WRITTEN QUESTION P-3453/01

by Ilda Figueiredo (GUE/NGL) to the Commission

(6 December 2001)

Subject: The sardine-canning industry and designations of origin

The sardine-canning industry is under enormous pressure, owing to an increase in low-price imports and the difficulties it experiences in securing regular supplies of its raw materials. These factors are compounded by a new one, namely competition from imports of products which, although not sardines, pass as such, thereby confusing consumers, undermining the quality of the product and creating unfair competition.

The marketing rules laid down in Article 2 of Regulation (EEC) No 2136/89(1) clearly state that only products prepared exclusively from fish of the species Sardina pilchardus Walbaum may be marketed as preserved sardines. However, it appears that Latin American countries, in particular Peru, are exporting products described as Pacific sardines or as being sardine-style, which are derived from a different species (Sardinops sagax) and are sold at prices well below Community ones. It may be recalled that, at the WTO conference in Doha, very little progress was made on protecting designations of origin.

In view of the above, would the Commission answer the following questions?

- Can it confirm the above facts and, if so, indicate what action it is taking in order to remedy this state of affairs?

- What does it think of the idea of setting up a Community reference laboratory for the purpose of checking the quality of fisheries products (including imports) and the rules under which they are marketed within the EU?

- What does it think of the idea of establishing a temporary scheme for the payment of compensation and/or consumption aid to the sardine-canning industry?

(1) OJ L 212, 22.7.1989, p. 79.

Answer given by Mr Fischler on behalf of the Commission

(15 January 2002)

Peru and Venezuela have complained on several occasions about Council Regulation (EEC) No. 2136/89 of 21 June 1989, laying down common marketing standards for preserved sardines as they consider that by prohibiting the marketing of their sardinops (Peru) and sardinella aurita (Venezuela) under the trade description sardine of Peru/Venezuela, the Community is acting in breach of the Codex Alimentarius standard and in breach of Article III General Agreement on Tariffs and Trade (GATT).

The Community response to these concerns has always been that Regulation (EEC) No 2136/89 is in line with Codex, as its is necessary to avoid consumers being mislead, and in line with GATT as it does not discriminate against imported sardines. The objective of Regulation (EEC) No 2136/89 is market transparency and consumer information.

On 24 July 2001 a World Trade Organisation (WTO) panel was established at the request of Peru to examine the WTO compatibility of Regulation (EEC) No 2136/89. Peru claims that the Community Regulation violates the Technical Barriers to Trade (TBT) Agreement and article III of GATT as it does not allow the use of the trade description sardine for Peru's sardinops.

Venezuela, Canada, United States, Chile, Ecuador and Colombia are third parties to this procedure and support Peru as they also have species of fish that they would like to sell under the trade description sardine in the Community.

Parties have already submitted their first submissions and the first meeting with the panel has been held on 27-28 November 2001. The final report to WTO members is expected by the beginning of April 2002. The Commission is convinced that Regulation (EEC) No 2136/89 is fully in line with its international obligations and does not constitute a discriminatory measure vis-à-vis any of the Andean countries or any other WTO Member.

With regard to the reference laboratories, the Commission would refer the Honourable Member to its answer to Written Question E-3971/98 by Mr Varela Suanzes-Carpegna(1).

Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products(2) does not foresee any action regarding a temporary scheme of compensatory indemnities for preserved products. However, article 14.1. b) of Council Regulation (EC) No 2792 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector(3) enables Member States to take measures to promote new market outlets for fishery products, including promotion campaigns.

(1) OJ C 325, 12.11.1999.

(2) OJ L 17, 21.1.2000.

(3) OJ L 337, 30.12.1999.