Community and national competence in health after Tobacco Advertising

Common Market Law Review

Volumn 38, Issue 6, 2001, Pages 1421-1446

  Hervey, Tamara K ^a  

^a UNIVERSITY OF NOTTINGHAM   (United Kingdom)

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EID: 0035565868     PISSN: 01650750     EISSN: None     Source Type: Journal    
DOI: 10.1023/A:1013982024653     Document Type: Article

References (120)

1. Case C-376/98, Germany v. Parliament and Council (Tobacco Advertising), [2000] ECR I-8419. See also the annotation in this Review by Usher at 000.
2. For reasons of space, the focus is on the health of humans, rather than that of animals or plants.
3. E.g. the Europe against Cancer programme (Decision 88/351/EEC of the Council and Representatives of the Governments of the Member States meeting within Council, O.J. 1988, L 160/52), which encompassed anti-tobacco campaigns, improvements in nutrition, protection against carcinogenic agents, promotion of screening policies, provision of information to the public and professionals, and research; and the Europe against AIDS programme (Decision 91/317/EEC of the Council and Ministers of Health of the Member States adopting a plan of action in the framework of the "Europe against AIDS" programme, O.J. 1991, L 175/26), which encompassed training provision, information exchange on services, research and measures to promote the safety of blood. See further, Hervey, "The European Union dimension", in Brazier, McHale and Harrington, AIDS: Epidemics, Europe and Human Rights (OUP, forthcoming); McKee, Mossialos and Belcher, "The Influence of European Law on National Health Policy", 6 JESP (1996), 263-86, p 265; Roscam Abbing, "European Community and the Right to Health Care" in Hermans, Casparie and Paelinck (Eds) Health Care in Europe After 1992 (Dartmouth, 1992), p. 24.
4. E.g. the Europe against Cancer programme (Decision 88/351/EEC of the Council and Representatives of the Governments of the Member States meeting within Council, O.J. 1988, L 160/52), which encompassed anti-tobacco campaigns, improvements in nutrition, protection against carcinogenic agents, promotion of screening policies, provision of information to the public and professionals, and research; and the Europe against AIDS programme (Decision 91/317/EEC of the Council and Ministers of Health of the Member States adopting a plan of action in the framework of the "Europe against AIDS" programme, O.J. 1991, L 175/26), which encompassed training provision, information exchange on services, research and measures to promote the safety of blood. See further, Hervey, "The European Union dimension", in Brazier, McHale and Harrington, AIDS: Epidemics, Europe and Human Rights (OUP, forthcoming); McKee, Mossialos and Belcher, "The Influence of European Law on National Health Policy", 6 JESP (1996), 263-86, p 265; Roscam Abbing, "European Community and the Right to Health Care" in Hermans, Casparie and Paelinck (Eds) Health Care in Europe After 1992 (Dartmouth, 1992), p. 24.
5. E.g. the Europe against Cancer programme (Decision 88/351/EEC of the Council and Representatives of the Governments of the Member States meeting within Council, O.J. 1988, L 160/52), which encompassed anti-tobacco campaigns, improvements in nutrition, protection against carcinogenic agents, promotion of screening policies, provision of information to the public and professionals, and research; and the Europe against AIDS programme (Decision 91/317/EEC of the Council and Ministers of Health of the Member States adopting a plan of action in the framework of the "Europe against AIDS" programme, O.J. 1991, L 175/26), which encompassed training provision, information exchange on services, research and measures to promote the safety of blood. See further, Hervey, "The European Union dimension", in Brazier, McHale and Harrington, AIDS: Epidemics, Europe and Human Rights (OUP, forthcoming); McKee, Mossialos and Belcher, "The Influence of European Law on National Health Policy", 6 JESP (1996), 263-86, p 265; Roscam Abbing, "European Community and the Right to Health Care" in Hermans, Casparie and Paelinck (Eds) Health Care in Europe After 1992 (Dartmouth, 1992), p. 24.
