 Zagreb University – Law Faculty European Public Law “EU and International Food Law” Seminar II 21 April 2016 Daniela Corona

AGRI-FOOD sector: Central role in the legislative activity of the EU  Common Agricultural Policy (CAP)  One of the most regulated sector  “casus-belli” of some of the most important CJEU judgment  Controversial issues: GMOs, Hormones etc.

Authorities, Businesses, Consumers Source: Bernd M.J van der Meulen, 2013

Main stages  EEC: self-sufficiency in the agriculture sector  BSE crisis (mid-1990s’)  Harmonisation through vertical directives  Cassis de Dijon (C-120/78): mutual recognition  Harmonization through horizontal directives  White Paper on Food Safety (2000)  EFSA; Action plan on Food safety

Overview of EU Food Law Source: Bernd M.J van der Meulen, 2013

“General Food Law”  Regulation 178/2002: from farm to fork  “…high level of protection of human life and health and the protection of consumers’ interests...taking account the protection of animal health and welfare, plant health and the environment”  Risk analysis and science  Precautionary principle (art. 7 GFL)  Standards

Pre-market rules  Pre-market approval requirements for certain types of substances/food (additives, novel food, GMOs)  Thresholds (contaminants, residues of pesticides, veterinary drugs)  HACCP system (hazard analysis and critical control points)

Presentation of Food  Labelling: Regulation 1169/2011  Protected Designation of Origin (PDO): Regulation 510/2006  Recognized Traditional Specialties (TSG): Regulation 509/2006  Organic Food: Regulation 834/2007

Enforcement and Incident Management  Regulation 882/2004 on official controls  Food and Veterinary Office (FVO)  Rapid Alert System for Food and Feed (RASFF)  EU Border Inspection Posts  Businesses, National Authorities and EC

International arena Trade in food Scope of WTO Goods GATT SPS TBT Services GATS Intellectual Property Rights TRIPS WTO STRUCTURE

WTO - Goods  GATT: liberalize international trade by setting equal treatment of all trading partners BUT necessity to make exceptions  Art. XX(b)… protection of HEALTH  SPS: measures scientifically justified, not discriminatory, nor disguised barriers to trade  if no scientific evidence, provisional application (see Hormones case)  TBT: technical barriers to trade, voluntary standards (not for health protection reasons)

Harmonization of standards  SPS Agreement, art. 3: “ To harmonize sanitary and phytosanitary measures on as wide a basis as possible, Members shall base their sanitary or phytosanitary measures on international standards, guidelines or recommendations, where they exist, except as otherwise provided for in this Agreement (…)”.  “3 sisters”: - CODEX (food) - International Office of Epizootics (animal health) - International Plant Protection Convention (plant health)

Codex Alimentarius

Codex standards in EU Law and CJEU case-law  Regulation 1181/2003, laying down common marketing standards for preserved sardines  Directive 2002/82, laying down specific purity criteria on food additives other than colours and sweeteners  Commission Directive 2002/63, establishing Community methods of sam- pling for the official control of pesticide residues in and on products of plant and animal origin  Emmenthal case, C-488/98

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