Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-07-09-Speech-1-074"
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"en.20070709.15.1-074"2
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".
Mr President, the Committee on Legal Affairs was required by the chairman of the Committee on the Environment, Public Health and Food Safety to issue its opinion on the appropriate legal basis for the proposal for a regulation of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings.
The Committee on Legal Affairs has studied the issue and, firstly, we have found that it is perfectly possible to have two different legal bases. For example, we have the judgment of the Court of Justice of 1988 in the case of the Commission versus the Council, which establishes this possibility of a twin legal basis in the event that the objectives of the protection of persons and of the functioning of the internal market coincide.
We believe that they coincide in the case of this Directive. It is not simply a directive aimed at maintaining the internal market, but also a directive that is intended to provide the maximum degree of legal protection.
There is no difficulty from a procedural point of view, because the procedure is the same: the codecision procedure. Nevertheless, we believe that the legal basis of Article 95 – based exclusively on the internal market – is not sufficient, and that it must therefore be reinforced by means of Article 175(1), which relates to the protection of people’s health."@en1
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