6. Art. 5 (ex 3b) EC provides that the Community shall act within the limits of the powers conferred upon it by the Treaty. The EU institutions are obliged to state the legal basis on which they base legislative acts, see Case 45/86, Commission v. Council (Tariff Preferences), [1987] ECR 1483. Although Art. 308 (ex 235) EC grants a residual power to the institutions to act where necessary to attain one of the objectives of the Treaty, where the Treaty has not provided the necessary powers, the Court has made it clear that this does not involve a limitless competence, see Opinion 2/94 [1996] ECR I-1759. Art. 2 EEC stated that one of the "objectives" of the Community was the "raising of the standard of living". This was interpreted by some to imply that health protection was one of the aims of the Community. If this were so, Community action could lawfully be taken on the basis of Art. 235 EC (now Art. 308). See Verwers, "Towards a New EC Health Policy?" Uniting Public Health in Europe (European Public Health Association, 1992), p. 12; cited in Van der Mei and Waddington, "Public Health and the Treaty of Amsterdam" 5 European Journal of Health Law (1998) 129-154, at 132-3. See further below.
7. Art. 5 (ex 3b) EC provides that the Community shall act within the limits of the powers conferred upon it by the Treaty. The EU institutions are obliged to state the legal basis on which they base legislative acts, see Case 45/86, Commission v. Council (Tariff Preferences), [1987] ECR 1483. Although Art. 308 (ex 235) EC grants a residual power to the institutions to act where necessary to attain one of the objectives of the Treaty, where the Treaty has not provided the necessary powers, the Court has made it clear that this does not involve a limitless competence, see Opinion 2/94 [1996] ECR I-1759. Art. 2 EEC stated that one of the "objectives" of the Community was the "raising of the standard of living". This was interpreted by some to imply that health protection was one of the aims of the Community. If this were so, Community action could lawfully be taken on the basis of Art. 235 EC (now Art. 308). See Verwers, "Towards a New EC Health Policy?" Uniting Public Health in Europe (European Public Health Association, 1992), p. 12; cited in Van der Mei and Waddington, "Public Health and the Treaty of Amsterdam" 5 European Journal of Health Law (1998) 129-154, at 132-3. See further below.
8. Also known as "integration".
9. Van der Mei and Waddington, supra note 4, 133.
10. Van der Mei and Waddington, supra note 4, 133; citing Verwers, supra note 3, p. 12; COM(95) 196 final.
11. McKee, Mossialos and Belcher, supra note 3, p. 267.
12. See Dommers, "Europese Integratie en volksgezondheid: handel noopt tot handelen", in Roscam Abbing and Van Berkenstijn (Eds.) Gezondheidsbeleid in Europa (Bohn Stafleu Van Loghum, 1995), p 46, cited in Van der Mei and Waddington, supra note 4, p. 134.
13. Geyer, Exploring European Social Policy (Polity, 2000), p. 175.
14. 1996 ECR I-3903.
15. The UK argued that the measures (banning the export of bovines, meat from bovines and products obtained from bovines liable to enter the animal feed or human food chain, or materials destined for use in pharmaceuticals or cosmetics) were adopted on the basis of economic measures and the need to reassure consumers and protect the beef market. The UK sought an interim suspension of the ban with respect to various products for which the risk of BSE was not established or had been eliminated by national measures. Essentially, the UK argued that the ban was not justified for such products. The Court took the view that the potentially (at the relevant time, the link between BSE and CJD was not clear) serious harm to public health posed by BSE did justify the measures. Implicit in the Court's reasoning was the position that the protection of public health is a fundamental duty of the EU institutions, which cannot be disregarded in the pursuit of the common agricultural policy (para 63). This implicit position was made more explicit by the "strong mainstreaming" of public health protection in all Community policies, effected at Amsterdam.
16. Van der Mei and Waddington, supra note 4, p. 134.
17. Roscam Abbing, "Public Health in the Treaty of Amsterdam" 5 European Jo of Health Law (1998), 171-175, 172.
18. Van der Mei and Waddington supra note 4, p. 135.
19. See Case C-84/94, UK v. Council (Working Time), [1996] ECR I-5755, para 15.
20. The responsibility for public health protection has now been transferred to DG Health and Consumer Protection.
21. The 1993 Council Resolution on future action in the field of public health, O.J. 1993, C 174/1, suggested that the priority areas for EU action were drug dependence, cancer, AIDS and other communicable diseases, health data, information, accidents and injuries, pollution-related diseases, and rare diseases. The Commission's action programmes suggested a slight refocusing of policy from the position of the Council, towards health promotion and the broader determinants of good health. See McKee, Mossialos and Belcher, supra note 3, p. 266.
