Prior authorisation schemes: trade barriers in need of scientific justification

B.M.J. van der Meulen

Research output: Contribution to journalArticleAcademicpeer-review

3 Citations (Scopus)

Abstract

Case C-333/08 Commission v. French Republic ‘processing aids’ [2010] ECR-0000 French prior authorisation scheme for processing aids in food production infringes upon Article 34 TFEU** 1. A prior authorisation scheme not complying with the principle of proportionality, infringes upon Article 34 TFEU. 2. A correct application of the precautionary principle presupposes, first, identification of the potentially negative consequences for health, and, secondly, a comprehensive assessment of the risk to health based on the most reliable scientific data available and the most recent results of international research. 3. A Member State cannot justify a systematic and untargeted prior authorisation scheme by pleading the impossibility of carrying out more exhaustive prior examinations by reason of the considerable quantity of products which may be used or by reason of the fact that manufacturing processes are constantly changing. (author’s headnotes)
Original languageEnglish
Pages (from-to)465-471
JournalEuropean Journal of Risk Regulation
Volume2010
Issue number4
Publication statusPublished - 2010

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