68In those circumstances and in view of the need for the Community legislature to take account of the precautionary principle when it adopts, in the context of the policy on the internal market, measures intended to protect human health (see, to that effect, Case C-157/96 National Farmers' Union and Others [1998] ECR I-2211, paragraph 64, and Case C-180/96 United Kingdom v Commission [1998] ECR I-2265, paragraph 100, and Case C-41/02 Commission v Netherlands [2004] ECR I-11375, paragraph 45), the authors of Directive 2002/46 could reasonably take the view that an appropriate way of reconciling the objective of the internal market, on the one hand, with that relating to the protection of human health, on the other, was for entitlement to free movement to be reserved for food supplements containing substances about which, at the time when the directive was adopted, the competent European scientific authorities had available adequate and appropriate scientific data capable of providing them with the basis for a favourable opinion, whilst giving scope, in Article 4(5) of the directive, for obtaining a modification of the positive lists by reference to scientific and technological developments.
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