22. For discussion of the interaction between this latter provision and the Common Agricultural Policy, see below.
23. Abraham and Lewis, Regulating Medicines in Europe: Competition, expertise and public health (Routledge, 2000), pp. 73-75; Van der Mei and Waddington, supra note 4, p. 137.
24. See Roscam Abbing, supra note 14, p. 172.
25. Community law may have an indirect impact on the financing of national health systems, through the enforcement of the directly effective provisions on free movement of goods and services, and competition law. See, in particular, Case C-120/95, Dekker, [1998] ECR I-1831 and Case C-158/96, Kohll, [1998] ECR I-1931, as discussed in Hervey, "Social solidarity: a buttress against internal market law" in Shaw (Ed.), Social Law and Policy in an Evolving European Union (Oxford, Hart, 2000) pp. 31-47.
26. COM(98) 230 final.
27. Since 1970, life expectancy at birth for women in the EU has risen by 5.5 years, and for men by almost 5 years. A girl born in 1995 can expect to live well over 80 years, a boy to nearly 74 years. COM(98) 230 final, p. 1. As a consequence of increasing life expectancies, more people are suffering from health problems related to old age, such as Alzheimer's and other degenerative disorders. It was estimated that by 2000, 8 million people in the EU will be affected by Alzheimer's. COM(98) 230 final, p. 2.
28. Council conclusions of 26 Nov. 1998 on the future framework for Community action in the field of public health, O.J. 1998, C 390/1; Council resolution of 8 June 1999, O.J. 1999, C 200/1; European Parliament Resolution A4-0082/99 of 12 March 1999, O.J. 1999, C 175/35; Opinion of the ECOSOC of 9 Sept. 1998, O.J. 1998, C 407/26; Opinion of the Committee of the Regions of 19 Nov. 1998, O.J. 1998, C 51/53.
29. COM(2000) 285-2 final.
30. Opinion of the Economic and Social Committee, 29 Nov. 2000, Bull 11-2000, point 1.4.55; Opinion of the Committee of the Regions, 14 Dec. 2000, Bull 12-2000, point 1.4.69; European Parliament first reading Report, 4 April 2001, A5-0104/2001.
31. O.J. 1999, L 184/23.
32. Decision 521/2001/EC, O.J. 2001, L 79/1.
33. Proposed Decision COM(2000) 285-2, Art. 12.
34. The CAP has implications for food safety, a major determinant of public health, and cause of illness.
35. The free movement of goods includes free movement of medicinal goods, which must be regulated to ensure safety, quality and efficacy of pharmaceuticals. The movement of goods potentially hazardous to human health, such as dangerous consumer items, also needs regulation. Free movement of persons includes movement of patients and of medical professionals, who may also move freely to provide or receive services.
36. Matters such as road safety contribute to public health.
37. Matters such as air and water quality are major determinants of public health, as may be the presence of substances hazardous to human health in the environment.
38. Food law would be a major component of health related consumer protection law, but other areas, such as cosmetics, could also be included.
39. The use of competition law to attack anti-competitive agreements such as those granting intellectual property rights to subsidiaries, or the enforcement of intellectual property rights by dominant firms, applied to the pharmaceuticals industry, may have implications for the pricing of pharmaceuticals and other medical goods within the Member States, thus affecting health care provision.
40. Measures aimed at health promotion, for instance HIV prevention and drug abuse control may form part of a contribution to economic and social development in "third countries".
41. Legislation protecting workers from workplace hazards and occupational illness and accidents make a contribution to health protection.
42. Case 45/86, Tariff Preferences, supra note 4, para 11; Case C-300/89, Commission v. Council (Titanium Dioxide), [1991] ECR I-2867; Case C-70/88, Parliament v. Council (Radioactive contamination of foodstuffs), [1991] ECR I-4529; Case C-155/91, Commission v. Council (Waste Directive), [1993] ECR I-939; Case C-84/94, Working Time, supra note 16.
43. Case C-300/89, Titanium Dioxide, supra note 39, para 10; Case C-84/94, Working Time, supra note 16, para 25; Case C-233/94, Germany v. Parliament and Council (Deposit Guarantees), [1997] ECR I-2405, para 12; Case C-269/97, Commission v. Council (Beef Labelling), [2000] ECR I-2257, para 43.
