Department of Food Science and Technology
The University of Reading, UK

Food Law

EU Food Law - Material to Support Lectures

To go to main Food Law Index page, click here.


The following are edited extracts from course material prepared by Dr David Jukes and given to students following courses in Food Law in the Department. They are not designed to provide an introduction to the topic without attending the related lectures.


Treaty of Rome (as amended):

Article 2:

The Community shall have as its task, by establishing a common market and an economic and monetary union and by implementing the common policies or activities referred to in Articles 3 and 3a, to promote throughout the Community a harmonious and balance development of economic activities, sustainable and non-inflationary growth respecting the environment, a high degree of convergence of economic performance, a high level of employment and of social protection, the raising of the standard of living and quality of life, and economic and social cohesion and solidarity among Member States.

Article 3a:

For the purposes set out in Article 2, the activities of the Community shall include, as provided in this Treaty and in accordance with the timetable set out therein:
a) the elimination as between Member States of customs duties and quantitative restriction on the import and export of goods, and all other measures having equivalent effect; .....
c) an internal market characterized by the abolition, as between Member States, of obstacles to the free movement of goods, persons, services and capital; .....
h) the approximation of the laws of Member States to the extent required for the functioning of the common market; .....
o) a contribution to the attainment of a high level of health protection; .....
s) a contribution to the strengthening of consumer protection; .....

Article 4:

The tasks entrusted to the Community shall be carried out by the following institutions:
a European Parliament
a Council
a Commission
a Court of Justice
a Court of Auditors

Article 189:

In order to carry out their task the Council and Commission shall, in accordance with the provisions of this Treaty, make regulations, issue directives, take decisions, make recommendations or deliver opinions
A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States.
A directive shall be binding as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.


Vertical vs Horizontal Legislation

Vertical: Deal with particular foods (e.g. jams; cocoa and chocolate; sugars) and lay down standards which control all aspects of the food (e.g. raw materials; manufacturing process; ingredients; labelling)

Horizontal: Deal with a particular aspect which is applicable to all foods or a group of foods (e.g. labelling; additives; packaging; hygiene)


European Developments

1957 Treaty Establishing the European Economic Community ("Treaty of Rome")
Abolition of tariff barriers

1963 Early Directives:
Work on non-tariff barriers

1969 Harmonisation Programmes:
Foodstuffs directives agreed using Article 100

1978 European Court Decisions:
Belief that Article 30 would enable free trade

1985 Single European Act - providing for the Internal Market Programme:
New impetus to harmonisation; new approach; Article 100A

1992 Treaty on European Union ("Maastricht Treaty")
Modified procedures

1993 - ? Completion of Internal Market:
Work continues


Early Directives

1962 Colouring Matter
1964 Preservatives
Specified permitted colours/preservatives but did not control levels or foods in which they could be used
1964 Fresh Meat
Specified supervision by an official veterinarian

Harmonisation Programmes

1969 Programme for the Elimination of the Technical Obstacles to Trade
43 areas including butter, pasta, ice-cream, soft drinks, beer, cheese, etc

1973 Industrial Policy Programme
41 areas similar to 1969 programme

1976 Withdrawal of Certain Proposals


Treaty of Rome (as amended)

Article 30

Quantitative restrictions on imports and all measures having equivalent effect shall, without prejudice to the following provisions, be prohibited between Member States

Article 36

The provisions of Articles 30 to 34 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of .... the protection of health and life of humans, animals or plants;.....
Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discriminations or a disguised restriction on trade between Member States


The "Cassis de Dijon" Case

In the absence if common rules, obstacles to movement within the Community resulting from disparities between the national laws relating to the marketing of a product must be accepted in so far as those provisions may be recognised as being necessary in order to satisfy mandatory requirements relating in particular to the effectiveness of fiscal supervision, the protection of public health, the fairness of commercial transactions and the defence of the consumer.

There is therefore no valid reason why, provided they have been lawfully produced and marketed in one Member State, alcoholic beverages should not be introduced into any other Member State.


Treaty of Rome (as amended):

Article 7a

The Community shall adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992, in accordance with the provisions of this Article and of Articles ..... and without prejudice to the other provisions of this Treaty.

The internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of this Treaty.

Article 100a

By way of derogation from Article 100 and save where otherwise provided in this Treaty, the following provisions shall apply for the achievement of the objectives set out in Article 7a. The Council shall, acting in accordance with the procedure referred to in Article 189b [co-decision] and after consulting the Economic and Social Committee, adopt the measures for the approximation of the provisions laid down by law, regulations or administrative action in Member States which have as their objective the establishment or functioning of the internal market.

Article 148 (2)

Where the Council is required to act by qualified majority, the votes of its members shall be weighted as follows:

For their adoption, acts of the Council shall require at least 62 votes in favour


Internal Market - Foodstuffs

Commission White Paper (1985)

: In future foodstuffs proposals would be " .. limited to provisions justified by the need to

5 "Framework" Directives:


Veterinary Legislation

Work has progressed on a vertical basis

Directives have covered subjects including:


This page was first established by David Jukes on 20 June 1996.
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