The Legal Approach to EEC Dairy Policy

Abstract

The Common Agricultural Policy governing the dairy sector may on first sight give the impression of consisting of a mass of bureaucratic rules creating a system which is the antithesis of the free market. However, although the skeleton of the policy may be bureaucratic its life‐blood is the operation of competitive forces. Actual management of the market is limited to the minimum strictly necessary to achieve current policy aims. Community law itself recognises a number of guarantees to which resort can be made in the case of interference by member states or commercial enterprises with the operation of competitive forces in the dairy sector. Even the Community Council of Ministers has certain legal constraints on its legislative powers such as the requirement to satisfy the principle of proportionality which has been held by the Community Court as being relevant, for example in determining to what extent it is legitimate to affect the competitive position of another agricultural sector by a measure designed to encourage the disposal of surplus milk products. Remaining impediments to free movement of dairy products mean that the single market envisaged by the creation of the common dairy regime more than 20 years ago has not been completely achieved. 1992 is therefore a significant date for the dairy trade. The abolition of the remaining restrictions in Intra‐Community trade and the increasing concentration of the dairy industry are likely to increase the relevance of the Articles of the EEC Treaty dealing with anti‐competitive conduct of enterprises to this sector.

Citation

Harmsworth, G.N. (1989), "The Legal Approach to EEC Dairy Policy", British Food Journal, Vol. 91 No. 3, pp. 3-8. https://doi.org/10.1108/EUM0000000002279