44. See e.g. Case C-271/94, Parliament v. Council (Edicom), [1996] ECR I-1689.
45. Case 68/86, UK v. Council (Hormones in Beef), [1988] ECR 855; Case C-131/87, Commission v. Council (Animal glands and organs), [1989] ECR 3743; Case C-331/88, R v. Minister of Agriculture, Fisheries and Food and Secretary of State for Health, ex parte Fedesa and others, [1990] ECR I-4023 ; Case C-180/96, UK v. Commission (BSE), [1998] ECR I-2295; Case C-269/97, Beef labelling, supra note 40.
46. Supra note 40.
47. Para 9.
48. Such as Case C-68/86, Hormones in Beef, supra note 42; Case C-131/86, UK v. Council, [1988] ECR 905; Fedesa, supra note 42.
49. Paras. 13-15.
50. See "Report on alleged contraventions or maladministration in the implementation of Community law in relation to BSE, without prejudice to the jurisdiction of the Community and national courts", 7 Feb. 1997 A4-0020/97, available internet: http://www.europarl.eu.int/conferences/bse/a4002097_en.htm.
51. Para 43.
52. Para 28.
53. Paras. 48-49.
54. Case 8/73, Hauptzollamt Bremerhaven v. Massey Ferguson, [1973] ECR 897.
55. Case C-268/94, Portugal v. Council (India Development Cooperation), [1996] ECR I-6177.
56. Para 35.
57. Para 57.
58. This in itself is, of course, not a guarantee of legality in the way that unsuccessful legal basis challenges to such measures would be.
59. Para 60.
60. Para 63.
61. The relationships between internal market law, the EU's "constitution" and social regulation in general are already well explored in the literature. See, by no means exclusively, Joerges, "European economic law, the nation State, and the Maastricht Treaty" in Dehousse (Ed.), Europe after Maastricht: An Ever Closer Union (Beck, 1994); Maduro, We the Court (Oxford, Hart, 1998); Maduro, "Striking the elusive balance between economic freedom and social rights in the EU" in Alston (Ed.), The EU and Human Rights (OUP, 1999); Majone, Regulating Europe (Routledge, 1996); Weatherill, Law and Integration in the European Union (Oxford, Clarendon, 1995); Weiler, "The Transformation of Europe", 100 Yale L J (1991), 2403.
62. The relationships between internal market law, the EU's "constitution" and social regulation in general are already well explored in the literature. See, by no means exclusively, Joerges, "European economic law, the nation State, and the Maastricht Treaty" in Dehousse (Ed.), Europe after Maastricht: An Ever Closer Union (Beck, 1994); Maduro, We the Court (Oxford, Hart, 1998); Maduro, "Striking the elusive balance between economic freedom and social rights in the EU" in Alston (Ed.), The EU and Human Rights (OUP, 1999); Majone, Regulating Europe (Routledge, 1996); Weatherill, Law and Integration in the European Union (Oxford, Clarendon, 1995); Weiler, "The Transformation of Europe", 100 Yale L J (1991), 2403.
63. The relationships between internal market law, the EU's "constitution" and social regulation in general are already well explored in the literature. See, by no means exclusively, Joerges, "European economic law, the nation State, and the Maastricht Treaty" in Dehousse (Ed.), Europe after Maastricht: An Ever Closer Union (Beck, 1994); Maduro, We the Court (Oxford, Hart, 1998); Maduro, "Striking the elusive balance between economic freedom and social rights in the EU" in Alston (Ed.), The EU and Human Rights (OUP, 1999); Majone, Regulating Europe (Routledge, 1996); Weatherill, Law and Integration in the European Union (Oxford, Clarendon, 1995); Weiler, "The Transformation of Europe", 100 Yale L J (1991), 2403.
64. The relationships between internal market law, the EU's "constitution" and social regulation in general are already well explored in the literature. See, by no means exclusively, Joerges, "European economic law, the nation State, and the Maastricht Treaty" in Dehousse (Ed.), Europe after Maastricht: An Ever Closer Union (Beck, 1994); Maduro, We the Court (Oxford, Hart, 1998); Maduro, "Striking the elusive balance between economic freedom and social rights in the EU" in Alston (Ed.), The EU and Human Rights (OUP, 1999); Majone, Regulating Europe (Routledge, 1996); Weatherill, Law and Integration in the European Union (Oxford, Clarendon, 1995); Weiler, "The Transformation of Europe", 100 Yale L J (1991), 2403.
