106If the twofold objective of Regulation No 258/97, namely ensuring the functioning of the internal market in novel foods and protecting public health against the risks to which those foods may give rise, is not to be adversely affected, protective measures adopted under the safeguard clause may not properly be based on a purely hypothetical approach to risk, founded on mere suppositions which are not yet scientifically verified (see to that effect, as regards a non-harmonised field, the judgment of the EFTA Court in Case E-3/00 EFTA Surveillance Authority v Norway, EFTA Court Reports 2000-2001, p. 73, paragraphs 36 to 38).
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