ECJ Approximation of legislation – preservatives which may be used in foodstuffs intended for human consumption – duty of member states – scope – right of individuals to rely upon the provisions of Directive 64/54/EEC – limits
(Council Directive 64/54/EEC)
At the present stage in the approximation of legislation in the field of preservatives , member states are not bound to authorize for use in foodstuffs all the substances the use of which is permitted by Directive 64/54/EEC. They have retained a certain discretion to determine their own rules concerning the addition of preservatives to foodstuffs, subject to the twofold condition that no preservative may be authorized unless it appears in the list annexed to the directive and that the use of a preservative which is listed there may not be totally prohibited except in special cases where there is no technological necessity.
In these circumstances, an individual who is prosecuted for using sorbic acid in certain foodstuffs intended for human consumption cannot rely upon the provisions of Directive 64/54/eec authorizing the use of that preservative if the applicable national legislation permits the use thereof in other foodstuffs intended for human consumption.
Citations:
R-108/80, [1981] EUECJ R-108/80
Links:
European, Crime
Updated: 21 June 2022; Ref: scu.214967