65. The relationships between internal market law, the EU's "constitution" and social regulation in general are already well explored in the literature. See, by no means exclusively, Joerges, "European economic law, the nation State, and the Maastricht Treaty" in Dehousse (Ed.), Europe after Maastricht: An Ever Closer Union (Beck, 1994); Maduro, We the Court (Oxford, Hart, 1998); Maduro, "Striking the elusive balance between economic freedom and social rights in the EU" in Alston (Ed.), The EU and Human Rights (OUP, 1999); Majone, Regulating Europe (Routledge, 1996); Weatherill, Law and Integration in the European Union (Oxford, Clarendon, 1995); Weiler, "The Transformation of Europe", 100 Yale L J (1991), 2403.
66. The relationships between internal market law, the EU's "constitution" and social regulation in general are already well explored in the literature. See, by no means exclusively, Joerges, "European economic law, the nation State, and the Maastricht Treaty" in Dehousse (Ed.), Europe after Maastricht: An Ever Closer Union (Beck, 1994); Maduro, We the Court (Oxford, Hart, 1998); Maduro, "Striking the elusive balance between economic freedom and social rights in the EU" in Alston (Ed.), The EU and Human Rights (OUP, 1999); Majone, Regulating Europe (Routledge, 1996); Weatherill, Law and Integration in the European Union (Oxford, Clarendon, 1995); Weiler, "The Transformation of Europe", 100 Yale L J (1991), 2403.
67. Case 120/78, Cassis de Dijon, [1979] ECR 649.
68. See e.g. Case 5/77, Tedeschi v. Denkavit, [1977] ECR 1555; Case 53/80, Eyssen, [1981] ECR 409; Case C-42/90, Bellon, [1990] ECR I-4863.
69. See e.g. Case 132/80, United Foods, [1981] ECR 995; Case 97/83, Melkunie, [1984] ECR 2367; Case 35/84, Commission v. Italy (Curds), [1986] ECR 545.
70. See e.g. Case 272/80, Frans-Nederlandse Maatschappij, [1981] ECR 3277; Case 94/83, Albert Heijn, [1984] ECR 3263; Case 54/85, Mirepoix, [1986] ECR 1067; Case C-293/94, Brandsma, [1996] ECR I-3159; Case C-400/96, Harpegnies, [1998] ECR I-5121.
71. See e.g. Case 152/78, Commission v. France (Alcohol Advertising), [1980] ECR 2299 (in which the Court found, however, that the rules constituted an arbitrary discrimination in trade between Member States); Cases C-1/90 & C-176/90, Aragonesa, [1991] ECR I-4151; Case C-405/98, Gourmet International Products, [2001] ECR I-1795.
72. See e.g. Case C-473/98, Toolex Alpha, [2000] ECR I-5681.
73. See e.g. Case 104/75, De Peijper, [1976] ECR 613; Case 32/80, Kortmann, [1981] ECR 251; Cases 266 & 267/87, R v. Royal Pharmaceutical Society of Great Britain, [1989] ECR 1295; Case C-369/88, Delattre, [1991] ECR I-1487; Case C-60/89, Monteil and Samanni, [1991] ECR I-1547; Case C-320/93, Ortscheit, [1994] ECR I-5243; Case C-55/99, Commission v. France (Medical Reagents), judgment of 14 Dec. 2000, nyr.
74. See e.g. Case 50/85, Schloh, [1986] ECR 1855; Case C-314/98, Snellers, [2000] ECR I-8633.
75. See Toolex Alpha, supra note 64; Ortscheidt, supra note 65.
76. Eyssen, supra note 60; Case 174/82, Sandoz, [1983] ECR 244; Melkunie, supra note 61; Case 247/84, Motte, [1985] ECR 3887; Case 304/84, Muller, [1986] ECR 1511; Case 178/84, Commission v. Germany (Beer Purity), [1987] ECR 1227; Bellon, supra note 60.
77. See Muller, supra note 68; Cases C-95/89, Commission v. Italy, [1992] ECR I-4545, C-293/89, Commission v. Greece, [1992] ECR I-4577. C-344/90 Commission v. France, [1992] ECR I-4719.
78. Case C-17/93, Van der Veldt, [1994] ECR I-3537; Case C-205/89, Commission v. Greece, [1991] ECR I-1361; Case C-228/91, Commission v. Italy, [1993] ECR I-2701.
