WRITTEN QUESTION E-0714/98

by Amedeo Amadeo (NI) and Salvatore Tatarella (NI) to the Commission

(18 March 1998)

Subject: Food legislation - consumer health

In connection with "The General Principles of Food Law in the European Union" (Commission Green Paper) and "Consumer Health and Food Safety" (Commission Communication) (COM(97) 176 final and COM(97) 183 final),

can the Commission emphasize the growing importance of rules concerning the labelling of food products in the consumer's decision to buy, whilst also recognizing the limits of labelling and the need to find other ways of providing information? Can it also ensure that labelling concerning nutritional values is first of all made more effective and hence compulsory?

Joint answer

to Written Questions E-0708/98, E-0709/98, E-0710/98, E-0711/98,E-0712/98, E-0713/98 and E-0714/98 given by Mr Bangemann on behalf of the Commission

(28 April 1998)

As indicated during the debate on the Parliament's resolution on the green paper on the general principles of food law, the Commission intends to give its reply on the follow up to the debate in a communication. As the Commission has pointed out in the green paper it is committed to simplification and rationalisation of Community food legislation but this should lead to an increase of health protection and transparency.

In the green paper the Commission requested comments with regard to the potential of non-binding instruments in the area of food law. These comments are now being analysed by the Commission. The use of voluntary instruments can supplement usefully binding rules, for example, guidelines on good hygiene practice in a given sector. The Commission sees the main application of the principle of mutual recognition with regard to the functioning of the internal market. Member States may have diverging rules for food in areas not covered by Community rules but these rules should not be opposed to products that are lawfully produced or marketed in another Member State unless legitimate interests are at stake and those rules offer an equivalent level of protection.

The procedure laid down in Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations(1) aims at ensuring that national technical standards and regulations do not create barriers to trade. The Commission sees no need for a modification of this Directive in the sense suggested by the Honourable Member as the general prohibition for unjustified barriers to trade is already laid down in the EC Treaty.

The legal acts which confer implementing powers on the Commission specify the essential elements of these powers. It is, therefore, up to the Community legislator to define powers conferred on the Commission.

The Commission is of the opinion that the general principles of hygiene should apply to the entire food chain. The existing directives relating to hygiene are at present under review with the aim to ensure a coherent and constant body of hygiene rules "from farm to table". This legislation will lay an emphasis on the application of hazard analysis critical control points (HACCP) principles.

The Commission considers that health aspects will remain the major reason for legislative action at Community level. The recourse to the principle of mutual recognition will prevail in those areas, so far as the composition of foodstuffs is concerned. This policy, which has stimulated innovation and greater consumer choice, is not in contradiction with the development of quality standards for agricultural products, which increase the competitivity of these products, and therefore supports other aims of the common agricultural policy.

The Commission intends to review the Directive on nutritional labelling with a view to adapt it to scientific progress. This review will also aim at ensuring better and more easily understandable information for the consumer. Whether the information on nutritional properties should be mandatory is at present being considered. It has to be seen in the context of the general question of the best means, including new information technologies, to provide information which is of interest to the consumer.

(1) OJ L 109, 26.4.1983.