WRITTEN QUESTION E-1257/01

by Bart Staes (Verts/ALE) to the Commission

(26 April 2001)

Subject: Distortions of competition in the Belgian Federation caused by failure to comply with Directive 91/321/EEC

In the Belgian Federation, Directive 91/321/EEC(1) of 14 May 1991 is implemented by the Royal Decree of 27 December 1993 relating to advertisements for infant formulae and the distribution of free samples. The Directive constitutes an incomplete version of the International Code of Marketing of Breast-Milk Substitutes drawn up by the World Health Organisation and Unicef and adopted in 1981 by the World Health Assembly.

In answer to a question about interpretation tabled by Senator Sabine de Bethune, the Federal Minister for Consumer Affairs, Public Health and the Environment, Mrs Magda Aelvoet, stated on 22 March that promotional campaigns undertaken by manufacturers of infant formulae were in breach of that Decree. The practice of distributing free samples which equates to an advertisement for infant formulae seems to be still very common in Belgian maternity wards. That approach is not only illegal, it is also incompatible with the EC Treaty (as regards distortion of competition) and thwarts the core objective of the WHO Code, i.e. the promotion of breast-feeding on health grounds.

1. Does the Commission acknowledge that the approach taken by manufacturers and distributors of infant formulae in the Belgian Federation is in breach of Directive 91/321/EEC of 14 May 1991? If not, what are the grounds on which the Commission deems the distribution of free samples of infant formulae by manufacturers and distributors in Belgian maternity wards to be legal and in accordance with Directive 91/321/EEC of 14 May 1991? If so, will it ensure that, henceforth, Directive 91/321/EEC of 14 May 1991 is fully and properly applied in the Belgian Federation?

2. Will the Commission take action so that the entire WHO Code may be incorporated into Directive 91/321/EEC? If not, why will it take no action so that the entire WHO Code may be incorporated into Directive 91/321/EEC?

(1) OJ L 175, 4.7.1991, p. 35.

Answer given by Mr Byrne on behalf of the Commission

(4 July 2001)

1. The Honourable Member is referred to the answer given to his Written Question P-1229/01(1).

2. The International Code of Marketing of Breast-milk Substitutes World Health Organisation (WHO) Code, adopted as a recommendation, applies to the marketing of breast-milk substitutes, feeding bottles and teats. It covers a wide range of relevant issues including among others quality of products, their labelling and advertising, information and education to be provided to the public, responsibilities of health care systems and health workers.

In the Community competence on the different issues may be with the Commission, with Member States or be shared. Directive 91/321/EEC of 14 May 1991 on infant formulae and follow-on formulae, is a specific Commission Directive that covers infant formula, the product that is considered as breast-milk substitute. This Directive cannot cover feeding bottles or teats. In addition the Directive can only include provisions that deal with those issues that could be covered by Community rules.

For the above reasons the Commission cannot incorporate the entire WHO Code into Directive 91/321/EEC.

(1) OJ C 318 E, 13.11.2001, p. 227.