79. See Case 40/82, Commission v. UK (Turkeys), [1982] ECR 2793; Bellon, supra note 60; Cases C-13/91 & C-113/91, Debus, [1992] ECR I-3617.
80. Sandoz, Motte, Muller, Beer Purity, all supra note 68; Case 261/85, Commission v. UK (Pasteurised Milk), [1988] ECR 547.
81. Tedeschi v. Denkavit, supra note 60; Case 148/78, Ratti, [1979] ECR 1629; Case 251/78, Denkavit, [1979] ECR 3395; Case 190/87, Moormann, [1988] ECR 4689; Cases C-277/91, C-318/91 & C-319/91, Carni, [1993] ECR I-6621; Van der Veldt, supra note 70.
82. Case 153/78, Commission v. Germany (Meat products), [1979] ECR 2555. The Court regards rules the effect of which is a "double inspection" in Member State of dispatch and Member State of destination as particularly suspect, see e.g. Case 132/80, United Foods, [1981] ECR 995; Denkavit, supra note 73.
83. Supra note 1.
84. Ibid.
85. Case C-359/92, Germany v. Council (General Product Safety), [1994] ECR I-3681.
86. Para 33.
87. Para 34.
88. Para 37.
89. See Weatherill, Cases and Materials on EC Law (Blackstones, 1998), p. 579.
90. Case C-350/92, Spain v. Council (Supplementary Patent Protection Certificate), [1995] ECR I-1985.
91. See Art. 295 (ex 222) EC and Art. 30 (ex 36) EC.
92. Para 32.
93. Para 33.
94. Hormones in Beef, supra note 42.
95. See also Case 131/86, UK v. Council (Battery Hens), [1988] ECR 905; Case C-131/87, Animal glands and organs, supra note 42; Fedesa, supra note 42.
96. Case C-155/91, Waste Directive, supra note 39.
97. Case C-187/93, Parliament v. Council (Waste Shipments), [1994] ECR I-2857.
98. Case C-84/94, Working Time, supra note 16.
99. Case C-70/88, Parliament v. Council (Radioactive contamination of foodstuffs), [1991] ECR I-4529, concerning Reg. 3954/87 laying down maximum permitted levels of radioactive contamination of food and feed, following a nuclear accident or other radiological emergency. The measure was based on Art. 31 Euratom. Parliament claimed the proper legal basis should have been Art. 100a EEC. The Court held that the aim of the measure was to establish uniform safety standards to protect the health of workers and of the general public, as provided in Art. 2(b) EAEC. The Regulation has only the incidental effect of harmonizing the conditions of the free movement of goods within the Community. Therefore the correct legal basis had been chosen.
100. See Opinion of the A.G., Case C-376/98 Tobacco Advertising, supra note 1, para 61.
101. Supra note 1.
102. Directive 98/43/EC, O.J. 1998, L 213/9.
103. For a full discussion of the background to Tobacco Advertising, the arguments of the parties, the opinion of the Advocate General, and the ruling of the Court, see Hervey, "Up in Smoke: Community (anti) tobacco law and policy", 26 EL Rev. (2001), 101-125, and the annotation by Usher in this Review.
104. This appeared to be implicit in the Court's statement in para 76 that the national measures affected by the Directive are to a large extent inspired by public health policy objectives.
105. Para 77.
106. Para 79.
107. Paras. 84-85.
108. See Report of the European Parliament, supra note 47.
109. Paras. 77-79.
110. Supra note 51.
111. Save the exceptions in Art. 152(4)(a) and (b) EC.
112. Supra note 39.
113. See e.g. Case C-155/91, Waste Directive, supra note 39; Case C-187/93, Waste Shipments, supra note 89; Case C-42/97, Parliament v. Council (Linguistic Diversity), [1999] ECR I-869.
114. See para 67.
115. Para 77.
116. Para 79.
117. See supra note 8 and accompanying text.
118. See e.g. in addition to the activities already discussed, the Commission's proposals to establish a "European Food Authority", in order to protect those within the EU from food-related hazards to health; Commission Green Paper on Food Law COM(97) 176; Communication on Consumer Health and Food Safety COM(97) 183 final; White Paper on Food Safety, adopted on 12 Jan. 2000; Commission proposal for a Regulation laying down fundamental principles and requirements of food law, establishing a European Food Authority, and laying down procedures for food safety COM(2000) 716.
119. See paras. 83-84.
120. See cases cited supra section 3.5.