Almost a month ago, due to the growing COVID-19 crisis in the EU, member states began to take decisions to protect their economies. Unfortunately, not all decisions were adequate and in line with EU rules and regulations. Some of them were quite chaotic and impulsive and, therefore, legally questionable. One of the decisions for which we have already written was taken by Bulgaria. Under this ruling, which was formalized by Bulgarian law, retailers were required to offer separate display and sales space for domestic food products such as milk, fish, meat and fresh eggs, honey, fruits and vegetables, and buy 90% milk. and dairy products from domestic producers.
During public debate in Bulgaria, the retail association and various experts tried to explain that the proposed law not only violates Article 34 of the Treaty on the Functioning of the EU by restricting free movement of goods, but also non-compliance with article 49 of the same treaty by restricting the freedom of retailers to decide on their assortment, the design of their sales area and to adapt their chain supply. Despite these warnings, the Bulgarian Minister of Agriculture, Food and Forestry lobbied the government and passed this controversial legislation.
The European Union unites its members on the basis of the following fundamental values: respect for human dignity and human rights, freedom, democracy, equality and the rule of law. So it was no surprise to anyone when I was 14e In May 2020, the European Commission announced that a letter of formal notice had been sent to Bulgaria regarding the discriminatory measures imposed on retailers, forcing them to give preference to domestic food products. With this letter, the EC says that in its view, Bulgaria has violated the most important part of EU law: the Treaty on the Functioning of the European Union by restricting two of the main freedoms of the Union: freedom of movement and freedom of establishment. The EC states that "such restrictions can only be justified for overriding reasons of public interest, such as public health, and must be adequate and necessary to achieve this objective. Due to extraordinary circumstances due to the situation Coronavirus and weakening sanitary conditions In EU economies, it is imperative to preserve the free movement of goods and the freedom of establishment Unjustified barriers can undermine our collective efforts to maintain the Freight and efficient transport of goods across the EU, and our ability to tackle this unprecedented crisis, in the spirit of European solidarity. Bulgaria therefore has one month to respond to the concerns expressed by the Commission Without a satisfactory response, the European Commission may decide to send a reasoned opinion to Bulgaria. "
The Bulgarian Ministry of Agriculture, Food and Forestry responded almost immediately. Later that same day, the Bulgarian minister sent the following statement to the Bulgarian media, which is also not found on the ministry's website: "The measure taken does not affect free movement of goods produced in other countries. , since the decree published on the basis of the law on measures and actions during the state of emergency does not provide for prohibition and restriction of the supply of products from the member states of the EU and third countries. Previous deliveries to points of sale of products imported from other countries and products which may be offered on the market in all points of sale in the country are not affected in any way. Through the Cabinet of Ministers adopted โ 70, urgent measures have been taken at the national level, in order to guarantee and facilitate consumer access to products from regional (local) producers. The actions of the ministry aim to support Bulgarian production, small local producers to preserve their livelihoods due to quarantine areas, difficult transport links and the risk of transmission of infection during transport. Art. 2 of the decree adopted determines the rules applicable to raw milk and to the supply of dairy products, since it is being modified after coordination with the interested parties. The measures introduced do not distort competition and the internal market, but are in the interest of the consumer, without prejudice to the rules. They were adopted in the context of an unprecedented global health, economic and even trade crisis. The Ministry of Agriculture, Food and Forests will send a reasoned opinion to the European Commission on the decree adopted concerning the supply of regional production in distribution chains. "
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The outcome of this case is not yet clear, but we are certain of one thing: crisis or not, the European Commission must do everything to protect the fundamental values โโof the country. EU and the rule of law and the internal market of the EU.
"Although it is too early to measure the effect of this legislation, I fear that the most vulnerable farms, those most in need of market access, will benefit from them not at all, "said Svetlana Boyanova, president of the Institute of Agrifood and Innovations. said to New Europe. "Unfortunately, our image as an EU member state is likely to suffer," added Boyanova. "The reason is that this controversial legislation will probably give the European Commission and the other Member States the wrong impression that Bulgaria only wants to be part of the European internal market to receive support from EU agricultural funds, but not to respect the two main freedoms of the Union: freedom of movement and freedom of establishment. Furthermore, after all these questionable measures aimed at preserving farmers, there is no visible or measurable results that show that they really work. the "benefits" of the image, we don't know what all this noise and actions consist of. "
Letter of formal notice https://ec.europa.eu/commission/presscorner/detail/en/inf_20_859