WRITTEN QUESTION E-0741/03

by Roberta Angelilli (UEN) to the Commission

(11 March 2003)

Subject: Counterfeiting of Italian tinned tomatoes

In February 2003, following an investigation carried out by Coldiretti (Europe's largest farmers' organisation), it was revealed that 82 000 out of the 396 000 tonnes of tinned tomatoes produced in Italy in 2002 were imported from China. If this is true it would mean that some Italian tinned products contain tomato concentrate from China. It is obvious, therefore, that some processing companies place on the Italian market tinned goods which contain a mixture of Italian and Chinese produce although this is not clearly specified on the label. This constitutes food counterfeiting, since labels carry no indication whatsoever concerning the origin of the raw materials; they merely state the place in which the raw materials were processed and the product itself was manufactured and opportunistically bear an image of a traditional Italian tomato-growing area. All of this creates enormous confusion amongst Italian purchasers/consumers, who enjoy no protection whatsoever at the time of purchase and are not properly informed regarding product origin.

The consequence of this for the Italian processing industry, which uses only products of Italian origin and which is subject to customs duties, is a huge loss of profit (Italy being the world's second largest tomato producer after the USA) and distorted competition.

Will the Commission say:

1. whether or not this state of affairs infringes Articles 30 and 135 of the EC Treaty on consumer protection and Articles 85 and 86 of the EC Treaty on competition;

2. whether or not this state of affairs contravenes Directive 2000/13/EC(1) (in particular recitals 6 and 8 and Articles 2, 3, 5 and 7) on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs;

3. whether or not this state of affairs contravenes Regulation (EC) No 178/2002(2) (in particular recitals 1, 2, 8, 10 and 22 and Articles 1(1), 5(1), 7(1), 8, 11, 16, 17 and 18 on the general principles and requirements of food legislation;

4. what action it intends to take in order to put a stop to the repeated infringements of EU law?

(1) OJ L 109, 6.5.2000, p. 29.

(2) OJ L 31, 1.2.2002, p. 1.

Answer given by Mr Byrne on behalf of the Commission

(30 April 2003)

In 2002 the Community as a whole imported approximately 155 000 tonnes of tomato preparations (concentrates, purees, crushed peeled tomatoes, etc), of which 125 000 tonnes came from China and approximately 125 000 tonnes were for inward processing. Italy is the chief importer of these products: 126 000 tonnes imported, including 110 000 tonnes from China and 120 000 tonnes for inward processing. Concentrates of Chinese origin imported into Italy for use in products intended for the domestic market amounted to only 3 400 tonnes. These figures indicate that the bulk of the importations of tomato preparations into Italy from China is destined for re-exportation to third countries, principally in Africa.

As regards Article 30 of the EC Treaty, the Commission would emphasise that this Article relates to the free movement of goods between Member States. Article 153 lays down the principles and types of measures to be adopted by the Community to ensure consumer protection.

These Articles do not therefore provide a directly applicable legal basis for assessing whether the information provided to consumers through the labels on tins of Italian tomatoes is inadequate or incomplete.

The provisions actually applicable in this instance, as the Honourable Member mentions, are those of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs.

As regards giving the particulars of the place of origin or provenance of foodstuffs, Article 3 of the Directive provides that this is compulsory only where failure to do so might mislead the consumer to a material degree as to the true origin or provenance of the foodstuff.

Consequently, if there is any element that could mislead the consumer as to the precise origin or provenance of a foodstuff, the true origin or provenance of the foodstuff in question must be indicated so that, in accordance with the principle laid down in Article 2, the consumer cannot be misled by the labelling or the method of presentation.

The Commission has not so far received any information to indicate that such a situation exists with regard to tinned tomatoes from Italy.

As regards Articles 5 and 7 of the aforementioned Directive, which relate respectively to the names under which products are sold and the statement of quantity of the ingredients, the Commission does not believe that they are effective in the case in question.

As regards the applicability of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, it is important to point out that this Regulation lays down general objectives, general definitions and general principles relating to food legislation.

The principles laid down in Article 8 of this Regulation are admittedly relevant as regards deceptive practices, since this Article provides that food legislation shall aim to protect consumers' interests and, in particular, prevent fraudulent or deceptive practices. However, this Article imposes an obligation on the lawmakers, not the operators. Also, as already mentioned, the legislation applicable to the case in question is Directive 2000/13/EC, and this Directive already meets the objectives laid down in Article 8.

Of the other Articles of Regulation (EC) No 178/2002 cited by the Honourable Member, it should first of all be noted that Articles 11, 16, 17 and 18 are not due to become applicable until 1 January 2005. These Articles lay down general principles concerning the importation, presentation, control and traceability of foodstuffs, and are therefore not directly applicable to the case in question. As to the other Articles cited, they have no effect. Article 1, for example, simply states that the Regulation provides the basis for the

assurance of a high level of consumer protection, and is therefore not directly applicable. Similarly, Article 5(1) sets out a framework for lawmakers, stipulating that food law shall pursue one or more general objectives, including the protection of consumers' interests. Article 7(1), concerning the precautionary principle, relates to circumstances where, following an assessment of available information, the possibility of harmful effects on health is identified but scientific uncertainty persists. The problem raised by the Honourable Member does not reflect this type of situation.

As regards the labelling rules applicable in general to all foodstuffs, the Commission has just launched an evaluation of the legislation currently in force, in particular Directive 2000/13/EC, with a view subsequently to proposing relevant adaptations aimed at ensuring that consumers are given the best possible information.