Case C-376/98, Germany vs. Parliament and Council, in this case the ECJ held tobacco advertise directive, though one of its purpose is to protect public health, may be well adopted under Article 95.
　　Directive 2001/95/EC on general product safety was also adopted based Article 95, with a reference to Article 152 and Article 153 (consumer protection). The objectives of the Directive are both to protect consumer health and safety and to ensure the proper functioning of the internal market.
　　(2) Article 133 (common commercial policy) and Article 175 (environmental protection)
　　See, Case C-178/03 Commission vs. Parliament and Council.
　　This case concerns annulment of regulation (EC) No 304/2003 of the European Parliament and of the Council of 28 January 2003 concerning the export and import of dangerous chemicals. The ECJ held that this regulation has two parts. The first part is transposition of an international conventional, which should be based on Article 133. Nevertheless, the amendments in the regulation, which go beyond the scope of that international convention, should be based on Article 177.
　　3. The precautionary principle
　　Case T–13/99 Pfizer Animal Health SA v. Council.
　　133. Where there is scientific uncertainty as to the existence or extent of risks to human health, the Community institutions may, by reason of the precautionary principle, take protective measures without having to wait until the reality and seriousness of those risks become fully apparent.
　　III. Public Health and Freedoms of movements
　　Except for in the area of harmonisation, public health comes out in the Treaty almost, if not always, in relation to exceptions to freedoms of movements. As a preliminary point, all Treaty provisions derogating from freedoms of movements must be interpreted narrowly and are subject to a proportionality test.
　　1. Public health as an exception to free movement of goods

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