43It should be recalled that, though their objective is the protection of human health, Directives 2001/83 and 2002/98 were not adopted on the basis of the same articles of the FEU Treaty. Thus, Directive 2001/83 is based on Article 114 TFEU, the object of which is the establishment and functioning of the internal market, whereas Directive 2002/98 is based on Article 168 TFEU, which provides for a high level of human health protection. Article 168(4)(a) TFEU does, it is true, provide that the Member States cannot be prevented from maintaining or introducing more stringent protective measures, a provision expressly reproduced in Article 4(2) of Directive 2002/98.
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