decisions, 19 April 2023
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 135 cases in which the issues with the Member States concerned have been solved without the Commission needing to pursue the procedure further.
The following are two items taken from the various items contained in the list:
Reasoned opinions
Food safety: Commission urges ROMANIA to correctly apply EU rules on the hygiene of foodstuffs
Today, the European Commission decided to send a reasoned opinion to Romania (INFR (2020)4041) for failing to comply with EU rules on the general principles and requirements of food law (Regulation (EC) No 178/2002), on the hygiene and foodstuffs (Regulation (EC) No 852/2004), with the specific hygiene rules for food of animal origin (Regulation (EC) No 853/2004) and with a procedure for the provision of information in the field of technical regulations (Directive 2015/1535).
The Romanian authorities established national rules derogating from the food hygiene requirements applicable across the European Union which aim at ensuring food safety for the benefit and protection of European consumers. Furthermore, the national rules adopted by Romania fail to comply with certain definitions, which are laid down in EU law, such as retail trade, primary product, and primary production of foodstuffs. The infringement concerns game meat, wild caught fish, and quail eggs. It also concerns the retail trade in non-primary products of animal origins.
The Commission also considers that Romania breached the notification obligations under Directive 2015/1535 by failing to notify the national rules to the Commission before adopting them. The Commission sent a letter of formal notice to Romania in July 2020. Since Romania still has not complied with it, the Commission has decided to send a reasoned opinion. Romania has now two months to take the necessary measures to comply with the reasoned opinion. Otherwise, the Commission may refer the case to the Court of Justice of the European Union.
Referrals to the Court of Justice
The European Commission decides to refer BULGARIA to the Court of Justice of the European Union for failure to correctly apply EU rules on the marketing of natural mineral water and spring water
Today, the European Commission decided to refer Bulgaria (INFR(2020)4042) to the Court of Justice of the European Union for failing to fulfil its obligations under Directive 2009/54/EC on the exploitation and marketing of natural mineral waters. The European Commission is indeed taking legal steps to guarantee consumers' right to information, protect them from being misled and to ensure fair-trading.
The Commission considers that the Bulgarian legislation does not comply with the rules, in particular since the Bulgarian legislation does not prohibit the marketing of natural mineral and spring waters, which originate from one and the same spring, under more than one trade description, as required by the Directive.
After the Commission sent a letter of formal notice in July 2020 and a reasoned opinion in September 2021, the Commission concluded that the identified breaches of Directive 2009/54/EC have not been resolved. Consequently, the Commission decided today to refer Bulgaria to the Court of Justice.
