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Summary Food Law (LAW22806)
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Summary of the Food Law lectures
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Lectures Food Law31/10/2023
Lecture 1. Intro and political paradigms
Law is everywhere…
- General food law
- Food information to consumers regulation
- Food contact materials
- Maximum residue levels
Within the EU a lot of laws are established in the EU law
The roll of law in food system
- Safe and healthy food
- Food security
- Inclusiveness
- Sustainability and resilience
Research EU law
- Rapid Alert System for Food and Feed
- EU register of nutrition and health claims
- Database Training this Friday
ILAC (solving legal problems)
- Issue
- Law
- Application
- Conclusion
Within the EU there are all legal relations that are signed by different treaties
Most important treaty = treaty of Lisbon
- The Treaty of Lisbon recognises the European Council as an EU institution, responsible for
providing the Union with the 'impetus necessary for its development' and for defining its
'general political directions and priorities'
Treaty changes are really difficult, they are the foundation
How does the EU make laws ?
The treaty sets up certain institutions that can make laws
- The EU has the capacity to pass laws but it happens trough the institutions
- The treaty created institutions (the EU parliament, EU commission, Council of EU)
, - There are rules how laws can be created and they are described in the treaty (also mentioned
in the reader)
European commission
- The only body that can propose a law (they make the proposals)
o Do not have a vote
o The European parlement and the council together vote if the law will be accepted
Council of the European union
- Delegation of the ministers, prime ministers come together to discuss a proposal and vote
o Intergovernmental body where where each government represents their own
national interest
European council
- heads of state, they meet in a political forum. Make political decisions at a high level
o Presentation of the national government
Court of justice
- The European court system
European court of Auditors
- Is auditing the different activities of the EU
Sources of law:
- EU treaties (is a legal document)
- General food law (sort of umbrella framework)
- Specific legislation
Laws are mainly about food safety avoiding hazards
Over time there have been 4 main political paradigms that shaped food law
1. Agricultural policy
a. Agricultural treaty provisions have remained practically unchanged
b. Common market in agricultural products/common marketing standards for
agricultural products
2. Common market
a. Create of single integrated market
b. Includes: Trade, safety standards, product
standards
, c. Vertical harmonisation approach was used to create a common market create
product standards (first phase of common internal market regulation)
i. Not possible for all product on the market
3. Food safety law
a. BSE crisis, E-coli these public crisis triggered a huge reaction, food safety crisis (like
the BSE crisis) brought food law to the attention
b. White paper on food safety was adopted (politically document that changed the
course of Food Law within the EU)
c. Creation of the general food law regulation as an result of the white paper
i. Specific sectorial legislation to ensure safety
4. Sustainability strategy
a. Farm to fork strategy (it’s not a law, it proposes what the goals are, like the white
paper) more an inspiration, not a law
b. Farmer to fork strategy = for a fair, healthy and environmental friendly food system
i. Action plan Farm to fork:
1. Proposal for legislative framework for sustainable
2. Initiative to improve the corporate governance framework
3. Proposal for harmonised mandatory ….
c. European green deal (strategy of sustainable growth the Farm to fork strategy is
the strategy that is established for the food market
i. Are never translated to binding targets that have to be meet
d. A view things have already been started and put in motion of the farm to fork
strategy
Origin of the EU..
- Post world war II
o Food storage and food security became more important
Lecture 2. Food system: internal market; free movement of goods
The Lisbon treaty, consist of 2 treaties:
- Treaty on European union
o Outlines the goals: more general
- Treaty on the functioning of the EU
o Much more concrete
Economic integration models
Common single market factor mobility across borders: free trade of goods, jobs, services
Where can we find it?
Free trade between members: article 30 TFEU
Common external tariffs: article 31 TFEU (customer union)
Factor mobility across borders: article 34 & 36 TFEU
Customs union: no customs duties
Within the EU no customs duties
How do you ensure free movement of goods?
, Overall there is free movement, but there are some restrictions because different countries have
different rules when it comes to certain product properties. In the Netherlands some product cannot
contain certain components, but in other countries it can be present
- Article 26
Ban on quantitative restrictions and measures of equivalent effect
Article 34 most important article on treaty based level
This article just prohibits some trade obstacles
- Kwantitatieve invoerbeperkingen en alle maatregelen van gelijke werking zijn tussen de
lidstaten verboden
Exceptions to free movement
Number of prohibitions or restrictions on import, export or goods in transits justified grounds
- Article 35 & 36
Internal market
- These are fundamental treaty rules, but they apply only in as so far has not been any
harmonization of the matter
- The treaty is a fall back, first you apply the law (the specific law will always first be applied
otherwise the treaty will apply)
Negative integration when some components are restricted, what is not allowed
Positive integration harmonisation by legislation
Case law check
- When to you use case de Dijonn? case about a liquor, skip to the bold part if you want to
know the outcome of the court
- Article 34
Principle of mutual recognition = when a product is produced and marketed in one member state of
the EU it should also be possible to be produced and marketed in another EU state
- When a product with 15% alcohol can be called liquor in one country it should be marketed
in that way in other countries in the EU
- Mutualising products
- The major risk: it deregulates
- It is not unlimited article 36 (if you want to justify u should justify it on the ground of the
protection of health and life of humans or plants
Other accepted justifications
- Effectiveness of fiscal supervision
- Protection of public health
- Fairness of commercial transactions
- Defence of the consumer
Which justification were put forward by the governance in de case de Dijon?
- Paragraph 10 gives a summary of what the German governance has said
o Names the public health article 36: use of this article to justify their point (not to
place the product al liquor on the market because it contains less alcohol)
o Court did not accept it not really a public health issue (more commercially)
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