it -à 
* v COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 13.12.1996 
COM(96) 683 final 
Proposal for a 
COUNCIL DECISION 
requesting the Republic of Austria to refrain from 
adopting its draft Order on the labelling of foodstuffs produced by genetic 
engineering 
(presented by the Commission) 

Explanatory memorandum 
The Austrian authorities have, through the procedure laid down in Article 16 of Directive 
79/112/EEC on the labelling of foodstuffs, notified a draft decree concerning the 
labelling of foodstuffs, including additives produced through genetic engineering. The 
draft requires the words "produced through genetic engineering" to be placed on the 
labelling of any foodstuff which is, or contains, a genetically modified organism. 
Novel foods, including those deriving from genetic engineering, were covered by a 
proposal for a Community regulation in July 1992. The Council adopted a common 
position in October 1995. Following the rejection by the Council and the Commission of 
most of the amendments Parliament adopted at second reading, the dossier is now in the 
conciliation phase. 
The notified draft runs counter to the labelling provisions laid down in the common 
position. 
Adoption of the proposal for a Regulation on novel foods will enable the Community to 
introduce labelling rules concerning, inter alia, foodstuffs produced through genetic 
engineering. These rules will be binding in their entirety and directly applicable in all 
Member States. This will entail the removal of national provisions. 
Accordingly, it would be preferable if the Austrian authorities refrained for the moment 
from adopting their draft decree. 
Proposal for a Council Decision requesting the Republic of Austria to refrain from 
adopting its draft Order on the labelling of foodstuffs produced by genetic 
engineering 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to Council Directive 79/112/EEC of 18 December 1978 on the 
approximation of the laws of the Member States relating to the labelling, presentation and 
advertising of foodstuffs for sale to the ultimate consumer, as last amended by 
Commission Directive 93/102/EC, and in particular Articles 16 and 17 thereof, 
Having regard to the proposal from the Commission, 
Whereas, in accordance with the procedure provided for in Article 16(2) of 
Directive 79/112/EEC, the Austrian authorities notified the Commission of their intention 
to adopt a draft Order on the labelling of foodstuffs produced by genetic engineering; 
Whereas the aim of the said draft is to require the words "produced by genetic 
engineering" to be indicated on the labelling of foodstuffs which are genetically modified 
organisms or are produced from genetically modified organisms; 
Whereas in July 1992 the Commission sent the Council a proposal for a Regulation on 
novel foodstuffs, in particular those produced by genetic engineering; whereas the 
Council adopted a common position on this subject in October 1995; 
Whereas the draft Order is not in agreement with the provisions of the common position 
as regards labelling since it aims to require the systematic labelling of foodstuffs 
produced by genetic engineering, which would go beyond the provisions of the common 
position; 
Whereas, in addition, there are no plans at Community level to require operators to 
include a specific wording on the labelling, as provided for in the draft Austrian Order; 
1 OJ L 33, 8.2.1979, p. 1. 
2 OJL 291, 25.11.1993, p. 14. 
Whereas this finding has prompted the Commission to deliver a negative opinion 
pursuant to Article 16(2)(2) of Directive 79/112/EEC; 
Whereas, by adopting the proposal for a Regulation on novel foodstuffs, the Community 
will be introducing rules on the labelling of novel foodstuffs, in particular foodstuffs 
produced by genetic engineering; 
Whereas these rules will be general in scope, binding in their entirety and directly 
applicable in all Member States; 
Whereas the Member States will therefore no longer be able to maintain their 
corresponding national provisions; 
Whereas it is therefore necessary to request the Austrian authorities to refrain from 
adopting their draft regulations; 
Whereas, in accordance with the procedure laid down in article 17 of Directive 
79/112/EEC, a draft of this Decision was submitted to the Standing Committee on 
Foodstuffs; whereas the latter was unable to deliver an opinion; whereas in accordance 
with that same procedure the Commission has submitted a proposal to the Council 
regarding the measures to be adopted, 
HAS ADOPTED THIS DECISION: 
Article 1 
The Republic of Austria is hereby requested to refrain from adopting its draft Order on 
the labelling of foodstuffs produced by genetic engineering. 
Article 2 
This Decision is addressed to the Republic of Austria. 
Done at Brussels, By the Council 
ISSN 0254-1475 
COM(96) 683 final 
DOCUMENTS 
EN 03 15 10 
Catalogue number : CB-C0-96-694-EN-C 
ISBN 92-78-13639-5 
Office for Official Publications of the European Communities 
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