Abstract
This chapter is a primer on EU market and food trade regulations. The internal market, food’s free movement and the rules applied to agricultural product and food trade are reviewed. Economic integration and the harmonization of food trade are described with emphasis on the Treaty on the Functioning of the European Union to explain the customs union and the free movement fo goods in the EU. The second section of the chapter addresses the European Union’s external market and world trade in light of the WTO and EFTA, EEA, and ACP countries.
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Notes
- 1.
The ECSC was the first international organisation based on the principles of supranationalism. The Treaty came into force in 1958. European Union (2014).
- 2.
The six founders are Belgium, France, Germany, Italy, Luxembourg and the Netherlands. The Inner Six, or simply “The Six” was in contrast to the outer seven who formed the European Free Trade Association. The Treaty establishing the European Economic Community (TEEC) was signed on 25 March 1957. The EEC was also known as the Common Market and sometimes referred to as the European Community.
- 3.
Article 2 and 3 of the Treaty of Rome.
- 4.
The SEA was signed at Luxembourg on 17 February 1986 and at The Hague on 28 February 1986. It came into effect on 1 July 1987.
- 5.
- 6.
The European Parliament was given a say in legislating and was introduced with more majority voting in the Council of Ministers.
- 7.
- 8.
Article A TEU.
- 9.
- 10.
This category includes Court of Justice case-law, international law and general principles of law.
- 11.
Article 26 states “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 the Treaties.”
- 12.
Agreement on the European Economic Area, entered into force on 1 January 1994, brings together the EU Member States and the three EEA EFTA States—Iceland, Liechtenstein and Norway—in a single market. EFTA agreement.
- 13.
Case C-173/05. Commission of the European Communities v Italian Republic.
- 14.
Case 27-67. Firma Fink-Frucht GmbH v Hauptzollamt München-Landsbergerstrasse.
- 15.
Case 7/68. Commission of the European Communities v Italian Republic.
- 16.
European Commission (EC) (2014f), Freedom to provides services/Freedom of establishment http://ec.europa.eu/internal_market/top_layer/living_working/services-establishment/index_en.htm and Article 56 TFEU (ex Article 49 TEC).
- 17.
Case C-97/98 Jägerskiöld [1999].
- 18.
Article 4 of Regulation No. (EC) 450/2008.
- 19.
Article 30 (ex Article 25 TEC).
- 20.
The Single European Act (SEA) was the first major revision of the 1957 Treaty of Rome. The Act set the European Community an objective of establishing a single market by 31 December 1992, and codified European Political Cooperation, the forerunner of the European Union’s Common Foreign and Security Policy.
- 21.
Case 24/68 Commission v Italy.
- 22.
Case C-389/00 Commission v Germany.
- 23.
Joined cases 2/62 and 3/62, Commission of the European Economic Community v Grand Duchy of Luxembourg and Kingdom of Belgium.
- 24.
Case 18/87, Commission of the European Communities v Federal Republic of Germany, Charging of fees for inspections carried out during intra-Community transport of live animals.
- 25.
Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States.
- 26.
Craig and de Búrca (2011).
- 27.
Case 2/73 Geddo.
- 28.
Case 78/70 Deutsche Grammophon v. Metro.
- 29.
Case C-320/03 Commission v. Austria.
- 30.
See European Commission (EC) (2014a), Free movement of goods.
- 31.
European Commission (EC) (2014a).
- 32.
Directive 2000/13/EC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs; regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 lays down the general principles and requirements of food law, establishing the European Food Safety Authority and lays down procedures in matters of food safety; Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91; Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 lays down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors.
- 33.
See European Commission (EC) (2014a), Free movement of goods.
- 34.
Case 2-73. Riseria Luigi Geddo v Ente Nazionale Risi European Court reports 1973 Page 00865.
- 35.
Case 8-74 Procureur du Roi v Benoît and Gustave Dassonville [1974] ECR 937; Case C-120/78; Joined cases C-267/91 and C-268/91.
- 36.
Craig and de Búrca (2011).
- 37.
See European Commission (EC) (2014a), Free movement of goods.
- 38.
Case 261/81 Rau v De Smedt.
- 39.
See European Commission (EC) (2014a), Free movement of goods.
- 40.
See European Commission (EC) (2014a), Free movement of goods.
- 41.
So also European Commission (EC) (2014a), Free movement of goods. goods/files/goods/docs/art34-36/new_guide_en.pdf.
- 42.
Case C-24/00 Commission v France [2004].
- 43.
See European Commission (EC) (2014a), Free movement of goods.
- 44.
Case C-192/01 Commission v Denmark.
- 45.
Case C-344/90 Commission v France.
- 46.
In its judgment in Case C-366/98 Geffroy, the Court ruled that Article 34 TFEU “must be interpreted as precluding a national rule…from requiring the use of a specific language for the labelling of foodstuffs, without allowing for the possibility of using another language easily understood by purchasers or of ensuring that the purchaser is informed by other means.”
- 47.
Craig and de Búrca (2011).
- 48.
Please note renumbering Article 36 is now Article 34.
- 49.
Case 120/78.
- 50.
Case C-418/02 Praktiker Bau- und Heimwerkermärkte.
- 51.
Case C-405/98.
- 52.
See European Commission (EC) (2014a), Free movement of goods.
- 53.
Case C-452/04 Fidium Finanz.
- 54.
See European Commission (EC) (2014a), Free movement of goods.
- 55.
Article 110 TFEU has direct effect. Case 57-65. Alfons Lütticke GmbH v Hauptzollamt Sarrelouis.
- 56.
Case C-170/78.
- 57.
Case C-185/73.
- 58.
Judgment of the Court of 25 March 1981—Coöperatieve Stremsel—en Kleurselfabriek v Commission of the European Communities.—Competition—Exclusive obligation to purchase rennet.—Case 61/80.
- 59.
Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff.
- 60.
European Commission (EC) (2014e), What is the Common Customs Tariff? http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/index_en.htm.
- 61.
See European Commission (EC) (2014e), What is the Common Customs Tariff?.
- 62.
European Commission (EC) (2014g), The external dimension, http://ec.europa.eu/internal_market/ext-dimension/index_en.htm.
- 63.
European Commission (EC) (2014c), External aspects of the EU’s food industry, http://ec.europa.eu/enterprise/sectors/food/international-market/wto/index_en.htm.
- 64.
See European Commission (EC) (2014c), External aspects of the EU’s food industry.
- 65.
See European Commission (EC) (2014c), External aspects of the EU’s food industry.
- 66.
See European Commission (EC) (2014c), External aspects of the EU’s food industry.
- 67.
The term “Annex I” refers to the Annex I of the Treaty on the EU’s functioning. This Annex lists all agricultural products which could be subject to a Common Market Organization in the framework of the Common Agricultural Policy.
- 68.
European Commission (EC) (2014d), International Aspects, http://ec.europa.eu/enterprise/sectors/food/competitiveness/international-aspects/index_en.htm.
- 69.
See European Commission (EC) (2014d), International Aspects.
- 70.
Switzerland, an EFTA member, has not joined the EEA.
- 71.
European Commission (EC) (2014b), Bilateral Trade Overview, http://ec.europa.eu/enterprise/sectors/food/international-market/bilateral-trade-overview/index_en.htm.
- 72.
Examples of agreements are free trade agreements, economic partnerships, association agreements, and stabilisation and association agreements.
- 73.
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Kölcsey-Rieden, R., Hulló, L. (2016). European Food Trade. In: Steier, G., Patel, K. (eds) International Food Law and Policy. Springer, Cham. https://doi.org/10.1007/978-3-319-07542-6_21
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