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Keyword: Precautionary principle

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The search returned 2 results.

Managing Post-Brexit UK-EU Food Trade journal article

How Deep Can ‘Deep Regulatory Cooperation’ Be?

Chris Downes

European Food and Feed Law Review, Volume 15 (2020), Issue 1, Page 35 - 52

The EU and UK have signalled their common aim of deep regulatory cooperation after Brexit. In the area of sanitary and phytosanitary (SPS) measures that govern food trade, this comprises regulatory discipline that extends beyond existing WTO obligations. While the Theresa May government’s ambition of ‘frictionless trade’ may have been cast aside, minimising new SPS barriers remains essential to the new trading relationship. This article evaluates the prospects of deep EU-UK regulatory cooperation in this domain, outlining the EU’s traditional approach to SPS Chapters in free trade agreements and discussing more ambitious alternatives. It focuses on five of the key SPS negotiating areas identified by the European Commission: approvals and authorisations, trade facilitation, transparency, bilateral consultation mechanisms and the precautionary principle. It identifies areas where advancing ‘WTO-Plus’ obligations appears feasible, and those where deeper cooperation looks less promising. In so doing, it seeks to provide a helpful framework for analysing the upcoming negotiations. Keywords: SPS; Brexit; food law; transparency; equivalence; precautionary principle; FTA; mutual recognition.

The Labelling of Nanomaterials under EU Law, with a Particular Focus on France journal article

Patrick Coppens, Francesco Planchenstainer

European Food and Feed Law Review, Volume 14 (2019), Issue 2, Page 152 - 159

The use of nanomaterials in foods is one of the emerging areas for innovation that is addressed by EU Food Law. New applications of nanomaterials require pre-market authorisation under the Novel Foods Regulation (EU) 2015/2283 or, in the case of food additives, under Regulation (EC) 1333/2008. Under the labelling provisions (Regulation (EU) 1169/2011) the presence of engineered nanomaterials needs to be indicated in the labelling of foods. These regulations apply in all EU Member States. Recently, however, controversy has arisen, in particular in France, with a seemingly diverging application of these laws and a legal initiative to ban the use of a food additive (E171 – Titanium Dioxide) based on safety concerns because of the presence of nanoparticles. The paper describes the background and provides a legal analysis of the consistency of these developments with EU legal principles. Keywords: EU Commission; France; Labelling; Novel foods; Food additives; Nanomaterials; Precautionary principle; Titanium dioxide.

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