ECJ 1. Article 5(4)(b) and (7) of Directive 79/373 on the marketing of compound feedingstuffs must be interpreted as meaning that it does not preclude a Member State from introducing into its legislation an obligation to indicate the ingredients used, in descending order of their proportion, in those feedingstuffs, even if no such obligation existed in national law when the directive entered into force.
2. The obligation, imposed pursuant to the legislation of a Member State, to indicate the ingredients of compound feedingstuffs in descending order of their proportion, which has the effect of rendering more difficult the importation of compound feedingstuffs originating in other Member States where such a declaration is not required and which therefore comes within the prohibition laid down in Article 30 of the Treaty, is justified by the public interest in the protection of health of humans and animals, within the meaning of Article 36 of the Treaty, as well as by the requirements of consumer protection and fair trading.
3. In the exercise of the powers conferred on them with respect to the harmonization of the laws of the Member States, the Community institutions must be recognized as enjoying a discretion in relation to the stages in which harmonization is to take place, having regard to the particular nature of the field subject to coordination.
Since harmonization in the compound-feedingstuffs sector is only incomplete, it is in no way established that, by permitting the Member States, through the provisions of Article 5(4) and (7) of Directive 79/373, to maintain or introduce the requirement of the semi-open declaration, the Council exceeded the limits of its discretion.
Citations:
C-39/90, [1991] EUECJ C-39/90
Links:
European
Updated: 01 June 2022; Ref: scu.160436