WRITTEN QUESTION E-3354/98

by Maartje van Putten (PSE) to the Commission

(16 November 1998)

Subject: Labelling of foodstuffs produced with certain genetically modified organisms (GMOs)

For the implementation of Regulation 1139/98(1), it is proposed that a threshold value for the detection of genetically modified DNA and protein is necessary. Article 2 of the Regulation moreover stipulates that a list of exempted products - those not subject to the additional specific labelling requirements - is to be drawn up.

1. Has the Commission succeeded in fixing the above threshold value in the interim? If so, on what is it based? If not, why has the Commission still not been able to arrive at a threshold value and how much longer will it take for a threshold value to be specified?

2. Will the Commission also fix a ceiling for levels of contamination by GMO-material where GMO-free labels are used? If so, will the ceiling coincide with the aforesaid threshold value for compulsory labelling of foodstuffs containing genetically manipulated crops?

3. Can the Commission state whether the aforesaid list of exempted products already exists? If not, when can such a list be expected and what arrangements will then be made to monitor for compliance with the Regulation?

Answer given by Mr Bangemann on behalf of the Commission

(12 February 1999)

1. Regulation (EC) 1139/98 on the labelling of foods and food ingredients produced from soya beans or genetically-modified maize, which took effect on 1 September 1998, recommends mandatory labelling when a food or food ingredient displays traces of DNA or protein resulting from genetic modification.

When adopting Regulation (EC) 1139/98 the Council invited the Commission to:

- foster the development of validated methods of detecting DNA or protein resulting from genetic modification;

- study the scope for setting a de minimis threshold for the presence of DNA or of protein resulting from genetic modification in order to take account of the problem of accidental contamination;

- draw up the "negative" list provided for in Article 2(2) of the Regulation.

2. As stated previously the Commission has been invited to examine the scope for setting a do minimis threshold for traces of DNA or of proteins below which labelling would not be required where that presence of DNA or protein in a food were to result from accidental contamination. The Commission is currently drawing upon all available experience in this area in order, in consultation with the Member States and industrialists concerned, currently to examine this matter in order quickly to produce a proposal, indeed before the end of March.

3. In parallel the Commission has launched several activities, more particularly under the responsibility of the Joint Research Centre in order to develop analytical detection methods. Thus, a method of detecting genetically-modified substances in soya flour or maize flour has now been validated. Moreover, the work aimed at developing a qualitative method for foods containing soya and genetically-modified maize, a quantitative method for genetically-modified soya and maize and quantitative methods for several converted products is continuing.

4. Finally, with the regard to the negative list, the Commission has, on the basis of contributions received from the Member States and trade circles, submitted a certain number of foods or food ingredients which would no longer contain traces of DNA or protein and which therefore would not be submitted to mandatory labelling for an opinion by the Scientific Committee on Human Medicine in accordance with Article 2(2) of Regulation (EC) No 1139/98. When that opinion has been delivered the Commission shall take all action needed in order to draw up that list.

5. While awaiting the implementation of these various components the regulation and its requirements have been in force since 1 September 1998 and thus require mandatory labelling once a food or food ingredient displays traces of DNA or protein. In any case monitoring compliance with and the implementation of these labelling regulations falls within the powers and responsibility of each Member State.

(1) OJ L 159, 3.6.1998, p. 4.