Brussels, 11/02/2015 (Agence Europe) - The General Court of the EU confirmed on Wednesday 11 February that the biological method of detection of marine biotoxins in live bivalve molluscs may be replaced by a chemical method.
In its judgment (in case T-204/11, Spain v Commission), the Court took the view that the chemical method put in place by the Commission better protects the health of consumers and also allows the number of tests on animals to be reduced. It therefore ruled against Spain in this case.
The EU has rules that limit the total amount of marine biotoxins which may be contained in live bivalve molluscs sold for human consumption (in particular, clams, oysters, mussels, scallops and other shellfish). Between 2005 and 2011 the official method of detection under EU law of lipophilic biotoxins was the biological method. That method involved, inter alia, using mice in order to carry out the analyses. In 2009, the European Food Safety Authority (EFSA) took the view that the biological method had shortcomings. In 2010, the EU adopted a directive to protect animals used for scientific purposes. In 2011, the Commission changed the methods of analysis for the detection of marine biotoxins. Henceforward, the official method is the chemical method LC-MS/MS, judged to be more reliable and not involving the use of animals.
Spain took the view that the Commission had infringed the Treaties because, in its opinion, the replacement of the biological method by the chemical method as the reference method seriously undermines the protection of public health and severely affects producers in Galicia. It alleged an infringement of Article 168 TFEU and the principles of proportionality and the protection of legitimate expectations.
With its ruling, the Court rejects the action brought by Spain. It emphasises that, taking account of the scientific assessments by EFSA, maintaining the biological method would have created a risk for public health. The Court also observes that Spain has not established that the decision to replace the biological method by the chemical method entails a risk to public health contrary to the TFEU. Spain has not proved that the chemical method is less reliable than the biological method. The Court considers that the principle of proportionality has not been infringed, since the additional costs alleged by Spain by reason of the use of the chemical method cannot be regarded as excessive as compared with the objective of protecting the health of consumers of bivalve molluscs. Neither was there any infringement of the principle of the protection of legitimate expectations, in the Court's view. (Lionel Changeur)