France Loses Enriched Foods Case

BRUSSELS - Feb 5/04 - SNS -- France's requirement that enriched foods need prior authorization before they can be sold in that country hinders the free movement of goods within the European Community, reads an EC Court of Justice decision in an action against France.

"The authorization procedure is not readily accessible, not transparent as regards the possibility of appeal to the courts and is subject to unreasonable delay. In addition, applications for authorization may be refused by the competent French authorities only if such nutrients pose a real risk to public health," the court said.

France does not permit foodstuffs intended for human consumption to which have been added nutrients (such as vitamins, minerals, amino acids and other substances), except those which it has declared to be lawful by prior examination, to be placed on the market in that country. Traders established in other Member States which had encountered difficulties in obtaining authorization to sell in France their products fortified with nutrients complained to the Commission, which brought an action before the Court of Justice in January 2000.

The Court recalls that national legislation which makes the addition of a nutrient to a foodstuff lawfully manufactured and marketed in the Member States subject to prior authorization in the interest of public health, is not, in principle, contrary to Community law on the free movement of goods, provided that certain conditions are satisfied:

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